[Federal Register: November 22, 2002 (Volume 67, Number 226)]
[Notices]               
[Page 70403-70404]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no02-46]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-806]

 
Silicon Metal From the People's Republic of China (PRC): 
Postponement of Time Limit for Preliminary Results of New Shipper 
Antidumping Review in Conjunction with Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 2, 2002, the Department of Commerce (the 
Department) received a request from China Shanxi Province Lin Fen 
Prefecture Foreign Trade Import and Export Corp. (Lin Fen) for an 
expansion of the normal period of review (POR) of the new shipper 
review. In the same letter, Lin Fen agreed to waive the time limits of 
section 351.214(i) of the Department's regulations so that the 
Department may conduct the new shipper review concurrently with the 
administrative review of silicon metal from the PRC for the period June 
1, 2001, through May 31, 2002 (67 FR 48435). Therefore, pursuant to Lin 
Fen's request and in accordance with the Department's regulations, we 
will expand the normal POR of the new shipper review by 45 days, from 
June 1, 2001 through November 30, 2001 to June 1, 2001 through January 
14, 2002, and conduct this new shipper review concurrently with the 
administrative review.

[[Page 70404]]


EFFECTIVE DATE: November 22, 2002.

FOR FURTHER INFORMATION CONTACT: Christian Hughes or Maureen Flannery, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, D.C. 20230; telephone: (202) 482-0190 and (202) 482-3020, 
respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the Tariff Act of 1930, as amended (the Act). In 
addition, unless otherwise indicated, all citations to the Department's 
regulations are to the regulations codified at 19 CFR part 351 (2001).

Background

    On December 31, 2001, the Department received a timely request from 
Lin Fen to conduct a new shipper review of the antidumping duty order 
on silicon metal from the PRC. On January 31, 2002 (67 FR 5966), the 
Department initiated the new shipper antidumping review covering the 
period June 1, 2001, through November 30, 2001. On June 28, 2002, the 
Department received a timely request from Lin Fen to conduct an 
administrative review of this antidumping duty order. On July 24, 2002, 
the Department initiated the administrative antidumping review covering 
the period June 1, 2001, through May 31, 2002 (67 FR 48435).

Postponement of New Shipper Review

    On October 2, 2002, Lin Fen, in accordance with section 
351.214(j)(3), agreed to waive the applicable time limits for the new 
shipper review so that the Department might conduct the new shipper 
review concurrently with the June 1, 2001 through May 31, 2002 
administrative review of silicon metal from the PRC, and also requested 
an expansion of the new shipper review POR in order to include both 
sales to an unaffiliated customer and entries of subject merchandise 
into the United States. The Department has the discretion to expand the 
POR in order to cover entries of the subject merchandise. See section 
351.214(f)(2)(ii) of the Department's regulations, and the preamble to 
the Department's regulations, which specifically discusses the 
Department's ability to expand the POR by 30 days or more, at 66 FR 
27319-27320 (May 19, 1997). Therefore, we have decided to expand the 
new shipper POR by 45 days until January 14, 2002 in order to capture 
both sales to an unaffiliated customer and entries of subject 
merchandise into the United States. Pursuant to Lin Fen's request, and 
in accordance with section 351.214(j)(3) the Department's regulations, 
we will conduct this new shipper review concurrently with the June 1, 
2001 through May 31, 2002 administrative review of silicon metal from 
the PRC. Therefore, the preliminary results of the antidumping new 
shipper review, as well as the administrative review, will be due 245 
days from the last day of the administrative review period, i.e., March 
2, 2003. See section 351.213(h) of the Department's regulations. 
Because this date falls on a weekend, we will issue the preliminary 
results of both reviews on the next business day, March 3, 2003.
    This notice is published in accordance with section 751(a)(2)(B) of 
the Act and section 351.214(j)(3) of the Department's regulations.

    Dated: November 15, 2002.
Barbara E. Tillman,
Acting Deputy Assistant Secretaryfor Import Administration, Group III.
[FR Doc. 02-29788 Filed 11-21-02; 8:45 am]