83 FR 63830 - Silicomanganese From the People's Republic of China and Ukraine: Continuation of the Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 238 (December 12, 2018)

Page Range		63830-63831
FR Document		2018-26869

As a result of determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on silicomanganese from the People's Republic of China (China) and Ukraine would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD orders on silicomanganese from China and Ukraine.

Federal Register, Volume 83 Issue 238 (Wednesday, December 12, 2018)

[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Pages 63830-63831]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26869]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-828; A-823-805]


Silicomanganese From the People's Republic of China and Ukraine: 
Continuation of the Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of determinations by the Department of Commerce 
(Commerce) and the International Trade Commission (ITC) that revocation 
of the antidumping duty (AD) orders on silicomanganese from the 
People's Republic of China (China) and Ukraine would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of the AD orders on silicomanganese from China and 
Ukraine.

DATES: Applicable December 12, 2018.

FOR FURTHER INFORMATION CONTACT: Jonathan Cornfield, 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) 482-3855.

SUPPLEMENTARY INFORMATION:

Background

    On October 4, 2017, Commerce published the notice of initiation of 
the fourth sunset reviews of the AD Orders,\1\

[[Page 63831]]

pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ As a result of its reviews, Commerce determined that 
revocation of the AD Orders would likely lead to a continuation or 
recurrence of dumping and, therefore, notified the ITC of the magnitude 
of the margins of dumping likely to prevail should the orders be 
revoked.\3\ On December 6, 2018, the ITC published its determination, 
pursuant to sections 751(c) and 752 of the Act, that revocation of the 
AD Orders would likely lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\4\
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    \1\ See Notice of Antidumping Duty Order: Silicomanganese from 
the People's Republic of China, 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 Silicomanganese from the People's Republic of China: 
Final Results of Expedited Fourth Sunset Reviews of the Antidumping 
Duty Orders, 83 FR 5609 (February 8, 2018). See also Silicomanganese 
from the People's Republic of China: Notice of Correction to the 
Final Results of the Expedited Fourth Sunset Review of the 
Antidumping Duty Order, 83 FR 17995 (April 25, 2018).
    \4\ See Investigation No. 731-TA-672-673 (Fourth Review): 
Silicomanganese from China and Ukraine: 83 FR 62900 (December 6, 
2018), and USITC Publication 4845 (November 2018).
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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.\5\ 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.
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    \5\ 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.
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Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD Orders would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the AD Orders. U.S. Customs 
and Border Protection will continue to collect cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the AD Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next five-year review of this order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: December 7, 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. 2018-26869 Filed 12-11-18; 8:45 am]
 BILLING CODE 3510-DS-P

63830 Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices

additional information regarding this above had no shipments of subject Dated: December 3, 2018.
determination, see the Preliminary merchandise, any suspended entries of Gary Taverman,
Decision Memorandum. subject merchandise during the POR Deputy Assistant Secretary for Antidumping
under their case numbers will be and Countervailing Duty Operations,
Public Comment performing the non-exclusive functions and
liquidated at the China-wide rate.13
Interested parties are invited to duties of the Assistant Secretary for
comment on the preliminary results and Cash Deposit Requirements Enforcement and Compliance.
may submit case briefs and/or written Appendix
comments, filed electronically using The following cash deposit
ACCESS, within 30 days of the date of requirements will be effective upon List of Topics Discussed in the
publication of this notice, pursuant to publication of the final results of this Preliminary Decision Memorandum
19 CFR 351.309(c)(1)(ii). Rebuttal briefs, review for shipments of subject (1) Summary
limited to issues raised in the case merchandise from China entered, or (2) Background
briefs, will be due five days after the withdrawn from warehouse, for (3) Scope of the Order
due date for case briefs, pursuant to 19 consumption on or after the publication (4) Discussion of the Methodology
CFR 351.309(d). Parties who submit date, as provided by sections a. NME Country Status
case or rebuttal briefs in this review are 751(a)(2)(C) of the Act: (1) For b. Separate Rates
requested to submit with each argument c. Preliminary Determination of No
previously investigated or reviewed
Shipments
a statement of the issue, a summary of China and non-China exporters that (5) Conclusion
the argument not to exceed five pages, received a separate rate in a prior
[FR Doc. 2018–26870 Filed 12–11–18; 8:45 am]
and a table of statutes, regulations, and segment of this proceeding, the cash
cases cited, in accordance with 19 CFR BILLING CODE 3510–DS–P
deposit rate will continue to be the
351.309(c)(2). existing exporter-specific rate; (2) for all
Any interested party may request a Chinese exporters of subject
hearing within 30 days of publication of DEPARTMENT OF COMMERCE
merchandise that have not been found
this notice.10 Hearing requests should to be entitled to a separate rate, the cash International Trade Administration
contain the following information: (1)
deposit rate will be the rate for the [A–570–828; A–823–805]
The party’s name, address, and
China-wide entity, which is 216.01
telephone number; (2) the number of
percent; and (3) for all non-China Silicomanganese From the People’s
participants; and (3) a list of the issues
to be discussed. Oral presentations at exporters of subject merchandise which Republic of China and Ukraine:
the hearing will be limited to issues have not received their own rate, the Continuation of the Antidumping Duty
raised in the case briefs. If a request for cash deposit rate will be the rate Orders
a hearing is made, parties will be applicable to the China exporter that
AGENCY: Enforcement and Compliance,
notified of the time and date of the supplied that non-China exporter.
International Trade Administration,
hearing to be held at the U.S. These deposit requirements, when Department of Commerce.
Department of Commerce, 1401 imposed, shall remain in effect until SUMMARY: As a result of determinations
Constitution Avenue NW, Washington, further notice. by the Department of Commerce
DC 20230.11 (Commerce) and the International Trade
Unless extended, Commerce intends Notification To Importers
Commission (ITC) that revocation of the
to issue the final results of this AR, antidumping duty (AD) orders on
This notice also serves as a
which will include the results of its silicomanganese from the People’s
analysis of issues raised in any briefs preliminary reminder to importers of
their responsibility under 19 CFR Republic of China (China) and Ukraine
received, within 120 days of publication would likely lead to a continuation or
of these preliminary results, pursuant to 351.402(f)(2) to file a certificate
regarding the reimbursement of recurrence of dumping and material
section 751(a)(3)(A) of the Act. injury to an industry in the United
antidumping duties prior to liquidation
Assessment Rates of the relevant entries during this States, Commerce is publishing a notice
Upon issuing the final results of this review period. Failure to comply with of continuation of the AD orders on
review, Commerce will determine, and this requirement could result in silicomanganese from China and
CBP shall assess, antidumping duties on Ukraine.
Commerce’s presumption that
all appropriate entries covered by this reimbursement of antidumping duties DATES: Applicable December 12, 2018.
review.12 Commerce intends to issue occurred and the subsequent assessment FOR FURTHER INFORMATION CONTACT:
assessment instructions to CBP 15 days of double antidumping duties. Jonathan Cornfield, AD/CVD
after the publication date of the final Operations, Office III, Enforcement and
results of this review. We intend to Notification To Interested Parties Compliance, International Trade
instruct CBP to liquidate entries of Administration, U.S. Department of
We are issuing and publishing these
subject merchandise exported by the Commerce, 1401 Constitution Avenue
results in accordance with sections
China-wide entity, including Decca and NW, Washington, DC 20230; telephone:
the other seven companies noted above 751(a)(1) and 777(i)(1) of the Act and 19
(202) 482–3855.
which did not qualify for separate rate CFR 351.221.(b)(4).
SUPPLEMENTARY INFORMATION:
status, at the China-wide rate.
amozie on DSK3GDR082PROD with NOTICES1

Additionally, pursuant to Commerce’s Background
practice in NME cases, if we continue to On October 4, 2017, Commerce
determine that the five companies noted published the notice of initiation of the
13 For a full discussion of this practice, see Non- fourth sunset reviews of the AD Orders,1
10 See 19 CFR 351.310(c). Market Economy Antidumping Proceedings:
11 See 19 CFR 351.310(d). Assessment of Antidumping Duties, 76 FR 65694 1 See Notice of Antidumping Duty Order:
12 See 19 CFR 351.212(b). (October 24, 2011). Silicomanganese from the People’s Republic of

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Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices 63831

pursuant to section 751(c) of the Tariff regardless of its tariff classification. DEPARTMENT OF COMMERCE
Act of 1930, as amended (the Act).2 As Although the HTSUS subheadings are
a result of its reviews, Commerce provided for convenience and customs National Oceanic and Atmospheric
determined that revocation of the AD purposes, the written description of the Administration
Orders would likely lead to a AD Orders remains dispositive. RIN 0648–XG598
continuation or recurrence of dumping
and, therefore, notified the ITC of the Continuation of the Orders Atlantic Highly Migratory Species
magnitude of the margins of dumping (HMS); Atlantic HMS Tournament
As a result of the determinations by
likely to prevail should the orders be Registration and Reporting; Selection
revoked.3 On December 6, 2018, the ITC Commerce and the ITC that revocation
of the AD Orders would likely lead to of All Atlantic HMS Tournaments for
published its determination, pursuant to Reporting
sections 751(c) and 752 of the Act, that a continuation or recurrence of dumping
revocation of the AD Orders would and material injury to an industry in the AGENCY: National Oceanic and
likely lead to continuation or recurrence United States, pursuant to section Atmospheric Administration (NOAA),
of material injury to an industry in the 751(d)(2) of the Act and 19 CFR Commerce.
United States within a reasonably 351.218(a), Commerce hereby orders the ACTION: Notice.
foreseeable time.4 continuation of the AD Orders. U.S.
Customs and Border Protection will SUMMARY: NMFS announces that all
Scope of the AD Orders Atlantic HMS tournaments will be
continue to collect cash deposits at the
The merchandise covered by these rates in effect at the time of entry for all selected for reporting beginning on
orders is silicomanganese. imports of subject merchandise. January 1, 2019. Previously, only a
Silicomanganese, which is sometimes portion of Atlantic HMS tournaments
called ferrosilicon manganese, is a The effective date of the continuation were selected for reporting. An Atlantic
ferroalloy composed principally of of the AD Orders will be the date of HMS tournament is a tournament that
manganese, silicon, and iron, and publication in the Federal Register of awards points or prizes for catching
normally contains much smaller this notice of continuation. Pursuant to Atlantic HMS (i.e., swordfish, billfish,
proportions of minor elements, such as section 751(c)(2) of the Act, Commerce sharks and/or tunas). When selected for
carbon, phosphorous and sulfur. intends to initiate the next five-year reporting, Atlantic HMS tournament
Silicomanganese generally contains by review of this order not later than 30 operators are required to submit an
weight not less than 4 percent iron, days prior to the fifth anniversary of the HMS tournament catch summary report
more than 30 percent manganese, more effective date of continuation. within seven days after tournament
than 8 percent silicon and not more fishing has ended. NMFS uses the data
than 3 percent phosphorous. All Administrative Protective Order
to estimate the total annual catch of
compositions, forms and sizes of This notice also serves as the only HMS and the impact of tournament
silicomanganese are included within the reminder to parties subject to operations in relation to other types of
scope of these orders, including administrative protective order (APO) of fishing activities.
silicomanganese slag, fines and DATES: Selection of all Atlantic HMS
their responsibility concerning the
briquettes. Silicomanganese is used tournaments for reporting will begin
return/destruction or conversion to
primarily in steel production as a source January 1, 2019.
of both silicon and manganese. judicial protective order of proprietary
information disclosed under APO in FOR FURTHER INFORMATION CONTACT:
Silicomanganese is currently
classifiable under subheading accordance with 19 CFR 351.305(a)(3). Nicolas Alvarado at 727–209–5955 or
7202.30.0000 of the Harmonized Tariff Failure to comply is a violation of the 727–824–5398 (fax), or email
Schedule of the United States (HTSUS). APO which may be subject to sanctions. Nicolas.Alvarado@noaa.gov.
Some silicomanganese may also These five-year (sunset) reviews and SUPPLEMENTARY INFORMATION:
currently be classifiable under HTSUS this notice are in accordance with The U.S. Atlantic HMS fisheries are
subheading 7202.99.5040.5 The AD managed under the 2006 Consolidated
sections 751(c) and 751(d)(2) of the Act
Orders cover all silicomanganese, HMS Fishery Management Plan and its
and published pursuant to section
amendments. Implementing regulations
777(i)(1) of the Act and 19 CFR
China, 59 FR 66003 (December 22, 1994) and at 50 CFR part 635 are issued under the
Suspension Agreement on Silicomanganese from
351.218(f)(4). authority of the Magnuson-Stevens
Ukraine; Termination of Suspension Agreement Dated: December 7, 2018. Fishery Conservation and Management
and Notice of Antidumping Duty Order, 66 FR
43838 (August 21, 2001) (AD Orders). Gary Taverman, Act (Magnuson-Stevens Act), 16 U.S.C.
2 See Initiation of Five-Year (Sunset) Reviews, 82 Deputy Assistant Secretary for Antidumping 1801 et seq., and the Atlantic Tunas
FR 46221 (October 4, 2017). and Countervailing Duty Operations, Convention Act (ATCA), 16 U.S.C. 971
3 See Silicomanganese from the People’s Republic
performing the non-exclusive functions and et seq. ATCA authorizes the Secretary of
of China: Final Results of Expedited Fourth Sunset duties of the Assistant Secretary for Commerce to promulgate regulations, as
Reviews of the Antidumping Duty Orders, 83 FR
5609 (February 8, 2018). See also Silicomanganese Enforcement and Compliance. may be necessary and appropriate, to
from the People’s Republic of China: Notice of [FR Doc. 2018–26869 Filed 12–11–18; 8:45 am] implement recommendations of the
Correction to the Final Results of the Expedited BILLING CODE 3510–DS–P
International Commission for the
Fourth Sunset Review of the Antidumping Duty Conservation of Atlantic Tunas.
Order, 83 FR 17995 (April 25, 2018).
An Atlantic HMS tournament is a
amozie on DSK3GDR082PROD with NOTICES1

4 See Investigation No. 731–TA–672–673 (Fourth

Review): Silicomanganese from China and Ukraine: tournament that awards points or prizes
83 FR 62900 (December 6, 2018), and USITC for catching Atlantic HMS (swordfish,
Publication 4845 (November 2018). billfish, sharks and/or tunas). Existing
5 7202.99.5040 is the applicable HTSUS statistical
regulations at § 635.5(d) require Atlantic
reporting prior to July 2, 2003. Effective July 2,
2003, the subject merchandise that would originally
HMS tournament operators to register
have entered under 7202.99.5040 now enters under their tournaments with NMFS four
7202.99.8040. weeks in advance of the tournament.

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Document Created: 2018-12-12 01:39:42
Document Modified: 2018-12-12 01:39:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable December 12, 2018.
Contact		Jonathan Cornfield, 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) 482-3855.
FR Citation		83 FR 63830

83 FR 63830 - Silicomanganese From the People's Republic of China and Ukraine: Continuation of the Antidumping Duty Orders

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 238 (December 12, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration