MESSAGE NO: 2268206 DATE: 09 25 2002
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 817 - -
- - - -
- - - -

PERIOD COVERED: 06 22 2002 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: PRELIMINARY DETERMINATION IN THE DUMPING INVESTIGATION
OF SILICON METAL FROM RUSSIA (A-462-817)



1. ON SEPTEMBER 20, 2002, THE DEPARTMENT OF COMMERCE PUBLISHED
IN THE
FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT
LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF
SILICON METAL FROM THE RUSSIAN FEDERATION.

2. FOR PURPOSES OF THIS INVESTIGATION, THE PRODUCT COVERED IS
SILICON METAL, WHICH GENERALLY CONTAINS AT LEAST 96.00 PERCENT
BUT LESS THAN 99.99 PERCENT SILICON BY WEIGHT. THE MERCHANDISE
COVERED BY THIS INVESTIGATION ALSO INCLUDES SILICON METAL FROM
RUSSIA CONTAINING BETWEEN 89.00 AND 96.00 PERCENT SILICON BY
WEIGHT, BUT CONTAINING MORE ALUMINUM THAN THE SILICON METAL WHICH
CONTAINS AT LEAST 96.00 PERCENT BUT LESS THAN 99.99 PERCENT
SILICON BY WEIGHT. SILICON METAL CURRENTLY IS CLASSIFIABLE UNDER
SUBHEADINGS 2804.69.10 AND 2804.69.50 OF THE HARMONIZED TARIFF
SCHEDULE OF THE UNITED STATES ("HTSUS"). THIS INVESTIGATION
COVERS ALL SILICON METAL MEETING THE ABOVE SPECIFICATION,
REGARDLESS OF TARIFF CLASSIFICATION.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-462-817.

4. THE DEPARTMENT OF COMMERCE HAS PRELIMINARILY DETERMINED THAT
CRITICAL CIRCUMSTANCES EXIST FOR IMPORTS OF SILICON METAL FROM
ALL RUSSIAN EXPORTERS OTHER THAN: 1) ZAO KREMNY/SUAL-KREMNY-URAL
(SKU); OR 2) BRATSK ALUMINUM SMELTER (BRATSK). THE CUSTOMS
SERVICE SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JUNE 22,
2002, WHICH IS 90 DAYS PRIOR TO SEPTEMBER 20, 2002 (THE DATE OF
PUBLICATION OF THE PRELIMINARY DETERMINATION). EFFECTIVE JUNE
22, 2002, CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT
OR THE POSTING OF A BOND EQUAL TO THE MARGIN SHOWN BELOW:

MFR/PRODUCER/EXPORTER CUSTOMS ID NUMBER MARGIN PERCENTAGE

RUSSIA-WIDE A-462-817-000 123.62

5. FOR IMPORTS OF SILICON METAL FROM THE RUSSIAN FEDERATION FROM
THE ENTITIES LISTED BELOW, THE CUSTOMS SERVICE SHALL SUSPEND
LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER SEPTEMBER 20, 2002.
EFFECTIVE SEPTEMBER 20, 2002, CUSTOMS SHALL REQUIRE, FOR SUCH
ENTRIES, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE
MARGINS SHOWN BELOW:

MFR/PRODUCER/EXPORTER CUSTOMS ID NUMBER MARGIN PERCENTAGE
ZAO KREMNY OR SKU A-462-817-001 91.06%

BRATSK A-462-817-002 123.62%

6. IN ACCORDANCE WITH THE LONGSTANDING POLICY OF THE 1985
TREASURY DECISION AND MEMORANDUM OF AGREEMENT (MOA) BETWEEN
COMMERCE AND CUSTOMS, T.D. 85-145, AT THE DISCRETION OF U.S.
CUSTOMS, U.S. CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY
BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC
IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED
ANTIDUMPING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE
EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO
POST A BOND FOR ESTIMATED ANTIDUMPING DUTIES, U.S. CUSTOMS
OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY
BOND PURSUANT TO T.D. 85-145. AS HAS BEEN THE CASE SINCE THE MOA
AND TREASURY DECISION, YOU ARE INSTRUCTED TO ADHERE TO THE
REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE BONDING
REQUIREMENTS.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT CARRIE BLOZY, OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT 202-482-0165.

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.


CATHY SAUCEDA