[Federal Register: December 7, 1999 (Volume 64, Number 234)]
[Notices]               
[Page 68320-68321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de99-22]                         

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DEPARTMENT OF COMMERCE

International Trade Administration
[A-823-805]

 
Suspension Agreement on Silicomanganese From Ukraine; Notice of 
Rescission of Administrative Review

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

ACTION: Notice of rescission of administrative review.

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SUMMARY: In response to requests from petitioner and the Government of 
Ukraine, the Department of Commerce (``the Department'') initiated an 
administrative review of the suspension agreement on silicomanganese 
from Ukraine on December 23, 1998. The Department received requests for 
withdrawal on November 30, 1999, from petitioner and the Government of 
Ukraine. This review has now been rescinded as a result of the 
withdrawal of the requests for review by petitioner and the Government 
of Ukraine, the only parties which requested the review.

EFFECTIVE DATE: December 7, 1999.

FOR FURTHER INFORMATION CONTACT: Carrie Blozy or Rick Johnson, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington D.C. 
20230;

[[Page 68321]]

telephone: (202) 482-0165 or (202) 482-3818, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are to the provisions effective January 
1, 1995, the effective date of the amendments made to the Act by the 
Uruguay Round Agreements Act (``URAA''). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to 19 
C.F.R. Part 351 (1998).

Background

    On October 31, 1994, the Department signed an agreement with the 
Government of Ukraine which suspended the antidumping investigation on 
silicomanganese from Ukraine. See Silicomanganese from Ukraine; 
Suspension of Investigation, 59 FR 60951 (November 29, 1994). In 
accordance with section 734(g) of the Act, on December 6, 1994, the 
Department published its final determination of sales at less than fair 
value in this case. See Notice of Final Determination of Sales at Less 
Than Fair Value: Silicomanganese From Ukraine, 59 FR 62711 (December 6, 
1994).
    Pursuant to Article XIII of the Agreement, on October 30, 1998, the 
Department received timely requests from petitioner and the Government 
of Ukraine to conduct an administrative review of the Agreement under 
Section 751 of the Act. On November 30, 1998, petitioner also submitted 
a request for an administrative review pursuant to the notice of 
Antidumping and Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity to Request Administrative Review, 63 FR 
63287 (November 12, 1998). Additionally, the Government of Ukraine 
submitted a supplement to their October 30, 1998 request on December 7, 
1998. On December 23, 1998, the Department initiated a review of the 
Agreement. See Notice of Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 63 FR 71091 (December 23, 1998).
    On August 9, 1999, the Department extended the time limits for the 
preliminary results of review by 120 days. See Notice of Extension of 
Time Limits for the Preliminary Results of Administrative Review of the 
Suspension Agreement on Silicomanganese From Ukraine, 64 FR 43161 
(August 9, 1999). On October 8, 1999, the Department issued a 
questionnaire to the Government of Ukraine requesting information to 
determine whether the Government of Ukraine has complied with the terms 
of the Agreement and to evaluate current trends and conditions in both 
the domestic and world market for silicomanganese faced by producers 
and exporters of Ukrainian silicomanganese. On October 25, 1999, 
petitioner filed a submission arguing that the administrative review is 
not a termination review. On November 15, 1999, the Government of 
Ukraine submitted its response to the questionnaire. Also, on November 
15, 1999, petitioner submitted certain factual information from the 
public record of the suspended investigation. On November 30, 1999, the 
Department received withdrawal requests from petitioner and the 
Government of Ukraine.

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1) of the Department's regulations, 
the Department will allow a party that requests an administrative 
review to withdraw such request within 90 days of the date of 
publication of the notice of initiation of the administrative review. 
Furthermore, the Department may extend this time limit if the Secretary 
decides it is reasonable to do so, per 19 CFR 351.213(d)(1). Because 
all requests for review have been withdrawn, rescission of this review 
would not prejudice any party in this proceeding. Therefore, the 
Department is rescinding this 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 353.34(d). 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 19 
CFR 351.213(d)(4).

    Dated: November 30, 1999.
Barbara E. Tillman,
Acting Deputy Assistant Secretary, AD/CVD Enforcement Group III.
[FR Doc. 99-31673 Filed 12-6-99; 8:45 am]
BILLING CODE 3510-DS-P