Certain Cut-to-Length Carbon Steel Plate from Romania: Notice of Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 12651-12654 [E5-1127]
Download as PDF
Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices
we corrected a programming error to
calculate the margin based on CIL’s
reported further manufacturing costs.
be 11.40 percent2, the ‘‘All Others’’ rate
established in the less–than-fair–value
investigation. These deposit
requirements shall remain in effect until
Final Results of Review
publication of the final results of the
next administrative review.
As a result of our review, we
This notice also serves as a final
determine that the following weighted–
reminder to importers of their
average margin exists for the period of
responsibility under 19 CFR 351.402 (f)
April 10, 2002, through September 30,
to file a certificate regarding the
2003:
reimbursement of antidumping duties
prior to liquidation of the relevant
Producer Weighted–
Margin (Percentage)
Average
entries during this review period.
Failure to comply with this requirement
CIL ..............................
3.61 could result in the Secretary’s
presumption that reimbursement of
Assessment
antidumping duties occurred and the
subsequent increase in antidumping
The Department will determine, and
duties by the amount of antidumping
CBP shall assess, antidumping duties on duties reimbursed.
all appropriate entries, pursuant to 19
This notice also is the only reminder
CFR 351.212(b). The Department
to parties subject to administrative
calculated importer–specific duty
protective order (APO) of their
assessment rates on the basis of the ratio
responsibility concerning the return or
of the total amount of antidumping
destruction of proprietary information
duties calculated for the examined sales
disclosed under APO in accordance
to the total entered value of the
with 19 CFR 351.305. Timely written
examined sales for that importer. Where notification of the return/destruction of
the assessment rate is above de minimis, APO materials or conversion to judicial
we will instruct CBP to assess duties on protective order is hereby requested.
all entries of subject merchandise by
Failure to comply with the regulations
that importer. The Department will
and the terms of an APO is a
issue appropriate assessment
sanctionable violation.
instructions directly to CBP within 15
We are issuing and publishing these
days of publication of these final results results and notice in accordance with
of review.
sections 751(a)(1) and 777(i)(1) of the
Act.
Cash Deposits
Furthermore, the following deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of carbon and certain alloy steel wire
rod from Trinidad and Tobago entered,
or withdrawn from warehouse, for
consumption on or after the publication
date of these final results, as provided
by section 751(a) of the Tariff Act of
1930, as amended (the Act): (1) For CIL,
the cash deposit rate will be the rate
listed above; (2) for merchandise
exported by producers or exporters not
covered in this review but covered in
the investigation, the cash deposit rate
will continue to be the company–
specific rate from the final
determination; (3) if the exporter is not
a firm covered in this review or the
investigation, but the producer is, the
cash deposit rate will be that established
for the producer of the merchandise in
these final results of review or in the
final determination; and (4) if neither
the exporter nor the producer is a firm
covered in this review or the
investigation, the cash deposit rate will
VerDate jul<14>2003
15:31 Mar 14, 2005
Jkt 205001
Dated: March 8, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
APPENDIX
Comment 1: Use of Home Market GAAP
Comment 2: Matching Hierarchy for
Similar Products
Comment 3: Determination of Payment
Dates
Comment 4: CEP Offset Adjustment and
LOT Analysis
Comment 5: Classification of Expenses
Incurred by U.S. Affiliate
Comment 6: Calculation of Imputed
Expenses for CEP Sales
Comment 7: Treatment of Major Inputs
from Affiliated Suppliers
Comment 8: Ministerial Error in
Calculating CEP Profit
[FR Doc. E5–1128 Filed 3–14–05; 8:45 am]
BILLING CODE 3510–DS–S
2 In the Preliminary Results, we inadvertently
used the preliminary ‘‘All Others’’ rate from the
investigation.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
12651
DEPARTMENT OF COMMERCE
International Trade Administration
A–485–803
Certain Cut–to-Length Carbon Steel
Plate from Romania: Notice of Final
Results and Final Partial Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce
SUMMARY: On September 7, 2004, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of its administrative review of
the antidumping duty order on certain
cut–to-length carbon steel plate from
Romania. See Certain Cut–to-Length
Carbon Steel Plate From Romania:
Preliminary Results of the Antidumping
Duty Administrative Review and Notice
of Intent To Rescind in Part, 69 FR
54108 (September 7, 2004)
(‘‘Preliminary Results’’). This review
covers producer Ispat Sidex, S.A.
(‘‘Sidex’’) and exporter
Metalexportimport, S.A. (‘‘MEI’’). The
period of review (‘‘POR’’) is August 1,
2002, through July 31, 2003. We are
rescinding the review with respect to
CSR SA Resita (‘‘CSR’’) and MINMET,
S.A. (‘‘MINMET’’) because CSR and
MINMET did not ship subject
merchandise to the United States during
the POR. We invited parties to comment
on our Preliminary Results. Based on
our analysis of comments received, we
have made changes in the margin
calculation. Therefore, the final results
differ from the preliminary results. The
final results are listed below in the
‘‘Final Results of Review’’ section.
EFFECTIVE DATE: March 15, 2005.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander at (202) 482–0182 or
Abdelali Elouaradia at (202) 482–1374,
AD/CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Ave, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 7, 2004, we published
in the Federal Register the preliminary
results of this antidumping review on
September 7, 2004. See Preliminary
Results.
On September 17, 2004, the
Department placed Egyptian import
statistics on the record from the
Egyptian Central Agency for Public
Mobilization and Statistics (CAPMAS),
the Egyptian government’s official
E:\FR\FM\15MRN1.SGM
15MRN1
12652
Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices
statistical agency. On October 8, 2004,
the International Steel Group, Inc. (ISG)
and Sidex submitted proposed surrogate
values. On October 18, 2004, ISG
submitted publicly available factors data
to rebut, clarify or correct the surrogate
value information filed by Sidex on
October 8, 2004. On October 28, 2004,
Sidex filed a letter stating that it
inadvertently bracketed page 3 of
Exhibit 16 of its October 8, 2004,
surrogate value submission and it filed
this page without brackets.
We invited parties to comment on our
Preliminary Results. We received case
briefs from domestic interested parties
IPSCO Steel Inc. (IPSCO) on October 7,
2004. Also, we received case briefs from
domestic interested party ISG and
respondent Sidex on October 18, 2004.
We received rebuttal briefs from IPSCO
and Sidex (and Sidex’s U.S. affiliate
Ispat North America, Inc.) on October
25, 2004. No interested party requested
a hearing.
On January 5, 2005, we invited
comments from interested parties on the
calculation of the ‘‘all others’’ rate and
the calculation of the cash deposit for
the exporter and producer. On January
11, 2005, we received comments from
Sidex, IPSCO, and Nucor on the cash
deposit rates and the ‘‘all others’’ rate.
On January 14, 2005, we received
rebuttal comments from Nucor and
IPSCO to Sidex’s comments.
On January 11, 2005, the Department
published in the Federal Register a
notice extending the final results of the
administrative review of the
antidumping duty order on certain cut–
to-length carbon steel plate from
Romania by 30 days until no later than
February 4, 2005. See Notice of
Extension of Time Limit for the Final
Results of Antidumping Duty
Administrative Review: Certain Cut–toLength Carbon Steel Plate From
Romania, 70 FR 1867 (January 11,
2005).
On January 31, 2005, ISG, the only
interested party which requested this
review, withdrew its request for review
with respect to Sidex and MEI but not
with respect to CSR and MINMET. Also,
on January 31, 2005, Sidex requested
that the Department rescind the
administrative review of Sidex and MEI.
On February 1, 2005, and February 2,
2005, IPSCO and Nucor, respectively,
none of which requested this review,
stated that the Department should deny
ISG’s and Sidex’s request to rescind this
administrative review. On February 2,
2005, Sidex rebutted IPSCO’s February
1, 2005, comments.
On February 11, 2005, the Department
published in the Federal Register a
notice extending the final results of the
VerDate jul<14>2003
15:31 Mar 14, 2005
Jkt 205001
administrative review of the
antidumping duty order on certain cut–
to-length carbon steel plate from
Romania by 30 days until no later than
March 7, 2005. See Notice of Extension
of Time Limit for the Final Results of
Antidumping Duty Administrative
Review: Certain Cut–to-Length Carbon
Steel Plate From Romania, 70 FR 7232
(February 11, 2005).
On February 7, 2005, the Department
requested comments on whether it is
appropriate for the Department to
rescind this review. On February 16,
2005, we received comments from
Sidex, IPSCO, Nucor, U.S. Steel and the
United Steelworkers of America
(‘‘USWA’’). We received no comments
from ISG. On February 22, 2005, we
received rebuttals comments from
Sidex, IPSCO, Nucor, and U.S. Steel.
For a summarization of the comments
and the Department’s position on this
issue, please see Comment 15 of the
Department’s ‘‘Issues and
Memorandum’’ from Barbara E. Tillman,
Acting Deputy Assistant Secretary,
Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary,
Import Administration, dated March 7,
2005 (‘‘Decision Memorandum’’).
Partial Rescission
In our Preliminary Results, we
announced our preliminary
determination to rescind the
administrative review with respect to
CSR and MINMET because these
companies had no entries of certain cut–
to-length carbon steel plate from
Romania during the POR. See
Preliminary Results. We have received
no new information contradicting our
preliminary intent to rescind. Because
the record evidence indicates that CSR
and MINMET did not have sales or
shipments of subject merchandise
during the POR, in accordance with 19
CFR 351.213(d)(3) and consistent with
our practice, we are rescinding this
review for CSR and MINMET. See e.g.,
Polychloroprene Rubber From Japan:
Notice of Rescission of Antidumping
Duty Administrative Review, 66 FR
45005 (August 27, 2001).
Scope of the Order
The products under the order include
hot–rolled carbon steel universal mill
plates (i.e., flat–rolled products rolled
on four faces or in a closed box pass, of
a width exceeding 150 millimeters but
not exceeding 1,250 millimeters and of
a thickness of not less than 4
millimeters, not in coil and without
patterns in relief), of rectangular shape,
neither clad, plated nor coated with
metal, whether or not painted,
varnished, or coated with plastics or
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
other nonmetallic substances; and
certain hot–rolled carbon steel flat–
rolled products in straight lengths, of
rectangular shape, hot rolled, neither
clad, plated, nor coated with metal,
whether or not painted, varnished, or
coated with plastics or other
nonmetallic substances, 4.75
millimeters or more in thickness and of
a width which exceeds 150 millimeters
and measures at least twice the
thickness, as currently classifiable in the
HTS under item numbers 7208.31.0000,
7208.32.0000, 7208.33.1000,
7208.33.5000, 7208.41.0000,
7208.42.0000, 7208.43.0000,
7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.11.0000,
7211.12.0000, 7211.21.0000,
7211.22.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, and
7212.50.0000. Included in this review
are flat–rolled products of
nonrectangular cross-section where
such cross-section is achieved
subsequent to the rolling process (i.e.,
products which have been ≥worked
after rolling≥)--for example, products
which have been bevelled or rounded at
the edges. Excluded from this review is
grade X–70 plate. These HTS item
numbers are provided for convenience
and customs purposes. The written
description remains dispositive.
Separate Rates
MEI and Sidex have requested
separate, company–specific
antidumping duty rates in this review.
In the Preliminary Results, we found
that MEI and Sidex had met the criteria
for the application of separate
antidumping duty rates. See Preliminary
Results. We have not received any other
information since the preliminary
results which would warrant
reconsideration of our separate rates
determination with respect to these
companies. We therefore determine that
MEI and Sidex should be assigned
individual dumping margins in this
administrative review.
Analysis of Comments Received
The Department has received
comments from Sidex and domestic
interested parties ISG, USWA, Nucor,
U.S. Steel, and IPSCO, all of which are
addressed in the Decision
Memorandum, which is hereby adopted
by this notice. Attached to this notice as
an Appendix is a list of the issues that
the parties have raised and to which we
have responded in the Decision
Memorandum. Parties can find a
complete discussion of all issues raised
in this review and the corresponding
recommendations in this public
memorandum, which is on file in the
E:\FR\FM\15MRN1.SGM
15MRN1
12653
Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices
Department’s Central Records Unit
(‘‘CRU’’), located at 14th Street and
Constitution Avenue, NW, Room B–099.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the Import Administration
website at https://ia.ita.doc.gov/ under
the heading Federal Register Notices.
The paper copy and electronic version
of the Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made the following
changes for the final results:
1. For inputs coking coal and iron ore
pellets, we inadvertently did not
include domestic freight costs in the
Preliminary Results. For the final
results, we have added domestic freight
costs for these two inputs. See Decision
Memorandum at Comment 8.
2. For methane gas, we are using a
different surrogate value for the final
results. For coke gas and furnace gas, we
are now using the BTU heat content
methodology. See Decision
Memorandum at Comments 5 and 6.
3. We are using more contemporaneous
POR–specific data from Egypt for the
following factors: (1) Manganese ore; (2)
iron scrap; (3) aluminum; (4) lime; (5)
injected coal powder; (6) ammonium
sulfate; and (7) crude benzene. See
Decision Memorandum at Comment 11.
4. In September 2004, the Department
issued updated wage rates based on
2002 income data. As a result of these
updated wage rates for selected NME
countries, the hourly wage rate for
Romania increased to $1.33. Because
this wage rate is more contemporaneous
than the wage rate used in our
Preliminary Results, the Department is
using this updated wage rate for the
final results. See also https://
www.ia.ita.doc.gov.
5. We are now using Alexandria
National Iron and Steel Co.’s financial
statement for our financial ratios, with
an adjustment to include non–
depreciation overhead from PT Jaya Pari
Steel Tbk. (‘‘Jaya Pari’’) for the final
results. See Decision Memorandum at
Comment 10. The updated financial
ratios are as follows:
28.64% = Factory Overhead Ratio
(includes non–depreciation
overhead ratio from Jaya Pari)
18.96% = SG&A Ratio (includes
interest expenses)
0.79% = Profit Ratio
See Attachment 7 of the Department’s
Analysis Memorandum for the Final
Results of the Antidumping Duty
Administrative Review of the
Antidumping Duty Order on Certain
Cut–to-Length Carbon Steel Plate from
Romania, dated March 7, 2005 (‘‘Final
Analysis Memorandum’’) for these
calculations.
Manufacturer/Exporter
Assessment Rates
Pursuant to 19 CFR 351.212(b), the
Department calculates an assessment
rate for each importer of the subject
merchandise. Upon issuance of the final
results of this review, if any importer–
specific assessment rates calculated in
the final results are above de minimis
(i.e., at or above 0.50 percent), the
Department will issue appraisement
instructions directly to the U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on appropriate
entries by applying the assessment rate
to the entered value of the merchandise.
For assessment purposes for MEI and
Sidex, we calculated importer–specific
assessment rates for the subject
VerDate jul<14>2003
15:31 Mar 14, 2005
Jkt 205001
As a result of Romania’s transition
from a non–market economy to a market
economy, an issue arose in this
administrative review regarding the
calculation of an ‘‘all others’’ rate. For
the discussion of the Department’s
decision regarding the all–others rate,
see the accompanying Decision
Memorandum at Comment 2.
Final Results of Review
We note that although MEI was the
exporter for all of Sidex’s sales, because
Sidex provided information that it had
knowledge that the subject merchandise
was destined for the United States, we
have calculated a margin for both Sidex
as the producer and MEI as the exporter.
We determine that the following margin
is the weighted–average antidumping
duty margin of all sales made in both
the NME and ME portions of the POR.
Cash–Deposit Requirements
The following cash–deposit rates will
be effective upon publication of the
final results of this review for all
shipments of certain cut–to-length
carbon steel plate from Romania
entered, or withdrawn from warehouse,
for consumption on or after publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For subject
merchandise exported by MEI or Sidex,
the deposit rate will be the rate
indicated above; (2) for previously
Frm 00009
Fmt 4703
Sfmt 4703
Margin (percent)
08/01/02 - 07/30/030
08/01/02 - 07/30/03
merchandise by aggregating the
dumping duties due for all U.S. sales to
each importer and dividing the amount
by the total quantity of the sales to that
importer. We will direct CBP, within 15
days of publication of these final results
of review, to assess the resulting rate,
which is in dollars per metric ton,
against the total quantity for the subject
merchandise on each of MEI’s and
Sidex’s importer’s/customer’s entries
during the POR.
PO 00000
‘‘All Others’’ Rate
POR
Ispat Sidex, ..........................................................................................................
Metalexportimport, S.A. .......................................................................................
For details on the calculation of the
antidumping duty weighted–average
margins for Sidex and MEI, see the
Decision Memorandum and the Final
Analysis Memorandum. A public
version of the analysis memorandum is
on file in the CRU.
6. We are not using Sidex’s market
economy purchases of iron ore powder
from India because we have a
reasonable basis to believe or suspect
that the country benefits from broadly
available non–industry specific export
subsidies. As a result, we are also
excluding all Indian export prices in our
valuation of surrogate values, where
applicable. See Decision Memorandum
at Comment 4.
13.50
13.50
reviewed or investigated companies not
covered in this review, the cash deposit
rate will continue to be the company–
specific rate published for the most
recent period; (3) if the exporter is not
a firm covered in this review, a prior
review, or the original less than fair
value (LTFV) investigation (see Final
Determination of Sales at Less Than
Fair Value: Certain Cut–to-Length
Carbon Steel Plate from Romania, 58 FR
37209 (July 9, 1993)), but the
manufacturer is, the cash deposit rate
will be the rate established in the most
recent period for the manufacturer of
the merchandise; and, (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review
conducted by the Department, the cash
deposit rate will be 75.04 percent,
which previously was the Romania–
wide rate. See the accompanying
Decision Memorandum at Comment 2.
These deposit requirements, when
imposed, shall remain in effect until
E:\FR\FM\15MRN1.SGM
15MRN1
12654
Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices
publication of the final results of the
next administrative review.
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under section 351.402(f)
of the Department’s regulations to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during these review periods. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
We are issuing and publishing this
determination and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: March 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
APPENDIX
List of Comments and Issues in the
Decision Memorandum
Comment 1: Cash Deposit Rates
Comment 2: ‘‘All Others’’ Rate
Comment 3: Export Prices as Surrogate
Value
Comment 4: Use of Market Economy
Price of Iron Ore Powder
Comment 5: Methane Gas Surrogate
Value
Comment 6: Coke Gas and Furnace Gas
Surrogate Values
Comment 7: Surrogate Value for
Wooden Boards
Comment 8: Romania Domestic Freight
Costs
Comment 9: Updated Surrogate Wage
Data
Comment 10: Surrogate Financial Ratios
Comment 11: Aberrational Surrogate
Values
Comment 12: Value of Recycled Iron
Scrap
Comment 13: Offsetting for Negative
Margins
Comment 14: Barge Surrogate Value
Comment 15: Whether to Rescind this
Review
[FR Doc. E5–1127 Filed 3–14–05; 8:45 am]
Billing Code: 3510–DS–S
VerDate jul<14>2003
15:31 Mar 14, 2005
Jkt 205001
Specifications:
Withdrawal of Two Commercial
Availability Petitions under the United
States - Caribbean Basin Trade
Partnership Act (CBTPA)
Petitioner Style
No:
Fiber Content:
Weight:
Width:
Thread Count:
March 11, 2005.
The Committee for the
Implementation of Textile Agreements
(CITA)
AGENCY:
The petitioner has notified CITA
that it is withdrawing two petitions it
submitted for determinations that
certain 100 percent cotton, 4-thread
twill weave, flannel fabrics and certain
100 percent cotton, double faced sateen
weave, flannel fabrics cannot be
supplied by the domestic industry in
commercial quantities in a timely
manner under the CBTPA.
Yarn Number:
ACTION:
SUMMARY: On March 3, 2005, the
Chairman of CITA received two
petitions from Sandler, Travis &
Rosenberg, P.A., on behalf of B*W*A of
New York, New York, alleging that
certain, 100 percent cotton, 4-thread
twill weave, flannel fabrics, of yarndyed, ring spun and plied yarns, and
certain 100 percent cotton, double faced
sateen weave, flannel fabrics, of yarndyed, single yarns, of certain
specifications, cannot be supplied by
the domestic industry in commercial
quantities in a timely manner. The
petitions requested that men’s and boys’
woven cotton shirts and woven cotton
shirts and blouses, respectively, of such
fabrics assembled in one or more
CBTPA beneficiary countries be eligible
for preferential treatment under the
CBTPA. On March 9, 2005, CITA
published notices in the Federal
Register (70 FR 11621 and 70 FR 11620)
soliciting public comments on these
petitions, in particular with regard to
whether these fabrics can be supplied
by the domestic industry in commercial
quantities in a timely manner.
On March 9, 2005, CITA received a
letter from Sandler, Travis & Rosenberg,
P.A. withdrawing the petitions. The
specifications of these fabrics are
repeated below. The petitioner states
that the weight of the fabrics was
incorrectly stated in both petitions.
FOR FURTHER INFORMATION CONTACT:
Janet E. Heinzen, International Trade
Specialist, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-3400.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Weave:
Finish:
Petitioner Style
No:
Fiber Content:
Weight:
Width:
Thread Count:
Yarn Number:
Weave:
Finish:
153, 154, 155, 156,
W3004
100% Cotton
168 - 172 g/m2
142 - 145 centimeters
25 -26 warp ends per
centimeter; 23-24 filling
pick per centimeter;
total 48-50 threads per
square centimeter
35/2 - 36/2 metric warp
and filling, ring spun;
Overall average yarn
number: 32-34 metric
4-thread twill
Of two or more yarns of
different colors in the
warp and filling, napped
on both sides
5225
100% Cotton
315-320 g/m2
148 - 152 centimeters
33 - 35 warp ends per
centimeter; 57 - 59 filling picks per centimeter; total 90 - 94
threads per square centimeter
50 - 52 metric warp; 23 25 metric filling; overall
average yarn number:
28 - 30 metric
Double faced irregular 3 X
1 sateen
Printed on one side on
yarns of different colors;
napped on both sides;
Sanforized
James C. Leonard III,
Chairman, Committee for the Implementation
of Textile Agreements.
[FR Doc.05–5205 Filed 3–11–05; 2:16 pm]
BILLING CODE 3510–DS–S
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Request for Public Comments on
Commercial Availability Petition under
the United States - Caribbean Basin
Trade Partnership Act (CBTPA)
March 11, 2005.
The Committee for the
Implementation of Textile Agreements
(CITA)
AGENCY:
Request for public comments
concerning a petition for a
determination that certain 100 percent
cotton, 4-thread twill and herringbone
twill weave, flannel fabrics cannot be
supplied by the domestic industry in
ACTION:
E:\FR\FM\15MRN1.SGM
15MRN1
Agencies
[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12651-12654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1127]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-485-803
Certain Cut-to-Length Carbon Steel Plate from Romania: Notice of
Final Results and Final Partial Rescission of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: On September 7, 2004, the Department of Commerce (``the
Department'') published the preliminary results of its administrative
review of the antidumping duty order on certain cut-to-length carbon
steel plate from Romania. See Certain Cut-to-Length Carbon Steel Plate
From Romania: Preliminary Results of the Antidumping Duty
Administrative Review and Notice of Intent To Rescind in Part, 69 FR
54108 (September 7, 2004) (``Preliminary Results''). This review covers
producer Ispat Sidex, S.A. (``Sidex'') and exporter Metalexportimport,
S.A. (``MEI''). The period of review (``POR'') is August 1, 2002,
through July 31, 2003. We are rescinding the review with respect to CSR
SA Resita (``CSR'') and MINMET, S.A. (``MINMET'') because CSR and
MINMET did not ship subject merchandise to the United States during the
POR. We invited parties to comment on our Preliminary Results. Based on
our analysis of comments received, we have made changes in the margin
calculation. Therefore, the final results differ from the preliminary
results. The final results are listed below in the ``Final Results of
Review'' section.
EFFECTIVE DATE: March 15, 2005.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander at (202) 482-0182 or
Abdelali Elouaradia at (202) 482-1374, AD/CVD Operations, Office 7,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Ave, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2004, we published in the Federal Register the
preliminary results of this antidumping review on September 7, 2004.
See Preliminary Results.
On September 17, 2004, the Department placed Egyptian import
statistics on the record from the Egyptian Central Agency for Public
Mobilization and Statistics (CAPMAS), the Egyptian government's
official
[[Page 12652]]
statistical agency. On October 8, 2004, the International Steel Group,
Inc. (ISG) and Sidex submitted proposed surrogate values. On October
18, 2004, ISG submitted publicly available factors data to rebut,
clarify or correct the surrogate value information filed by Sidex on
October 8, 2004. On October 28, 2004, Sidex filed a letter stating that
it inadvertently bracketed page 3 of Exhibit 16 of its October 8, 2004,
surrogate value submission and it filed this page without brackets.
We invited parties to comment on our Preliminary Results. We
received case briefs from domestic interested parties IPSCO Steel Inc.
(IPSCO) on October 7, 2004. Also, we received case briefs from domestic
interested party ISG and respondent Sidex on October 18, 2004. We
received rebuttal briefs from IPSCO and Sidex (and Sidex's U.S.
affiliate Ispat North America, Inc.) on October 25, 2004. No interested
party requested a hearing.
On January 5, 2005, we invited comments from interested parties on
the calculation of the ``all others'' rate and the calculation of the
cash deposit for the exporter and producer. On January 11, 2005, we
received comments from Sidex, IPSCO, and Nucor on the cash deposit
rates and the ``all others'' rate. On January 14, 2005, we received
rebuttal comments from Nucor and IPSCO to Sidex's comments.
On January 11, 2005, the Department published in the Federal
Register a notice extending the final results of the administrative
review of the antidumping duty order on certain cut-to-length carbon
steel plate from Romania by 30 days until no later than February 4,
2005. See Notice of Extension of Time Limit for the Final Results of
Antidumping Duty Administrative Review: Certain Cut-to-Length Carbon
Steel Plate From Romania, 70 FR 1867 (January 11, 2005).
On January 31, 2005, ISG, the only interested party which requested
this review, withdrew its request for review with respect to Sidex and
MEI but not with respect to CSR and MINMET. Also, on January 31, 2005,
Sidex requested that the Department rescind the administrative review
of Sidex and MEI. On February 1, 2005, and February 2, 2005, IPSCO and
Nucor, respectively, none of which requested this review, stated that
the Department should deny ISG's and Sidex's request to rescind this
administrative review. On February 2, 2005, Sidex rebutted IPSCO's
February 1, 2005, comments.
On February 11, 2005, the Department published in the Federal
Register a notice extending the final results of the administrative
review of the antidumping duty order on certain cut-to-length carbon
steel plate from Romania by 30 days until no later than March 7, 2005.
See Notice of Extension of Time Limit for the Final Results of
Antidumping Duty Administrative Review: Certain Cut-to-Length Carbon
Steel Plate From Romania, 70 FR 7232 (February 11, 2005).
On February 7, 2005, the Department requested comments on whether
it is appropriate for the Department to rescind this review. On
February 16, 2005, we received comments from Sidex, IPSCO, Nucor, U.S.
Steel and the United Steelworkers of America (``USWA''). We received no
comments from ISG. On February 22, 2005, we received rebuttals comments
from Sidex, IPSCO, Nucor, and U.S. Steel. For a summarization of the
comments and the Department's position on this issue, please see
Comment 15 of the Department's ``Issues and Memorandum'' from Barbara
E. Tillman, Acting Deputy Assistant Secretary, Import Administration,
to Joseph A. Spetrini, Acting Assistant Secretary, Import
Administration, dated March 7, 2005 (``Decision Memorandum'').
Partial Rescission
In our Preliminary Results, we announced our preliminary
determination to rescind the administrative review with respect to CSR
and MINMET because these companies had no entries of certain cut-to-
length carbon steel plate from Romania during the POR. See Preliminary
Results. We have received no new information contradicting our
preliminary intent to rescind. Because the record evidence indicates
that CSR and MINMET did not have sales or shipments of subject
merchandise during the POR, in accordance with 19 CFR 351.213(d)(3) and
consistent with our practice, we are rescinding this review for CSR and
MINMET. See e.g., Polychloroprene Rubber From Japan: Notice of
Rescission of Antidumping Duty Administrative Review, 66 FR 45005
(August 27, 2001).
Scope of the Order
The products under the order include hot-rolled carbon steel
universal mill plates (i.e., flat-rolled products rolled on four faces
or in a closed box pass, of a width exceeding 150 millimeters but not
exceeding 1,250 millimeters and of a thickness of not less than 4
millimeters, not in coil and without patterns in relief), of
rectangular shape, neither clad, plated nor coated with metal, whether
or not painted, varnished, or coated with plastics or other nonmetallic
substances; and certain hot-rolled carbon steel flat-rolled products in
straight lengths, of rectangular shape, hot rolled, neither clad,
plated, nor coated with metal, whether or not painted, varnished, or
coated with plastics or other nonmetallic substances, 4.75 millimeters
or more in thickness and of a width which exceeds 150 millimeters and
measures at least twice the thickness, as currently classifiable in the
HTS under item numbers 7208.31.0000, 7208.32.0000, 7208.33.1000,
7208.33.5000, 7208.41.0000, 7208.42.0000, 7208.43.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.11.0000, 7211.12.0000, 7211.21.0000,
7211.22.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and
7212.50.0000. Included in this review are flat-rolled products of
nonrectangular cross-section where such cross-section is achieved
subsequent to the rolling process (i.e., products which have been
worked after rolling)--for example, products
which have been bevelled or rounded at the edges. Excluded from this
review is grade X-70 plate. These HTS item numbers are provided for
convenience and customs purposes. The written description remains
dispositive.
Separate Rates
MEI and Sidex have requested separate, company-specific antidumping
duty rates in this review. In the Preliminary Results, we found that
MEI and Sidex had met the criteria for the application of separate
antidumping duty rates. See Preliminary Results. We have not received
any other information since the preliminary results which would warrant
reconsideration of our separate rates determination with respect to
these companies. We therefore determine that MEI and Sidex should be
assigned individual dumping margins in this administrative review.
Analysis of Comments Received
The Department has received comments from Sidex and domestic
interested parties ISG, USWA, Nucor, U.S. Steel, and IPSCO, all of
which are addressed in the Decision Memorandum, which is hereby adopted
by this notice. Attached to this notice as an Appendix is a list of the
issues that the parties have raised and to which we have responded in
the Decision Memorandum. Parties can find a complete discussion of all
issues raised in this review and the corresponding recommendations in
this public memorandum, which is on file in the
[[Page 12653]]
Department's Central Records Unit (``CRU''), located at 14th Street and
Constitution Avenue, NW, Room B-099. In addition, a complete version of
the Decision Memorandum can be accessed directly on the Import
Administration website at https://ia.ita.doc.gov/ under the heading
Federal Register Notices. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made the
following changes for the final results:
1. For inputs coking coal and iron ore pellets, we inadvertently did
not include domestic freight costs in the Preliminary Results. For the
final results, we have added domestic freight costs for these two
inputs. See Decision Memorandum at Comment 8.
2. For methane gas, we are using a different surrogate value for the
final results. For coke gas and furnace gas, we are now using the BTU
heat content methodology. See Decision Memorandum at Comments 5 and 6.
3. We are using more contemporaneous POR-specific data from Egypt for
the following factors: (1) Manganese ore; (2) iron scrap; (3) aluminum;
(4) lime; (5) injected coal powder; (6) ammonium sulfate; and (7) crude
benzene. See Decision Memorandum at Comment 11.
4. In September 2004, the Department issued updated wage rates based on
2002 income data. As a result of these updated wage rates for selected
NME countries, the hourly wage rate for Romania increased to $1.33.
Because this wage rate is more contemporaneous than the wage rate used
in our Preliminary Results, the Department is using this updated wage
rate for the final results. See also https://www.ia.ita.doc.gov.
5. We are now using Alexandria National Iron and Steel Co.'s financial
statement for our financial ratios, with an adjustment to include non-
depreciation overhead from PT Jaya Pari Steel Tbk. (``Jaya Pari'') for
the final results. See Decision Memorandum at Comment 10. The updated
financial ratios are as follows:
28.64% = Factory Overhead Ratio (includes non-depreciation overhead
ratio from Jaya Pari)
18.96% = SG&A Ratio (includes interest expenses)
0.79% = Profit Ratio
See Attachment 7 of the Department's Analysis Memorandum for the
Final Results of the Antidumping Duty Administrative Review of the
Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate from
Romania, dated March 7, 2005 (``Final Analysis Memorandum'') for these
calculations.
6. We are not using Sidex's market economy purchases of iron ore powder
from India because we have a reasonable basis to believe or suspect
that the country benefits from broadly available non-industry specific
export subsidies. As a result, we are also excluding all Indian export
prices in our valuation of surrogate values, where applicable. See
Decision Memorandum at Comment 4.
``All Others'' Rate
As a result of Romania's transition from a non-market economy to a
market economy, an issue arose in this administrative review regarding
the calculation of an ``all others'' rate. For the discussion of the
Department's decision regarding the all-others rate, see the
accompanying Decision Memorandum at Comment 2.
Final Results of Review
We note that although MEI was the exporter for all of Sidex's
sales, because Sidex provided information that it had knowledge that
the subject merchandise was destined for the United States, we have
calculated a margin for both Sidex as the producer and MEI as the
exporter. We determine that the following margin is the weighted-
average antidumping duty margin of all sales made in both the NME and
ME portions of the POR.
----------------------------------------------------------------------------------------------------------------
Manufacturer/Exporter POR Margin (percent)
----------------------------------------------------------------------------------------------------------------
Ispat Sidex,........................................ 08/01/02 - 07/30/030 13.50
Metalexportimport, S.A.............................. 08/01/02 - 07/30/03 13.50
----------------------------------------------------------------------------------------------------------------
For details on the calculation of the antidumping duty weighted-
average margins for Sidex and MEI, see the Decision Memorandum and the
Final Analysis Memorandum. A public version of the analysis memorandum
is on file in the CRU.
Assessment Rates
Pursuant to 19 CFR 351.212(b), the Department calculates an
assessment rate for each importer of the subject merchandise. Upon
issuance of the final results of this review, if any importer-specific
assessment rates calculated in the final results are above de minimis
(i.e., at or above 0.50 percent), the Department will issue
appraisement instructions directly to the U.S. Customs and Border
Protection (CBP) to assess antidumping duties on appropriate entries by
applying the assessment rate to the entered value of the merchandise.
For assessment purposes for MEI and Sidex, we calculated importer-
specific assessment rates for the subject merchandise by aggregating
the dumping duties due for all U.S. sales to each importer and dividing
the amount by the total quantity of the sales to that importer. We will
direct CBP, within 15 days of publication of these final results of
review, to assess the resulting rate, which is in dollars per metric
ton, against the total quantity for the subject merchandise on each of
MEI's and Sidex's importer's/customer's entries during the POR.
Cash-Deposit Requirements
The following cash-deposit rates will be effective upon publication
of the final results of this review for all shipments of certain cut-
to-length carbon steel plate from Romania entered, or withdrawn from
warehouse, for consumption on or after publication date, as provided
for by section 751(a)(2)(C) of the Act: (1) For subject merchandise
exported by MEI or Sidex, the deposit rate will be the rate indicated
above; (2) for previously reviewed or investigated companies not
covered in this review, the cash deposit rate will continue to be the
company-specific rate published for the most recent period; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original less than fair value (LTFV) investigation (see Final
Determination of Sales at Less Than Fair Value: Certain Cut-to-Length
Carbon Steel Plate from Romania, 58 FR 37209 (July 9, 1993)), but the
manufacturer is, the cash deposit rate will be the rate established in
the most recent period for the manufacturer of the merchandise; and,
(4) if neither the exporter nor the manufacturer is a firm covered in
this or any previous review conducted by the Department, the cash
deposit rate will be 75.04 percent, which previously was the Romania-
wide rate. See the accompanying Decision Memorandum at Comment 2.
These deposit requirements, when imposed, shall remain in effect
until
[[Page 12654]]
publication of the final results of the next administrative review.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under section 351.402(f) of the Department's regulations
to file a certificate regarding the reimbursement of antidumping duties
prior to liquidation of the relevant entries during these review
periods. Failure to comply with this requirement could result in the
Secretary's presumption that reimbursement of antidumping duties
occurred and the subsequent assessment of double antidumping duties.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
APPENDIX
List of Comments and Issues in the Decision Memorandum
Comment 1: Cash Deposit Rates
Comment 2: ``All Others'' Rate
Comment 3: Export Prices as Surrogate Value
Comment 4: Use of Market Economy Price of Iron Ore Powder
Comment 5: Methane Gas Surrogate Value
Comment 6: Coke Gas and Furnace Gas Surrogate Values
Comment 7: Surrogate Value for Wooden Boards
Comment 8: Romania Domestic Freight Costs
Comment 9: Updated Surrogate Wage Data
Comment 10: Surrogate Financial Ratios
Comment 11: Aberrational Surrogate Values
Comment 12: Value of Recycled Iron Scrap
Comment 13: Offsetting for Negative Margins
Comment 14: Barge Surrogate Value
Comment 15: Whether to Rescind this Review
[FR Doc. E5-1127 Filed 3-14-05; 8:45 am]
Billing Code: 3510-DS-S