Cut-to-Length Carbon Steel Plate From Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and the United Kingdom and Carbon Steel Plate From Taiwan; Second Five-year (Sunset) Reviews of Antidumping Duty Orders and Antidumping Finding; Final Results, 11577-11580 [E6-3297]

Download as PDF Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices The Committee was first established in February 1985 to advise the Director of the U.S. Census Bureau on ways to reduce the differential undercount for all populations in the 1990 census with a particular emphasis and focus on the Hispanic population. Upon meeting the standards set forth in Executive Order 12838 in that its charter is of compelling national interest and that other methods of obtaining public participation have been considered, the Committee was rechartered in the following years to provide advice on subsequent decennial censuses: 1987, 1989, 1991, 1994, 1996, 1998, 2000, 2002, and 2004. The Committee will consist of a Chair, Vice-Chair, and seven other members with a substantial interest in the conduct and outcome of the decennial census, the American Community Survey, and related programs. The Committee includes academicians, community leaders, and appropriate individuals from the public at large. The Committee will function solely as an advisory body, and in compliance with provisions of the Federal Advisory Committee Act. Copies of the revised charter will be filed with the appropriate Committees of the Congress and with the Library of Congress. Dated: March 3, 2006. Charles Louis Kincannon, Director, Bureau of the Census. [FR Doc. E6–3257 Filed 3–7–06; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE Bureau of the Census Census Advisory Committee on the Native Hawaiian and Other Pacific Islander Population erjones on PROD1PC68 with NOTICES AGENCY: Bureau of the Census, Department of Commerce. ACTION: Notice of charter renewal. SUMMARY: The Bureau of the Census (Census Bureau) is giving notice that it has renewed the Census Advisory Committee on the Native Hawaiian and Other Pacific Islander Population. FOR FURTHER INFORMATION CONTACT: Jeri Green, Committee Liaison Officer, Department of Commerce, U.S. Census Bureau, Room 3627, Federal Office Building 3, Washington, DC 20233, telephone (301) 763–2070, TTY (301) 457–2540. SUPPLEMENTARY INFORMATION: In accordance with the provisions of the Federal Advisory Committee Act, Title 5, United States Code, Appendix 2, and the General Services Administration (GSA) rule on Federal Advisory VerDate Aug<31>2005 15:53 Mar 07, 2006 Jkt 208001 Committee Management, Title 41, Code of Federal Regulations, Part 101–6, and after consultation with GSA, the Secretary of Commerce has determined that the renewal of the Census Advisory Committee on the Native Hawaiian and Other Pacific Islander Population is in the public interest in connection with the performance of duties imposed by law on the Department of Commerce. The Committee was first established in February 1985 to advise the Director of the U.S. Census Bureau on ways to reduce the differential undercount for all populations in the 1990 census with a particular emphasis and focus on the Native Hawaiian and Other Pacific Islander population. Upon meeting the standards set forth in Executive Order 12838, in that its charter is of compelling national interest and that other methods of obtaining public participation have been considered, the Committee was rechartered in the following years to provide input on subsequent decennial censuses: 1987, 1989, 1991, 1994, 1996, 1998, 2000, 2002, and 2004. The Committee will consist of a Chair, Vice-Chair, and seven other members with a substantial interest in the conduct and outcome of the decennial census, the American Community Survey, and related programs. The Committee includes academicians, community leaders, and appropriate individuals from the public at large. The Committee will function solely as an advisory body, and in compliance with provisions of the Federal Advisory Committee Act. Copies of the revised charter will be filed with the appropriate Committees of the Congress and with the Library of Congress. Dated: March 3, 2006. Charles Louis Kincannon, Director, Bureau of the Census. [FR Doc. E6–3253 Filed 3–7–06; 8:45 am] BILLING CODE 3510–07–P PO 00000 11577 DEPARTMENT OF COMMERCE International Trade Administration [A–423–805, A–351–817, A–405–802, A–428– 816, A–201–809, A–455–802, A–485–803, A– 469–803, A–401–805, A–412–814, A–583– 080] Cut–to-Length Carbon Steel Plate From Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and the United Kingdom and Carbon Steel Plate From Taiwan; Second Five-year (Sunset) Reviews of Antidumping Duty Orders and Antidumping Finding; Final Results AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 1, 2005, the Department of Commerce (the Department) initiated sunset reviews of the antidumping duty orders on cut–tolength carbon steel plate (CTL Plate) from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and the United Kingdom and the antidumping finding on carbon steel plate from Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of the notices of intent to participate and adequate substantive responses filed on behalf of domestic interested parties and no response or inadequate responses from respondent interested parties, the Department conducted expedited sunset reviews of these antidumping duty orders and antidumping finding. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders on CTL Plate from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and the United Kingdom and the antidumping finding on carbon steel plate from Taiwan would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ‘‘Final Results of Sunset Reviews.’’ EFFECTIVE DATE: March 8, 2006. FOR FURTHER INFORMATION CONTACT: Dana Mermelstein, Robert James, or Abdelali Elouaradia, 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) 482–1391, (202) 482– 0649, or (202) 482–1374, respectively. SUPPLEMENTARY INFORMATION: Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\08MRN1.SGM 08MRN1 11578 Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices erjones on PROD1PC68 with NOTICES Background On November 1, 2005, the Department initiated sunset reviews of the antidumping duty orders on CTL Plate from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and the United Kingdom and the antidumping finding on carbon steel plate from Taiwan pursuant to section 751(c) of the Act. See Initiation of Five-year (‘‘Sunset’’) Reviews, 70 FR 65844 (November 1, 2005). For each of these orders, the Department received a notice of intent to participate from Nucor Corporation (Nucor), Mittal Steel USA ISG Inc. (Mittal), IPSCO, Inc. (IPSCO), Oregon Steel Mills, Inc. (Oregon Steel), and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers Union, AFL–CIO-CLC (USW) (collectively, domestic interested parties) within the deadline specified in 19 CFR 351.218(d)(1)(i). Domestic interested parties claimed interested party status under sections 771(9)(C) or (D) of the Act either as a U.S. producer of a domestic like product or as a certified union engaged in the manufacture of a domestic like product. With respect to the antidumping duty orders on CTL Plate from Brazil, Finland, Germany, Mexico, Romania, Spain, and Sweden and the antidumping finding on carbon steel plate from Taiwan, we did not receive any responses from respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset reviews of these antidumping duty orders and the antidumping finding. With respect to the antidumping duty orders on CTL Plate from Belgium, Poland, and the United Kingdom, the Department received substantive responses from respondent interested parties within the deadline specified in 19 CFR 351.218(d)(3)(i).1 However, on December 21, 2005, the Department determined that the substantive responses filed by respondent interested parties were inadequate. Specifically, for the Belgian, Polish, and British orders, the Department found that total exports of the subject merchandise to the United States by participating respondent interested parties were below the 50 percent threshold (by volume) that the Department normally will consider to be an adequate foreign response as provided for in 19 CFR 351.218(e)(1)(ii)(A). Therefore, pursuant to section 751(c)(3)(B) of the Act and 19 1 In the case of the Belgian order, one respondent interested party also filed a waiver of participation. VerDate Aug<31>2005 15:53 Mar 07, 2006 Jkt 208001 CFR 351.218(e)(1)(ii)(C)(2), the Department also conducted expedited sunset reviews of the antidumping duty orders on CTL Plate from Belgium, Poland, and the United Kingdom. Scope of the Antidumping Duty Orders (CTL Plate from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and the United Kingdom) The products covered by these antidumping duty orders include hot– rolled carbon steel universal mill plates (i.e., flat–rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 millimeters but not exceeding 1,250 millimeters and of a thickness of not less than 4 millimeters, not in coils and without patterns in relief), of rectangular shape, neither clad, plated nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances; and certain hot–rolled carbon steel flat–rolled products in straight lengths, of rectangular shape, hot rolled, neither clad, plated, nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances, 4.75 millimeters or more in thickness and of a width which exceeds 150 millimeters and measures at least twice the thickness, as currently classifiable in the United States Harmonized Tariff Schedule (HTSUS) under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. Included are flat–rolled products of non–rectangular crosssection 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 is grade X–70 plate. These HTSUS item numbers are provided for convenience and customs purposes. The written description remains dispositive. As a result of a changed circumstances review with respect to Finland, Germany, and the United Kingdom,2 the order was partially revoked with respect to certain cut–to2 See Certain Cut-to-Length Carbon Steel Plate from Finland, Germany and the United Kingdom: Final Results of Changed Circumstances Antidumping Duty and Countervailing Duty Reviews, and Revocation of Orders in Part, 64 FR 46343 (August 25, 1999). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 length carbon steel plate with a maximum thickness of 80 mm in steel grades BS 7191, 355 EM and 355 EMZ, as amended by Sable Offshore Energy Project specification XB MOO Y 15 0001, types 1 and 2. As a result of a decision by the Court of International Trade,3 excluded from the scope of the antidumping duty order on CTL Plate from Belgium is cut-tolength floor plate imported by Duferco Steel, Inc. ‘‘with patterns in relief derived directly from the rolling process.’’ Scope of the Antidumping Finding (Carbon Steel Plate from Taiwan) The merchandise covered by this antidumping finding is hot–rolled carbon steel plate, 0.1875 inch or more in thickness, over 8 inches in width, not in coils, not pickled, not coated or plated with metal, not clad, other than black plate, and not pressed or stamped to nonrectangular shape. The merchandise under review is currently classifiable under items 7208.40.30.30, 7208.40.30.60, 7208.51.00.30, 7208.51.00.45, 7208.51.00.60, 7208.52.00.00, 7208.90.00.00, 7210.70.30.00, 7210.90.90.00, 7211.13.00.00, 7211.14.00.30, 7211.14.00.45, 7211.90.00.00, 7212.40.10.00, 7212.40.50.00, and 7212.50.00.00 of the HTSUS. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise under investigation is dispositive. All issues raised in these sunset reviews are addressed in the ‘‘Issues and Decision Memorandum’’ from Stephen J. Claeys, Deputy Assistant Secretary for Operations, Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated March 1, 2006 (Decision Memorandum), which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the orders and finding were revoked. Parties can find a complete discussion of all issues raised in these sunset reviews and the corresponding recommendation in this public memorandum, which is on file in room B–099 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at https:// ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memorandum are identical in content. 3 See Duferco Steel, Inc. v. United States, 26 CIT 1241 (October 17, 2002). E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices Final Results of Sunset Reviews BRAZIL—Continued We determine that revocation of the antidumping duty orders on CTL Plate from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and the United Kingdom and the antidumping finding on carbon steel plate from Taiwan would likely lead to continuation or recurrence of dumping at the following percentage weighted–average margins: BELGIUM Weighted– Average Margin (Percent) Manufacturers/Exporters Forges de Clabecq, S.A.4 .......... Fabrique de Fer Chaleroi, S.A. (FFC) ....................................... All Other Belgian Manufacturers and Exporters .......................... Manufacturers/Exporters All Other Brazilian Manufacturers and Exporters .......................... erjones on PROD1PC68 with NOTICES 17:23 Mar 07, 2006 75.54 the first sunset review of CTL Plate from Brazil, the Department reported one margin for USIMINAS and COSIPA because the Department had collapsed these companies and treated them as a single entity in the most recently completed administrative review. See Certain Cut-to-Length Carbon Steel Plate from Brazil: Amendment of Final Results of Antidumping Duty Administrative Review, 63 FR 20570 (April 27, 1998). Thus, we are reporting a single margin to the ITC for the two entities as we did in the first sunset review. See Decision Memorandum at 26. Manufacturers/Exporters Metalexportimport SA ................. All Other Romanian Manufacturers and Exporters ................... Weighted– Average Margin (Percent) 75.04 75.04 SPAIN Manufacturers/Exporters Ensidesa ..................................... All Other Spanish Manufacturers and Exporters .......................... FINLAND Weighted– Average Margin (Percent) 105.61 105.61 SWEDEN 13.315 6.84 Manufacturers/Exporters Rautaruukki Oy ........................... All Other Finnish Manufacturers and Exporters .......................... Weighted– Average Margin (Percent) Manufacturers/Exporters Dillenger Huttenwerke ................ All Other German Manufacturers and Exporters .......................... 40.36 40.36 Manufacturers/Exporters Svenskt Staal ABC ..................... All Other Swedish Manufacturers and Exporters .......................... Manufacturers/Exporters Altos Hornos de Mexico, S.A. de C.V. ......................................... All Other Mexican Manufacturers and Exporters .......................... Weighted– Average Margin (Percent) 36.00 36.00 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 24.23 24.23 Manufacturers/Exporters China Steel Corporation ............. All Other Taiwanese Manufacturers and Exporters ................... Weighted– Average Margin (Percent) 34.00 34.00 UNITED KINGDOM Weighted– Average Margin (Percent) 49.25 49.25 POLAND All Polish Manufacturers and Exporters ..................................... Weighted– Average Margin (Percent) TAIWAN MEXICO 42.686 Jkt 208001 Weighted– Average Margin (Percent) GERMANY BRAZIL VerDate Aug<31>2005 Weighted– Average Margin (Percent) 6 In Manufacturers/Exporters Usinas Siderurgicas de Minas Gerais S.A. (USIMINAS)/ Companhia Siderurgica Paulista (COSIPA) .................. ROMANIA 6.78 4 The Department has never conducted a changed circumstance review finding that Duferco Clabecq S.A. (Duferco) is the successor-in-interest to Forges de Clabecq, S.A. As a result, Duferco is subject to the all others rate. 5 For this sunset review, we have reported the rate calculated from the original investigation for FFC. The Department notes that in the first sunset review it reported to the International Trade Commission (ITC) a margin of 27.5 percent for FFC. See Cut-to-Length Carbon Steel Plate From Belgium; Final Results of Expedited Sunset Review of Antidumping Duty Order, 65 FR 18292 (April 7, 2000) and the accompanying Issues and Decision Memorandum at Comment 2. This rate was based on the 13.75 percent margin found in the 1995-1996 administrative review, doubled to account for a 100 percent finding of duty absorption. As stated in the final results of the first sunset review, the Department reported the 27.5 percent margin ‘‘[c]onsistent with our stated policy of providing the Commission the higher of the margin the Department otherwise would have reported to the Commission or the most recent margin for that company adjusted to account for the Department’s findings on duty absorption.’’ See id. However, on March 22, 2000, the CIT found that the Department lacked authority to conduct a duty absorption inquiry for an antidumping order issued prior to January 1, 1995. See SKF USA Inc. v. United States, 24 CIT 174 (CIT 2000). Therefore, we are reporting to the ITC the higher calculated rate from the original investigation and we find that there is no basis to provide to the ITC a more recently calculated margin. See Decision Memorandum at 25–26. Manufacturers/Exporters 11579 Manufacturers/Exporters British Steel plc 7 ........................ All Other British Manufacturers and Exporters .......................... Weighted– Average Margin (Percent) 109.22 109.22 7 The Department has never conducted a changed circumstance review finding that Corus Group plc (Corus) is the successor-ininterest to British Steel plc. Therefore, Corus is subject to the ‘‘all others’’ rate. Weighted– Average Margin (Percent) This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary 61.98 information disclosed under APO in accordance with 19 CFR 351.305 of the Department’s regulations. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the E:\FR\FM\08MRN1.SGM 08MRN1 11580 Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices DEPARTMENT OF COMMERCE Period of Review International Trade Administration The POR is February 1, 2004, through January 31, 2005. [A–570–803] Case History Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People’s Republic of China: Preliminary Results of Administrative Reviews and Preliminary Partial Rescission of Antidumping Duty Administrative Reviews General On February 19, 1991, the Department published in the Federal Register four antidumping duty orders on heavy forged hand tools (‘‘HFHTs’’) from the PRC. See Antidumping Duty Orders: Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles From the People’s Republic of China, 56 FR 6622 (February 19, 1991). Imports covered by these orders comprise the following classes or kinds of merchandise: (1) Hammers and sledges with heads over 1.5 kg (3.33 pounds) (hammers/sledges); (2) bars over 18 inches in length, track tools and wedges (bars/wedges); (3) picks/mattocks; and (4) axes/adzes. See the ‘‘Scope of the Antidumping Duty Orders’’ section below for the complete description of subject merchandise. On February 1, 2005, the Department published an opportunity to request a review on all four antidumping duty orders on HFHTs from the PRC. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 70 FR 5136 (February 1, 2005). On February 25, 2005, the following companies requested an administrative review for certain orders: Huarong for the axes/ adzes and bars/wedges order, SMC for bars/wedges and hammers/sledges, TMC for axes/adzes, hammers/sledges, and picks/mattocks, SXT for all four orders, and Iron Bull for all four orders. On February 28, 2005, the Petitioner requested administrative reviews of 16 companies,1 covering all four antidumping duty orders. On March 23, 2005, the Department initiated the 14th administrative review of HFHTs from the PRC, for twenty-one companies in the axes/adzes and bars/wedges orders, and twenty companies in the hammers/ sledges and picks/mattocks orders. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part (‘‘Initiation’’), 70 FR 14643 (March 23, 2005). On June 9, 2005, the Department transferred certain documents from the 13th Administrative Review of HFHTs on to the record of this review. See Memo to the File from Hallie Noel Zink, Case Analyst: Heavy Forged Hand Tools from the People’s Republic of China— Document Transfer, dated June 9, 2005. On June 28, 2005, the Department placed TMC’s verification report from the 13th Administrative Review of HFHTs on to the record of the instant review. See Memo to the File from Hallie Noel Zink, Case Analyst: Heavy Forged Hand Tools from the People’s Republic of China—Document Transfer, dated June 28, 2005. On October 21, 2005, the Department extended the time limit for the preliminary results of the instant review on HFHTs from the PRC. See Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People’s Republic of China: Extension of Time Limit for the Preliminary Results of the Antidumping Duty Administrative Review, 70 FR 62095 (October 28, 2005). Duty Absorption regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: March 1, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–3297 Filed 3–7–06; 8:45 am] BILLING CODE 3510–DS–S Corporation (‘‘TMC’’)), Cindy Robinson (Respondent Iron Bull), and Nicole Bankhead (Respondent Shandong Machinery Import & Export Company (‘‘SMC’’)), AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2312, (202) 482–3797 and (202) 482–9068, respectively. erjones on PROD1PC68 with NOTICES SUPPLEMENTARY INFORMATION: AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) is conducting administrative reviews of the antidumping duty orders on heavy forged hand tools, finished or unfinished, with or without handles, from the People’s Republic of China (‘‘PRC’’). These reviews cover imports of subject merchandise from eighteen manufacturers and/or exporters. We preliminarily find that certain manufacturers and/or exporters sold subject merchandise at less than normal value (‘‘NV’’) during the period of review (‘‘POR’’). We are preliminarily rescinding the reviews for all four orders for Shanghai Xinike Trading Company (‘‘SXT’’), for the order on hammers/sledges for Shandong Huarong Machinery Co., Ltd. (‘‘Huarong’’) and Iron Bull Industrial Co., Ltd. (‘‘Iron Bull’’), and also for the order on picks/ mattocks for Huarong and Iron Bull. In addition, we are preliminarily rescinding the review for Iron Bull with respect to the axes/adzes order. If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. We will issue the final review results no later than 120 days from the date of publication of this notice. EFFECTIVE DATE: March 8, 2006. FOR FURTHER INFORMATION CONTACT: Matthew Renkey (Respondents Huarong and Tianjin Machinery Import & Export VerDate Aug<31>2005 15:53 Mar 07, 2006 Jkt 208001 1 Lianing Machinery Import and Export Corp (‘‘LMC’’), LIMAC, Huarong, Shandong Jinma Industrial Group Company (‘‘Jinma’’), SMC, Tianjin Machinery Import and Export Corporation (‘‘TMC’’), Changzhou Light Industrial Tools, Laoling Pangu Tools, Leiling Zhengtai Tools Co., Ltd, Jiangsu Sainty International Group Co., Ltd., Shanghai J.E. Tools, Shanxi Tianli Industries Co., PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 On April 5, 2005, the Petitioner requested that the Department conduct a duty absorption review to determine whether all initiated companies have absorbed antidumping duties in accordance with 19 CFR 351.213(j)(2004). On May 31, 2005, the Department issued a memo to the file stating that because the antidumping duty orders on HFHTs from the PRC have been in effect since 1991, they are ‘‘transition orders’’ in accordance with section 751(c)(6)(C) of the Act, and therefore the Department cannot not make a duty absorption determination. See Memo to the File, from Hallie Zink, Case Analyst, through Alex Villanueva, Program Manager, re: Duty Absorption Request, dated May 18, 2005. Questionnaires and Responses On April 6, 2005, the Department issued Section A, C and D of the Ltd. (‘‘Shanxi Tianli’’), Jafsam Metal Products (‘‘Jafsam’’), Suqian Foreign Trade Corp., Suqian Telee Tools, and Laiwu Zhongtai Forging. E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Notices]
[Pages 11577-11580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3297]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-805, A-351-817, A-405-802, A-428-816, A-201-809, A-455-802, A-
485-803, A-469-803, A-401-805, A-412-814, A-583-080]


Cut-to-Length Carbon Steel Plate From Belgium, Brazil, Finland, 
Germany, Mexico, Poland, Romania, Spain, Sweden, and the United Kingdom 
and Carbon Steel Plate From Taiwan; Second Five-year (Sunset) Reviews 
of Antidumping Duty Orders and Antidumping Finding; Final Results

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 1, 2005, the Department of Commerce (the 
Department) initiated sunset reviews of the antidumping duty orders on 
cut-to-length carbon steel plate (CTL Plate) from Belgium, Brazil, 
Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and the 
United Kingdom and the antidumping finding on carbon steel plate from 
Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act). On the basis of the notices of intent to participate 
and adequate substantive responses filed on behalf of domestic 
interested parties and no response or inadequate responses from 
respondent interested parties, the Department conducted expedited 
sunset reviews of these antidumping duty orders and antidumping 
finding. As a result of these sunset reviews, the Department finds that 
revocation of the antidumping duty orders on CTL Plate from Belgium, 
Brazil, Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and 
the United Kingdom and the antidumping finding on carbon steel plate 
from Taiwan would likely lead to continuation or recurrence of dumping 
at the levels listed below in the section entitled ``Final Results of 
Sunset Reviews.''

EFFECTIVE DATE: March 8, 2006.

FOR FURTHER INFORMATION CONTACT: Dana Mermelstein, Robert James, or 
Abdelali Elouaradia, 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) 482-1391, (202) 482-0649, or (202) 482-1374, 
respectively.

SUPPLEMENTARY INFORMATION:

[[Page 11578]]

Background

    On November 1, 2005, the Department initiated sunset reviews of the 
antidumping duty orders on CTL Plate from Belgium, Brazil, Finland, 
Germany, Mexico, Poland, Romania, Spain, Sweden, and the United Kingdom 
and the antidumping finding on carbon steel plate from Taiwan pursuant 
to section 751(c) of the Act. See Initiation of Five-year (``Sunset'') 
Reviews, 70 FR 65844 (November 1, 2005). For each of these orders, the 
Department received a notice of intent to participate from Nucor 
Corporation (Nucor), Mittal Steel USA ISG Inc. (Mittal), IPSCO, Inc. 
(IPSCO), Oregon Steel Mills, Inc. (Oregon Steel), and the United Steel, 
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial 
and Service Workers Union, AFL-CIO-CLC (USW) (collectively, domestic 
interested parties) within the deadline specified in 19 CFR 
351.218(d)(1)(i). Domestic interested parties claimed interested party 
status under sections 771(9)(C) or (D) of the Act either as a U.S. 
producer of a domestic like product or as a certified union engaged in 
the manufacture of a domestic like product. With respect to the 
antidumping duty orders on CTL Plate from Brazil, Finland, Germany, 
Mexico, Romania, Spain, and Sweden and the antidumping finding on 
carbon steel plate from Taiwan, we did not receive any responses from 
respondent interested parties. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted expedited sunset reviews of these antidumping duty 
orders and the antidumping finding. With respect to the antidumping 
duty orders on CTL Plate from Belgium, Poland, and the United Kingdom, 
the Department received substantive responses from respondent 
interested parties within the deadline specified in 19 CFR 
351.218(d)(3)(i).\1\ However, on December 21, 2005, the Department 
determined that the substantive responses filed by respondent 
interested parties were inadequate. Specifically, for the Belgian, 
Polish, and British orders, the Department found that total exports of 
the subject merchandise to the United States by participating 
respondent interested parties were below the 50 percent threshold (by 
volume) that the Department normally will consider to be an adequate 
foreign response as provided for in 19 CFR 351.218(e)(1)(ii)(A). 
Therefore, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department also conducted expedited sunset 
reviews of the antidumping duty orders on CTL Plate from Belgium, 
Poland, and the United Kingdom.
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    \1\ In the case of the Belgian order, one respondent interested 
party also filed a waiver of participation.
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Scope of the Antidumping Duty Orders (CTL Plate from Belgium, Brazil, 
Finland, Germany, Mexico, Poland, Romania, Spain, Sweden, and the 
United Kingdom)

    The products covered by these antidumping duty orders include hot-
rolled carbon steel universal mill plates (i.e., flat-rolled products 
rolled on four faces or in a closed box pass, of a width exceeding 150 
millimeters but not exceeding 1,250 millimeters and of a thickness of 
not less than 4 millimeters, not in coils and without patterns in 
relief), of rectangular shape, neither clad, plated nor coated with 
metal, whether or not painted, varnished, or coated with plastics or 
other nonmetallic substances; and certain hot-rolled carbon steel flat-
rolled products in straight lengths, of rectangular shape, hot rolled, 
neither clad, plated, nor coated with metal, whether or not painted, 
varnished, or coated with plastics or other nonmetallic substances, 
4.75 millimeters or more in thickness and of a width which exceeds 150 
millimeters and measures at least twice the thickness, as currently 
classifiable in the United States Harmonized Tariff Schedule (HTSUS) 
under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 
7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 
7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. Included 
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 is 
grade X-70 plate. These HTSUS item numbers are provided for convenience 
and customs purposes. The written description remains dispositive.
    As a result of a changed circumstances review with respect to 
Finland, Germany, and the United Kingdom,\2\ the order was partially 
revoked with respect to certain cut-to-length carbon steel plate with a 
maximum thickness of 80 mm in steel grades BS 7191, 355 EM and 355 EMZ, 
as amended by Sable Offshore Energy Project specification XB MOO Y 15 
0001, types 1 and 2.
---------------------------------------------------------------------------

    \2\ See Certain Cut-to-Length Carbon Steel Plate from Finland, 
Germany and the United Kingdom: Final Results of Changed 
Circumstances Antidumping Duty and Countervailing Duty Reviews, and 
Revocation of Orders in Part, 64 FR 46343 (August 25, 1999).
---------------------------------------------------------------------------

    As a result of a decision by the Court of International Trade,\3\ 
excluded from the scope of the antidumping duty order on CTL Plate from 
Belgium is cut-to-length floor plate imported by Duferco Steel, Inc. 
``with patterns in relief derived directly from the rolling process.''
---------------------------------------------------------------------------

    \3\ See Duferco Steel, Inc. v. United States, 26 CIT 1241 
(October 17, 2002).
---------------------------------------------------------------------------

Scope of the Antidumping Finding (Carbon Steel Plate from Taiwan)

    The merchandise covered by this antidumping finding is hot-rolled 
carbon steel plate, 0.1875 inch or more in thickness, over 8 inches in 
width, not in coils, not pickled, not coated or plated with metal, not 
clad, other than black plate, and not pressed or stamped to 
nonrectangular shape. The merchandise under review is currently 
classifiable under items 7208.40.30.30, 7208.40.30.60, 7208.51.00.30, 
7208.51.00.45, 7208.51.00.60, 7208.52.00.00, 7208.90.00.00, 
7210.70.30.00, 7210.90.90.00, 7211.13.00.00, 7211.14.00.30, 
7211.14.00.45, 7211.90.00.00, 7212.40.10.00, 7212.40.50.00, and 
7212.50.00.00 of the HTSUS. Although the HTSUS subheading is provided 
for convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive.
    All issues raised in these sunset reviews are addressed in the 
``Issues and Decision Memorandum'' from Stephen J. Claeys, Deputy 
Assistant Secretary for Operations, Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, dated March 1, 
2006 (Decision Memorandum), which is hereby adopted by this notice. The 
issues discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail if the orders and finding were revoked. Parties can 
find a complete discussion of all issues raised in these sunset reviews 
and the corresponding recommendation in this public memorandum, which 
is on file in room B-099 of the main Department building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at https://ia.ita.doc.gov/frn/
index.html. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

[[Page 11579]]

Final Results of Sunset Reviews

    We determine that revocation of the antidumping duty orders on CTL 
Plate from Belgium, Brazil, Finland, Germany, Mexico, Poland, Romania, 
Spain, Sweden, and the United Kingdom and the antidumping finding on 
carbon steel plate from Taiwan would likely lead to continuation or 
recurrence of dumping at the following percentage weighted-average 
margins:

                                 Belgium
------------------------------------------------------------------------
                                                            Weighted-
                Manufacturers/Exporters                   Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Forges de Clabecq, S.A.\4\.............................           6.78
Fabrique de Fer Chaleroi, S.A. (FFC)...................       13.31\5\
All Other Belgian Manufacturers and Exporters..........           6.84
------------------------------------------------------------------------
\4\ The Department has never conducted a changed circumstance review
  finding that Duferco Clabecq S.A. (Duferco) is the successor-in-
  interest to Forges de Clabecq, S.A. As a result, Duferco is subject to
  the all others rate.
\5\ For this sunset review, we have reported the rate calculated from
  the original investigation for FFC. The Department notes that in the
  first sunset review it reported to the International Trade Commission
  (ITC) a margin of 27.5 percent for FFC. See Cut-to-Length Carbon Steel
  Plate From Belgium; Final Results of Expedited Sunset Review of
  Antidumping Duty Order, 65 FR 18292 (April 7, 2000) and the
  accompanying Issues and Decision Memorandum at Comment 2. This rate
  was based on the 13.75 percent margin found in the 1995-1996
  administrative review, doubled to account for a 100 percent finding of
  duty absorption. As stated in the final results of the first sunset
  review, the Department reported the 27.5 percent margin ``[c]onsistent
  with our stated policy of providing the Commission the higher of the
  margin the Department otherwise would have reported to the Commission
  or the most recent margin for that company adjusted to account for the
  Department's findings on duty absorption.'' See id. However, on March
  22, 2000, the CIT found that the Department lacked authority to
  conduct a duty absorption inquiry for an antidumping order issued
  prior to January 1, 1995. See SKF USA Inc. v. United States, 24 CIT
  174 (CIT 2000). Therefore, we are reporting to the ITC the higher
  calculated rate from the original investigation and we find that there
  is no basis to provide to the ITC a more recently calculated margin.
  See Decision Memorandum at 25-26.


                                 Brazil
------------------------------------------------------------------------
                                                            Weighted-
                Manufacturers/Exporters                   Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Usinas Siderurgicas de Minas Gerais S.A. (USIMINAS)/          42.68\6\
 Companhia Siderurgica Paulista (COSIPA)...............
All Other Brazilian Manufacturers and Exporters........          75.54
------------------------------------------------------------------------
\6\ In the first sunset review of CTL Plate from Brazil, the Department
  reported one margin for USIMINAS and COSIPA because the Department had
  collapsed these companies and treated them as a single entity in the
  most recently completed administrative review. See Certain Cut-to-
  Length Carbon Steel Plate from Brazil: Amendment of Final Results of
  Antidumping Duty Administrative Review, 63 FR 20570 (April 27, 1998).
  Thus, we are reporting a single margin to the ITC for the two entities
  as we did in the first sunset review. See Decision Memorandum at 26.


                                 Finland
------------------------------------------------------------------------
                                                            Weighted-
                Manufacturers/Exporters                   Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Rautaruukki Oy.........................................          40.36
All Other Finnish Manufacturers and Exporters..........          40.36
------------------------------------------------------------------------


                                 Germany
------------------------------------------------------------------------
                                                            Weighted-
                Manufacturers/Exporters                   Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Dillenger Huttenwerke..................................          36.00
All Other German Manufacturers and Exporters...........          36.00
------------------------------------------------------------------------


                                 Mexico
------------------------------------------------------------------------
                                                            Weighted-
                Manufacturers/Exporters                   Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Altos Hornos de Mexico, S.A. de C.V....................          49.25
All Other Mexican Manufacturers and Exporters..........          49.25
------------------------------------------------------------------------


                                 Poland
------------------------------------------------------------------------
                                                            Weighted-
                Manufacturers/Exporters                   Average Margin
                                                            (Percent)
------------------------------------------------------------------------
All Polish Manufacturers and Exporters.................          61.98
------------------------------------------------------------------------


                                 Romania
------------------------------------------------------------------------
                                                            Weighted-
                Manufacturers/Exporters                   Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Metalexportimport SA...................................          75.04
All Other Romanian Manufacturers and Exporters.........          75.04
------------------------------------------------------------------------


                                  Spain
------------------------------------------------------------------------
                                                            Weighted-
                Manufacturers/Exporters                   Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Ensidesa...............................................         105.61
All Other Spanish Manufacturers and Exporters..........         105.61
------------------------------------------------------------------------


                                 Sweden
------------------------------------------------------------------------
                                                            Weighted-
                Manufacturers/Exporters                   Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Svenskt Staal ABC......................................          24.23
All Other Swedish Manufacturers and Exporters..........          24.23
------------------------------------------------------------------------


                                 Taiwan
------------------------------------------------------------------------
                                                            Weighted-
                Manufacturers/Exporters                   Average Margin
                                                            (Percent)
------------------------------------------------------------------------
China Steel Corporation................................          34.00
All Other Taiwanese Manufacturers and Exporters........          34.00
------------------------------------------------------------------------


                             United Kingdom
------------------------------------------------------------------------
                                                            Weighted-
                Manufacturers/Exporters                   Average Margin
                                                            (Percent)
------------------------------------------------------------------------
British Steel plc \7\..................................         109.22
All Other British Manufacturers and Exporters..........         109.22
------------------------------------------------------------------------
\7\ The Department has never conducted a changed circumstance review
  finding that Corus Group plc (Corus) is the successor-in-interest to
  British Steel plc. Therefore, Corus is subject to the ``all others''
  rate.

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the

[[Page 11580]]

regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: March 1, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-3297 Filed 3-7-06; 8:45 am]
BILLING CODE 3510-DS-S