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