Stainless Steel Plate in Coils from Belgium: Final Results of Antidumping Duty Administrative Review, 72789-72791 [05-23740]

Download as PDF Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices the entered customs values for the subject merchandise on each of that importer’s entries during the POR. For assessment purposes, we will calculate 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 entered value of the sales to that importer during the POR. The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Act: (1) the cash deposit rates for the reviewed companies will be those established above in the ‘‘Final Results of the Review’’ section of this notice, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) if the exporter is not a firm covered in this review, but was covered in a previous review, or the original investigation, 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 previous review, or the original 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 and/or exporters shall continue to be 6.33 percent, the ‘‘all others’’ rate made effective by the less–than-fair–value investigation. See 67 FR 45460 (July 9, 2002). These requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 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 antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding APOs This notice also serves as the only reminder to parties subject to the administrative protective order (‘‘APO’’) VerDate Aug<31>2005 13:01 Dec 06, 2005 Jkt 208001 of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return/destruction of APO material or conversion to judicial protective order is hereby requested. Failure to comply with the regulation and the terms of an APO is a sanctionable violation. This administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: December 1, 2005. Stephen Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. 05–23737 Filed 12–6–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–423–808 Stainless Steel Plate in Coils from Belgium: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: On June 3, 2005, the Department of Commerce (the Department) published the preliminary results of the fifth administrative review of the antidumping duty order on stainless steel plate in coils (SSPC) from Belgium. See Stainless Steel Plate in Coils from Belgium: Preliminary Results of Antidumping Duty Review, 70 FR 32573 (June 3, 2005) (‘‘Preliminary Results’’). This review covers one producer/exporter, Ugine & ALZ Belgium, NV (U&A Belgium), of the subject merchandise. The period of review (POR) is May 1, 2003, through April 30, 2004. Based on our analysis of the comments received, we have made changes to the Preliminary Results. For the final dumping margins see the ‘‘Final Results of Review’’ section below. EFFECTIVE DATE: December 7, 2005. FOR FURTHER INFORMATION CONTACT: Toni Page or Scott Lindsay at (202) 482–1398 or (202) 482–0780, respectively; Office of AD/CVD Operations 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 72789 Background On June 3, 2005, the Department published in the Federal Register the preliminary results of the fifth administrative review of the antidumping duty order on SSPC from Belgium. See Preliminary Results. Since the Preliminary Results, the following events have occurred. On July 14, 2005, U&A Belgium (Respondent) requested that the Department extend the due dates for briefs until July 22, 2005, and rebuttal briefs until July 27, 2005. Based on the reasons in Respondent’s letter, the Department extended the deadline for briefs until July 22, 2005, and the rebuttal briefs until July 29, 2005. Case briefs from Respondent and Allegheny Ludlum, AK Steel Corporation, Butler Armco Independent Union, United Steelworkers of America, AFL–CIO/ CLC, and Zanesville Armco Independent Organization (collectively, Petitioners) were timely filed. In the Preliminary Results, the Department stated that it would issue a supplemental questionnaire to Respondent requesting that it clarify a difference between the volume of sales reported in its database, and the volume and value of entries observed by the Department from U.S. Customs and Border Protection (CBP) data. The Department issued three supplemental questionnaires on this issue and received responses from Respondent on July 1, 2005, to the Department’s May 27, 2005 questionnaire; August 19, 2005, to the Department’s August 2, 2005 questionnaire; and September 21, 2005, and September 27, 2005, (in two parts) to the Department’s September 13, 2005 questionnaire. Petitioners commented on these responses on September 28, 2005, and October 11, 2005. Three of these supplemental questionnaire responses were received after the due dates for case and rebuttal briefs. As such, on October 28, 2005, we established a briefing schedule for the issues that surfaced as a result of Respondent’s questionnaire responses being submitted after the Preliminary Results. On November 4, 2005, and November 9, 2005, we received briefs and rebuttal briefs for the issues raised in Respondent’s supplemental questionnaire responses. Analysis of Comments Received The issues raised in all case briefs, rebuttal briefs, and additional comments by parties to this administrative review are addressed in the Issues and Decision Memorandum for the Final Results of the Fifth Administrative Review of the Antidumping Duty Order on Stainless Steel Plate in Coils from Belgium, from E:\FR\FM\07DEN1.SGM 07DEN1 72790 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices Stephen J. Claeys, Deputy Assistant Secretary for Import Administration to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration (November 30, 2005) (Decision Memorandum), which is hereby adopted by this notice. A list of the issues addressed in the Decision Memorandum is appended to this notice. The Decision Memorandum is on file in the Central Records Unit (CRU), room B–099 of the Department of Commerce main building and can be accessed directly at https:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Scope of the Antidumping Duty Order The product covered by this order is certain stainless steel plate in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject plate products are flat–rolled products, 254 mm or over in width and 4.75 mm or more in thickness, in coils, and annealed or otherwise heat treated and pickled or otherwise descaled. The subject plate may also be further processed (e.g., cold–rolled, polished, etc.) provided that it maintains the specified dimensions of plate following such processing. Excluded from the scope of this order are the following: (1) Plate not in coils; (2) Plate that is not annealed or otherwise heat treated and pickled or otherwise descaled; (3) Sheet and strip; and (4) Flat bars. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to these orders is dispositive. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made VerDate Aug<31>2005 13:01 Dec 06, 2005 Jkt 208001 changes in the calculations for the final dumping margin. The changes made since the Preliminary Results are listed under the ‘‘List of Issues’’ which is appended to this notice. The changes are discussed in detail in the Decision Memorandum and the Memorandum to the File Through Thomas Gilgunn from Toni Page and Scott Lindsay: Analysis for Ugine & ALZ, N.V. Belgium (U&A Belgium) for the Final Results of the Fifth Administrative Review of Stainless Steel Plate in Coils (SSPC) from Belgium (November 30, 2005) (Final Analysis Memo). Use of Facts Available The record of this review shows that Respondent did not report certain sales of SSPC with a nominal thickness of 4.75 mm or greater. Section 776(a)(2)(A) of the Act provides that the Department shall use facts otherwise available if a respondent ‘‘withholds information that has been requested by the administering authority.’’ Since Respondent has withheld information requested by the Department, the application of partial facts otherwise available under section 776(a)(2)(A) of the Act is warranted. However, we note that Respondent’s decision to exclude sales of nominal SSPC in this review relied, in part, on the Department’s acceptance of Respondent’s exclusion of nominal SSPC sales in prior reviews of this order. As such, the Department is not applying adverse facts available pursuant to section 776(b) of the Act. See the Decision Memorandum at Comment 9 for a more complete discussion of the Department’s analysis. As partial facts available, we have applied the weighted–averaged margin calculated using U&A Belgium’s reported U.S. sales to U&A Belgium’s unreported sales of nominal SSPC. For a more complete discussion of the Department’s use of partial facts otherwise available, see the public version of Final Analysis Memo. Final Results of Review As a result of our review, we determine that the following weighted– average margin exists for the period May 1, 2003, through April 30, 2004: Manufacturer/Exporter Ugine & ALZ Belgium, NV .......... Margin (percent) 2.96 Duty Assessment The Department shall determine and CBP shall assess antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), the Department calculates an assessment rate for each PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 importer of the subject merchandise for each respondent. Upon issuance of the final results of this administrative review, if any importer–specific assessment rates calculated in the final results are above de minimis (i.e., at or above 0.5 percent), the Department will issue appraisement instructions directly to CBP to assess antidumping duties on appropriate entries. To determine whether the duty assessment rates covering the period were de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), for each respondent we calculated importer (or customer)specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to that importer or customer and dividing this amount by the total value of the sales to that importer (or customer). Where an importer (or customer)-specific ad valorem rate is greater than de minimis, and the respondent has reported reliable entered values, we apply the assessment rate to the entered value of the importer’s/ customer’s entries during the review period. Where an importer (or customer)- specific ad valorem rate is greater than de minimis and we do not have reliable entered values, we calculate a per–unit assessment rate by aggregating the dumping duties due for all U.S. sales to each importer (or customer) and dividing this amount by the total quantity sold to that importer (or customer). The Department will issue appropriate assessment instructions directly to CBP within 15 days of the final results of this review. Cash Deposit Requirements The following antidumping duty deposit rates will be effective upon publication of the final results of this administrative review for all shipments of SSPC from Belgium entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided for by section 751(a)(1) of the Act: (1) for U&A Belgium, the cash deposit rate will be the rate established in the final results of this review; (2) if the exporter is not a firm covered in this review, but was covered in a previous review or the original less–than-fair–value (LTFV) investigation, the cash deposit rate will continue to be the company–specific rate established for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the 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 subject merchandise; and (4) if neither the exporter nor the E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Notices manufacturer is a firm covered by this review, a prior review, or the LTFV investigation, the cash deposit rate shall be the all others rate established in the LTFV investigation, which is 9.86 percent ad valorem, the ‘‘all others’’ rate. See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Plate in Coils from Belgium, 64 FR 15476 (March 31, 1999). These deposit rates, when imposed, shall remain in effect until publication of the final results of the next administrative review. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 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 antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding APOs This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(5). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 30, 2005. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. APPENDIX List of Issues 1. Major Inputs 2. U.S. Warehousing Expenses 3. Offsetting Margins with Above– Normal-Value Transactions 4. Prime and Non–Prime Merchandise 5. Revised Entered Values 6. CEP Offset 7. Duty Assessment 8. Whether Sales of SSPC with a Nominal Thickness of 4.75 mm or Greater Regardless of Actual Thickness Should Have Been Reported VerDate Aug<31>2005 13:01 Dec 06, 2005 Jkt 208001 9. Application of Facts Available [FR Doc. 05–23740 Filed 12–6–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Fisheries of the Exclusive Economic Zone Off Alaska; Public Workshop National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public workshop. AGENCY: SUMMARY: NMFS will present a workshop on proposed catchmonitoring standards for the nonAmerican Fisheries Act (AFA) trawl catcher/processor sector. These standards are necessary to support proposed groundfish and prohibited species allocations to these sectors that are under consideration by the North Pacific Fishery Management Council. DATES: The workshop will be held on December 16, 2005, from 10 a.m. to 1 p.m. local time. ADDRESSES: The workshop will be held at the Nordby Center, in Fishermen’s terminal, 1711 W Nickerson St., Seattle, WA. FOR FURTHER INFORMATION CONTACT: Alan Kinsolving, 928–774–4362. SUPPLEMENTARY INFORMATION: The North Pacific Fisheries Management Council is developing proposed Amendment 80 to the Groundfish of the Bering Sea and Aleutian Islands Management Area Fishery Management Plan (FMP). Amendment 80 would allocate prohibited species and target species other than Pacific cod and pollock to trawl catcher/processor vessels that are not qualified to fish for pollock under the AFA. One aspect of the analysis of alternatives being developed for Amendment 80 includes options for catch monitoring, weighing, and accounting standards for the non-AFA trawl catcher/processor sector. On June 27, 2005, NMFS conducted a workshop on the proposed standards and obtained comments from industry on various options. NMFS is conducting the December 16, 2005, workshop so that interested industry members may provide further guidance to NMFS on the development and implementation of these standards. This workshop is physically accessible to people with disabilities. Requests for sign language Frm 00014 interpretation or other auxiliary aids should be directed to Alan Kinsolving (see FOR FURTHER INFORMATION). Dated: December 1, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–23736 Filed 12–6–05; 8:45 am] BILLING CODE 3510–22–S [I.D. 112305C] PO 00000 72791 Fmt 4703 Sfmt 4703 DEPARTMENT OF EDUCATION Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students; Overview Information; Native American and Alaska Native Children in School Program; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2006 Catalog of Federal Domestic Assistance (CFDA) Number: 84.365C. Dates: Applications Available: December 5, 2005. Deadline for Notice of Intent to Apply: December 30, 2005. Deadline for Transmittal of Applications: January 18, 2006. Deadline for Intergovernmental Review: March 18, 2006. Eligible Applicants: The following entities, when they operate elementary, secondary, and postsecondary schools primarily for Native American children (including Alaska Native children), are eligible applicants under this program: Indian tribes; tribally sanctioned educational authorities; Native Hawaiian or Native American Pacific Islander native language educational organizations; elementary schools or secondary schools that are operated or funded by the Bureau of Indian Affairs (BIA), or a consortium of such schools; elementary schools or secondary schools operated under a contract with or grant from the BIA in consortium with another such school or a tribal or community organization; and elementary schools or secondary schools operated by the BIA and an institution of higher education (IHE), in consortium with elementary schools or secondary schools operated under a contract with or a grant from the BIA or a tribal or community organization. Note: Any eligible entity that receives Federal financial assistance under this program is not eligible to receive a subgrant under section 3114 of Title III of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (Pub. L. 107– 110)(NCLB). E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Notices]
[Pages 72789-72791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23740]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-423-808


Stainless Steel Plate in Coils from Belgium: Final Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On June 3, 2005, the Department of Commerce (the Department) 
published the preliminary results of the fifth administrative review of 
the antidumping duty order on stainless steel plate in coils (SSPC) 
from Belgium. See Stainless Steel Plate in Coils from Belgium: 
Preliminary Results of Antidumping Duty Review, 70 FR 32573 (June 3, 
2005) (``Preliminary Results''). This review covers one producer/
exporter, Ugine & ALZ Belgium, NV (U&A Belgium), of the subject 
merchandise. The period of review (POR) is May 1, 2003, through April 
30, 2004. Based on our analysis of the comments received, we have made 
changes to the Preliminary Results. For the final dumping margins see 
the ``Final Results of Review'' section below.

EFFECTIVE DATE: December 7, 2005.

FOR FURTHER INFORMATION CONTACT: Toni Page or Scott Lindsay at (202) 
482-1398 or (202) 482-0780, respectively; Office of AD/CVD Operations 
6, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 3, 2005, the Department published in the Federal Register 
the preliminary results of the fifth administrative review of the 
antidumping duty order on SSPC from Belgium. See Preliminary Results. 
Since the Preliminary Results, the following events have occurred. On 
July 14, 2005, U&A Belgium (Respondent) requested that the Department 
extend the due dates for briefs until July 22, 2005, and rebuttal 
briefs until July 27, 2005. Based on the reasons in Respondent's 
letter, the Department extended the deadline for briefs until July 22, 
2005, and the rebuttal briefs until July 29, 2005. Case briefs from 
Respondent and Allegheny Ludlum, AK Steel Corporation, Butler Armco 
Independent Union, United Steelworkers of America, AFL-CIO/CLC, and 
Zanesville Armco Independent Organization (collectively, Petitioners) 
were timely filed.
    In the Preliminary Results, the Department stated that it would 
issue a supplemental questionnaire to Respondent requesting that it 
clarify a difference between the volume of sales reported in its 
database, and the volume and value of entries observed by the 
Department from U.S. Customs and Border Protection (CBP) data. The 
Department issued three supplemental questionnaires on this issue and 
received responses from Respondent on July 1, 2005, to the Department's 
May 27, 2005 questionnaire; August 19, 2005, to the Department's August 
2, 2005 questionnaire; and September 21, 2005, and September 27, 2005, 
(in two parts) to the Department's September 13, 2005 questionnaire. 
Petitioners commented on these responses on September 28, 2005, and 
October 11, 2005. Three of these supplemental questionnaire responses 
were received after the due dates for case and rebuttal briefs. As 
such, on October 28, 2005, we established a briefing schedule for the 
issues that surfaced as a result of Respondent's questionnaire 
responses being submitted after the Preliminary Results. On November 4, 
2005, and November 9, 2005, we received briefs and rebuttal briefs for 
the issues raised in Respondent's supplemental questionnaire responses.

Analysis of Comments Received

    The issues raised in all case briefs, rebuttal briefs, and 
additional comments by parties to this administrative review are 
addressed in the Issues and Decision Memorandum for the Final Results 
of the Fifth Administrative Review of the Antidumping Duty Order on 
Stainless Steel Plate in Coils from Belgium, from

[[Page 72790]]

Stephen J. Claeys, Deputy Assistant Secretary for Import Administration 
to Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration (November 30, 2005) (Decision Memorandum), which is 
hereby adopted by this notice. A list of the issues addressed in the 
Decision Memorandum is appended to this notice. The Decision Memorandum 
is on file in the Central Records Unit (CRU), room B-099 of the 
Department of Commerce main building and can be accessed directly at 
https://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Scope of the Antidumping Duty Order

    The product covered by this order is certain stainless steel plate 
in coils. Stainless steel is an alloy steel containing, by weight, 1.2 
percent or less of carbon and 10.5 percent or more of chromium, with or 
without other elements. The subject plate products are flat-rolled 
products, 254 mm or over in width and 4.75 mm or more in thickness, in 
coils, and annealed or otherwise heat treated and pickled or otherwise 
descaled. The subject plate may also be further processed (e.g., cold-
rolled, polished, etc.) provided that it maintains the specified 
dimensions of plate following such processing. Excluded from the scope 
of this order are the following: (1) Plate not in coils; (2) Plate that 
is not annealed or otherwise heat treated and pickled or otherwise 
descaled; (3) Sheet and strip; and (4) Flat bars.
    The merchandise subject to this order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTSUS) at 
subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 
7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 
7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 
7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 
7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 
7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 
7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise subject to these orders is 
dispositive.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
changes in the calculations for the final dumping margin. The changes 
made since the Preliminary Results are listed under the ``List of 
Issues'' which is appended to this notice. The changes are discussed in 
detail in the Decision Memorandum and the Memorandum to the File 
Through Thomas Gilgunn from Toni Page and Scott Lindsay: Analysis for 
Ugine & ALZ, N.V. Belgium (U&A Belgium) for the Final Results of the 
Fifth Administrative Review of Stainless Steel Plate in Coils (SSPC) 
from Belgium (November 30, 2005) (Final Analysis Memo).

Use of Facts Available

    The record of this review shows that Respondent did not report 
certain sales of SSPC with a nominal thickness of 4.75 mm or greater. 
Section 776(a)(2)(A) of the Act provides that the Department shall use 
facts otherwise available if a respondent ``withholds information that 
has been requested by the administering authority.'' Since Respondent 
has withheld information requested by the Department, the application 
of partial facts otherwise available under section 776(a)(2)(A) of the 
Act is warranted. However, we note that Respondent's decision to 
exclude sales of nominal SSPC in this review relied, in part, on the 
Department's acceptance of Respondent's exclusion of nominal SSPC sales 
in prior reviews of this order. As such, the Department is not applying 
adverse facts available pursuant to section 776(b) of the Act. See the 
Decision Memorandum at Comment 9 for a more complete discussion of the 
Department's analysis. As partial facts available, we have applied the 
weighted-averaged margin calculated using U&A Belgium's reported U.S. 
sales to U&A Belgium's unreported sales of nominal SSPC.
    For a more complete discussion of the Department's use of partial 
facts otherwise available, see the public version of Final Analysis 
Memo.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period May 1, 2003, through 
April 30, 2004:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
Ugine & ALZ Belgium, NV.....................................        2.96
------------------------------------------------------------------------

Duty Assessment

    The Department shall determine and CBP shall assess antidumping 
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), 
the Department calculates an assessment rate for each importer of the 
subject merchandise for each respondent. Upon issuance of the final 
results of this administrative review, if any importer-specific 
assessment rates calculated in the final results are above de minimis 
(i.e., at or above 0.5 percent), the Department will issue appraisement 
instructions directly to CBP to assess antidumping duties on 
appropriate entries.
    To determine whether the duty assessment rates covering the period 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), for each respondent we calculated importer (or 
customer)- specific ad valorem rates by aggregating the dumping margins 
calculated for all U.S. sales to that importer or customer and dividing 
this amount by the total value of the sales to that importer (or 
customer). Where an importer (or customer)-specific ad valorem rate is 
greater than de minimis, and the respondent has reported reliable 
entered values, we apply the assessment rate to the entered value of 
the importer's/customer's entries during the review period. Where an 
importer (or customer)- specific ad valorem rate is greater than de 
minimis and we do not have reliable entered values, we calculate a per-
unit assessment rate by aggregating the dumping duties due for all U.S. 
sales to each importer (or customer) and dividing this amount by the 
total quantity sold to that importer (or customer). The Department will 
issue appropriate assessment instructions directly to CBP within 15 
days of the final results of this review.

Cash Deposit Requirements

    The following antidumping duty deposit rates will be effective upon 
publication of the final results of this administrative review for all 
shipments of SSPC from Belgium entered, or withdrawn from warehouse, 
for consumption on or after the publication date of these final 
results, as provided for by section 751(a)(1) of the Act: (1) for U&A 
Belgium, the cash deposit rate will be the rate established in the 
final results of this review; (2) if the exporter is not a firm covered 
in this review, but was covered in a previous review or the original 
less-than-fair-value (LTFV) investigation, the cash deposit rate will 
continue to be the company-specific rate established for the most 
recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the 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 subject merchandise; and (4) 
if neither the exporter nor the

[[Page 72791]]

manufacturer is a firm covered by this review, a prior review, or the 
LTFV investigation, the cash deposit rate shall be the all others rate 
established in the LTFV investigation, which is 9.86 percent ad 
valorem, the ``all others'' rate. See Notice of Final Determination of 
Sales at Less Than Fair Value: Stainless Steel Plate in Coils from 
Belgium, 64 FR 15476 (March 31, 1999). These deposit rates, when 
imposed, shall remain in effect until publication of the final results 
of the next administrative review.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 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 antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(5). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 30, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

APPENDIX

List of Issues

1. Major Inputs
2. U.S. Warehousing Expenses
3. Offsetting Margins with Above-Normal-Value Transactions
4. Prime and Non-Prime Merchandise
5. Revised Entered Values
6. CEP Offset
7. Duty Assessment
8. Whether Sales of SSPC with a Nominal Thickness of 4.75 mm or Greater 
Regardless of Actual Thickness Should Have Been Reported
9. Application of Facts Available
[FR Doc. 05-23740 Filed 12-6-05; 8:45 am]
BILLING CODE 3510-DS-S