[Federal Register: July 28, 1999 (Volume 64, Number 144)]
[Notices]               
[Page 40831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy99-47]                         

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-806]

 
Silicon Metal From the People's Republic of China; Notice of 
recission of New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Recission of New Shipper Review.

-----------------------------------------------------------------------

SUMMARY: On December 7, 1998, in response to a request by Zunyi 
Titanium Plant, an exporter and producer, the Department of Commerce 
initiated a new shipper review concerning the antidumping duty order on 
silicon metal from the People's Republic of China (PRC). The period of 
review was June 1, 1998 through November 30, 1998. This review has now 
been rescinded as a result of the withdrawal of the request for review 
by Zunyi Titanium Plant, the only party that requested the review.

EFFECTIVE DATE: July 28, 1999.

FOR FURTHER INFORMATION CONTACT: Sarah Ellerman or Maureen Flannery, 
AD/CVD Enforcement, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230, telephone: (202) 482-4106 and (202) 
482-3020, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 10, 1991, the Department of Commerce (the Department) 
published an antidumping duty order on silicon metal from the PRC (56 
FR 26649). On December 7, 1998, Zunyi Titanium Plant, an exporter and a 
producer, requested a new shipper review in reference to the 
antidumping duty order on silicon metal from the PRC. In accordance 
with 19 CFR 351.214(d), we published the initiation of the review on 
February 1, 1999 (64 FR 4842) covering the period of June 1, 1998 
through November 30, 1998. On May 11, 1999, Zunyi Titanium Plant 
withdrew its request for review.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations refer to 19 CFR part 351 
(1998).

Recission of Review

    The Department's regulations at 19 CFR 351.214(f)(1) provide that 
the Department ``may rescind a new shipper review * * * if a party that 
requested a review withdraws its request no later than 60 days after 
the date of publication of notice of initiation of the requested 
review.'' Zunyi Titanium Plant withdrew its request for new shipper 
review on May 11, 1999.
    Although this date is more than 60 days from the date of 
initiation, consistent with the Department's past practice in the 
context of administrative reviews conducted under section 751(a) of the 
Act, the Department has discretion to extend the time period for 
withdrawal on a case-by-case basis. (See e.g. Iron Construction Casings 
from Canada: Notice of Recission of Antidumping Duty Administrative 
Review, 63 FR 45797 (August 27, 1998).) In this case, the Department 
has determined to grant the request to rescind this new shipper review 
based on the fact that the Department has not yet devoted considerable 
time and resources to this proceeding. Moreover, rescission of this 
review would not prejudice any party in this proceeding, as Zunyi 
Titanium Plant would continue to be included in the PRC-wide rate to 
which it was subject at the time of its request for this new shipper 
review.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This determination is issued and published in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act of 1930, as 
amended.

    Dated: July 21, 1999.
Barbara E. Tillman,
Acting Deputy Assistant Secretary, AD/CVD Enforcement Group III.
[FR Doc. 99-19306 Filed 7-27-99; 8:45 am]
BILLING CODE 3510-DS-P