Certain Corrosion-Resistant Carbon Steel Flat Products From France: Notice of Intent To Rescind Administrative Review, 73433-73435 [E5-7233]
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Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Notices
Foreign-Trade Zones Act (19 U.S.C.
81a–81u), and the regulations of the
Board (15 CFR Part 400). It was formally
filed on November 29, 2005.
FTZ 68 was approved on April 14,
1981 (Board Order 175, 46 FR 22918; 4/
22/81). On September 30, 1982, the
grant of authority was reissued to the
City of El Paso, Texas (Board Order 193,
47 FR 45065, 10/13/82). The zone was
expanded in 1984 (Board Order 255, 49
FR 22842, 6/1/84); in 1991 (Board Order
504, 56 FR 1166, 1/11/91); in 1999
(Board Order 1019, 64 FR 5765, 2/5/99);
and, in 2000 (Board Order 1119, 65 FR
57167, 9/21/00).
FTZ 68 currently consists of five sites
(3,003 acres) in the El Paso, Texas, area:
Site 1 (590 acres)—El Paso Airport’s
Butterfield Trail Industrial Park; Site 2
(832 acres)—Lower Valley Site,
including the Americas Avenue/
Zaragosa Bridge Industrial Parks located
at the Pan American Center for Industry
(281 acres), El Paso Public Service
Board Park (51 acres), Ivey
Development/AAA Park (90 acres),
Yselta Industrial Park (64 acres),
Americas Industrial Park and two
adjacent parcels (200 acres), and
Socorro Industrial Development (145
acres); Site 3 (1,356 acres)—East Region
Site includes the Eastern Region
Industrial Park sites located at Americas
Avenue and Interstate 10 in eastern El
Paso (579 acres), the entire 10/375
Industrial Park and two adjacent parcels
(210 acres), 335-acre tract within the
2,230-acre Vista del Sol Industrial Park,
and a 232-acre parcel located at
Montana Avenue, east of Loop 375; Site
4 (130 acres)—Copperfield Industrial
Park located on Hawkins Boulevard at
Tony Lama Street in Central El Paso;
and; Site 5 (95 acres)—WWF Industries
Park located on Highway 54 in
northeastern El Paso.
The applicant is now requesting
authority to expand Site 1 to include the
475-acre city-owned El Paso
International Airport Air Cargo Complex
and adjacent industrial park (new total
- 1,065 acres). The proposed site is
suitable for warehousing, distribution,
assembly and light manufacturing
activities. The applicant is also
requesting authority to remove 35 acres
from zone status at Site 2–Ivey
Development/AAA Park (new total - 55
acres) due to changed circumstances
(new Site 2 total - 796 acres). No
specific manufacturing requests are
being made at this time. Such requests
would be made to the Board on a caseby case basis.
In accordance with the Board’s
regulations, a member of the FTZ Staff
has been designated examiner to
VerDate Aug<31>2005
17:51 Dec 09, 2005
Jkt 208001
investigate the application and report to
the Board.
Public comment on the application is
invited from interested parties.
Submissions (original and 3 copies)
shall be addressed to the Board’s
Executive Secretary at one of the
following addresses:
1. Submissions via Express/Package
Delivery Services: Foreign-Trade Zones
Board, U.S. Department of Commerce,
Franklin Court Building-Suite 4100W,
1099 14th Street, NW., Washington, DC
20005; or,
2. Submissions via the U.S. Postal
Service: Foreign-Trade Zones Board,
U.S. Department of Commerce, FCB–
Suite 4100W, 1401 Constitution
Avenue, NW., Washington, DC 20230.
The closing period for their receipt is
February 10, 2006. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period (to February 27, 2006).
A copy of the application and
accompanying exhibits will be available
during this time for public inspection at
the Office of the Foreign-Trade Zones
Board’s Executive Secretary at the first
address listed above, and at the City of
El Paso, 501 George Perry Boulevard,
Suite 1, El Paso, Texas 79906.
Dated: November 30, 2005.
Dennis Puccinelli,
Executive Secretary.
[FR Doc. 05–23922 Filed 12–9–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–808]
Certain Corrosion-Resistant Carbon
Steel Flat Products From France:
Notice of Intent To Rescind
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 28, 2005, the
Department of Commerce (the
Department) published a notice of
initiation of an administrative review of
the antidumping duty (AD) order on
certain corrosion-resistant carbon steel
flat products (CORE) from France for the
period August 1, 2004, through July 31,
2005. The Department intends to
rescind this review after determining
that the party subject to this review did
not have entries during the period of
review (POR) upon which to assess
antidumping duties.
EFFECTIVE DATE: December 12, 2005.
AGENCY:
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
73433
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey or Dena Aliadinov, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0193 or (202) 482–
3362, respectively.
SUPPLEMENTARY INFORMATION: On August
1, 2005, the Department published a
notice of opportunity to request an
administrative review of the
antidumping duty order on CORE from
France for the period August 1, 2004,
through July 31, 2005. See Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation;
Opportunity to Request Administrative
Review, 70 FR 44085 (August 1, 2005).
On August 31, 2005, United States Steel
Corporation, petitioner, and Duferco
Coating SA and Sorral SA, French
producers and exporters of the subject
merchandise, and Duferco Steel, Inc.
(the U.S. importer of subject
merchandise exported to the United
States by Duferco Coating SA and Sorral
SA) (collectively ‘‘Duferco’’), made
timely requests that the Department
conduct an administrative review of
Duferco.1 In its August 31, 2005,
submission, Duferco requested that the
Department conduct a review of its sale
of subject merchandise to an
unaffiliated customer during the POR,
pursuant to section 351.213(e)(1), which
states that an administrative review
‘‘normally will cover, as appropriate,
entries, exports, or sales of subject
merchandise during the 12 months
immediately preceding the most recent
anniversary month.’’ Duferco also
requested that the Department rely on
the entry summary date (August 11,
2004) for administrative review
purposes, or align the AD administrative
review period with the countervailing
duty review period (i.e., initiate an AD
review for the period January 1, 2004,
through December 31, 2004).
On September 23, 2005, petitioner
formally objected to Duferco’s request
that the Department align the AD and
CVD reviews, stating that this practice is
not based on the statute, the
Department’s regulations, or precedent.
On September 28, 2005, in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), the
Department published in the Federal
Register a notice of initiation of this AD
administrative review. See Initiation of
1 On October 6, 2005, October 26, 2005, and
November 15, 2005, respectively, Ispat Inland Inc.,
Mittal Steel USA ISG Inc., and Nucor Corporation
submitted their entries of appearance as interested
parties.
E:\FR\FM\12DEN1.SGM
12DEN1
73434
Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Notices
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 70 FR 56631
(September 28, 2005). On October 7,
2005, the Department issued its AD
questionnaire to Duferco.
Scope of the Order
For purposes of this order, the
products covered are corrosion-resistant
carbon steel flat products, which covers
flat-rolled carbon steel products, of
rectangular shape, either clad, plated, or
coated with corrosion-resistant metals
such as zinc, aluminum, or zinc-,
aluminum-, nickel- or iron-based alloys,
whether or not corrugated or painted,
varnished or coated with plastics or
other nonmetallic substances in
addition to the metallic coating, in coils
(whether or not in successively
superimposed layers) and of a width of
0.5 inch or greater, or in straight lengths
which, if of a thickness less than 4.75
millimeters, are of a width of 0.5 inch
or greater and which measures at least
10 times the thickness or if of a
thickness of 4.75 millimeters or more
are of a width which exceeds 150
millimeters and measures at least twice
the thickness, as currently classifiable in
the Harmonized Tariff Schedule (HTS)
of the United States under item numbers
7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030,
7210.49.0090, 7210.61.0000,
7210.69.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090,
7210.90.1000, 7210.90.6000,
7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000,
7212.50.0000, 7212.60.0000,
7215.90.1000, 7215.90.3000,
7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560,
7217.90.1000, 7217.90.5030,
7217.90.5060, 7217.90.5090. Included in
the order are flat-rolled products of nonrectangular cross-section where such
cross-section is achieved subsequent to
the rolling process (i.e., products which
have been ‘‘worked after rolling’’)—for
example, products which have been
beveled or rounded at the edges.
Excluded from the order are flat-rolled
steel products either plated or coated
with tin, lead, chromium, chromium
oxides, both tin and lead (‘‘terne plate’’),
or both chromium and chromium oxides
(‘‘tin-free steel’’), whether or not
painted, varnished or coated with
plastics or other nonmetallic substances
in addition to the metallic coating. Also
excluded from the order are clad
products in straight lengths of 0.1875
inch or more in composite thickness
and of a width which exceeds 150
VerDate Aug<31>2005
17:51 Dec 09, 2005
Jkt 208001
millimeters and measures at least twice
the thickness. Also excluded from the
order are certain clad stainless flatrolled products, which are three-layered
corrosion-resistant carbon steel flatrolled products less than 4.75
millimeters in composite thickness that
consist of a carbon steel flat-rolled
product clad on both sides with
stainless steel in a 20%-60%-20% ratio.
These HTS item numbers are
provided for convenience and customs
purposes. The written descriptions
remain dispositive.
Intent To Rescind Administrative
Review
On October 24, 2005, the Department
requested documentation relating to all
entrie(s) or sale(s) made by Duferco
during the POR. On November 2, 2005,
Duferco responded to the Department’s
request for documentation by providing,
among other documents, CBP Form
7501 (Entry Summary), CBP Form 3461
(Entry/Immediate Delivery), sale
invoice, bill of lading and packing list.
See Duferco Coating SA and Sorral SA,
and Duferco Steel Inc. submission
regarding documentation relating to all
entrie(s) or sale(s) made by Duferco
during the review period, dated
November 2, 2005. The entry date (box
4) on CBP Form 7501 indicates that
subject merchandise entered the United
States prior to the POR. Additionally,
the Department conducted an internal
customs data query, which determined
that Duferco had no entries of subject
merchandise into the United States
during the POR.
In its August 31, 2005, request for
review, Duferco contends that the
Department can conduct an
administrative review, in accordance
with section 351.213(e)(1) of the
Department’s regulations, because its
sale to an unaffiliated customer
occurred within the POR. While the
Department maintains the discretion to
conduct reviews of sales or exports if
circumstances warrant, the
Department’s consistent, long-standing
practice is to require that there be
entries during the POR upon which to
assess antidumping duties, irrespective
of the export-price or constructed
export-price designation of the U.S.
sales. See, e.g., Granular
Polytetrafluoroethylene Resin from
Japan: Notice of Rescission of
Antidumping Duty Administrative
Review, 70 FR 44088 (August 1, 2005),
and Stainless Steel Plate in Coils from
Taiwan: Final Rescission of
Antidumping Duty Administrative
Review, 69 FR 20859 (April 19, 2004).
Furthermore, in Allegheny Ludlum, the
Court of Appeals for the Federal Circuit
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
upheld the Department’s discretion to
determine not to conduct annual
reviews, where there were no entries
during the POR. Allegheny Ludlum Corp
v. United States, 346 F.3d 1368 (Fed.
Cir. 2003).
In the present review, the Department
has weighed case precedent, our
practice under section 351.213(e), and
the information on the record of this
proceeding in determining whether we
should rescind this administrative
review. The record in this proceeding
does not support a conclusion that the
Department should deviate from our
normal practice of conducting
administrative reviews of entries rather
than sales.
Additionally, Duferco could have
requested that the Department review its
entry in the prior administrative review.
See Antidumping or Countervailing
Duty Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 69 FR 46496
(August 3, 2004) (providing an
opportunity to request a review of the
CORE from France AD order for the
August 1, 2003–July 31 2004 POR).
Duferco did not take the opportunity to
request a review of its entries in the
review period in which such entries
occurred. See Initiation of Antidumping
and Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 69 FR 56745 (September 22, 2004).
Duferco argues in the alternative that
the entry summary date, box 3 on
Customs and Border Protection (CBP)
Form 7501, is within the POR and is the
date the Department should use to
determine whether the entry occurred
during the POR. We disagree with
Duferco that the entry summary date is
the date the Department should rely on
for purposes of establishing when the
merchandise entered the Customs
territory of the United States for
consumption. In Certain Cut-to-Length
Carbon Steel Plate from Romania, the
Department relied on the date on which
the merchandise was released by CBP as
the date of entry of the subject
merchandise in that review. See Certain
Cut-to-Length Carbon Steel Plate from
Romania: Final Results of Antidumping
Duty Administrative Review, 66 FR 2879
(January 12, 2001) and corresponding
Issues and Decision Memorandum at
Comment 1. The ‘‘release date’’ appears
in box 4 of CBP Form 7501 as the ‘‘entry
date.’’ According to CBP’s Automated
Customs System and box 4 of Duferco’s
CBP Form 7501, obtained from CBP and
placed on the record by the Department,
the entry in question was entered for
consumption prior to the current POR.
See The Department’s Memorandum to
the File, dated November 18, 2005, with
E:\FR\FM\12DEN1.SGM
12DEN1
Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Notices
Duferco’s CBP Form 7501 included as
an attachment.
Pursuant to § 351.213(d)(3) of the
Department’s regulations, the
Department will rescind an
administrative review if it concludes
that during the POR there were no
entries, exports, or sales of the subject
merchandise, as the case may be. In this
case, the Department has determined to
conduct an administrative review of
entries during the POR. Because record
evidence demonstrates that no such
entries occurred, pursuant to section
351.213(d)(3), we intend to rescind the
2004–2005 administrative review.
Public Comment
17:51 Dec 09, 2005
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–839]
Notice of Final Results of Antidumping
Duty Administrative Review: Certain
Polyester Staple Fiber from the
Republic of Korea
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2005, the
Department of Commerce published the
preliminary results of the administrative
review of the antidumping duty order
on certain polyester staple fiber from the
Republic of Korea. We gave interested
parties an opportunity to comment on
the preliminary results. Based on our
analysis of the comments received and
an examination of our calculations, we
have made certain changes for the final
results. The final weighted-average
dumping margin for Huvis Corporation
is listed below in the ‘‘Final Results of
the Review’’ section of this notice.
EFFECTIVE DATE: December 12, 2005.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas or Andrew McAllister,
Office 1, AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington DC 20230;
telephone: (202) 482–3813 or (202) 482–
1174, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
An interested party may request a
hearing within 20 days of publication of
this notice. Any hearing, if requested,
will be held 34 days after the date of
publication of this notice, or the first
working day thereafter. Interested
parties may submit case briefs not later
than 20 days after the date of
publication of this notice. Rebuttal
briefs, which must be limited to issues
raised in such briefs, must be filed not
later than 7 days from the case brief
after the date of publication of this
notice. Parties who submit arguments
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. Further, parties
submitting written comments should
provide the Department with an
additional copy of the public version of
any such comments on diskette. We will
issue our final decision concerning the
conduct of the review no later than 120
days from the date of publication of this
notice.
Additionally, if the Department makes
a final determination to rescind the
2004–2005 administrative review, the
cash-deposit rate will remain at 29.41
percent for Duferco and all other
producers/exporters of subject
merchandise from France. See Certain
Hot-Rolled Carbon Steel Flat Products,
Certain Cold-Rolled Carbon Steel Flat
Products, Certain Corrosion-Resistant
Carbon Steel Flat Products, and Certain
Cut-to-Length Carbon Steel Plate From
France; Notice of Final Court Decision
and Amended Final Determinations, 61
FR 51274 (October 1, 1996).
This notice is published in
accordance with section 777(i) of the
Act and section 351.213(d)(4) of the
Department’s regulations.
VerDate Aug<31>2005
Dated: December 6, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–7233 Filed 12–9–05; 8:45 am]
Jkt 208001
Background
On June 6, 2005, the Department of
Commerce (‘‘the Department’’)
published Certain Polyester Staple Fiber
from Korea: Preliminary Results of
Antidumping Duty Administrative
Review and Partial Rescission of
Review, 70 FR 32756 (June 6, 2005)
(‘‘Preliminary Results’’) in the Federal
Register.
We invited parties to comment on the
preliminary results of the review. On
July 6, 2005, Wellman, Inc.; Arteva
Specialties, Inc. d/b/a KoSa; and DAK
Fibers, LLC (collectively, ‘‘the
petitioners’’), and the respondent,1
1 On March 11, 2005, the Department was
informed that Arteva Specialties, Inc. d/b/a KoSa
had changed its name to Invista S.a.r.l. Presently,
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
73435
Huvis Corporation (‘‘Huvis’’), filed case
briefs. On July 11, 2005, the petitioners
and Huvis filed rebuttal briefs.
On September 29, 2005, we extended
the time limit for the final results of this
administrative review, pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (‘‘the Act’’). See
Certain Polyester Staple Fiber from the
Republic of Korea: Extension of Time
Limit for the Final Results of the
Antidumping Duty Administrative
Review, 70 FR 58186 (October 5, 2005).
Accordingly, the final results of this
administrative review are scheduled for
completion by December 5, 2005.
Scope of the Order
For the purposes of this order, the
product covered is certain polyester
staple fiber (‘‘PSF’’). PSF is defined as
synthetic staple fibers, not carded,
combed or otherwise processed for
spinning, of polyesters measuring 3.3
decitex (3 denier, inclusive) or more in
diameter. This merchandise is cut to
lengths varying from one inch (25 mm)
to five inches (127 mm). The
merchandise subject to this order may
be coated, usually with a silicon or
other finish, or not coated. PSF is
generally used as stuffing in sleeping
bags, mattresses, ski jackets, comforters,
cushions, pillows, and furniture.
Merchandise of less than 3.3 decitex
(less than 3 denier) currently classifiable
under the Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’) at
subheading 5503.20.00.20 is specifically
excluded from this order. Also
specifically excluded from this order are
polyester staple fibers of 10 to 18 denier
that are cut to lengths of 6 to 8 inches
(fibers used in the manufacture of
carpeting). In addition, low-melt PSF is
excluded from this order. Low-melt PSF
is defined as a bi-component fiber with
an outer sheath that melts at a
significantly lower temperature than its
inner core.
The merchandise subject to this order
is currently classifiable in the HTSUS at
subheadings 5503.20.00.45 and
5503.20.00.65. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
under order is dispositive.
Period of Review
The period of review (‘‘POR’’) is May
1, 2003, through April 30, 2004.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
the petitioners are Wellman, Inc.; Invista S.a.r.l.;
and DAK Fibers.
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 70, Number 237 (Monday, December 12, 2005)]
[Notices]
[Pages 73433-73435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7233]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-808]
Certain Corrosion-Resistant Carbon Steel Flat Products From
France: Notice of Intent To Rescind Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 28, 2005, the Department of Commerce (the
Department) published a notice of initiation of an administrative
review of the antidumping duty (AD) order on certain corrosion-
resistant carbon steel flat products (CORE) from France for the period
August 1, 2004, through July 31, 2005. The Department intends to
rescind this review after determining that the party subject to this
review did not have entries during the period of review (POR) upon
which to assess antidumping duties.
EFFECTIVE DATE: December 12, 2005.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Dena Aliadinov, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0193 or (202) 482-3362, respectively.
SUPPLEMENTARY INFORMATION: On August 1, 2005, the Department published
a notice of opportunity to request an administrative review of the
antidumping duty order on CORE from France for the period August 1,
2004, through July 31, 2005. See Antidumping or Countervailing Duty
Order, Finding, or Suspended Investigation; Opportunity to Request
Administrative Review, 70 FR 44085 (August 1, 2005). On August 31,
2005, United States Steel Corporation, petitioner, and Duferco Coating
SA and Sorral SA, French producers and exporters of the subject
merchandise, and Duferco Steel, Inc. (the U.S. importer of subject
merchandise exported to the United States by Duferco Coating SA and
Sorral SA) (collectively ``Duferco''), made timely requests that the
Department conduct an administrative review of Duferco.\1\ In its
August 31, 2005, submission, Duferco requested that the Department
conduct a review of its sale of subject merchandise to an unaffiliated
customer during the POR, pursuant to section 351.213(e)(1), which
states that an administrative review ``normally will cover, as
appropriate, entries, exports, or sales of subject merchandise during
the 12 months immediately preceding the most recent anniversary
month.'' Duferco also requested that the Department rely on the entry
summary date (August 11, 2004) for administrative review purposes, or
align the AD administrative review period with the countervailing duty
review period (i.e., initiate an AD review for the period January 1,
2004, through December 31, 2004).
---------------------------------------------------------------------------
\1\ On October 6, 2005, October 26, 2005, and November 15, 2005,
respectively, Ispat Inland Inc., Mittal Steel USA ISG Inc., and
Nucor Corporation submitted their entries of appearance as
interested parties.
---------------------------------------------------------------------------
On September 23, 2005, petitioner formally objected to Duferco's
request that the Department align the AD and CVD reviews, stating that
this practice is not based on the statute, the Department's
regulations, or precedent. On September 28, 2005, in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act), the
Department published in the Federal Register a notice of initiation of
this AD administrative review. See Initiation of
[[Page 73434]]
Antidumping and Countervailing Duty Administrative Reviews and Request
for Revocation in Part, 70 FR 56631 (September 28, 2005). On October 7,
2005, the Department issued its AD questionnaire to Duferco.
Scope of the Order
For purposes of this order, the products covered are corrosion-
resistant carbon steel flat products, which covers flat-rolled carbon
steel products, of rectangular shape, either clad, plated, or coated
with corrosion-resistant metals such as zinc, aluminum, or zinc-,
aluminum-, nickel- or iron-based alloys, whether or not corrugated or
painted, varnished or coated with plastics or other nonmetallic
substances in addition to the metallic coating, in coils (whether or
not in successively superimposed layers) and of a width of 0.5 inch or
greater, or in straight lengths which, if of a thickness less than 4.75
millimeters, are of a width of 0.5 inch or greater and which measures
at least 10 times the thickness or if of a thickness of 4.75
millimeters or more are of a width which exceeds 150 millimeters and
measures at least twice the thickness, as currently classifiable in the
Harmonized Tariff Schedule (HTS) of the United States under item
numbers 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000,
7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000,
7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090. Included in the order are
flat-rolled products of non-rectangular cross-section where such cross-
section is achieved subsequent to the rolling process (i.e., products
which have been ``worked after rolling'')--for example, products which
have been beveled or rounded at the edges. Excluded from the order are
flat-rolled steel products either plated or coated with tin, lead,
chromium, chromium oxides, both tin and lead (``terne plate''), or both
chromium and chromium oxides (``tin-free steel''), whether or not
painted, varnished or coated with plastics or other nonmetallic
substances in addition to the metallic coating. Also excluded from the
order are clad products in straight lengths of 0.1875 inch or more in
composite thickness and of a width which exceeds 150 millimeters and
measures at least twice the thickness. Also excluded from the order are
certain clad stainless flat-rolled products, which are three-layered
corrosion-resistant carbon steel flat-rolled products less than 4.75
millimeters in composite thickness that consist of a carbon steel flat-
rolled product clad on both sides with stainless steel in a 20%-60%-20%
ratio.
These HTS item numbers are provided for convenience and customs
purposes. The written descriptions remain dispositive.
Intent To Rescind Administrative Review
On October 24, 2005, the Department requested documentation
relating to all entrie(s) or sale(s) made by Duferco during the POR. On
November 2, 2005, Duferco responded to the Department's request for
documentation by providing, among other documents, CBP Form 7501 (Entry
Summary), CBP Form 3461 (Entry/Immediate Delivery), sale invoice, bill
of lading and packing list. See Duferco Coating SA and Sorral SA, and
Duferco Steel Inc. submission regarding documentation relating to all
entrie(s) or sale(s) made by Duferco during the review period, dated
November 2, 2005. The entry date (box 4) on CBP Form 7501 indicates
that subject merchandise entered the United States prior to the POR.
Additionally, the Department conducted an internal customs data query,
which determined that Duferco had no entries of subject merchandise
into the United States during the POR.
In its August 31, 2005, request for review, Duferco contends that
the Department can conduct an administrative review, in accordance with
section 351.213(e)(1) of the Department's regulations, because its sale
to an unaffiliated customer occurred within the POR. While the
Department maintains the discretion to conduct reviews of sales or
exports if circumstances warrant, the Department's consistent, long-
standing practice is to require that there be entries during the POR
upon which to assess antidumping duties, irrespective of the export-
price or constructed export-price designation of the U.S. sales. See,
e.g., Granular Polytetrafluoroethylene Resin from Japan: Notice of
Rescission of Antidumping Duty Administrative Review, 70 FR 44088
(August 1, 2005), and Stainless Steel Plate in Coils from Taiwan: Final
Rescission of Antidumping Duty Administrative Review, 69 FR 20859
(April 19, 2004). Furthermore, in Allegheny Ludlum, the Court of
Appeals for the Federal Circuit upheld the Department's discretion to
determine not to conduct annual reviews, where there were no entries
during the POR. Allegheny Ludlum Corp v. United States, 346 F.3d 1368
(Fed. Cir. 2003).
In the present review, the Department has weighed case precedent,
our practice under section 351.213(e), and the information on the
record of this proceeding in determining whether we should rescind this
administrative review. The record in this proceeding does not support a
conclusion that the Department should deviate from our normal practice
of conducting administrative reviews of entries rather than sales.
Additionally, Duferco could have requested that the Department
review its entry in the prior administrative review. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review, 69 FR 46496 (August 3,
2004) (providing an opportunity to request a review of the CORE from
France AD order for the August 1, 2003-July 31 2004 POR). Duferco did
not take the opportunity to request a review of its entries in the
review period in which such entries occurred. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Request
for Revocation in Part, 69 FR 56745 (September 22, 2004).
Duferco argues in the alternative that the entry summary date, box
3 on Customs and Border Protection (CBP) Form 7501, is within the POR
and is the date the Department should use to determine whether the
entry occurred during the POR. We disagree with Duferco that the entry
summary date is the date the Department should rely on for purposes of
establishing when the merchandise entered the Customs territory of the
United States for consumption. In Certain Cut-to-Length Carbon Steel
Plate from Romania, the Department relied on the date on which the
merchandise was released by CBP as the date of entry of the subject
merchandise in that review. See Certain Cut-to-Length Carbon Steel
Plate from Romania: Final Results of Antidumping Duty Administrative
Review, 66 FR 2879 (January 12, 2001) and corresponding Issues and
Decision Memorandum at Comment 1. The ``release date'' appears in box 4
of CBP Form 7501 as the ``entry date.'' According to CBP's Automated
Customs System and box 4 of Duferco's CBP Form 7501, obtained from CBP
and placed on the record by the Department, the entry in question was
entered for consumption prior to the current POR. See The Department's
Memorandum to the File, dated November 18, 2005, with
[[Page 73435]]
Duferco's CBP Form 7501 included as an attachment.
Pursuant to Sec. 351.213(d)(3) of the Department's regulations,
the Department will rescind an administrative review if it concludes
that during the POR there were no entries, exports, or sales of the
subject merchandise, as the case may be. In this case, the Department
has determined to conduct an administrative review of entries during
the POR. Because record evidence demonstrates that no such entries
occurred, pursuant to section 351.213(d)(3), we intend to rescind the
2004-2005 administrative review.
Public Comment
An interested party may request a hearing within 20 days of
publication of this notice. Any hearing, if requested, will be held 34
days after the date of publication of this notice, or the first working
day thereafter. Interested parties may submit case briefs not later
than 20 days after the date of publication of this notice. Rebuttal
briefs, which must be limited to issues raised in such briefs, must be
filed not later than 7 days from the case brief after the date of
publication of this notice. Parties who submit arguments 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. Further,
parties submitting written comments should provide the Department with
an additional copy of the public version of any such comments on
diskette. We will issue our final decision concerning the conduct of
the review no later than 120 days from the date of publication of this
notice.
Additionally, if the Department makes a final determination to
rescind the 2004-2005 administrative review, the cash-deposit rate will
remain at 29.41 percent for Duferco and all other producers/exporters
of subject merchandise from France. See Certain Hot-Rolled Carbon Steel
Flat Products, Certain Cold-Rolled Carbon Steel Flat Products, Certain
Corrosion-Resistant Carbon Steel Flat Products, and Certain Cut-to-
Length Carbon Steel Plate From France; Notice of Final Court Decision
and Amended Final Determinations, 61 FR 51274 (October 1, 1996).
This notice is published in accordance with section 777(i) of the
Act and section 351.213(d)(4) of the Department's regulations.
Dated: December 6, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-7233 Filed 12-9-05; 8:45 am]
BILLING CODE 3510-DS-P