Antidumping Duty Order: Superalloy Degassed Chromium from Japan, 76030-76031 [E5-7700]

Download as PDF cchase on PROD1PC60 with NOTICES 76030 Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices Determination of Sales at Less Than Fair Value: High and Ultra–High Voltage Ceramic Station Post Insulators from Japan, 68 FR 35627 (June 16, 2003); and Final Determination of Sales at Less Than Fair Value: Live Swine from Canada, 70 FR 12181 (March 11, 2005). To be considered corroborated, information must be found to be both reliable and relevant. Unlike other types of information, such as input costs or selling expenses, there are no independent sources for calculated dumping margins. The only sources for calculated margins are administrative determinations. The information upon which the AFA rate we are applying for the current review was calculated during the Less Than Fair Value Investigation. See Porcelain–on-Steel Cooking Ware from the People’s Republic of China; Final Determination of Sales at Less Than Fair Value, 51 FR 36419 (October 10, 1986) (‘‘LTFV Investigation’’). Furthermore, the AFA rate we are applying for the current review was applied in reviews subsequent to the LTFV Investigation and the Department received no information that warranted revisiting the issue. See, e.g., Porcelain–On-Steel Cookware from the People’s Republic of China; Notice of Final Results of Antidumping Duty Administrative Review, 62 FR 54825 (October 22, 1997). No information has been presented in the current review that calls into question the reliability of this information. Thus, the Department finds that the information is reliable. With respect to the relevance aspect of corroboration, the Department will consider information reasonably at its disposal to determine whether a margin continues to have relevance. Where circumstances indicate that the selected margin is not appropriate as AFA, the Department will disregard the margin and determine an appropriate margin. Similarly, the Department does not apply a margin that has been discredited. See D &L Supply Co. v. United States, 113 F.3d 1220, 1221 (Fed. Cir. 1997) (the Department will not use a margin that has been judicially invalidated). None of these circumstances are present here. Accordingly, we determine that the highest rate from any segment of this administrative proceeding, 66.65 percent, meets the corroboration criteria established in section 776(c) of the Act that secondary information have probative value. Preliminary Results of the Review The Department preliminarily finds that the following margins exist for the VerDate Aug<31>2005 16:55 Dec 21, 2005 Jkt 208001 following exporters under review during the period December 1, 2003, through November 30, 2004: PORCELAIN–ON-STEEL COOKING WARE FROM THE PRC Manufacturer/Exporter Weighted–Average Margin (Percent) PRC–wide Rate ............ 66.65 Case briefs from interested parties may be submitted not later than January 17, 2006, pursuant to 19 CFR 351.309(c). Rebuttal briefs, limited to issues raised in the case briefs, will be due not later than January 24, 2006, pursuant to 19 CFR 351.309(d). Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each argument: (1) a statement of the issue; and (2) a brief summary of the argument. Parties are also encouraged to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations and cases cited. Any interested party may request a hearing within 30 days of publication of this notice. Interested parties who wish to request a hearing or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, Room B–099, within 30 days of the date of publication of this notice. Requests should include: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. See 19 CFR 351.310(c). Issues raised in the hearing will be limited to those raised in case briefs and rebuttal briefs. The Department will issue the final results of this administrative review, including the results of its analysis of issues raised in any such written briefs or at the hearing, if held, no later than 120 days after the date of publication of this notice. provided by section 751(a)(2)(C) of the Act: (1) For subject merchandise exported by the PRC, including Watex, the cash–deposit rate will be equal to 66.65 percent; (2) the cash–deposit rate for PRC exporters who received a separate rate in a prior segment of the proceeding will continue to be the rate assigned in that segment of the proceeding; (3) for all other PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash–deposit rate will be the PRC–wide rate of 66.65 percent; (4) for all non–PRC exporters of subject merchandise, the cash–deposit rate will be the rate applicable to the PRC exporter that supplied that exporter. These deposit 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 preliminary 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 double antidumping duties. This administrative review and notice is in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: December 15, 2005. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E5–7703 Filed 12–21–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Assessment of Antidumping Duties International Trade Administration The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the final results of this review. [A–588–866] Cash Deposits The following cash–deposit requirements will be effective upon publication of the final results for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results, as PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Antidumping Duty Order: Superalloy Degassed Chromium from Japan Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce and International Trade Commission, the Department of Commerce is issuing an antidumping duty order on superalloy degassed chromium from Japan. EFFECTIVE DATE: December 22, 2005. AGENCY: E:\FR\FM\22DEN1.SGM 22DEN1 76031 Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices FOR FURTHER INFORMATION CONTACT: Janis Kalnins or Minoo Hatten, AD/CVD Operations, Office 5, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1392, or (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: Background On November 1, 2005, we published the final determination of sales at less than fair value of superalloy degassed chromium from Japan. See Notice of Final Determination of Sales at Less Than Fair Value: Superalloy Degassed Chromium from Japan, 70 FR 65886 (November 1, 2005). On December 16, 2005, the International Trade Commission (ITC) notified the Department of Commerce (the Department) of its final determination pursuant to section 735(d) of the Tariff Act of 1930, as amended (the Act), that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of less–than-fair–value imports of superalloy degassed chromium from Japan. See letter from the ITC to the Secretary of Commerce, Notification of Final Affirmative Determination of Superalloy Degassed Chromium from Japan (Investigation No. 731–TA–1090 (Final)), dated December 16, 2005. Pursuant to section 736(a) of the Act, the Department is publishing an antidumping duty order on the subject merchandise. cchase on PROD1PC60 with NOTICES Scope of Order The product covered by this order is all forms, sizes, and grades of superalloy degassed chromium from Japan. Superalloy degassed chromium is a high–purity form of chrome metal that generally contains at least 99.5 percent, but less than 99.95 percent, chromium. Superalloy degassed chromium contains very low levels of certain gaseous elements and other impurities (typically no more than 0.005 percent nitrogen, 0.005 percent sulphur, 0.05 percent oxygen, 0.01 percent aluminum, 0.05 percent silicon, and 0.35 percent iron). Superalloy degassed chromium is generally sold in briquetted form, as ‘‘pellets’’ or ‘‘compacts,’’ which typically are 1c inches x 1 inch x 1 inch or smaller in size and have a smooth surface. Superalloy degassed chromium is currently classifiable under subheading 8112.21.00 of the Harmonized Tariff Schedule of the United States (HTSUS). This order covers all chromium meeting the above specifications for superalloy degassed VerDate Aug<31>2005 16:55 Dec 21, 2005 Jkt 208001 chromium regardless of tariff classification. Certain higher–purity and lower– purity chromium products are excluded from the scope of this order. Specifically, the order does not cover electronics–grade chromium, which contains a higher percentage of chromium (typically not less than 99.95 percent), a much lower level of iron (less than 0.05 percent), and lower levels of other impurities than superalloy degassed chromium. The order also does not cover ‘‘vacuum melt grade’’ (VMG) chromium, which normally contains at least 99.4 percent chromium and contains a higher level of one or more impurities (nitrogen, sulphur, oxygen, aluminum and/or silicon) than specified above for superalloy degassed chromium. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Antidumping Duty Order In accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise for all relevant entries of superalloy degassed chromium from Japan. These antidumping duties will be assessed on (1) all entries of superalloy degassed chromium from Japan entered, or withdrawn from the warehouse, for consumption on or after August 18, 2005, the date on which the Department published its Notice of Preliminary Determination of Sales at Less Than Fair Value: Superalloy Degassed Chromium from Japan, 70 FR 48538 (August 18, 2005), and before December 16, 2005, the date on which the Department is required, pursuant to section 733(d) of the Act, to terminate the suspension of liquidation, and (2) on all subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s notice of final determination in the Federal Register. Entries of superalloy degassed chromium from Japan made between December 16, 2005, and the day preceding the date of publication of the ITC’s notice of final determination in the Federal Register are not liable for the assessment of antidumping duties. On and after the date of publication of the ITC’s notice of final determination in the Federal Register, CBP will require, at the same time as PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 importers would normally deposit estimated duties on this merchandise, cash deposits for the subject merchandise equal to the estimated weighted–average antidumping margins listed below. The all–others rate applies to all entries of the subject merchandise except for entries from the company that is identified below. Manufacturer or exporter Weighted–average margin (percent) JFE Material Co., Ltd. .. All Others ...................... 129.32 129.32 This notice constitutes the antidumping duty order with respect to superalloy degassed chromium from Japan, pursuant to section 736(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room B–099 of the main Commerce building, for copies of an updated list of antidumping duty orders currently in effect. This order is issued and published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: December 16, 2005. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E5–7700 Filed 12–21–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 120505C] Large Coastal Shark 2005/2006 Stock Assessment Workshop National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public workshop. AGENCY: SUMMARY: NMFS announces the time and location for the large coastal shark (LCS) stock assessment workshop, the second of three workshops for the LCS stock assessment to be conducted in 2005/2006. DATES: The Assessment workshop will start at 1 p.m. on Monday, February 6, 2006, and will conclude at 1 p.m. on Friday, February 10, 2006. ADDRESSES: The Assessment workshop will be held at the Doubletree Hotel Coconut Grove, 2649 South Bayshore Drive, Miami, FL 33133. FOR FURTHER INFORMATION CONTACT: Julie Neer at (850) 234–6541; or Karyl E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 70, Number 245 (Thursday, December 22, 2005)]
[Notices]
[Pages 76030-76031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7700]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-866]


Antidumping Duty Order: Superalloy Degassed Chromium from Japan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce and International Trade Commission, the Department of Commerce 
is issuing an antidumping duty order on superalloy degassed chromium 
from Japan.

EFFECTIVE DATE: December 22, 2005.

[[Page 76031]]


FOR FURTHER INFORMATION CONTACT: Janis Kalnins or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone: (202) 482-1392, or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2005, we published the final determination of sales 
at less than fair value of superalloy degassed chromium from Japan. See 
Notice of Final Determination of Sales at Less Than Fair Value: 
Superalloy Degassed Chromium from Japan, 70 FR 65886 (November 1, 
2005). On December 16, 2005, the International Trade Commission (ITC) 
notified the Department of Commerce (the Department) of its final 
determination pursuant to section 735(d) of the Tariff Act of 1930, as 
amended (the Act), that an industry in the United States is materially 
injured within the meaning of section 735(b)(1)(A)(i) of the Act by 
reason of less-than-fair-value imports of superalloy degassed chromium 
from Japan. See letter from the ITC to the Secretary of Commerce, 
Notification of Final Affirmative Determination of Superalloy Degassed 
Chromium from Japan (Investigation No. 731-TA-1090 (Final)), dated 
December 16, 2005. Pursuant to section 736(a) of the Act, the 
Department is publishing an antidumping duty order on the subject 
merchandise.

Scope of Order

    The product covered by this order is all forms, sizes, and grades 
of superalloy degassed chromium from Japan. Superalloy degassed 
chromium is a high-purity form of chrome metal that generally contains 
at least 99.5 percent, but less than 99.95 percent, chromium. 
Superalloy degassed chromium contains very low levels of certain 
gaseous elements and other impurities (typically no more than 0.005 
percent nitrogen, 0.005 percent sulphur, 0.05 percent oxygen, 0.01 
percent aluminum, 0.05 percent silicon, and 0.35 percent iron). 
Superalloy degassed chromium is generally sold in briquetted form, as 
``pellets'' or ``compacts,'' which typically are 1[frac12] inches x 1 
inch x 1 inch or smaller in size and have a smooth surface. Superalloy 
degassed chromium is currently classifiable under subheading 8112.21.00 
of the Harmonized Tariff Schedule of the United States (HTSUS). This 
order covers all chromium meeting the above specifications for 
superalloy degassed chromium regardless of tariff classification.
    Certain higher-purity and lower-purity chromium products are 
excluded from the scope of this order. Specifically, the order does not 
cover electronics-grade chromium, which contains a higher percentage of 
chromium (typically not less than 99.95 percent), a much lower level of 
iron (less than 0.05 percent), and lower levels of other impurities 
than superalloy degassed chromium. The order also does not cover 
``vacuum melt grade'' (VMG) chromium, which normally contains at least 
99.4 percent chromium and contains a higher level of one or more 
impurities (nitrogen, sulphur, oxygen, aluminum and/or silicon) than 
specified above for superalloy degassed chromium.
    Although the HTSUS subheading is provided for convenience and 
customs purposes, the written description of the scope of this order is 
dispositive.

Antidumping Duty Order

    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by the Department, antidumping duties equal to the 
amount by which the normal value of the merchandise exceeds the export 
price (or the constructed export price) of the merchandise for all 
relevant entries of superalloy degassed chromium from Japan. These 
antidumping duties will be assessed on (1) all entries of superalloy 
degassed chromium from Japan entered, or withdrawn from the warehouse, 
for consumption on or after August 18, 2005, the date on which the 
Department published its Notice of Preliminary Determination of Sales 
at Less Than Fair Value: Superalloy Degassed Chromium from Japan, 70 FR 
48538 (August 18, 2005), and before December 16, 2005, the date on 
which the Department is required, pursuant to section 733(d) of the 
Act, to terminate the suspension of liquidation, and (2) on all subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the ITC's notice of final 
determination in the Federal Register. Entries of superalloy degassed 
chromium from Japan made between December 16, 2005, and the day 
preceding the date of publication of the ITC's notice of final 
determination in the Federal Register are not liable for the assessment 
of antidumping duties.
    On and after the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, cash deposits for the subject merchandise equal to the 
estimated weighted-average antidumping margins listed below. The all-
others rate applies to all entries of the subject merchandise except 
for entries from the company that is identified below.

------------------------------------------------------------------------
                                                       Weighted-average
              Manufacturer or exporter                 margin (percent)
------------------------------------------------------------------------
JFE Material Co., Ltd...............................              129.32
All Others..........................................              129.32
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
superalloy degassed chromium from Japan, pursuant to section 736(a) of 
the Act. Interested parties may contact the Department's Central 
Records Unit, Room B-099 of the main Commerce building, for copies of 
an updated list of antidumping duty orders currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: December 16, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-7700 Filed 12-21-05; 8:45 am]
BILLING CODE 3510-DS-S