Final Results of Inquiry Into Ukraine's Status as a Non-Market Economy Country., 9520-9521 [E6-2673]

Download as PDF 9520 Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Notices 2002), as appropriate, whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. These initiations and this notice are in accordance with section 751(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1675(a)), and 19 CFR 351.221(c)(1)(i). Dated: February 21, 2006. Thomas F. Futtner, Acting Office Director, AD/CVD Operations, Office 4 for Import Administration. [FR Doc. E6–2676 Filed 2–23–06; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–823–812] Final Results of Inquiry Into Ukraine’s Status as a Non–Market Economy Country. Import Administration, International Trade Administration, Department of Commerce. ACTION: Final Results wwhite on PROD1PC65 with NOTICES AGENCY: SUMMARY: Ukraine has implemented economic and institutional reforms since gaining independence in 1991. The government of Ukraine (‘‘GOU’’) has undertaken substantial reforms relating to the factors examined by the Department of Commerce (‘‘the Department’’) under section 771(18)(B) of the Tariff Act of 1930, as amended (‘‘the Act’’). See memorandum to David Spooner from Lawrence Norton, Shauna Lee–Alaia, and Anthony Hill, Decision Memorandum Regarding Ukraine’s Status as a Non–Market Economy Country for Purposes of the Antidumping Duty Law Under a Changed Circumstances Review of the Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod from Ukraine (February 16, 2006) (‘‘Decision Memorandum’’). Based on the preponderance of evidence on reforms in Ukraine to date, analyzed as required under section 771(18)(B) of the Act, the Department determines that (1) revocation of Ukraine’s non–market economy (‘‘NME’’) status under section 771(18)(B) VerDate Aug<31>2005 18:03 Feb 23, 2006 Jkt 208001 of the Act is warranted, and (2) the effective date of this decision is February 1, 2006. Accordingly, Ukrainian producers and exporters will be subject, to the antidumping rules applicable to market economy countries with respect to the analysis of transactions occurring on or after February 1, 2006. EFFECTIVE DATE: February 1, 2006. FOR FURTHER INFORMATION CONTACT: Lawrence Norton or Shauna Lee–Alaia, Office of Policy, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington DC, 20230; telephone: 202– 482–1579 or 202–482–2793, respectively. SUPPLEMENTARY INFORMATION: Background The Department has treated Ukraine as an NME country in all past antidumping duty investigations and administrative reviews. See, e.g., Final Determination of Sales at Less Than Fair Value: Carbon and Certain Alloy Steel Wire Rod from Ukraine, 67 FR 55785 (August 30, 2002); Final Determination of Sales at Less Than Fair Value: Certain Hot–Rolled Carbon Steel Flat Products from Ukraine, 66 FR 50401 (October 3, 2001); and Final Determination of Sales at Less Than Fair Value: Steel Concrete Reinforcing Bars from Ukraine, 66 FR 1857 (April 11, 2001). A designation as a NME remains in effect until it is revoked by the Department. See section 771(18)(C)(i) of the Act. On April 2, 2005, the GOU’s Ministry of Economy and European Integration requested that the Department conduct a review of Ukraine’s status as a NME country within the context of a changed circumstances review of the antidumping duty order on carbon and certain alloy steel wire rod from Ukraine. In response to this request, the Department initiated a changed circumstances review in order to determine whether Ukraine should continue to be treated as a NME country for purposes of the antidumping law, pursuant to sections 751(b) and 771(18)(C)(ii) of the Act. See Initiation of a Changed Circumstances Review of the Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod from Ukraine, 70 FR 21396 (April 26, 2005). In its notice of initiation, the Department invited public comment on Ukraine’s ongoing economic reforms. Extensive initial and rebuttal comments were received on July 11, and August 31, 2005, respectively. On January 12, 2006, the Department requested further comment on Ukraine’s reforms and PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 extended the deadline for completion of the proceeding to February 16, 2006. See Changed Circumstances Review of the Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod from Ukraine: Opportunity to Comment on the Status of Ukraine as a Non–Market Economy Country and Extension of Final Results 71 FR 2904 (January 18, 2006). These comments have been made available to the public on the Import Administration Web site at the following address: https://ia.ita.doc.gov/. In addition, the Department has compiled and analyzed information regarding Ukrainian economic reforms from independent third–party sources such as the International Monetary Fund, the World Bank, and the European Bank for Reconstruction and Development. Ukraine’s currency, the hryvnia, is freely convertible on the current account and is subject to market forces. Employees and management may freely negotiate wages, and workers have the right to unionize and engage in collective bargaining. Foreign direct investment is encouraged by the GOU in almost all sectors of the economy, and the law afford foreign and domestic investors equal treatment. Ukraine’s efforts toward privatizing the economy have been substantial. At least 65 percent of Ukraine’s gross domestic product is in the hands of the private sector, and there are relatively few large state–owned enterprises remaining. Land, including land for agricultural use, is privately held, and foreign investors may own the land on which their investments are located. The GOU has withdrawn from its previous role as the primary resource allocator in the economy by privatizing virtually the entire banking sector and eliminating most price controls. Additionally, Ukraine is in the process of joining the World Trade Organization. Notwithstanding Ukraine’s substantial progress, several aspects of Ukraine’s economy require additional reform. Foreign direct investment, while increasing, has been very low. Ukraine should enhance the mechanisms for trade in land, particularly agricultural land. Ukraine continues to have a very difficult business environment, due to excessive government regulation, outdated legislation and corruption. In particular, small and medium–size enterprise growth and increases in foreign investment are hampered by Ukraine’s difficult business environment. Overall, though, given the significant reforms discussed above and in the Decision Memorandum, Ukraine warrants designation as a market– E:\FR\FM\24FEN1.SGM 24FEN1 Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Notices economy country, effective February 1, 2006. Dated: February 16, 2006. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E6–2673 Filed 2–23–06; 8:45 am] BILLING CODE 3510–DS–S (‘‘HTSUS’’) item numbers 8482.20.00, 8482.91.00.50, 8482.99.30, 8483.20.40, 8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80, 8708.99.80.15, and 8708.99.80.80. Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Background DEPARTMENT OF COMMERCE On January 17, 2006, the Department published the Final Results in the Federal Register. On January 17, 2006, [A–570–601] and January 18, 2006, we received ministerial error allegations from Yantai Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from Timken Co., Ltd. (‘‘Yantai Timken’’) and The Timken Company (Petitioner), the People’s Republic of China: respectively. A ministerial error is Amended Final Results of defined in section 751(h) of the Act and Administrative Review further clarified in 19 CFR 351.224(f) as AGENCY: Import Administration, ‘‘an error in addition, subtraction, or International Trade Administration, other arithmetic function, ministerial Department of Commerce. error resulting from inaccurate copying, SUMMARY: On January 17, 2006, the duplication, or the like, and any other Department of Commerce (the similar type of unintentional error ‘‘Department’’) published Tapered which the Secretary considers Roller Bearings and Parts Thereof, ministerial.’’ After analyzing the Finished and Unfinished, from the comments by interested parties, we have People’s Republic of China: Final determined, in accordance with 19 CFR Results of 2003–2004 Administrative 351.224(e), that a ministerial error Review and Partial Rescission of existed in the calculations for the Final Review, 71 FR 2517 (January 17, 2006) Results with respect to LYC. (‘‘Final Results’’), covering the period of Additionally, we disagree that the issue review (‘‘POR’’) June 1, 2003, through raised by Yantai Timken constitutes a May 31, 2004. We are amending the ministerial error. For a detailed Final Results to correct ministerial explanation of this issue, see the errors made in the calculation of the memorandum to the file from Laurel dumping margins for Luoyang Bearing LaCivita, Senior Case Analyst, through Corporation (Group) (‘‘LYC’’), pursuant Robert Bolling, Program Manager, to section 751(h) of the Tariff Act of ‘‘Analysis for the Amended Final 1930, as amended (‘‘the Act’’). Results of the 2003–2004 Administrative Review of Tapered EFFECTIVE DATE: February 24, 2006. Roller Bearings and Parts Thereof, FOR FURTHER INFORMATION CONTACT: Finished or Unfinished, from the Laurel LaCivita, Eugene Degnan or People’s Republic of China: Yantai Robert Bolling, AD/CVD Operations, Company, Ltd,’’ dated February 16, Office 8, Import Administration, 2006. For a detailed discussion and International Trade Administration, analysis of the ministerial error raised U.S. Department of Commerce, 14th by Petitioner with respect to LYC and Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) the correction the Department has 482–4243, (202) 482–0414 or (202) 482– applied, see the memorandum to the file from Eugene Degnan, Case Analyst, 3434, respectively. through Robert Bolling, Program SUPPLEMENTARY INFORMATION: Manager, ‘‘Analysis for the Amended Scope of Order Final Results of the 2003–2004 Administrative Review of Tapered Merchandise covered by this order is Roller Bearings and Parts Thereof, tapered roller bearings (‘‘TRBs’’) from the People’s Republic of China (‘‘PRC’’); Finished or Unfinished, from the People’s Republic of China: Luoyang flange, take up cartridge, and hanger Bearing Corporation (Group),’’ dated units incorporating tapered roller February 16, 2006. Both memoranda are bearings; and tapered roller housings on file in the Central Records Unit, (except pillow blocks) incorporating room B–099 in the main building of the tapered rollers, with or without spindles, whether or not for automotive Department of Commerce. Therefore, in accordance with section use. This merchandise is currently classifiable under the Harmonized Tariff 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results of the Schedule of the United States wwhite on PROD1PC65 with NOTICES International Trade Administration VerDate Aug<31>2005 18:03 Feb 23, 2006 Jkt 208001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 9521 administrative review of TRBs from the PRC for LYC. In addition, our Final Results inadvertently failed to include the Department’s determination with respect to three companies: Shanghai United Bearing Co., Ltd. (‘‘Shanghai United’’), Zhejiang Changshan Bearing (Group) Co., Ltd. (‘‘Changshan Bearing’’), and Zhejiang Changshan Change Bearing Co. (‘‘ZCCBC’’). In our preliminary results of review, we determined that Shanghai United, Changshan Bearing, and ZCCBC had failed to demonstrate their eligibility for separate rate status. Therefore, we preliminarily determined that they were part of the PRC–wide entity. See Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Notice of Intent to Rescind in Part, 70 FR 39744, 39751 (July 11, 2005) (‘‘Preliminary Results’’). Because the PRC–wide entity failed to cooperate in this review, we preliminarily determined that the application of total adverse facts available (‘‘AFA’’) was warranted and applied the rate of 60.95 percent to the PRC–wide entity. See 70 FR 39744, at 39751 and 39755. Since the Preliminary Results, no information has been placed on the record with respect to these companies. Therefore, we have not reconsidered our decision from the Preliminary Results. Consequently, for the amended final results of review, we shall continue to apply a total AFA rate of 60.95 percent to the PRC–wide entity (including Shanghai United, Changshan Bearing, and ZCCBC). The revised weighted–average dumping margin for LYC is detailed in the chart below. Manufacturer/Exporter LYC ............................... Weighted–Average Margin (Percent) 0.44* * This rate is de minimis. The Department shall determine, and U.S. Customs and Border Protection shall assess, antidumping duties on all appropriate entries based on the amended final results. For details on the assessment of antidumping duties on all appropriate entries, see Final Results, 71 FR 2517, 2523. These amended final results are published in accordance with sections 751(h) and 777(i)(1) of the Act. E:\FR\FM\24FEN1.SGM 24FEN1

Agencies

[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Notices]
[Pages 9520-9521]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2673]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-812]


Final Results of Inquiry Into Ukraine's Status as a Non-Market 
Economy Country.

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

ACTION: Final Results

-----------------------------------------------------------------------

SUMMARY: Ukraine has implemented economic and institutional reforms 
since gaining independence in 1991. The government of Ukraine (``GOU'') 
has undertaken substantial reforms relating to the factors examined by 
the Department of Commerce (``the Department'') under section 
771(18)(B) of the Tariff Act of 1930, as amended (``the Act''). See 
memorandum to David Spooner from Lawrence Norton, Shauna Lee-Alaia, and 
Anthony Hill, Decision Memorandum Regarding Ukraine's Status as a Non-
Market Economy Country for Purposes of the Antidumping Duty Law Under a 
Changed Circumstances Review of the Antidumping Duty Order on Carbon 
and Certain Alloy Steel Wire Rod from Ukraine (February 16, 2006) 
(``Decision Memorandum'').
    Based on the preponderance of evidence on reforms in Ukraine to 
date, analyzed as required under section 771(18)(B) of the Act, the 
Department determines that (1) revocation of Ukraine's non-market 
economy (``NME'') status under section 771(18)(B) of the Act is 
warranted, and (2) the effective date of this decision is February 1, 
2006. Accordingly, Ukrainian producers and exporters will be subject, 
to the antidumping rules applicable to market economy countries with 
respect to the analysis of transactions occurring on or after February 
1, 2006.

EFFECTIVE DATE: February 1, 2006.

FOR FURTHER INFORMATION CONTACT: Lawrence Norton or Shauna Lee-Alaia, 
Office of Policy, Import Administration, U.S. Department of Commerce, 
14th Street and Constitution Avenue, NW, Washington DC, 20230; 
telephone: 202-482-1579 or 202-482-2793, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department has treated Ukraine as an NME country in all past 
antidumping duty investigations and administrative reviews. See, e.g., 
Final Determination of Sales at Less Than Fair Value: Carbon and 
Certain Alloy Steel Wire Rod from Ukraine, 67 FR 55785 (August 30, 
2002); Final Determination of Sales at Less Than Fair Value: Certain 
Hot-Rolled Carbon Steel Flat Products from Ukraine, 66 FR 50401 
(October 3, 2001); and Final Determination of Sales at Less Than Fair 
Value: Steel Concrete Reinforcing Bars from Ukraine, 66 FR 1857 (April 
11, 2001). A designation as a NME remains in effect until it is revoked 
by the Department. See section 771(18)(C)(i) of the Act.
    On April 2, 2005, the GOU's Ministry of Economy and European 
Integration requested that the Department conduct a review of Ukraine's 
status as a NME country within the context of a changed circumstances 
review of the antidumping duty order on carbon and certain alloy steel 
wire rod from Ukraine. In response to this request, the Department 
initiated a changed circumstances review in order to determine whether 
Ukraine should continue to be treated as a NME country for purposes of 
the antidumping law, pursuant to sections 751(b) and 771(18)(C)(ii) of 
the Act. See Initiation of a Changed Circumstances Review of the 
Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod from 
Ukraine, 70 FR 21396 (April 26, 2005).
    In its notice of initiation, the Department invited public comment 
on Ukraine's ongoing economic reforms. Extensive initial and rebuttal 
comments were received on July 11, and August 31, 2005, respectively. 
On January 12, 2006, the Department requested further comment on 
Ukraine's reforms and extended the deadline for completion of the 
proceeding to February 16, 2006. See Changed Circumstances Review of 
the Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod 
from Ukraine: Opportunity to Comment on the Status of Ukraine as a Non-
Market Economy Country and Extension of Final Results 71 FR 2904 
(January 18, 2006). These comments have been made available to the 
public on the Import Administration Web site at the following address: 
https://ia.ita.doc.gov/. In addition, the Department has compiled and 
analyzed information regarding Ukrainian economic reforms from 
independent third-party sources such as the International Monetary 
Fund, the World Bank, and the European Bank for Reconstruction and 
Development.
    Ukraine's currency, the hryvnia, is freely convertible on the 
current account and is subject to market forces. Employees and 
management may freely negotiate wages, and workers have the right to 
unionize and engage in collective bargaining. Foreign direct investment 
is encouraged by the GOU in almost all sectors of the economy, and the 
law afford foreign and domestic investors equal treatment. Ukraine's 
efforts toward privatizing the economy have been substantial. At least 
65 percent of Ukraine's gross domestic product is in the hands of the 
private sector, and there are relatively few large state-owned 
enterprises remaining. Land, including land for agricultural use, is 
privately held, and foreign investors may own the land on which their 
investments are located. The GOU has withdrawn from its previous role 
as the primary resource allocator in the economy by privatizing 
virtually the entire banking sector and eliminating most price 
controls. Additionally, Ukraine is in the process of joining the World 
Trade Organization.
    Notwithstanding Ukraine's substantial progress, several aspects of 
Ukraine's economy require additional reform. Foreign direct investment, 
while increasing, has been very low. Ukraine should enhance the 
mechanisms for trade in land, particularly agricultural land. Ukraine 
continues to have a very difficult business environment, due to 
excessive government regulation, outdated legislation and corruption. 
In particular, small and medium-size enterprise growth and increases in 
foreign investment are hampered by Ukraine's difficult business 
environment.
    Overall, though, given the significant reforms discussed above and 
in the Decision Memorandum, Ukraine warrants designation as a market-

[[Page 9521]]

economy country, effective February 1, 2006.

    Dated: February 16, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-2673 Filed 2-23-06; 8:45 am]
BILLING CODE 3510-DS-S
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