Notice of Rescission of Countervailing Duty Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products from Thailand, 31425-31426 [E5-2770]

Download as PDF Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Notices Stainless Steel Wire Rod from Brazil (A– 351–819) Stainless Steel Wire Rod from France (A–427–811) Stainless Steel Wire Rod from India (A– 533–808) Tin Mill Products from Japan (A–588– 854) Welded Carbon Steel Pipes & Tubes from India (A–533–502) Welded Carbon Steel Pipe & Tube from Thailand (A–549–502) Welded Carbon Steel Pipe & Tube from Turkey (A–489–501) Countervailing Duty Proceedings Alloy Magnesium from Canada (C–122– 815) Pure Magnesium from Canada (C–122– 815) Welded Carbon Steel Pipe and Tube from Turkey (C–489–502) Suspended Investigations Uranium from Russia (A–821–802) The Department’s procedures for the conduct of sunset reviews are set forth in 19 CFR 351.218. Guidance on methodological or analytical issues relevant to the Department’s conduct of sunset reviews is set forth in the Department’s Policy Bulletin 98.3, ‘‘Policies Regarding the Conduct of Five-year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders;’’ Policy Bulletin, 63 FR 18871 (April 16, 1998) (‘‘Sunset Policy Bulletin’’). The Notice of Initiation of Five-year (‘‘Sunset’’) Reviews provides further information regarding what is required of all parties to participate in sunset reviews. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the sunset review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: May 25, 2005. Holly A. Kuga, Senior Office Director AD/CVD Operations, Office 4 for Import Administration. [FR Doc. E5–2772 Filed 5–31–05; 8:45 am] BILLING CODE 3510–DS–S VerDate jul<14>2003 17:53 May 30, 2005 Jkt 205001 DEPARTMENT OF COMMERCE International Trade Administration [A–533–810] Stainless Steel Bar from India: Extension of Time Limit for the Final Results of the Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce is extending the time limit for the final results of the administrative review of the antidumping duty order on stainless steel bar from India. The period of review is February 1, 2003, through January 31, 2004. This extension is made pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended by the Uruguay Round Agreements Act. EFFECTIVE DATE: June 1, 2005. FOR FURTHER INFORMATION CONTACT: Scott Holland, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; telephone (202) 482–1279. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 7, 2005, the Department of Commerce (‘‘the Department’’) published the preliminary results of the administrative review of the antidumping duty order on stainless steel bar from India covering the period February 1, 2003, through January 31, 2004 (70 FR 10977). The final results for the antidumping duty administrative review of stainless steel bar from India are currently due no later than July 5, 2005. Extension of Time Limits for Final Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended by the Uruguay Round Agreements Act (‘‘the Act’’), requires the Department to issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an antidumping duty order for which a review is requested and issue the final results within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act allows the Department to extend these deadlines to a maximum of 365 days and 180 days, respectively. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 31425 On March 28, 2005, the sole respondent in this proceeding, Chandan Steel, Ltd. (‘‘Chandan’’), submitted new factual information that included previously unreported sales of the subject merchandise to the United States five days prior to the scheduled sales and cost verification. This information was significant to the Department’s conduct of verification and understood fully before the Department could conduct verification and as a result, the Department postponed the verification. On May 12, 2005, the Department rejected the March 28, 2005, submission because we determined that the new information contained in the submission represented new and untimely filed factual information. See Letter from Susan H. Kuhbach to Peter Koenig, dated May 12, 2005. In accordance with 782(i)(3) of the Act, the Department must still conduct the verification and issue the verification findings. Therefore, we find that it is not practicable to complete this review within the originally anticipated time limit (i.e., by July 5, 2005). Accordingly, the Department is extending the time limit for completion of the final results to no later than August 25, 2005, in accordance with section 751(a)(3)(A) of the Act. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 24, 2005. Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–2769 Filed 5–31–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–549–818] Notice of Rescission of Countervailing Duty Administrative Review: Certain Hot–Rolled Carbon Steel Flat Products from Thailand Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: In accordance with 19 CFR 351.213(b), the United States Steel Corporation (‘‘petitioner’’) submitted a timely request for an administrative review of the countervailing duty order on certain hot–rolled carbon steel flat products from Thailand for Sahaviriya Steel Industries Public Company Limited (‘‘SSI’’), an exporter and producer of subject merchandise. SSI AGENCY: E:\FR\FM\01JNN1.SGM 01JNN1 31426 Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Notices also submitted a timely request for an administrative review. SSI’s request for review requested that no review be conducted, or alternatively, if a review is conducted, SSI requested a deferral of administrative review in accordance with 19 CFR 351.213(c). The Department of Commerce (‘‘the Department’’) initiated an administrative review of this order covering the period January 1, 2003, through December 31, 2003. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 4818 (January 31, 2005) (‘‘Initiation Notice’’). We are rescinding this administrative review because all requests have been withdrawn in accordance with 19 CFR 351.213(d)(1). EFFECTIVE DATE: June 1, 2005. FOR FURTHER INFORMATION CONTACT: Sean Carey at (202) 482–3964 or Addilyn Chams–Eddine at (202) 482– 0648, AD/CVD Operations, Office 6, Import Administration, U.S. Department of Commerce, Room 7866, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On December 3, 2001, the Department published a countervailing duty order on certain hot–rolled carbon steel flat products from Thailand. See Notice of Countervailing Duty Orders: Certain Hot–Rolled Carbon Steel Flat Products from Thailand, 66 FR 60197 (December 3, 2001). On December 30, 2004, SSI requested that the Department not conduct an administrative review of the January 1, 2003, through December 31, 2003 period of review (POR). According to SSI, there were no U.S. sales or shipments from Thailand of subject merchandise during the POR, and there was only one entry of subject merchandise during the POR. SSI further requested a deferral of the administrative review if the Department conducts an administrative review based on the one entry during the POR, in order to allow the Court of Appeals for the Federal Circuit to reach its final judgement regarding the U.S. Court of International Trade’s de minimis determination in Royal Thai Gov’t v. United States, 28 CIT, Slip Op. 04–124 (October 1, 2004). On January 3, 2005, petitioner requested an administrative review of subject merchandise, produced or exported by SSI during the POR. On January 19, 2005, petitioner submitted an objection to SSI’s request for a deferral of the administrative review under section 351.213(c)(ii) of the VerDate jul<14>2003 17:53 May 30, 2005 Jkt 205001 Department’s regulations. Petitioner’s objection was timely filed on January 19, 2005, because they had requested a one-day extension for filing the deferral objection on January 18, 2005, since the Department had closed prior to 5:00 p.m. due to an emergency situation which prevented the Department from accepting filings. In accordance with 19 CFR 351.221(c)(1)(i)), we published a notice of initiation of the review on January 31, 2005. See Initiation Notice. On April 26, 2005, petitioner and SSI withdrew their requests for review. Rescission of Countervailing Duty Administrative Review Section 351.213(d)(1) of the Department’s regulations provide that the Department will rescind an administrative review if a party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. Petitioner and SSI were the only parties to request a review and both parties withdrew their request for an administrative review on April 26, 2005, which is within the 90-day deadline. The Department is therefore rescinding this administrative review for the period January 1, 2003, through December 31, 2003, in accordance with 19 CFR 351.213(d)(1). The Department will issue appropriate assessment instructions directly to U.S. Customs and Border Protection (CBP) within 15 days of publication of this notice. The Department will direct CBP to assess countervailing duties for all entries of subject merchandise, including those produced or exported by SSI, at the cash deposit rate in effect on the date of entry for entries made during the period January 1, 2003, through December 31, 2003. This rescission and notice are issued and published in accordance with 19 CFR 351.213(d)(4) and sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: May 25, 2005. Holly A. Kuga, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E5–2770 Filed 5–31–05; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of decision of panel. AGENCY: SUMMARY: On April 29, 2005 the binational panel issued its decision in the review of the determination on remand made by the International Trade Commission, respecting Certain Corrosion-Resistant Carbon Steel Flat Products from Canada Final Injury Determination, Secretariat File No. USA–CDA–2000–1904–11. The binational panel affirmed the International Trade Commission’s determination on remand with one dissenting opinion. On May 20, 2005, pursuant to a Notice of Motion on behalf of complainant Dofasco, Inc., the panel has re-issued its decision with explanations. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free-Trade Agreement (‘‘Agreement’’) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established Rules of Procedure for Article 1904 Binational Panel Reviews (‘‘Rules’’). These Rules were published in the Federal Register on February 23, 1994 (59 FR 8686). The panel review in this matter has been conducted in accordance with these Rules. Panel Decision: The panel affirmed the International Trade Commission’s determination on remand respecting E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31425-31426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2770]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-549-818]


Notice of Rescission of Countervailing Duty Administrative 
Review: Certain Hot-Rolled Carbon Steel Flat Products from Thailand

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: In accordance with 19 CFR 351.213(b), the United States Steel 
Corporation (``petitioner'') submitted a timely request for an 
administrative review of the countervailing duty order on certain hot-
rolled carbon steel flat products from Thailand for Sahaviriya Steel 
Industries Public Company Limited (``SSI''), an exporter and producer 
of subject merchandise. SSI

[[Page 31426]]

also submitted a timely request for an administrative review. SSI's 
request for review requested that no review be conducted, or 
alternatively, if a review is conducted, SSI requested a deferral of 
administrative review in accordance with 19 CFR 351.213(c). The 
Department of Commerce (``the Department'') initiated an administrative 
review of this order covering the period January 1, 2003, through 
December 31, 2003. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Request for Revocation in Part, 70 FR 
4818 (January 31, 2005) (``Initiation Notice''). We are rescinding this 
administrative review because all requests have been withdrawn in 
accordance with 19 CFR 351.213(d)(1).

EFFECTIVE DATE: June 1, 2005.

FOR FURTHER INFORMATION CONTACT: Sean Carey at (202) 482-3964 or 
Addilyn Chams-Eddine at (202) 482-0648, AD/CVD Operations, Office 6, 
Import Administration, U.S. Department of Commerce, Room 7866, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On December 3, 2001, the Department published a countervailing duty 
order on certain hot-rolled carbon steel flat products from Thailand. 
See Notice of Countervailing Duty Orders: Certain Hot-Rolled Carbon 
Steel Flat Products from Thailand, 66 FR 60197 (December 3, 2001). On 
December 30, 2004, SSI requested that the Department not conduct an 
administrative review of the January 1, 2003, through December 31, 2003 
period of review (POR). According to SSI, there were no U.S. sales or 
shipments from Thailand of subject merchandise during the POR, and 
there was only one entry of subject merchandise during the POR. SSI 
further requested a deferral of the administrative review if the 
Department conducts an administrative review based on the one entry 
during the POR, in order to allow the Court of Appeals for the Federal 
Circuit to reach its final judgement regarding the U.S. Court of 
International Trade's de minimis determination in Royal Thai Gov't v. 
United States, 28 CIT, Slip Op. 04-124 (October 1, 2004).
    On January 3, 2005, petitioner requested an administrative review 
of subject merchandise, produced or exported by SSI during the POR. On 
January 19, 2005, petitioner submitted an objection to SSI's request 
for a deferral of the administrative review under section 
351.213(c)(ii) of the Department's regulations. Petitioner's objection 
was timely filed on January 19, 2005, because they had requested a one-
day extension for filing the deferral objection on January 18, 2005, 
since the Department had closed prior to 5:00 p.m. due to an emergency 
situation which prevented the Department from accepting filings.
    In accordance with 19 CFR 351.221(c)(1)(i)), we published a notice 
of initiation of the review on January 31, 2005. See Initiation Notice. 
On April 26, 2005, petitioner and SSI withdrew their requests for 
review.

Rescission of Countervailing Duty Administrative Review

    Section 351.213(d)(1) of the Department's regulations provide that 
the Department will rescind an administrative review if a party that 
requested a review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. 
Petitioner and SSI were the only parties to request a review and both 
parties withdrew their request for an administrative review on April 
26, 2005, which is within the 90-day deadline. The Department is 
therefore rescinding this administrative review for the period January 
1, 2003, through December 31, 2003, in accordance with 19 CFR 
351.213(d)(1). The Department will issue appropriate assessment 
instructions directly to U.S. Customs and Border Protection (CBP) 
within 15 days of publication of this notice. The Department will 
direct CBP to assess countervailing duties for all entries of subject 
merchandise, including those produced or exported by SSI, at the cash 
deposit rate in effect on the date of entry for entries made during the 
period January 1, 2003, through December 31, 2003.
    This rescission and notice are issued and published in accordance 
with 19 CFR 351.213(d)(4) and sections 751(a)(1) and 777(i)(1) of the 
Tariff Act of 1930, as amended.

    Dated: May 25, 2005.
Holly A. Kuga,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-2770 Filed 5-31-05; 8:45 am]
BILLING CODE 3510-DS-S

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