MESSAGE NO: 5355113 DATE: 12 21 1994
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 351 - 824 A - 570 - 828
- - - -
- - - -

PERIOD COVERED: 12 22 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: ANTIDUMPING ORDER ON SILICOMANGANESE FM BRAZIL
(A-351-824) & PRC (A-570-828)


1. THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ON DECEMBER 22, 1994, ITS ORDER IN THE ANTIDUMPING DUTY
INVESTIGATIONS OF SILICOMANGANESE FROM BRAZIL AND THE PEOPLE'S
REPUBLIC OF CHINA (PRC).

2. THE MERCHANDISE COVERED BY THESE INVESTIGATIONS 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. SILICOMANGANESE IS USED PRIMARILY IN STEEL
PRODUCTION AS A SOURCE OF BOTH SILICON AND MANGANESE. THESE
INVESTIGATIONS COVER ALL SILICOMANGANESE, REGARDLESS OF ITS
TARIFF CLASSIFICATION. MOST SILICOMANGANESE IS CURRENTLY
CLASSIFIABLE UNDER SUBHEADING 7202.30.0000 OF THE HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES (HTSUS). SOME
SILICOMANGANESE MAY ALSO BE CLASSIFIABLE UNDER HTSUS SUBHEADING
7202.99.5040.

ALTHOUGH THE HTSUS SUBHEADING IS PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE OF THESE
PROCEEDINGS IS DISPOSITIVE.




3. FOR FURTHER REPORTING PURPOSES, THESE CASES HAVE BEEN
ASSIGNED THE FOLLOWING CASE NUMBERS:

BRAZIL A-351-824 PRC A-570-828

4. THE INTERNATIONAL TRADE COMMISSION (ITC) NOTIFIED THE
DEPARTMENT THAT IMPORTS OF SILICOMANGANESE FROM THE PRC THREATEN
MATERIAL INJURY TO THE U.S. INDUSTRY. THE ITC DID NOT
DETERMINE, BUT FOR THE SUSPENSION OF LIQUIDATION OF ENTRY
SUMMARIES OF SILICOMANGANESE FROM THE PRC, THE DOMESTIC INDUSTRY
WOULD HAVE BEEN MATERIALLY INJURED. THEREFORE, THE CUSTOMS
SERVICE SHALL TERMINATE SUSPENSION AND REFUND ANY CASH DEPOSIT
AND RELEASE ANY BOND OR OTHER SECURITY OF SILICOMANGANESE FROM
THE PRC FOR ENTRY SUMMARIES, ENTERED OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION PRIOR TO DECEMBER 14, 1994, THE DATE OF
PUBLICATION OF THE ITC'S FINAL DETERMINATION IN THE FEDERAL
REGISTER.

INTEREST PROVISION OF SECTION 778 OF THE TARIFF ACT OF 1930 DO
NOT APPLY.

THE CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION FOR SILICOMANGANESE
FROM THE PRC WITH RESPECT TO ENTRY SUMMARIES ENTERED OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OF AFTER DECEMBER 14, 1994,
THE DATE OF PUBLICATION OF THE ITC'S FINAL DETERMINATION IN THE
FEDERAL REGISTER. EFFECTIVE DECEMBER 22, 1994, THE CUSTOMS
SERVICE SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE MARGINS BELOW.

THE U.S. CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF ALL ENTRY
SUMMARIES OF SILICOMANGANESE FROM BRAZIL WHICH ARE ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JUNE 17,
1994, AND SHALL REQUIRE A CASH DEPOSIT, EFFECTIVE DECEMBER 22,
1994, FOR SUCH ENTRY SUMMARIES OF THE MERCHANDISE IN THE AMOUNT
BELOW.

MANUFACTURERS/PRODUCERS/ CUSTOMS ID MARGIN/
EXPORTERS NUMBERS PERCENT

BRAZIL
COMPANHIA PAULISTA
DE FERRO-LIGAS A-351-824-001 64.93
SIBRA-ELETROSIDERURGICA
BRASILEIRA S.A. A-351-824-002 64.93
ALL OTHERS A-351-824-000 17.60

PEOPLE'S REPUBLIC OF CHINA
ALL EXPORTERS A-570-828-000 150.00




5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE REGIONAL AD/CVD
COORDINATOR, TRADE COMPLIANCE DIVISION, AD/CVD BRANCH, USING
ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT JOHN BRINKMANN OR MICHELLE FREDERICK,
OFFICE OF ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
TELEPHONE (202) 482-5288 OR (202) 482-0186, RESPECTIVELY.

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





NANCY MCTIERNAN