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]
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Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices
The Committee was first established
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of the U.S. Census Bureau on ways to
reduce the differential undercount for
all populations in the 1990 census with
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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,
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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)
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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
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Committee Management, Title 41, Code
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after consultation with GSA, the
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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
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Vice-Chair, and seven other members
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charter will be filed with the
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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:
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Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices
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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.
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15:53 Mar 07, 2006
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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).
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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).
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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 ..........................
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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
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Fmt 4703
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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
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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.
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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.,
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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.
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\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).
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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.''
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\3\ See Duferco Steel, Inc. v. United States, 26 CIT 1241
(October 17, 2002).
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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
