Stainless Steel Plate in Coils from Belgium: Final Results of Antidumping Duty Administrative Review, 72789-72791 [05-23740]
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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entered, or withdrawn from warehouse,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’’)
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13:01 Dec 06, 2005
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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:
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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
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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
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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
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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
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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
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13:01 Dec 06, 2005
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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]
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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]
-----------------------------------------------------------------------
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
