Certain Hot-Rolled Carbon Steel Flat Products from the Netherlands; Final Results of Antidumping Duty Administrative Review, 18366-18368 [E5-1657]
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18366
Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Notices
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act.
Dated: April 4, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–1664 Filed 4–8–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–852]
Creatine Monohydrate From the
People’s Republic of China:
Revocation of Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2005, the
Department of Commerce (‘‘the
Department’’) initiated the sunset
review of the antidumping duty order
on creatine monohydrate from the
People’s Republic of China (70 FR 75).
Because the domestic interested parties
did not participate in this sunset review,
the Department is revoking this
antidumping duty order.
AGENCY:
DATES:
Effective Date: February 4, 2005.
FOR FURTHER INFORMATION CONTACT:
Hilary E. Sadler, Esq., Office of Policy,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–4340.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by this order is
creatine monohydrate, which is
commonly referred to as ‘‘creatine.’’ The
chemical name for creatine
monohydrate is N (aminoiminomethyl)N-methylglycine monohydrate. The
Chemical Abstracts Service (‘‘CAS’’)
registry number for this product is
6020–87–7. Creatine monohydrate in its
pure form is a white, tasteless, odorless
powder, that is a naturally occurring
metabolite found in muscle tissue.
Creatine monohydrate is provided for in
subheading 2925.20.90 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Although the
HTSUS subheading and the CAS
registry number are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
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Background
On February 4, 2000, the Department
issued an antidumping duty order on
creatine monohydrate from People’s
Republic of China (65 FR 5583).
Pursuant to section 751(c) of the Tariff
Act of 1930, as amended, (‘‘the Act’’)
and 19 CFR 351, the Department
initiated the sunset review of this order
by publishing the notice of the initiation
in the Federal Register at 70 FR 75
(January 3, 2005). As a courtesy to
interested parties, the Department sent
letters, via certified and registered mail,
to each party listed on the Department’s
most current service list for this
proceeding to inform them of the
automatic initiation of a sunset review
of this order.
We received no response from the
domestic industry by the deadline dates
(see 19 CFR 351.218(d)(1)(i)). As a
result, the Department determined that
no domestic party intends to participate
in this sunset review, and on January
27, 2005, we notified the International
Trade Commission, in writing, that we
intended to issue a final determination
revoking this antidumping duty order.
See 19 CFR 351.218(d)(1)(iii)(B).
Determination To Revoke
Pursuant to section 751(c)(3)(A) of the
Act and 19 CFR 351.218(d)(1)(iii)(B)(3),
if no domestic interested party responds
to the notice of initiation, the
Department shall issue a final
determination, within 90 days after the
initiation of the review, revoking the
order. Because no domestic interested
party filed a notice of intent or
substantive response, the Department
finds that no domestic interested party
is participating in this review of this
antidumping duty order, and we are
revoking this antidumping duty order
effective February 4, 2005, the fifth
anniversary of the date the order was
issued, consistent with 19 CFR
351.222(i)(2)(i) and section 751(d)(2) of
the Act.
Effective Date of Revocation
Pursuant to sections 751(c)(3)(A) and
751(d)(2) of the Act, and 19 CFR
351.222(i)(2)(i), the Department will
instruct U.S. Customs and Border
Protection to terminate the suspension
of liquidation of the merchandise
subject to this order entered, or
withdrawn from warehouse, on or after
February 4, 2005. Entries of subject
merchandise prior to the effective date
of revocation will continue to be subject
to suspension of liquidation and
antidumping duty deposit requirements.
The Department will complete any
pending administrative reviews of this
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order and will conduct administrative
reviews of subject merchandise entered
prior to the effective date of revocation
in response to appropriately filed
requests for review.
This five-year (‘‘sunset’’) review and
notice are in accordance with sections
751(c) and 777(i)(1) of the Act.
Dated: April 4, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–1654 Filed 4–8–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
(A–421–807)
Certain Hot-Rolled Carbon Steel Flat
Products from the Netherlands; Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 3, 2004, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
hot-rolled carbon steel flat products
from the Netherlands. See Certain HotRolled Carbon Steel Flat Products from
the Netherlands; Preliminary Results of
Antidumping Duty Administrative
Review, 69 FR 70226 (December 3, 2004)
(Preliminary Results). This review
covers imports of subject merchandise
from Corus Staal BV (Corus Staal) to the
United States during the period
November 1, 2002, to October 31, 2003.
Based on our analysis of the comments
received, we have made changes to the
margin calculation. Therefore, the final
results differ from the preliminary
results. The final weighted-average
dumping margin for the reviewed firm
is listed below in the section entitled
‘‘Final Results of Review.’’
EFFECTIVE DATE: April 11, 2005.
FOR FURTHER INFORMATION CONTACT:
David Cordell or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230,
telephone: (202) 482–0409 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 3, 2004, the Department
published in the Federal Register the
E:\FR\FM\11APN1.SGM
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Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Notices
Preliminary Results of the
administrative review of the
antidumping duty order on certain hotrolled carbon steel flat products from
the Netherlands for the period
November 1, 2002 to October 31, 2003.
In response to the Department’s
invitation to comment on the
preliminary results of this review, Corus
(respondent) and United States Steel
Corporation (USSC) (petitioner) filed
their case briefs on January 19, 2005.1
USSC submitted a rebuttal brief on
January 28, 2005. The deadline for the
final results of the review is April 2,
2005. Because this date falls on a
Saturday, i.e., a non-business day, the
signature date for these final results is
April 4, 2005.
Period of Review
The period of review (POR) is
November 1, 2002, to October 31, 2003.
Scope of the Order
For purposes of this order, the
products covered are certain hot-rolled
carbon steel flat products of a
rectangular shape, of a width of 0.5 inch
or greater, neither clad, plated, nor
coated with metal and whether or not
painted, varnished, or coated with
plastics or other non-metallic
substances, in coils (whether or not in
successively superimposed layers),
regardless of thickness, and in straight
lengths, of a thickness of less than 4.75
mm and of a width measuring at least
10 times the thickness. Universal mill
plate (i.e., flat-rolled products rolled on
four faces or in a closed box pass, of a
width exceeding 150 mm, but not
exceeding 1250 mm, and of a thickness
of not less than 4.0 mm, not in coils and
without patterns in relief) of a thickness
not less than 4.0 mm is not included
within the scope of the order.
Specifically included within the scope
of this order are vacuum degassed, fully
stabilized (commonly referred to as
interstitial-free (IF)) steels, high strength
low alloy (HSLA) steels, and the
substrate for motor lamination steels. IF
steels are recognized as low carbon
steels with micro-alloying levels of
elements such as titanium or niobium
(also commonly referred to as
columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA
steels are recognized as steels with
micro-alloying levels of elements such
as chromium, copper, niobium,
vanadium, and molybdenum. The
1 Corus and USSC were unable to deliver the case
briefs on January 18, 2005, when they were
originally due, because of an unforseen external
event that prevented access to the Department. As
a result, the Department granted a one-day
extension to both companies.
VerDate jul<14>2003
17:45 Apr 08, 2005
Jkt 205001
substrate for motor lamination steels
contains micro-alloying levels of
elements such silicon and aluminum.
Steel products to be included in the
scope of this order, regardless of
definitions in the Harmonized Tariff
Schedule of the United States (HTS), are
products in which: (i) Iron
predominates, by weight, over each of
the other contained elements; (ii) the
carbon content is 2 percent or less, by
weight; and (iii) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical
and chemical description provided
above are within the scope of this order
unless otherwise excluded. The
following products, by way of example,
are outside or specifically excluded
from the scope of this order:
• Alloy hot-rolled steel products in
which at least one of the chemical
elements exceeds those listed above
(including, e.g., ASTM specifications
A543, A387, A514, A517, A506).
• Society of Automotive Engineers
(SAE)/American Iron and Steel Institute
(AISI) grades of series 2300 and higher.
• Ball bearings steels, as defined in
the HTS.
• Tool steels, as defined in the HTS.
• Silico-manganese (as defined in the
HTS) or silicon electrical steel with a
silicon level exceeding 2.25 percent.
• ASTM specifications A710 and
A736.
• USS Abrasion-resistant steels (USS
AR 400, USS AR 500).
• All products (proprietary or
otherwise) based on an alloy ASTM
specification (sample specifications:
ASTM A506, A507).
• Non-rectangular shapes, not in
coils, which are the result of having
been processed by cutting or stamping
and which have assumed the character
of articles or products classified outside
chapter 72 of the HTS.
The merchandise subject to this order
is classified in the HTS at subheadings:
7208.10.15.00, 7208.10.30.00,
7208.10.60.00, 7208.25.30.00,
7208.25.60.00, 7208.26.00.30,
7208.26.00.60, 7208.27.00.30,
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18367
7208.27.00.60, 7208.36.00.30,
7208.36.00.60, 7208.37.00.30,
7208.37.00.60, 7208.38.00.15,
7208.38.00.30, 7208.38.00.90,
7208.39.00.15, 7208.39.00.30,
7208.39.00.90, 7208.40.60.30,
7208.40.60.60, 7208.53.00.00,
7208.54.00.00, 7208.90.00.00,
7211.14.00.90, 7211.19.15.00,
7211.19.20.00, 7211.19.30.00,
7211.19.45.00, 7211.19.60.00,
7211.19.75.30, 7211.19.75.60, and
7211.19.75.90. Certain hot-rolled flatrolled carbon steel flat products covered
by this order, including: vacuum
degassed fully stabilized; high strength
low alloy; and the substrate for motor
lamination steel may also enter under
the following tariff numbers:
7225.11.00.00, 7225.19.00.00,
7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90,
7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00,
7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00. Although the HTS
subheadings are provided for
convenience and U.S. Customs
purposes, the written description of the
scope of this order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the ‘‘Issues and Decision Memorandum’’
(Decision Memorandum) from Barbara
E. Tillman, Acting Deputy Assistant
Secretary Operations, to Joseph A.
Spetrini, Acting Assistant Secretary for
Import Administration, dated April 4,
2004, which is hereby adopted by this
notice. A list of the issues which parties
have raised and to which we have
responded, all of which are in the
Decision Memorandum, is attached to
this notice as an appendix. 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 Central Records Unit, room B–099 of
the main Department building. In
addition, a complete version of the
Decision Memorandum can be accessed
directly via the Internet at
www.ia.ita.doc.gov. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made the
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Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Notices
following changes to the margin
calculation:
• We revised the U.S. warehousing
expenses and inventory carrying costs
reported by Corus for its JIT sales. We
based the calculation on the transactionspecific number of inventory carrying
days rather than the reported order-wide
average number of inventory carrying
days .
• We corrected a clerical error
involving adjustments to U.S. expenses
incurred in euros.
• We have amended our draft
liquidation instructions to correct a
clerical error concerning shipments
produced by Corus, and imported by
other importers.
These changes are discussed in the
relevant sections of the Decision
Memorandum.
Final Results of Review
We determine that the following
weighted-average percentage margin
exists for the period November 1, 2002,
to October 31, 2003:
Manufacturer / Exporter
Weighted Average
Margin
(percentage)
Corus Staal BV .............
4.42
administrative review, as provided by
section 751(a)(1) of the Tariff Act: (1)
the cash deposit rate for the reviewed
company will be the rate listed above;
(2) for previously–reviewed producers
and exporters, the cash deposit rate will
be the company-specific rate established
for the most recent period for which
they were reviewed; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less than
fair value (LTFV) investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be the ‘‘all
others’’ rate of 2.59 percent, which is
the ‘‘All Others’’ rate established in the
LTFV investigation. See Notice of
Amended Final Determination of Sales
at Less Than Fair Value; Certain HotRolled Carbon Steel Flat Products From
The Netherlands, 66 FR 55637
(November 2, 2001). These deposit
requirements, when imposed, shall
remain in effect until publication of the
final results of the next administrative
review.
Notification to Interested Parties
Assessment
The Department shall determine and
U.S. Customs and Border Protection
(CBP) shall assess antidumping duties
on all appropriate entries. Thus, in
accordance with 19 C.F.R.
§ 351.212(b)(1), we will calculate an
importer-specific ad valorem
assessment rate for merchandise based
on the ratio of the total amount of
antidumping duties calculated for the
examined sales made during the POR to
the total customs value of the sales used
to calculate those duties. Where the
importer-specific assessment rate is
above de minimis, we will instruct CBP
to assess duties on all appropriate
entries of subject merchandise by that
importer. This rate will be assessed
uniformly on all entries of that
particular importer made during the
period of review. The Department will
issue appropriate assessment
instructions directly to CBP within 15
days of publication of the final results
of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of these final results of
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17:45 Apr 08, 2005
Jkt 205001
This notice also serves as a final
reminder to importers of their
responsibility under 19 C.F.R.
§ 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 C.F.R. § 351.305, that continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
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Dated: April 4, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
Appendix
Issues in Decision Memorandum
1. Treatment of non–dumped sales
2. Classification of JIT sales as CEP
3. Inventory period of JIT sales
4. Clerical error related to invoice currency
field
5. Liquidation instructions
[FR Doc. E5–1657 Filed 4–8–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–605, A–580–507]
Malleable Cast Iron Pipe Fittings From
Japan and the Republic of Korea:
Revocation of Antidumping Duty
Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2005, the
Department of Commerce (‘‘the
Department’’) initiated the second
sunset review of the antidumping duty
orders on malleable cast iron pipe
fittings from Japan and the Republic of
Korea (70 FR 75). Because the domestic
interested parties did not participate in
this sunset review, the Department is
revoking these antidumping duty
orders.
AGENCY:
EFFECTIVE DATE:
February 28, 2005.
FOR FURTHER INFORMATION CONTACT:
Hilary E. Sadler, Esq., Office of Policy,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–4340.
The
merchandise subject to these orders is
certain malleable cast iron pipe fittings,
other than grooved and alloy cast iron,
from Japan and the Republic of Korea.
In the original orders, the merchandise
was classified in the Tariff Schedules of
the United States, Annotated, under
item numbers 610.7000 and 610.7400.
The merchandise is currently classified
under item numbers 7307.19.90.30,
7307.19.90.60 and 7307.19.90.80 of the
Harmonized Tariff Schedule of the
United States (‘‘HTS’’). The HTS
number is provided for convenience and
customs purposes. The written
description remains dispositive.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Notices]
[Pages 18366-18368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1657]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-421-807)
Certain Hot-Rolled Carbon Steel Flat Products from the
Netherlands; Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 3, 2004, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on certain hot-rolled carbon steel
flat products from the Netherlands. See Certain Hot-Rolled Carbon Steel
Flat Products from the Netherlands; Preliminary Results of Antidumping
Duty Administrative Review, 69 FR 70226 (December 3, 2004) (Preliminary
Results). This review covers imports of subject merchandise from Corus
Staal BV (Corus Staal) to the United States during the period November
1, 2002, to October 31, 2003. Based on our analysis of the comments
received, we have made changes to the margin calculation. Therefore,
the final results differ from the preliminary results. The final
weighted-average dumping margin for the reviewed firm is listed below
in the section entitled ``Final Results of Review.''
EFFECTIVE DATE: April 11, 2005.
FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
0409 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 3, 2004, the Department published in the Federal
Register the
[[Page 18367]]
Preliminary Results of the administrative review of the antidumping
duty order on certain hot-rolled carbon steel flat products from the
Netherlands for the period November 1, 2002 to October 31, 2003. In
response to the Department's invitation to comment on the preliminary
results of this review, Corus (respondent) and United States Steel
Corporation (USSC) (petitioner) filed their case briefs on January 19,
2005.\1\ USSC submitted a rebuttal brief on January 28, 2005. The
deadline for the final results of the review is April 2, 2005. Because
this date falls on a Saturday, i.e., a non-business day, the signature
date for these final results is April 4, 2005.
---------------------------------------------------------------------------
\1\ Corus and USSC were unable to deliver the case briefs on
January 18, 2005, when they were originally due, because of an
unforseen external event that prevented access to the Department. As
a result, the Department granted a one-day extension to both
companies.
---------------------------------------------------------------------------
Period of Review
The period of review (POR) is November 1, 2002, to October 31,
2003.
Scope of the Order
For purposes of this order, the products covered are certain hot-
rolled carbon steel flat products of a rectangular shape, of a width of
0.5 inch or greater, neither clad, plated, nor coated with metal and
whether or not painted, varnished, or coated with plastics or other
non-metallic substances, in coils (whether or not in successively
superimposed layers), regardless of thickness, and in straight lengths,
of a thickness of less than 4.75 mm and of a width measuring at least
10 times the thickness. Universal mill plate (i.e., flat-rolled
products rolled on four faces or in a closed box pass, of a width
exceeding 150 mm, but not exceeding 1250 mm, and of a thickness of not
less than 4.0 mm, not in coils and without patterns in relief) of a
thickness not less than 4.0 mm is not included within the scope of the
order. Specifically included within the scope of this order are vacuum
degassed, fully stabilized (commonly referred to as interstitial-free
(IF)) steels, high strength low alloy (HSLA) steels, and the substrate
for motor lamination steels. IF steels are recognized as low carbon
steels with micro-alloying levels of elements such as titanium or
niobium (also commonly referred to as columbium), or both, added to
stabilize carbon and nitrogen elements. HSLA steels are recognized as
steels with micro-alloying levels of elements such as chromium, copper,
niobium, vanadium, and molybdenum. The substrate for motor lamination
steels contains micro-alloying levels of elements such silicon and
aluminum.
Steel products to be included in the scope of this order,
regardless of definitions in the Harmonized Tariff Schedule of the
United States (HTS), are products in which: (i) Iron predominates, by
weight, over each of the other contained elements; (ii) the carbon
content is 2 percent or less, by weight; and (iii) none of the elements
listed below exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical and chemical description
provided above are within the scope of this order unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of this order:
Alloy hot-rolled steel products in which at least one of
the chemical elements exceeds those listed above (including, e.g., ASTM
specifications A543, A387, A514, A517, A506).
Society of Automotive Engineers (SAE)/American Iron and
Steel Institute (AISI) grades of series 2300 and higher.
Ball bearings steels, as defined in the HTS.
Tool steels, as defined in the HTS.
Silico-manganese (as defined in the HTS) or silicon
electrical steel with a silicon level exceeding 2.25 percent.
ASTM specifications A710 and A736.
USS Abrasion-resistant steels (USS AR 400, USS AR 500).
All products (proprietary or otherwise) based on an alloy
ASTM specification (sample specifications: ASTM A506, A507).
Non-rectangular shapes, not in coils, which are the result
of having been processed by cutting or stamping and which have assumed
the character of articles or products classified outside chapter 72 of
the HTS.
The merchandise subject to this order is classified in the HTS at
subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90. Certain hot-rolled flat-rolled carbon
steel flat products covered by this order, including: vacuum degassed
fully stabilized; high strength low alloy; and the substrate for motor
lamination steel may also enter under the following tariff numbers:
7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although the HTS
subheadings are provided for convenience and U.S. Customs purposes, the
written description of the scope of this order is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) from Barbara E. Tillman, Acting
Deputy Assistant Secretary Operations, to Joseph A. Spetrini, Acting
Assistant Secretary for Import Administration, dated April 4, 2004,
which is hereby adopted by this notice. A list of the issues which
parties have raised and to which we have responded, all of which are in
the Decision Memorandum, is attached to this notice as an appendix.
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 Central Records Unit, room B-099 of the main
Department building. In addition, a complete version of the Decision
Memorandum can be accessed directly via the Internet at
www.ia.ita.doc.gov. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made the
[[Page 18368]]
following changes to the margin calculation:
We revised the U.S. warehousing expenses and inventory
carrying costs reported by Corus for its JIT sales. We based the
calculation on the transaction-specific number of inventory carrying
days rather than the reported order-wide average number of inventory
carrying days .
We corrected a clerical error involving adjustments to
U.S. expenses incurred in euros.
We have amended our draft liquidation instructions to
correct a clerical error concerning shipments produced by Corus, and
imported by other importers.
These changes are discussed in the relevant sections of the
Decision Memorandum.
Final Results of Review
We determine that the following weighted-average percentage margin
exists for the period November 1, 2002, to October 31, 2003:
------------------------------------------------------------------------
Weighted Average
Manufacturer / Exporter Margin
(percentage)
------------------------------------------------------------------------
Corus Staal BV...................................... 4.42
------------------------------------------------------------------------
Assessment
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. Thus, in accordance with 19 C.F.R. Sec. 351.212(b)(1), we
will calculate an importer-specific ad valorem assessment rate for
merchandise based on the ratio of the total amount of antidumping
duties calculated for the examined sales made during the POR to the
total customs value of the sales used to calculate those duties. Where
the importer-specific assessment rate is above de minimis, we will
instruct CBP to assess duties on all appropriate entries of subject
merchandise by that importer. This rate will be assessed uniformly on
all entries of that particular importer made during the period of
review. The Department will issue appropriate assessment instructions
directly to CBP within 15 days of publication of the final results of
review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of these final results of administrative
review, as provided by section 751(a)(1) of the Tariff Act: (1) the
cash deposit rate for the reviewed company will be the rate listed
above; (2) for previously-reviewed producers and exporters, the cash
deposit rate will be the company-specific rate established for the most
recent period for which they were reviewed; (3) if the exporter is not
a firm covered in this review, a prior review, or the original less
than fair value (LTFV) investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recent period
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be the ``all
others'' rate of 2.59 percent, which is the ``All Others'' rate
established in the LTFV investigation. See Notice of Amended Final
Determination of Sales at Less Than Fair Value; Certain Hot-Rolled
Carbon Steel Flat Products From The Netherlands, 66 FR 55637 (November
2, 2001). These deposit requirements, when imposed, shall remain in
effect until publication of the final results of the next
administrative review.
Notification to Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 C.F.R. Sec. 351.402(f)(2) to file a
certificate regarding the reimbursement of antidumping duties prior to
liquidation of the relevant entries during this review period. Failure
to comply with this requirement could result in the Secretary's
presumption that reimbursement of the antidumping duties occurred and
the subsequent assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 C.F.R. Sec. 351.305, that continues to
govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 4, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix
Issues in Decision Memorandum
1. Treatment of non-dumped sales
2. Classification of JIT sales as CEP
3. Inventory period of JIT sales
4. Clerical error related to invoice currency field
5. Liquidation instructions
[FR Doc. E5-1657 Filed 4-8-05; 8:45 am]
BILLING CODE 3510-22-S
