MESSAGE NO: 4207114 DATE: 07 26 1994
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 305 - -
- - - -
- - - -

PERIOD COVERED: 07 23 1994 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: AMENDED PRELIMINARY DETERMINATION OF SILICOMANGANESE
FROM UKRAINE (A462-305) WITH CRITICAL CIRCUMSTANCES


1. THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ON JULY 27, 1994, ITS AMENDED PRELIMINARY DETERMINATION
OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY
INVESTIGATION OF SILICOMANGANESE FROM UKRAINE

2. THE MERCHANDISE COVERED BY THIS INVESTIGATION IS
SILICOMANGANESE, SOMETIMES CALLED FERROSILICON MANGANESE, A
FERROALLOY COMPOSED PRINCIPALLY OF MANGANESE, SILICON, AND IRON,
AND NORMALLY CONTAINING MUCH SMALLER PROPORTIONS OF MINOR
ELEMENTS, SUCH AS CARBON, PHOSPHOROUS AND SULFUR.
SILICOMANGANESE GENERALLY CONTAINS BY WEIGHT NOT LESS THAN 4%
IRON, MORE THAN 30% MANGANESE, MORE THAN 8% SILICON AND NOT MORE
THAN 3% PHOSPHOROUS. ALL COMPOSITIONS, FORMS AND SIZES OF
SILICOMANGANESE ARE INCLUDED WITHIN THE SCOPE OF THESE
INVESTIGATIONS, INCLUDING SILICOMANGANESE SLAG, FINES AND
BRIQUETTES. SILCOMANGANESE IS USED PRIMARILY IN STEEL PRODUCTION
AS A SOURCE OF BOTH SILICON AND MANGANESE. THIS INVESTIGATION
COVERS ALL SILICOMANGANESE, REGARDLESS OF ITS TARIFF
CLASSIFICATION. MOST SILICOMANGANESE IS CURRENTLY CLASSIFIABLE
UNDER SUBHEADING 7202.30.0000 OF THE HARMONIZED TARIFF SCHEDULE
OF THE THE UNITED STATES (HTSUS). SOME SILICOMANGANESE MAY ALSO
BE CLASSIFIABLE UNDER HTS SUBHEADING 7202.99.5040.

ALTHOUGH THE HTSUS SUBHEADING IS PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION REMAINS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBERS A-823-805.

THE CUSTOMS IDENTIFICATION NUMBER SHOULD BE USED FOR CUSTOMS
PURPOSES ONLY A-462-305

4. ON JUNE 20, 1994, AND JULY 8, 1994, PETITIONERS ALLEGED
MINISTERIAL ERRORS IN THE DEPARTMENTS PRELIMINARY DETERMINATION
CALCULATION. THE DEPARTMENT AGREES IN PART AND IN ACCORDANCE
WITH PROCEDURES SET FORTH IN THE PROPOSED REGULATIONS WE ARE
AMENDING THE PRELIMINARY DUMPING MARGIN TO THE CORRECTED MARGIN
SHOWN BELOW.

5. BECAUSE CRITICAL CIRCUMSTANCES EXIST FOR ALL IMPORTS OF
SILICOMANGANESE FROM UKRAINE, THE CUSTOMS SERVICE SHALL SUSPEND
LIQUIDATION OF SUCH PRODUCTS THAT ARE ENTERED OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION ON OR AFTER MARCH 19,1994, WHICH IS 90
DAYS PRIOR TO THE DATE OF PUBLICATION OF THE PRELIMINARY
DETERMINATION IN THE FEDERAL REGISTER. EFFECTIVE JULY 27, 1994,
CUSTOMS SHALL REQUIRE A CASH DEPOSIT OR THE POSTING OF A BOND
EQUAL TO THE MARGIN SHOWN BELOW:


MANUFACTURER/PRODUCER IDENTIFICATION MARGIN
EXPORTER NUMBER PERCENTAGE

UKRAINE
ALL EXPORTERS A-462-305-000 163.00

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THE REGIONAL
ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, TRADE COMPLIANCE
DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH, USING
ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT GREGORY THOMPSON OR DONNA BERG, OFFICE OF
ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, TELEPHONE
(202) 482-2336 OR (202) 482-0114, RESPECTIVELY.

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

NANCY MCTIERNAN