Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review, 13080-13082 [E6-3621]

Download as PDF 13080 Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices sampled U.S. sales by the weighting factor only once when calculating importer–specific duty rates. Subsequently, the CIT affirmed the Department’s remand redetermination. See RHP Bearings Ltd. et al v. United States, Consol. Court No. 97–02–00217, Slip Op. 97–90 (July 7, 1997). On December 16, 1999, the CIT remanded the case and instructed the Department to exclude from NSK/RHP’s U.S. sales database any sample transactions that were not supported by consideration and to include imputed inventory carrying costs in the calculation of CEP offset when matching CEP sales to CV. See RHP Bearings Ltd. et al v. United States, Consol. Court No. 97–02–00217, Slip Op. 99–134 at 54 (December 16, 1999). Subsequently, the CIT affirmed the Department’s remand redetermination. See RHP Bearings Ltd. et al v. United States, Consol. Court No. 97–02–00217, Slip Op. 00–168 (December 21, 2000). As there are now final and conclusive court decisions with respect to the companies affected by these remand orders, we are amending our final results of reviews for these companies. We will instruct U.S. Customs and Border Protection (CBP) to liquidate the relevant entries subject to these reviews in accordance with our remand results. Amended Final Results of Reviews We are now amending the final results of the 1994–1995 administrative reviews of the antidumping duty orders on AFBs from France, Germany, Italy, and the United Kingdom to reflect the revised weighted–average margins. We determine that the revised weighted– average margins for the period May 1, 1994, through April 30, 1995, are as follows:1 BBs (%) FAG Italy ........................................................................................................ SKF Italy ........................................................................................................ FAG Germany ................................................................................................ INA Germany ................................................................................................. SKF Germany ................................................................................................ SNR France ................................................................................................... SKF France .................................................................................................... NSK/RHP—United Kingdom .......................................................................... Also, we are now amending the final results of the 1995–1996 administrative reviews of the antidumping duty orders CRBs (%) 4.12 2.86 13.42 19.43 2.33 4.29 5.08 15.76 on AFBs from Germany to reflect the revised weighted–average margins. We determine that the revised weighted– --22.59 18.31 9.34 6.36 -15.50 Accordingly, the Department will determine and CBP will assess appropriate antidumping duties on entries of the subject merchandise produced and/or exported by the affected companies. Individual differences between U.S. price and normal value may vary from the above percentages. The Department will issue assessment instructions to CBP within 15 days of publication of this notice. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 7, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–3619 Filed 3–13–06; 8:45 am] wwhite on PROD1PC65 with NOTICES BILLING CODE 3510–DS–S 1 Litigation did not result in any changes to the weighted-average margins for BBs from NTN Germany or SPBs from SKF France. VerDate Aug<31>2005 19:18 Mar 13, 2006 Jkt 208001 CRBs (%) 13.25 44.53 DEPARTMENT OF COMMERCE International Trade Administration [A–580–836] Certain Cut–to-Length Carbon–Quality Steel Plate Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 7, 2005, the Department of Commerce (the ‘‘Department’’) published the preliminary results of the administrative review of the antidumping duty order on certain cut–to-length carbon–quality steel plate products (steel plate) from the Republic of Korea. See Certain Cut– to-Length Carbon–Quality Steel Plate Products From the Republic of Korea: Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review, 70 FR 67428 AGENCY: 2 The subsequent litigation did not result in any changes in the weighted-average margins for NTN PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 --12.08 -6.19 ---- average margins for the period May 1, 1995, through April 30, 1996, are as follows2: BBs (%) FAG Germany ................................................................................................ INA Germany ................................................................................................. SPBs (%) SPBs (%) 19.53 20.09 10.32 28.62 (November 7, 2005) (‘‘Preliminary Results’’). This review covers one producer/exporter of steel plate. The period of review (POR) is February 1, 2004, through January 31, 2005. Based on our analysis of the comments received, we have made changes to the margin calculation. Therefore, these final results differ from the Preliminary Results. The final weighted–average dumping margin for the reviewed firm is listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: March 14, 2006. FOR FURTHER INFORMATION CONTACT: Malcolm Burke or Magd Zalok, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482–3584 or (202) 482– 4162, respectively. SUPPLEMENTARY INFORMATION: Germany, SNR France, SKF France, and SKF Germany. E:\FR\FM\14MRN1.SGM 14MRN1 13081 Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices wwhite on PROD1PC65 with NOTICES Background On November 7, 2005, the Department published the Preliminary Results in the Federal Register and invited interested parties to comment on those results. On December 7, 2005, the Department received a case brief, and a request for a hearing, from the sole respondent, Dongkuk Steel Mill Co., Ltd. (‘‘DSM’’). The Department did not receive either a case or rebuttal brief from the petitioners, or other interested parties. DSM withdrew its request for a hearing on December 14, 2005. Scope of the Order The products covered by the antidumping duty order are certain hot– rolled carbon–quality steel: (1) Universal mill plates (i.e., flat–rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or actual thickness of not less than 4 mm, which are cut–tolength (not in coils) and without patterns in relief), of iron or non–alloyquality steel; and (2) flat–rolled products, hot–rolled, of a nominal or actual thickness of 4.75 mm or more and of a width which exceeds 150 mm and measures at least twice the thickness, and which are cut–to-length (not in coils). Steel products to be included in the scope of the order are of rectangular, square, circular or other shape and of rectangular or non–rectangular cross– section where such non–rectangular 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. Steel products that meet the noted physical characteristics that are painted, varnished or coated with plastic or other non–metallic substances are included within this scope. Also, specifically included in the scope of the order are high strength, low alloy (HSLA) steels. HSLA steels are recognized as steels with micro–alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Steel products to be included in this scope, regardless of Harmonized Tariff Schedule of the United States (HTSUS) definitions, are products in which: (1) Iron predominates, by weight, over each of the other contained elements, (2) the carbon content is two percent or less, by weight, and (3) none of the elements listed below is equal to or exceeds the quantity, by weight, respectively indicated: 1.80 percent of manganese, or 1.50 percent of silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 VerDate Aug<31>2005 20:18 Mar 13, 2006 Jkt 208001 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent zirconium. All products that meet the written physical description, and in which the chemistry quantities do not equal or exceed any one of the levels listed above, are within the scope of the order unless otherwise specifically excluded. The following products are specifically excluded from the order: (1) Products clad, plated, or coated with metal, whether or not painted, varnished or coated with plastic or other non–metallic substances; (2) SAE grades (formerly AISI grades) of series 2300 and above; (3) products made to ASTM A710 and A736 or their proprietary equivalents; (4) abrasion–resistant steels (i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball bearing steels; (7) tool steels; and (8) silicon manganese steel or silicon electric steel. Imports of steel plate are currently classified in the HTSUS under subheadings: 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, 7212.50.0000, 7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, 7226.99.0000. The HTSUS subheadings are provided for convenience and CBP purposes. The written description of the merchandise covered by the order is dispositive. Analysis of Comments Received The issues raised in the case brief are addressed in the Issues and Decision Memorandum to David M. Spooner, Assistant Secretary for Import Administration, from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, dated concurrently herewith (the ‘‘Decision Memorandum’’), which is adopted herein, by reference. Attached, as an appendix to this notice, is a list of the comments the Department received from interested parties, all of which are discussed in the Decision Memorandum. The Decision Memorandum is on file in the Central Record Unit, Room B–099 of the Herbert C. Hoover Building, and may be PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 accessed on the Web at https:// ia.ita.doc.gov. Changes Since the Preliminary Results Based on our analysis of the comments received, the Department has revised the calculation of net U.S. price to properly account for credit notes issued to compensate customers for merchandise lost in transit. This revision is further discussed in the Decision Memorandum. Final Results of Review As a result of this review, we determine that the following weighted– average dumping margin exists for the period February 1, 2004, through January 31, 2005: Manufacturer/Exporter Dongkuk Steel Mill Co., Ltd. Margin (percent) 0.18 (de minimis) Assessment The Department has determined, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries, pursuant to 19 CFR § 351.212(b). The Department calculated an importer– specific duty assessment rate on the basis of the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales. Where the importer–specific assessment rate is above de minimis, the Department will instruct CBP to assess the importer– specific rate uniformly on the entered value of all entries of subject merchandise by that importer. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the final results of review. Cash Deposits The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Tariff Act of 1930, as amended (the ‘‘Act’’). In the instant matter: (1) since the dumping margin for DSM is de minimis (less than 0.50 percent), no cash deposit will be required for DSM; (2) for previously investigated or reviewed companies not listed above, the cash deposit rate will continue to be the company–specific rate published for the most recent period; (3) if the exporter is not a firm E:\FR\FM\14MRN1.SGM 14MRN1 13082 Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices covered in this review, a prior review, or the less–than-fair–value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be the ‘‘all others’’ rate of 0.98 percent, which is the ‘‘all others’’ rate established in the LTFV investigation, adjusted for the export subsidy rate in the companion countervailing duty investigation. These cash deposit rates, when imposed, shall remain in effect until publication of the final results of the next administrative review. See section 751(a)(2)(C) of the Act. Notification to Parties This notice serves as a final reminder to importers of their responsibility under 19 CFR § 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of the antidumping duties occurred and the concomitant assessment of double antidumping duties. This notice is also the only reminder to parties subject to the administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR § 351.305. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. The Department is publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 7, 2006. David M. Spooner, Assistant Secretary for Import Administration. A–201–802 Gray Portland Cement and Clinker from Mexico: Agreement Between the Office of the United States Trade Representative, The United States Department of Commerce and Secretaria de Economia of Mexico on Trade in Cement Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Office of the United States Trade Representative (USTR) and the United States Department of Commerce (Commerce) have entered into an agreement with the Secretaria de Economia of Mexico pertaining to imports of gray portland cement and clinker from Mexico (Mexican Cement). The Agreement Between the Office of the United States Trade Representative and the Department of Commerce of the United States of America and the Ministry of Economy of the United Mexican States (Secretaria de Economia) on Trade in Cement (Agreement) provides for the settlement or suspension of ongoing litigation before North American Free Trade Agreement (NAFTA) and World Trade Organization (WTO) panels challenging various antidumping duty determinations involving Mexican Cement. In addition, Commerce has agreed to compromise its claims for duties with respect to entries of Mexican Cement not currently in litigation. Finally, the Agreement creates a system whereby Mexican Cement imports will be subject to regional export limits, which will be monitored by both Commerce and Secretaria de Economia through export license and import license systems. The Agreement provides that, if Mexican Cement producers successfully abide by the terms of the Agreement for three years, then the antidumping duty order will be revoked with respect to those producers. AGENCY: April 3, 2006. FOR FURTHER INFORMATION CONTACT: Comments and Responses wwhite on PROD1PC65 with NOTICES International Trade Administration EFFECTIVE DATE: Appendix 1: Treatment of Sales with Negative Dumping Margins 2: Error Related to the Calculation of Net U.S. Price [FR Doc. E6–3621 Filed 3–13–06; 8:45 am] BILLING CODE 3510–DS–S VerDate Aug<31>2005 DEPARTMENT OF COMMERCE 19:18 Mar 13, 2006 Jkt 208001 Sally C. Gannon, Judith Wey Rudman, or Jonathan Herzog (202) 482–0162, (202) 482–0192, and (202) 482–4271 respectively, Bilateral Agreements Unit, Office of Policy and Negotiations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Scope of Investigation For a complete description of the subject merchandise of this Agreement, see Section I.L of the Agreement. Background On October 23, 1989, Commerce initiated an antidumping duty investigation of Mexican Cement. See Initiation of Antidumping Duty Investigation; Gray Portland Cement and Clinker from Mexico, 54 FR 43190 (October 23, 1989). On August 30, 1990, pursuant to the Final Determination of Sales at Less Than Fair Value; Gray Portland Cement and Clinker from Mexico, 55 FR 29244 (July 18, 1990), Commerce issued an antidumping duty order (Order) applicable to shipments of Mexican Cement. See Antidumping Duty Order: Gray Portland Cement and Clinker from Mexico, 55 FR 35443 (August 30, 1990). Since the issuance of the Order, Commerce has conducted fourteen administrative reviews, initiated a fifteenth administrative review, completed a five-year Sunset Review of the Order, and initiated a second Sunset Review. Several of these proceedings have been challenged before NAFTA and WTO panels: Gray Portland Cement and Clinker from Mexico: Notice of Final Results of Antidumping Duty Administrative Review, 63 FR 12764 (March 16, 1998) (6th Review), Gray Portland Cement and Clinker from Mexico: Notice of Final Results of Antidumping Duty Administrative Review, 65 FR 13943 (March 15, 2000) (8th Review), Gray Portland Cement and Clinker from Mexico: Notice of Final Results of Antidumping Duty Administrative Review, 66 FR 14889 (March 14, 2001) (9th Review), Gray Portland Cement and Clinker from Mexico: Notice of Final Results of Antidumping Duty Administrative Review, 67 FR 12518 (March 19, 2002) (10th Review), Gray Portland Cement and Clinker from Mexico: Notice of Final Results of Antidumping Duty Administrative Review, 68 FR 1816 (January 14, 2003) (11th Review), Gray Portland Cement and Clinker from Mexico: Notice of Final Results of Antidumping Duty Administrative Review, 68 FR 54203 (September 16, 2003) (12th Review), and Gray Portland Cement and Clinker from Mexico: Notice of Final Results of Antidumping Duty Administrative Review, 69 FR 77987 (December 29, 2004) (13th Review), Gray Portland Cement and Clinker from Mexico: Notice of Final Results of Antidumping Duty Administrative Review, 71 FR 2909 (January 18, 2006) (14th Review), and Commerce’s final determination in Gray E:\FR\FM\14MRN1.SGM 14MRN1

Agencies

[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Notices]
[Pages 13080-13082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3621]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-836]


Certain Cut-to-Length Carbon-Quality Steel Plate Products From 
the Republic of Korea: Final Results of Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 7, 2005, the Department of Commerce (the 
``Department'') published the preliminary results of the administrative 
review of the antidumping duty order on certain cut-to-length carbon-
quality steel plate products (steel plate) from the Republic of Korea. 
See Certain Cut-to-Length Carbon-Quality Steel Plate Products From the 
Republic of Korea: Preliminary Results and Rescission in Part of 
Antidumping Duty Administrative Review, 70 FR 67428 (November 7, 2005) 
(``Preliminary Results''). This review covers one producer/exporter of 
steel plate. The period of review (POR) is February 1, 2004, through 
January 31, 2005. Based on our analysis of the comments received, we 
have made changes to the margin calculation. Therefore, these final 
results differ from the Preliminary Results. The final weighted-average 
dumping margin for the reviewed firm is listed below in the section 
entitled ``Final Results of Review.''

EFFECTIVE DATE: March 14, 2006.

FOR FURTHER INFORMATION CONTACT: Malcolm Burke or Magd Zalok, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
3584 or (202) 482-4162, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 13081]]

Background

    On November 7, 2005, the Department published the Preliminary 
Results in the Federal Register and invited interested parties to 
comment on those results. On December 7, 2005, the Department received 
a case brief, and a request for a hearing, from the sole respondent, 
Dongkuk Steel Mill Co., Ltd. (``DSM''). The Department did not receive 
either a case or rebuttal brief from the petitioners, or other 
interested parties. DSM withdrew its request for a hearing on December 
14, 2005.

Scope of the Order

    The products covered by the antidumping duty order are certain hot-
rolled carbon-quality steel: (1) Universal mill plates (i.e., flat-
rolled products rolled on four faces or in a closed box pass, of a 
width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or 
actual thickness of not less than 4 mm, which are cut-to-length (not in 
coils) and without patterns in relief), of iron or non-alloy-quality 
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual 
thickness of 4.75 mm or more and of a width which exceeds 150 mm and 
measures at least twice the thickness, and which are cut-to-length (not 
in coils). Steel products to be included in the scope of the order are 
of rectangular, square, circular or other shape and of rectangular or 
non-rectangular cross-section where such non-rectangular 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. Steel products that meet the 
noted physical characteristics that are painted, varnished or coated 
with plastic or other non-metallic substances are included within this 
scope. Also, specifically included in the scope of the order are high 
strength, low alloy (HSLA) steels. HSLA steels are recognized as steels 
with micro-alloying levels of elements such as chromium, copper, 
niobium, titanium, vanadium, and molybdenum. Steel products to be 
included in this scope, regardless of Harmonized Tariff Schedule of the 
United States (HTSUS) definitions, are products in which: (1) Iron 
predominates, by weight, over each of the other contained elements, (2) 
the carbon content is two percent or less, by weight, and (3) none of 
the elements listed below is equal to or exceeds the quantity, by 
weight, respectively indicated: 1.80 percent of manganese, or 1.50 
percent of silicon, or 1.00 percent of copper, or 0.50 percent of 
aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 
0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of 
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent 
zirconium. All products that meet the written physical description, and 
in which the chemistry quantities do not equal or exceed any one of the 
levels listed above, are within the scope of the order unless otherwise 
specifically excluded. The following products are specifically excluded 
from the order: (1) Products clad, plated, or coated with metal, 
whether or not painted, varnished or coated with plastic or other non-
metallic substances; (2) SAE grades (formerly AISI grades) of series 
2300 and above; (3) products made to ASTM A710 and A736 or their 
proprietary equivalents; (4) abrasion-resistant steels (i.e., USS AR 
400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, 
A517 grade S, or their proprietary equivalents; (6) ball bearing 
steels; (7) tool steels; and (8) silicon manganese steel or silicon 
electric steel. Imports of steel plate are currently classified in the 
HTSUS under subheadings: 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, 7212.50.0000, 7225.40.3050, 
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 
7226.91.8000, 7226.99.0000. The HTSUS subheadings are provided for 
convenience and CBP purposes. The written description of the 
merchandise covered by the order is dispositive.

Analysis of Comments Received

    The issues raised in the case brief are addressed in the Issues and 
Decision Memorandum to David M. Spooner, Assistant Secretary for Import 
Administration, from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration, dated concurrently herewith (the ``Decision 
Memorandum''), which is adopted herein, by reference. Attached, as an 
appendix to this notice, is a list of the comments the Department 
received from interested parties, all of which are discussed in the 
Decision Memorandum. The Decision Memorandum is on file in the Central 
Record Unit, Room B-099 of the Herbert C. Hoover Building, and may be 
accessed on the Web at https://ia.ita.doc.gov.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, the Department has 
revised the calculation of net U.S. price to properly account for 
credit notes issued to compensate customers for merchandise lost in 
transit. This revision is further discussed in the Decision Memorandum.

Final Results of Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists for the period February 1, 2004, 
through January 31, 2005:

------------------------------------------------------------------------
           Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd...............  0.18 (de minimis)
------------------------------------------------------------------------

Assessment

    The Department has determined, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to 19 CFR Sec.  351.212(b). The 
Department calculated an importer-specific duty assessment rate on the 
basis of the ratio of the total amount of antidumping duties calculated 
for the examined sales to the total entered value of the examined 
sales. Where the importer-specific assessment rate is above de minimis, 
the Department will instruct CBP to assess the importer-specific rate 
uniformly on the entered value of all entries of subject merchandise by 
that importer. The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of the final 
results of review.

Cash Deposits

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(1) of the Tariff Act of 1930, as amended (the ``Act''). In the 
instant matter: (1) since the dumping margin for DSM is de minimis 
(less than 0.50 percent), no cash deposit will be required for DSM; (2) 
for previously investigated or reviewed companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm

[[Page 13082]]

covered in this review, a prior review, or the less-than-fair-value 
(LTFV) investigation, but the manufacturer is, the cash deposit rate 
will be the rate established for the most recent period for the 
manufacturer of the subject merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be the ``all 
others'' rate of 0.98 percent, which is the ``all others'' rate 
established in the LTFV investigation, adjusted for the export subsidy 
rate in the companion countervailing duty investigation. These cash 
deposit rates, when imposed, shall remain in effect until publication 
of the final results of the next administrative review. See section 
751(a)(2)(C) of the Act.

Notification to Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR Sec.  351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the concomitant 
assessment of double antidumping duties. This notice is also the only 
reminder to parties subject to the administrative protective order 
(``APO'') of their responsibility concerning the return or destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR Sec.  351.305. Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    The Department is publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 7, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

Comments and Responses

1: Treatment of Sales with Negative Dumping Margins
2: Error Related to the Calculation of Net U.S. Price

[FR Doc. E6-3621 Filed 3-13-06; 8:45 am]
BILLING CODE 3510-DS-S
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