Stainless Steel Plate in Coils from Taiwan; Final Rescission of Antidumping Duty Administrative Review, 73205-73206 [05-23877]

Download as PDF Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Notices the U.S. sales, as certified by the Federal Reserve Bank. Preliminary Results of Review As a result of our review, we preliminarily determine the weightedaverage dumping margin for the period November 1, 2003, through October 31, 2004, to be as follows: Manufacturer / Exporter Margin (percent) Sahaviriya Steel Industries Public Company Limited 0.01 (de minimis) The Department will disclose calculations performed in connection with these preliminary results of review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs and/or written comments no later than 30 days after the date of publication of these preliminary results of review. Rebuttal briefs and rebuttals to written comments, limited to issues raised in the case briefs and comments, may be filed no later than 35 days after the date of publication of this notice. Parties who submit argument in these proceedings are requested to submit with the argument: 1) a statement of the issue, 2) a brief summary of the argument, and (3) a table of authorities. An interested party may request a hearing within 30 days of publication. See section 351.310(c) of the Department’s regulations. Any hearing, if requested, will be held 37 days after the date of publication, or the first business day thereafter, unless the Department alters the date. The Department will issue the final results of these preliminary results, including the results of our analysis of the issues raised in any such written comments or at a hearing, within 120 days of publication of these preliminary results. Assessment Rates Cash Deposit Requirements If the final results remain unchanged from these preliminary results, no future cash deposits will be required for the subject merchandise with respect to SSI. 14:22 Dec 08, 2005 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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. We are issuing and publishing this notice 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. [FR Doc. 05–23876 Filed 12–8–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. Pursuant to section 351.212(b) of the Department’s regulations, the Department calculates an assessment rate for each importer of the subject merchandise for each respondent. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the final results of review. VerDate Aug<31>2005 For all other previously reviewed or investigated companies not part of this administrative review, or exporters not covered by this review who sell subject merchandise produced by a manufacturer who is subject to this or any other review or the less than fair value (LTFV) investigation, but not a part of this administrative review, pursuant to 751(a)(1) of the Act, the cash deposit rate will be the companyspecific rate established for the most recent period. If neither the exporter nor the manufacturer is a firm covered in this review, any previous reviews, or the LTFV investigation, the cash deposit rate will be 3.86 percent, the ‘‘all others’’ rate established in the LTFV investigation. See Hot Rolled Steel Order. These deposit rates, when imposed, shall remain in effect until publication of the final results of the next administrative review. Jkt 208001 International Trade Administration (A–583–830) Stainless Steel Plate in Coils from Taiwan; Final Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 9, 2005. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Nichole Zink, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of AGENCY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 73205 Commerce, 14th Street and Constitution Avenue, NW., Washington, DC, 20230; telephone (202) 482–3874 or (202) 482– 0049, respectively. SUPPLEMENTARY INFORMATION: Background This review covers the following fifteen manufacturers/exporters: Chain Chon Industrial Co., Ltd., Chang Mien Industries Co., Ltd., Chien Shing Stainless Steel Co., Ltd., China Steel Corporation, East Tack Enterprise Co., Goang Jau Shing Enterprise Co., Ltd., PFP Taiwan Co., Ltd., Shing Shong Ta Metal Ind. Co., Ltd., Sinkang Industries, Ltd., Ta Chen Stainless Pipe Ltd. (Ta Chen), Tang Eng Iron Works Co., Ltd., Yieh Loong Enterprise Co., Yieh Mau Corp., Yieh Trading Co., and Yieh United Steel Corp. On June 7, 2005, the Department published in the Federal Register the preliminary rescission of administrative review on stainless steel plate in coils from Taiwan. See Stainless Steel Plate in Coils from Taiwan; Preliminary Rescission of Antidumping Duty Administrative Review, 70 FR 33083 (June 7, 2005) (Preliminary Results). We invited parties to comment on our preliminary rescission of this administrative review. In July 2005, we received a case brief from the petitioners (Allegheny Ludlum Corp., United Auto Workers Local 3303, Zanesville Armco Independent Organization, the United Steelworkers of America, and AFL–CIO/ CLC). On October 5, 2005, the Department postponed the final results of the administrative review. See Stainless Steel Plate in Coils from Taiwan; Notice of Extension of Time Limits for Final Results of Antidumping Duty Administrative Review, 70 FR 58189 (Oct. 5, 2005). On October 31, 2005, we placed new factual information on the record of this administrative review, and we invited parties to comment on it. On November 7, 2005, the petitioners submitted a letter in accordance with this request. However, on November 10, 2005, we rejected the petitioners’ submission because we determined that it was not directly related to the new factual information, but instead contained both new information and argumentation related to the general issue raised in their case brief. Therefore, we found that the petitioners’ submission was unresponsive and thus it constituted untimely filed new factual information and argument pursuant to 19 CFR 351.301(b)(2). After examining the information on the record, we continue to find that none of the companies noted above had E:\FR\FM\09DEN1.SGM 09DEN1 73206 Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Notices any entries of subject merchandise during this period of review (POR). Consequently, in accordance with 19 CFR 351.213(d)(3) and consistent with our practice, we are rescinding this administrative review. For further discussion, see the ‘‘Rescission of Review’’ section of this notice, below. See also Comment 1 of the ‘‘Issues and Decision Memorandum’’ (Decision Memo) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated December 5, 2005. Scope of the 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: 7219110030, 7219110060, 7219120006, 7219120021, 7219120026, 7219120051, 7219120056, 7219120066, 7219120071, 7219120081, 7219310010, 7219900010, 7219900020, 7219900025, 7219900060, 7219900080, 7220110000, 7220201010, 7220201015, 7220201060, 7220201080, 7220206005, 7220206010, 7220206015, 7220206060, 7220206080, 7220900010, 7220900015, 7220900060, and 7220900080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this order is dispositive. Period of Review The POR is May 1, 2003, through April 30, 2004. Rescission of Review As noted above, none of the companies listed in this review had any shipments and/or entries of subject merchandise into the United States VerDate Aug<31>2005 14:22 Dec 08, 2005 Jkt 208001 during the POR. We confirmed this with Customs and Border Protections (CBP) data. Therefore, in accordance with 19 CFR 351.213(d)(3) and consistent with the Department’s practice, we are rescinding our review of the antidumping duty order on stainless steel plate in coils from Taiwan for the period of May 1, 2003, through April 30, 2004. See, e.g., Certain Steel Concrete Reinforcing Bars From Turkey; Final Results, Rescission of Antidumping Duty Administrative Review in Part, and Determination To Revoke in Part, 70 FR 67665, 67666 (Nov. 8, 2005). We note that in Brake Rotors From the People’s Republic of China: Final Results and Partial Rescission of the Seventh Administrative Review; Final Results of the Eleventh New Shipper Review, 70 FR 69937 (Nov. 18, 2005) (Brake Rotors from the PRC) and accompanying Issues and Decision Memorandum at Comment 8, the Department recently stated that it will not rely on CBP data as a ‘‘dispositive source of data on company exports. Accordingly, it is the responsibility of the respondent to report to the Department that it has not made any U.S. shipments.’’ Because the Department previously relied on CBP data in this proceeding to demonstrate that the respondents made no U.S. shipments of subject merchandise during the POR, we will continue to do so for this final rescission. In future segments of this proceeding, however, the Department will apply the practice set forth in Brake Rotors from the PRC. Analysis of Comments Received All issues raised in the case briefs by parties to this administrative review and to which we have responded are listed in the Appendix to this notice and addressed in the Decision Memo, which is adopted by this notice. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit, room B–099, of the main Department building. In addition, a complete version of the Decision Memo can be accessed directly on the Department’s website at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of return/destruction of APO materials or conversion to judicial PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this determination and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: December 5, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. Appendix – Issues in Decision Memorandum Comment 1. Entries by Affiliated Parties [FR Doc. 05–23877 Filed 12–8–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic And Atmospheric Administration [Docket No. 050317077–5319–02] Environmental Literacy Grants Office of Education (OEd), Office of the Undersecretary of Commerce for Oceans and Atmosphere (USEC), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice and request for proposals. AGENCY: SUMMARY: The NOAA Office of Education (OEd) is issuing a request for applications for environmental literacy projects. Projects selected for funding will have a duration between one and five years and will (1) further the use and incorporation of the Ocean Literacy Essential Principles and Fundamental Concepts in formal and informal education and/or measure ocean literacy among the public; or (2) strengthen the capacity to develop a workforce knowledgeable in weather and climate. All projects shall employ the strategies articulated in the NOAA Education Plan and involve NOAA entities as partners. It is anticipated that final recommendations for funding under this announcement will be made by June 30, 2006, and that projects funded under this announcement will have a start date no earlier than September 1, 2006. DATES: Letters of Interest are required for all applications and must be received by 5 p.m., e.s.t., January 25, 2006. The deadline for full applications is 5 p.m., e.s.t. on March 1, 2006. ADDRESSES: Letters of Interest should be submitted to Sarah Schoedinger at sarah.schoedinger@noaa.gov. If an E:\FR\FM\09DEN1.SGM 09DEN1

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[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Notices]
[Pages 73205-73206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23877]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-583-830)


Stainless Steel Plate in Coils from Taiwan; Final Rescission of 
Antidumping Duty Administrative Review

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

EFFECTIVE DATE: December 9, 2005.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Nichole Zink, 
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-
3874 or (202) 482-0049, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers the following fifteen manufacturers/exporters: 
Chain Chon Industrial Co., Ltd., Chang Mien Industries Co., Ltd., Chien 
Shing Stainless Steel Co., Ltd., China Steel Corporation, East Tack 
Enterprise Co., Goang Jau Shing Enterprise Co., Ltd., PFP Taiwan Co., 
Ltd., Shing Shong Ta Metal Ind. Co., Ltd., Sinkang Industries, Ltd., Ta 
Chen Stainless Pipe Ltd. (Ta Chen), Tang Eng Iron Works Co., Ltd., Yieh 
Loong Enterprise Co., Yieh Mau Corp., Yieh Trading Co., and Yieh United 
Steel Corp.
    On June 7, 2005, the Department published in the Federal Register 
the preliminary rescission of administrative review on stainless steel 
plate in coils from Taiwan. See Stainless Steel Plate in Coils from 
Taiwan; Preliminary Rescission of Antidumping Duty Administrative 
Review, 70 FR 33083 (June 7, 2005) (Preliminary Results).
    We invited parties to comment on our preliminary rescission of this 
administrative review. In July 2005, we received a case brief from the 
petitioners (Allegheny Ludlum Corp., United Auto Workers Local 3303, 
Zanesville Armco Independent Organization, the United Steelworkers of 
America, and AFL-CIO/CLC).
    On October 5, 2005, the Department postponed the final results of 
the administrative review. See Stainless Steel Plate in Coils from 
Taiwan; Notice of Extension of Time Limits for Final Results of 
Antidumping Duty Administrative Review, 70 FR 58189 (Oct. 5, 2005).
    On October 31, 2005, we placed new factual information on the 
record of this administrative review, and we invited parties to comment 
on it. On November 7, 2005, the petitioners submitted a letter in 
accordance with this request. However, on November 10, 2005, we 
rejected the petitioners' submission because we determined that it was 
not directly related to the new factual information, but instead 
contained both new information and argumentation related to the general 
issue raised in their case brief. Therefore, we found that the 
petitioners' submission was unresponsive and thus it constituted 
untimely filed new factual information and argument pursuant to 19 CFR 
351.301(b)(2).
    After examining the information on the record, we continue to find 
that none of the companies noted above had

[[Page 73206]]

any entries of subject merchandise during this period of review (POR). 
Consequently, in accordance with 19 CFR 351.213(d)(3) and consistent 
with our practice, we are rescinding this administrative review. For 
further discussion, see the ``Rescission of Review'' section of this 
notice, below. See also Comment 1 of the ``Issues and Decision 
Memorandum'' (Decision Memo) from Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, to Joseph A. Spetrini, Acting 
Assistant Secretary for Import Administration, dated December 5, 2005.

Scope of the 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: 7219110030, 7219110060, 7219120006, 7219120021, 
7219120026, 7219120051, 7219120056, 7219120066, 7219120071, 7219120081, 
7219310010, 7219900010, 7219900020, 7219900025, 7219900060, 7219900080, 
7220110000, 7220201010, 7220201015, 7220201060, 7220201080, 7220206005, 
7220206010, 7220206015, 7220206060, 7220206080, 7220900010, 7220900015, 
7220900060, and 7220900080. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise subject to this order is dispositive.

Period of Review

    The POR is May 1, 2003, through April 30, 2004.

Rescission of Review

    As noted above, none of the companies listed in this review had any 
shipments and/or entries of subject merchandise into the United States 
during the POR. We confirmed this with Customs and Border Protections 
(CBP) data. Therefore, in accordance with 19 CFR 351.213(d)(3) and 
consistent with the Department's practice, we are rescinding our review 
of the antidumping duty order on stainless steel plate in coils from 
Taiwan for the period of May 1, 2003, through April 30, 2004. See, 
e.g., Certain Steel Concrete Reinforcing Bars From Turkey; Final 
Results, Rescission of Antidumping Duty Administrative Review in Part, 
and Determination To Revoke in Part, 70 FR 67665, 67666 (Nov. 8, 2005).
    We note that in Brake Rotors From the People's Republic of China: 
Final Results and Partial Rescission of the Seventh Administrative 
Review; Final Results of the Eleventh New Shipper Review, 70 FR 69937 
(Nov. 18, 2005) (Brake Rotors from the PRC) and accompanying Issues and 
Decision Memorandum at Comment 8, the Department recently stated that 
it will not rely on CBP data as a ``dispositive source of data on 
company exports. Accordingly, it is the responsibility of the 
respondent to report to the Department that it has not made any U.S. 
shipments.'' Because the Department previously relied on CBP data in 
this proceeding to demonstrate that the respondents made no U.S. 
shipments of subject merchandise during the POR, we will continue to do 
so for this final rescission. In future segments of this proceeding, 
however, the Department will apply the practice set forth in Brake 
Rotors from the PRC.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review and to which we have responded are listed in the 
Appendix to this notice and addressed in the Decision Memo, which is 
adopted by this notice. Parties can find a complete discussion of all 
issues raised in this review and the corresponding recommendations in 
this public memorandum, which is on file in the Central Records Unit, 
room B-099, of the main Department building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Department's website at http://ia.ita.doc.gov/
frn. The paper copy and electronic version of the Decision Memo are 
identical in content.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: December 5, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix - Issues in Decision Memorandum

Comment
1. Entries by Affiliated Parties
[FR Doc. 05-23877 Filed 12-8-05; 8:45 am]
BILLING CODE 3510-DS-S