MESSAGE NO: 4168112 DATE: 06 17 1994
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 351 - 824 A - 570 - 828
A - 462 - 305 A - 307 - 811
- - - -

PERIOD COVERED: 06 17 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: PRELIMINARY DETERMINATION OF SILICOMANGANESE
FROM BRAZIL, PEOPLES REPUBLIC OF CHINA, UKRAINE,
AND VENEZUELA


1. THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ON JUNE 17, 1994, ITS PRELIMINARY DETERMINATION OF
SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY
INVESTIGATION OF SILICOMANGANESE FROM BRAZIL, THE PEOPLE'S
REPUBLIC OF CHINA (PRC), UKRAINE, AND VENEZUELA.

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. SILCOMANGANESE 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 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 THESE CASES HAVE BEEN ASSIGNED
INVESTIGATION NUMBERS:

BRAZIL A-351-824 PRC A-570-828
UKRAINE A-823-805 VENEZUELA A-307-811

THE CUSTOMS IDENTIFICATION NUMBER SHOULD BE USED FOR CUSTOMS
PURPOSES ONLY

UKRAINE A-462-305

4. BECAUSE CRITICAL CIRCUMSTANCES EXIST FOR ALL IMPORTS OF
SILICOMANGANESE FROM THE PRC AND 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WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER MARCH 19,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
MARCH 19, 1994, CUSTOMS SHALL REQUIRE A CASH DEPOSIT OR THE
POSTING OF A BOND EQUAL TO THE MARGINS SHOWN BELOW:


FOR ALL IMPORTS OF SILICOMANGANESE FROM BRAZIL AND VENEZUELA,
THE CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF SUCH PRODUCTS
THAT ARE ENTERED OR WITHDRAWN FROM WAREHOUSE ON OR AFTER JUNE 17,
1994. EFFECTIVE JUNE 17, 1994, CUSTOMS SHALL REQUIRE A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGIN PERCENTAGES
LISTED BELOW:

MANUFACTURER/PRODUCER IDENTIFICATION MARGIN
EXPORTER NUMBER PERCENTAGE

BRAZIL
COMPANHIA PAULISTA
DE FERRO-LIGAS A-351-824-001 37.76
SIBRA-ELETROSIDERURGICA
BRASILEIRA S.A. A-351-824-002 37.76
ALL OTHERS A-351-824-000 37.76

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

UKRAINE
ALL EXPORTERS A-462-305-000 123.02

VENEZUELA
HORNOS ELECTRICOS
DE VENEZUELA, S.A. A-307-811-001 8.31
ALL OTHERS A-307-811-000 8.31

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD CONTACT VIA E-MAIL, THROUGH 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 STEVE ALLEY, OFFICE OF ANTIDUMPING INVESTIGATIONS,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, TELEPHONE (202) 482-5288.

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

NANCY MCTIERNAN