83 FR 5609 - Silicomanganese From the People's Republic of China and Ukraine: Final Results of Expedited Fourth Sunset Reviews of the Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 27 (February 8, 2018)

As a result of these sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on silicomanganese from the People's Republic of China (China) and Ukraine would be likely to lead to continuation or recurrence of dumping at the dumping margins identified in the ``Final Results of Review'' section of this notice.

[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Notices]
[Pages 5609-5611]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02523]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-864, A-823-805]


Silicomanganese From the People's Republic of China and Ukraine: 
Final Results of Expedited Fourth Sunset Reviews of the Antidumping 
Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of these sunset reviews, the Department of 
Commerce (Commerce) finds that revocation of the antidumping duty (AD) 
orders on

[[Page 5610]]

silicomanganese from the People's Republic of China (China) and Ukraine 
would be likely to lead to continuation or recurrence of dumping at the 
dumping margins identified in the ``Final Results of Review'' section 
of this notice.

DATES: Applicable February 8, 2018.

FOR FURTHER INFORMATION CONTACT: Joseph Degreenia, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6430.

SUPPLEMENTARY INFORMATION:

Background

    On October 4, 2017, Commerce published the notice of initiation of 
the fourth sunset reviews of the antidumping duty orders \1\ on 
silicomanganese from China and Ukraine, pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act).\2\ On October 19, 2017, 
Commerce received a notice of intent to participate from Eramet 
Marietta, Inc. (Eramet), within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ On October 9, 2017, Commerce received a letter 
from the Trade Defense Department of the Ministry of Economic 
Development and Trade (TDDMEDT) of Ukraine in which TDDMEDT stated its 
intent to participate as an interested party in this proceeding.\4\ 
Eramet claimed interested party status under section 771(9)(C) of the 
Act, as a domestic producer of silicomanganese.\5\ On November 3, 2017, 
Commerce received complete substantive responses from Eramet within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(i).\6\ We received no 
substantive response from any other domestic or respondent interested 
parties in this proceeding, nor was a hearing requested. As a result, 
pursuant to 19 CFR 351.218(e)(1)(ii)(C), Commerce conducted expedited 
(120-day) sunset reviews of the AD Orders. Commerce has exercised its 
discretion to toll deadlines for the duration of the closure of the 
Federal Government from January 20 through 22, 2018. If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. The revised 
deadline for the final results of these sunset reviews is now February 
5, 2018.\7\
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    \1\ See Notice of Antidumping Duty Order: Silicomanganese from 
the People's Republic of China (PRC), 59 FR 66003 (December 22, 
1994) and Suspension Agreement on Silicomanganese from Ukraine; 
Termination of Suspension Agreement and Notice of Antidumping Duty 
Order, 66 FR 43838, August 21, 2001 (AD Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 82 FR 46221 
(October 4, 2017).
    \3\ See letters from Eramet, ``Five-Year (``Sunset'') Review of 
Antidumping Duty Order on Silicomanganese from the People's Republic 
of China: Notice of Intent to Participate,'' dated October 19, 2017 
(Eramet China NOITP) and ``Five-Year (``Sunset'') Review of 
Antidumping Duty Order on Silicomanganese from Ukraine: Notice of 
Intent to Participate,'' dated October 19, 2017 (Eramet Ukraine 
NOITP).
    \4\ See letter from Government of Ukraine, ``Entry of 
Appearance: Five-Year ``Sunset'' Review of the Antidumping Duty 
Order on Silicomanganese from China, and Ukraine (4th Review), DOC 
Case No. A-823-805,'' dated October 9, 2017.
    \5\ See Eramet China NOITP, at 1; and Eramet Ukraine NOITP, at 
1.
    \6\ See letters from Eramet, ``Five-Year (``Sunset'') Review of 
Antidumping Duty Order on Silicomanganese from the People's Republic 
of China: Eramet's Substantive Response to Notice of Initiation,'' 
dated November 3, 2017 (Eramet China Substantive Response) and 
``Five-Year (``Sunset'') Review of Antidumping Duty Order on 
Silicomanganese from Ukraine: Eramet's Substantive Response to 
Notice of Initiation,'' dated November 3, 2017 (Eramet Ukraine 
Substantive Response).
    \7\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
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Scope of the AD Orders

    The merchandise covered by these orders is silicomanganese. 
Silicomanganese, which is sometimes called ferrosilicon manganese, is a 
ferroalloy composed principally of manganese, silicon, and iron, and 
normally contains much smaller proportions of minor elements, such as 
carbon, phosphorous and sulfur. Silicomanganese generally contains by 
weight not less than 4 percent iron, more than 30 percent manganese, 
more than 8 percent silicon and not more than 3 percent phosphorous. 
All compositions, forms and sizes of silicomanganese are included 
within the scope of these orders, including silicomanganese slag, fines 
and briquettes. Silicomanganese is used primarily in steel production 
as a source of both silicon and manganese.
    Silicomanganese is currently classifiable under subheading 
7202.30.0000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Some silicomanganese may also currently be classifiable under 
HTSUS subheading 7202.99.5040.\8\ The AD Orders cover all 
silicomanganese, regardless of its tariff classification. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the AD Orders remains dispositive.\9\
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    \8\ 7202.99.5040 is the applicable HTSUS statistical reporting 
prior to July 2, 2003. Effective July 2, 2003, the subject 
merchandise that would originally have entered under 7202.99.5040 
now enters under 7202.99.8040.
    \9\ See Continuation of Antidumping Duty Orders: Silicomanganese 
from the People's Republic of China and Ukraine, 77 FR 66956 
(November 8, 2012).
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Analysis of Comments Received

    All issues raised in these sunset reviews, including the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margins likely to prevail if the AD Orders were revoked, are addressed 
in the Issues and Decision Memorandum,\10\ dated concurrently with, and 
hereby adopted by this notice. The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov and to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed at http://enforcement.trade.gov/frn/. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
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    \10\ See Commerce's memorandum, ``Issues and Decision Memorandum 
for the Final Results of the Expedited Fourth Sunset Review of the 
Antidumping Duty Order on Silicomanganese from the People's Republic 
of China and Ukraine,'' dated concurrently with this notice (Issues 
and Decision Memorandum).
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Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the AD Orders on silicomanganese from 
China and Ukraine would be likely to lead to continuation or recurrence 
of dumping, and that the magnitude of the dumping margins likely to 
prevail would be weighted-average dumping margins up to 150 percent for 
China and 163 percent for Ukraine.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply

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with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CR 351.218.

    Dated: February 2, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-02523 Filed 2-7-18; 8:45 am]
 BILLING CODE 3510-DS-P