MESSAGE NO: 3047111 DATE: 02 16 1993
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 806 A - 351 - 806
A - 357 - 804 - -
- - - -

PERIOD COVERED: 02 03 1993 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: FINAL SCOPE RULING ON SILICON METAL FROM THE PEOPLE'S
REPUBLIC OF CHINA, BRAZIL, AND ARGENTINA
(020393 IS DATE DOC ISSUED FINAL SCOPE RULING)

1. ON FEBRUARY 3, 1993, IN RESPONSE TO A REQUEST BY
PETITIONERS, THE DEPARTMENT OF COMMERCE ISSUED A FINAL SCOPE
RULING THAT SILICON METAL CONTAINING BETWEEN 89 AND 96 PERCENT
SILICON BY WEIGHT DUE TO A HIGHER ALUMINUM CONTENT IS WITHIN THE
SCOPE OF THE ANTIDUMPING DUTY ORDERS.

2. BASED ON AN ANALYSIS OF THE COMMENTS RECEIVED, THE
DEPARTMENT OF COMMERCE DETERMINED THAT SILICON METAL CONTAINING A
LOWER SILICON CONTENT (BETWEEN 89 AND 96 PERCENT SILICON BY
WEIGHT) DUE TO A HIGHER ALUMINUM CONTENT IS THE SAME CLASS OR
KIND OF MERCHANDISE AS SILICON METAL DESCRIBED IN THE ORIGINAL
LESS THAN FAIR VALUE INVESTIGATION. THEREFORE, SUCH MATERIAL IS
WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDERS ON SILICON METAL
FROM THE PRC, BRAZIL, AND ARGENTINA.

3. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF SILICON METAL
CONTAINING BETWEEN 96 TO 99.99 PERCENT SILICON BY WEIGHT. IN
ADDITION, SUSPEND LIQUIDATION OF ENTRIES OF SILICON METAL WITH A
HIGHER ALUMINUM CONTENT WHICH YIELDS SILICON METAL CONTAINING
BETWEEN 89 TO 96 PERCENT SILICON BY WEIGHT, SUBJECT TO THE
ANTIDUMPING DUTY ORDERS COVERING SILICON METAL FROM THE PRC,
BRAZIL AND ARGENTINA.


4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE IMPORT SPECIALIST DIVISION, OTHER
AGENCY BRANCH, BY E-MAIL ATTRIBUTE HQ OAB. THE IMPORTING PUBLIC
AND OTHER INTERESTED PARTIES SHOULD CONTACT MELISSA SKINNER AT
(202) 482-4851 OR KIMBERLEY HUFFMAN AT (202) 482-0145, OF THE
OFFICE OF ANTIDUMPING COMPLIANCE, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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



NANCY MCTIERNAN