Certain Hot-Rolled Carbon Steel Flat Products From the People's Republic of China; Notice of Amended Final Determination Pursuant to Court Decision, 69734-69735 [E5-6373]

Download as PDF 69734 Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Notices 3. Three violations of 15 CFR 764.2(e)—Ordering Physical Therapy Equipment With Knowledge That a Violation of the Regulations Was to Occur: On three occasions, Performance Medical Supplies ordered physical therapy equipment with knowledge that violations of the Regulations would occur. At all times relevant hereto, Performance Medical Supplies knew that prior authorization was required from the U.S. Government to export the physical therapy equipment, items subject to the Regulations and the Iranian Transactions Regulations, from the United States to Iran. Performance Medical Supplies ordered the items knowing that they would be exported to Iran without the required U.S. Government authorization. 4. Three Violations of 15 CFR 764.2(h)—Actions to Evade the Requirements of the Regulations: On three occasions, Performance Medical Supplies took actions to evade the U.S. Government’s licensing requirements for the export of physical therapy equipment to Iran. Specifically, Performance Medical Supplies participated in the routing of sales to Iran through Australia to conceal the fact that the physical therapy equipment was destined for Iran. Whereas, BIS and Performance Medical Supplies have entered into a Settlement Agreement pursuant to Section 766.18(b) of the Regulations whereby they agreed to settle this matter in accordance with the terms and conditions set forth therein, and Whereas, I have approved of the terms of such Settlement Agreement; It Is Therefore Ordered: First, for a period of five years from the date of entry of the Order, Performance Medical Supplies, 16 Gardenia Cresent, Cheltenham, Victoria 3192, Australia, its successors or assigns, and when acting for or on behalf of Performance Medical Supplies, its officers, representatives, agents, or employees (‘‘Denied Person’’) may not participate, directly or indirectly, in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations, including, but not limited to: A. Applying for, obtaining, or using any license, License Exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise VerDate Aug<31>2005 17:38 Nov 16, 2005 Jkt 208001 servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations. Second, that no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquired or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, that, to prevent evasion of this Order, BIS, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, may make any person, firm, corporation, or business organization related to Performance Medical Supplies by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services subject to the provisions of this Order. Fourth, that this Order does not prohibit any export, reexport, or other transaction subject to the Regulations PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 where the only items involved that are subject to the Regulations are the foreign-produced direct product of U.S.origin technology. Fifth, that the charging letter, the Settlement Agreement, this Order, and the record of this case as defined by Section 766.20 of the Regulations shall be made available to the public. Sixth, that the administrative law judge shall be notified that this case is withdrawn from adjudication. This Order, which constitutes the final agency action in this matter, is effective upon publication in the Federal Register. Entered this 9th day of November 2005. Darryl W. Jackson, Assistant Secretary of Commerce, for Export Enforcement. [FR Doc. 05–22782 Filed 11–16–05; 8:45 am] BILLING CODE 3510–DT–M DEPARTMENT OF COMMERCE International Trade Administration [A–570–865] Certain Hot–Rolled Carbon Steel Flat Products From the People’s Republic of China; Notice of Amended Final Determination Pursuant to Court Decision Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 17, 2005. SUMMARY: On March 15, 2005, the United States Court of International Trade (‘‘CIT’’) issued an order sustaining the Department of Commerce’s (‘‘the Department’’) second remand determination of the Final Determination of Sales at Less Than Fair Value: Certain Hot Rolled Carbon Steel Flat Products from the People’s Republic of China, 66 FR 49632 (September 28, 2001) (‘‘Final Determination’’). See Anshan Iron & Steel Co. v. United States, 366 F. Supp. 2d 128 (CIT 2005). Because all litigation in this matter has now concluded, the Department is issuing its amended final determination in accordance with the CIT’s decision. FOR FURTHER INFORMATION CONTACT: Carrie Blozy, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5403. SUPPLEMENTARY INFORMATION: AGENCY: E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Notices Background On September 28, 2001, the Department published the Final Determination, covering the period of investigation (‘‘POI’’) April 1, 2000 through September 30, 2000. On November 29, 2001, the antidumping duty order was published. See Notice of the Antidumping Duty Order: Certain Hot–Rolled Carbon Steel Flat Products From the People’s Republic of China, 66 FR 59561 (November 29, 2001). Anshan Iron & Steel Company, Ltd., New Iron & Steel Company, Ltd., and Angang Group International Trade Corporation (collectively ‘‘Anshan’’), Benxi Iron & Steel Company, Ltd., Benxi Steel Plate Company, Ltd., and Benxi Iron & Steel Group International Economic and Trade Company Ltd. (collectively ‘‘Benxi’’), and Shanghai Baosteel Group Corporation, Baosteel America, Inc., and Baosteel Group International Trade Corporation (‘‘Baosteel’’) (collectively ‘‘Respondents’’) contested various aspects of the Final Determination. On July 16, 2003, the CIT issued its opinion and remanded to the Department two issues in the Final Determination for reconsideration: (1) with respect to the Department’s decision to assign surrogate values to Respondents’ self–produced factors, the CIT ordered the Department to either provide an adequate explanation for its deviation from previous practice, or assign surrogate values to Respondents’ inputs into its self–produced factors; and (2) with respect to the Department’s decision not to treat defective hot–rolled sheet as a byproduct, the Court ordered the Department to adjust Baosteel’s factors–of-production calculations by including defective sheet as merchandise under investigation. See Anshan Iron & Steel Co. v. United States, Slip Op. 03–83 (CIT 2003). Pursuant to the CIT’s decision, the Department issued its remand. See Final Results of Redetermination Pursuant to Remand (November 7, 2003) (available at https://ia.ita.doc.gov). On September 22, 2004, the CIT issued its opinion regarding the Department’s first remand, affirming in part and remanding in part the Department’s results. The CIT ordered the Department: 1) to reopen the record in this case, admit the complete financial statements of the surrogate Indian producer, Tata Iron and Steel Co., Ltd. (‘‘TATA’’), and consider that information in its redetermination; and 2) reconsider its factors–ofproduction analysis by either providing an adequate explanation for its deviation from previous practice, or assigning surrogate values to Respondents’ factors of production for VerDate Aug<31>2005 17:38 Nov 16, 2005 Jkt 208001 their self–produced intermediate inputs. See Anshan Iron & Steel Company, Ltd. v. United States, 358 F. Supp. 2d. 1236 (CIT 2004). The Department complied with the CIT’s request and reopened the record to admit TATA’s complete financial statement. Based on an analysis of this new information, the Department recalculated Respondents’ normal value to assign surrogate values to each of the inputs used by Respondents to self–produce electricity, nitrogen, oxygen, and argon. On January 7, 2005, the Department filed its second remand results. See Final Results of Redetermination Pursuant to Remand (January 7, 2005) (available at https:// ia.ita.doc.gov). On March 15, 2005, the CIT sustained the Department’s second remand results. See Anshan Iron & Steel Co. v. United States, 366 F. Supp. 2d 128 (CIT 2005). Amended Final Determination Because there is now a final and conclusive decision in the court proceeding, we are amending the Final Determination to reflect the results of the second remand determination. The recalculated margins are as follows: Manufacturer/exporter Weighted– average margin (percent) 69735 Dated: November 8, 2005. Stephen J. Claeys, Acting Assistant Secretaryfor Import Administration. [FR Doc. E5–6373 Filed 11–16–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–122–852] Initiation of Antidumping Duty Investigation: Liquid Sulfur Dioxide from Canada Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: November 17, 2005. FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4929 and (202) 482–4007, respectively. SUPPLEMENTARY INFORMATION: AGENCY: INITIATION OF INVESTIGATION The Petition On September 30, 2005, the Department of Commerce (Department) 31.09 received a petition on imports of liquid sulfur dioxide from Canada filed in proper form by Calabrian Corporation (the petitioner) on behalf of the 57.19 domestic industry producing liquid sulfur dioxide1 (Liquid Sulfur Dioxide from Canada: Antidumping Duty Petition dated September 30, 2005 (Petition)). The period of investigation (POI) is July 1, 2004, through June 30, 12.39 2005. In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioner alleged that imports of liquid sulfur dioxide from Canada are being, or are likely to be, sold in the Cash Deposit Requirements United States at less than fair value within the meaning of section 731 of the The Department will direct United States Customs and Border Protection to Act, and that such imports are materially injuring or threaten to injure require, on or after the date of publication of this notice in the Federal an industry in the United States. Register, the cash deposit rates listed Scope of Investigation above for the subject merchandise. The product covered by this These cash deposit requirements, when investigation is technical or commercial imposed, shall remain in effect until publication of the final results of an 1 See Memorandum from the Team to Barbara administrative review of this order. Tillman, Acting Deputy Assistant Secretary: This notice is issued and published in Decision Memorandum Concerning Filing Date of Petition, October 6, 2005, (explaining that the accordance with sections 735(d) and proper filing date is September 30, 2005, as the 777(i) of the Tariff Act of 1930, as petition was filed at the ITC after the noon deadline amended. on September 29). Angang Group International Trade Corporation, .................. New Iron & Steel Co., Ltd.,. and Angang Group Hong Kong Co., Ltd.. Benxi Iron & Steel Group International .................................... Economic & Trade Co., Ltd.,. Bengang Steel Plates Co., Ltd.,. and Benxi Iron & Steel Group Co., Ltd.. Shanghai Baosteel Group Corporation, .................................. Baoshan Iron and Steel Co., Ltd.,. and Baosteel Group International Trade Corporation. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 70, Number 221 (Thursday, November 17, 2005)]
[Notices]
[Pages 69734-69735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6373]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-865]


Certain Hot-Rolled Carbon Steel Flat Products From the People's 
Republic of China; Notice of Amended Final Determination Pursuant to 
Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: November 17, 2005.
SUMMARY: On March 15, 2005, the United States Court of International 
Trade (``CIT'') issued an order sustaining the Department of Commerce's 
(``the Department'') second remand determination of the Final 
Determination of Sales at Less Than Fair Value: Certain Hot Rolled 
Carbon Steel Flat Products from the People's Republic of China, 66 FR 
49632 (September 28, 2001) (``Final Determination''). See Anshan Iron & 
Steel Co. v. United States, 366 F. Supp. 2d 128 (CIT 2005). Because all 
litigation in this matter has now concluded, the Department is issuing 
its amended final determination in accordance with the CIT's decision.

FOR FURTHER INFORMATION CONTACT: Carrie Blozy, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-5403.

SUPPLEMENTARY INFORMATION:

[[Page 69735]]

Background

    On September 28, 2001, the Department published the Final 
Determination, covering the period of investigation (``POI'') April 1, 
2000 through September 30, 2000. On November 29, 2001, the antidumping 
duty order was published. See Notice of the Antidumping Duty Order: 
Certain Hot-Rolled Carbon Steel Flat Products From the People's 
Republic of China, 66 FR 59561 (November 29, 2001). Anshan Iron & Steel 
Company, Ltd., New Iron & Steel Company, Ltd., and Angang Group 
International Trade Corporation (collectively ``Anshan''), Benxi Iron & 
Steel Company, Ltd., Benxi Steel Plate Company, Ltd., and Benxi Iron & 
Steel Group International Economic and Trade Company Ltd. (collectively 
``Benxi''), and Shanghai Baosteel Group Corporation, Baosteel America, 
Inc., and Baosteel Group International Trade Corporation (``Baosteel'') 
(collectively ``Respondents'') contested various aspects of the Final 
Determination.
    On July 16, 2003, the CIT issued its opinion and remanded to the 
Department two issues in the Final Determination for reconsideration: 
(1) with respect to the Department's decision to assign surrogate 
values to Respondents' self-produced factors, the CIT ordered the 
Department to either provide an adequate explanation for its deviation 
from previous practice, or assign surrogate values to Respondents' 
inputs into its self-produced factors; and (2) with respect to the 
Department's decision not to treat defective hot-rolled sheet as a 
byproduct, the Court ordered the Department to adjust Baosteel's 
factors-of-production calculations by including defective sheet as 
merchandise under investigation. See Anshan Iron & Steel Co. v. United 
States, Slip Op. 03-83 (CIT 2003). Pursuant to the CIT's decision, the 
Department issued its remand. See Final Results of Redetermination 
Pursuant to Remand (November 7, 2003) (available at https://
ia.ita.doc.gov). On September 22, 2004, the CIT issued its opinion 
regarding the Department's first remand, affirming in part and 
remanding in part the Department's results. The CIT ordered the 
Department: 1) to reopen the record in this case, admit the complete 
financial statements of the surrogate Indian producer, Tata Iron and 
Steel Co., Ltd. (``TATA''), and consider that information in its 
redetermination; and 2) reconsider its factors-of-production analysis 
by either providing an adequate explanation for its deviation from 
previous practice, or assigning surrogate values to Respondents' 
factors of production for their self-produced intermediate inputs. See 
Anshan Iron & Steel Company, Ltd. v. United States, 358 F. Supp. 2d. 
1236 (CIT 2004). The Department complied with the CIT's request and 
reopened the record to admit TATA's complete financial statement. Based 
on an analysis of this new information, the Department recalculated 
Respondents' normal value to assign surrogate values to each of the 
inputs used by Respondents to self-produce electricity, nitrogen, 
oxygen, and argon. On January 7, 2005, the Department filed its second 
remand results. See Final Results of Redetermination Pursuant to Remand 
(January 7, 2005) (available at https://ia.ita.doc.gov). On March 15, 
2005, the CIT sustained the Department's second remand results. See 
Anshan Iron & Steel Co. v. United States, 366 F. Supp. 2d 128 (CIT 
2005).

Amended Final Determination

    Because there is now a final and conclusive decision in the court 
proceeding, we are amending the Final Determination to reflect the 
results of the second remand determination. The recalculated margins 
are as follows:

------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/exporter                    average margin
                                                            (percent)
------------------------------------------------------------------------
Angang Group International Trade Corporation,..........          31.09
New Iron & Steel Co., Ltd.,............................
and Angang Group Hong Kong Co., Ltd....................
Benxi Iron & Steel Group International.................          57.19
Economic & Trade Co., Ltd.,............................
Bengang Steel Plates Co., Ltd.,........................
and Benxi Iron & Steel Group Co., Ltd..................
Shanghai Baosteel Group Corporation,...................          12.39
Baoshan Iron and Steel Co., Ltd.,......................
and Baosteel Group International Trade Corporation.....
------------------------------------------------------------------------

Cash Deposit Requirements

    The Department will direct United States Customs and Border 
Protection to require, on or after the date of publication of this 
notice in the Federal Register, the cash deposit rates listed above for 
the subject merchandise. These cash deposit requirements, when imposed, 
shall remain in effect until publication of the final results of an 
administrative review of this order.
    This notice is issued and published in accordance with sections 
735(d) and 777(i) of the Tariff Act of 1930, as amended.

    Dated: November 8, 2005.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-6373 Filed 11-16-05; 8:45 am]
BILLING CODE 3510-DS-S