Import Administration, International Trade Administration, Department of Commerce.
The Department of Commerce (the Department) has received a timely request to conduct a new shipper review of the antidumping duty order on silicon metal from the People's Republic of China (PRC). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we find the request to meet all of the regulatory requirements, and are, therefore, initiating this new shipper review.
February 8, 2002.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Christian Hughes or Maureen Flannery, AD/CVD Enforcement, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 482-0648 or (202)482-3020, respectively.End Further Info
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the Act are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Act by the Uruguay Round Agreements Act. In addition, unless otherwise indicated, all references to the Department's regulations are to 19 CFR Part 351 (2001).
On December 31, 2001, the Department received a request from China Shanxi Province Lin Fen Prefecture Foreign Trade Import and Export Corp. (Lin Fen) for a new shipper review of the antidumping duty order on silicon metal from the PRC, in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(c). This order has a June anniversary month; however, this request was made at the end of the semiannual anniversary month in accordance with section 351.214 (b)(2)(d)(2) of the regulations, and is therefore timely.
Initiation of Review
Pursuant to 19 CFR 351.214(b)(2)(i) and 19 CFR 351.214(b)(2)(iii)(A) and (B), Lin Fen's December 31, 2001 request for a review certified that Lin Fen and its supplier had not exported the subject merchandise to the United States during the period of investigation (POI) and that they had not been affiliated with any company which exported subject merchandise to the United States during the POI. Pursuant to 19 CFR 351.214, Lin Fen and its supplier also certified that their export activities are not controlled by the central government of the PRC. We have determined that the certifications filed on December 31, 2001 are adequate under the Department's regulations. See “Memorandum to the File, Silicon Metal: Initiation of a New Shipper Review for China Shanxi Province Lin Fen Prefecture Foreign Trade Import and Export Corp.” (Public Document),” dated January 31, 2002.
In addition, pursuant to 19 CFR 351.214(b)(2)(iv), Lin Fen's December 31, 2001 request contained documentation establishing: the date the subject merchandise was first shipped to the United States, the volume of that shipment, and the date of the first sale to an unaffiliated customer in the United States. Lin Fen also certified that it had no subsequent shipments to the United States in accordance with section 351.214(b)(2)(iv)(B).
Therefore, in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(d), we are initiating a new shipper review of the antidumping duty order on silicon metal from the PRC.
It is the Department's usual practice in cases involving non-market economies to require that a company seeking eligibility for a separate rate from the country-wide rate provide de jure and de facto evidence of an absence of government control over the company's export activities in accordance with section 351.214(b)(iii)(B)of the Department's regulations. See Certain Preserved Mushrooms from the People's Republic of China: Initiation of New Shipper Antidumping Duty Review, 65 FR 17257 (March 31, 2000). Accordingly, we will issue a separate rates questionnaire to Lin Fen. If Lin Fen provides sufficient evidence that it is not subject to de jure or de facto government control with respect to its exports of silicon metal, this review will proceed. If, on the other hand, Lin Fen does not meet its burden to demonstrate its eligibility for a separate rate, then Lin Fen will be deemed to be affiliated with other companies that exported during the POI and that did not establish entitlement to a separate rate. This review will then be terminated due to failure of the exporter or producer to meet the requirements of section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(B).Start Printed Page 5967
Pursuant to 19 CFR 351.214 (g)(1)(i)(B) of the Department's regulations, the POR for a new shipper review initiated in the month immediately following the semiannual anniversary month will be the six-month period immediately preceding the semiannual anniversary month. Therefore, the POR for this review is June 1, 2001 through November 30, 2001.
Concurrent with the publication of this initiation notice, and in accordance with 19 CFR 351.214(e), effective on the date of publication of this notice, we will instruct the U.S. Customs Service to allow, at the option of the importer, the posting of a bond or security in lieu of a cash deposit at the existing PRC-wide rate of 139.49 percent for each entry of the subject merchandise exported by the company named above, until the completion of the review.
Interested parties may submit applications for disclosure of business proprietary information under administrative protective order in accordance with 19 CFR 351.305 and 351.306.Start Signature
January 31, 2002
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration, Group III.
[FR Doc. 02-3121 Filed 2-7-02; 8:45 am]
BILLING CODE 3510-DS-S