Certain Hot-Rolled Carbon Steel Flat Products from India: Notice of Extension of Time Limit for Final Results of Antidumping Duty Administrative Review, 27460-27461 [E6-7227]

Download as PDF 27460 Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices cchase on PROD1PC60 with NOTICES but not to its distributor customers and Asahi provides distributor dealer training to its distributor customers but not to its OEM customers. Based on these differences we found that the two home–market channels constituted two different levels of trade. In the U.S. market, based on our overall analysis we found that there were significant differences between the selling activities associated with the CEP level of trade and those associated with each of the home–market levels of trade. For example, the CEP level of trade involved no advertising, sales promotion, market research, and technical assistance - selling activities offered at both home–market levels of trade. Therefore, we consider the CEP level of trade to be different from either home–market level of trade and at a less advanced stage of distribution than either home–market level of trade. Consequently, we could not match U.S. sales to sales at the same level of trade in the home market nor could we determine a level–of-trade adjustment based on Asahi’s home–market sales of the foreign like product because the CEP level is not identical to either home– market level of trade. We also have no other information that provides an appropriate basis for determining a level–of-trade adjustment. Thus, for AGC’s CEP sales, to the extent possible, we determined normal value at the same level of trade as the U.S. sale to the unaffiliated customer and made a CEP– offset adjustment in accordance with section 773(a)(7)(B) of the Act. Preliminary Results of Review As a result of our review, we preliminarily determine that a margin of 41.96 percent exists for Asahi for the period August 1, 2004, through July 31, 2005. Pursuant to 19 CFR 351.224(b), the Department will disclose to parties calculations performed in connection with these preliminary results within five days of the date of publication of this notice. Any interested party may request a hearing within 30 days of publication of this notice. A hearing, if requested, will be held at the main Department building. We will notify parties of the exact date, time, and place for any such hearing. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. Case briefs from interested parties may be filed no later than 30 days after publication of this notice. Rebuttal briefs, limited to the issues raised in case briefs, may be submitted no later than five days after the deadline for filing case briefs. Parties who submit case or rebuttal VerDate Aug<31>2005 16:29 May 10, 2006 Jkt 208001 briefs are requested to submit with each argument a statement of the issue and a brief summary of the argument with an electronic version included. The Department will issue a notice of final results of this administrative review, which will include the results of its analysis of issues raised in the case briefs, within 120 days from the date of publication of these preliminary results. Assessment The Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. The Department will issue appropriate instructions directly to the CBP within 15 days of the publication of the final results of this review. In accordance with 19 CFR 351.212(b)(1), we have calculated an exporter/importer (or customer)-specific assessment rate for merchandise subject to this review. For Asahi’s CEP sales we divided the total dumping margins for the reviewed sales by the total entered value of those reviewed sales for each importer. We will direct CBP to assess the resulting percentage margin against the entered customs values for the subject merchandise on each of that importer’s entries during the review period. See 19 CFR 351.212(b). The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003 (68 FR 23954). This clarification will apply to entries of subject merchandise during the period of review produced by Asahi for which Asahi did not know that its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all–others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Cash Deposit Further, the following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of PTFE entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(1) of the Act: (1) The cash– deposit rate for Asahi will be the rate established in the final results of review; (2) for previously reviewed or investigated companies not mentioned above, the cash–deposit rate will continue to be the company–specific PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less–than-fair–value (LTFV) investigation but the manufacturer is, then the cash–deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) if neither the exporter nor the producer is a firm covered in this review, a prior review, or the LTFV investigation, the cash– deposit rate shall be 91.74 percent, the all–others rate established in the LTFV investigation. See Notice of Final Determination of Sales at Less Than Fair Value: Granular Polytetrafluoroethylene Resin From Japan, 53 FR 25191 (July 5, 1988). These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 3, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–7233 Filed 5–10–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–533–820) Certain Hot–Rolled Carbon Steel Flat Products from India: Notice of Extension of Time Limit for Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: May 11, 2006. FOR FURTHER INFORMATION CONTACT: Kavita Mohan or Jeff Pedersen, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution AGENCY: E:\FR\FM\11MYN1.SGM 11MYN1 Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices Avenue, NW, Washington, DC 20230; telephone: (202) 482–3542 or (202) 482– 2769, respectively. This notice is issued and published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. SUPPLEMENTARY INFORMATION: Dated: May 5, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–7227 Filed 5–10–06; 8:45 am] Background On January 31, 2005, the Department of Commerce (the Department) published a notice of initiation of administrative review of the antidumping duty order on certain hot– rolled carbon steel flat products (HRS) from India covering shipments of HRS by Essar Steel Limited (Essar) to the United States for the period December 1, 2003, through November 30, 2004. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 4818 (January 31, 2005). On January 12, 2006, the Department published in the Federal Register the preliminary results of review. See Certain Hot–Rolled Carbon Steel Flat Products From India: Preliminary Results of Antidumping Duty Administrative Review, 71 FR 2018 (January 12, 2006). The final results of review are currently due no later than May 12, 2006. Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to make a preliminary determination in an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary determination is published. However, if it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend these deadlines to a maximum of 365 days and 180 days (or 300 days if the Department does not extend the time limit for the preliminary determination), respectively. cchase on PROD1PC60 with NOTICES Extension of Time Limit for Final Results of Review We have determined that it is not practicable to complete the final results of this review within the original time limit because the Department needs additional time to consider a complex issue relating to the U.S. price adjustment for countervailing duties imposed to offset export subsidies. Therefore, the Department is extending the time limit for completion of the final results by 60 days. We intend to issue the final results of review no later than July 11, 2006. VerDate Aug<31>2005 16:29 May 10, 2006 Jkt 208001 BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–201–827) Revocation of Antidumping Duty Order: Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from Mexico Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 2, 2005, the Department of Commerce (the Department) initiated its sunset reviews of the antidumping duty orders on certain large diameter seamless standard, line, and pressure pipe (seamless pipe) from Japan and Mexico. See Initiation of Five–year (‘‘Sunset’’) Reviews, 70 FR 22632 (May 2, 2005). Pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), the International Trade Commission (the Commission), in its sunset reviews, determined that revocation of the order on seamless pipe from Mexico would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Carbon and Alloy Seamless Standard, Line, and Pressure Pipe From the Czech Republic, Japan, Mexico, Romania, and South Africa, 71 FR 24860 (April 27, 2006). Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the Department is revoking the antidumping duty order on seamless pipe from Mexico. EFFECTIVE DATE: August 11, 2005 FOR FURTHER INFORMATION CONTACT: Robert James, 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) 482–0649. SUPPLEMENTARY INFORMATION: AGENCY: Scope of the Orders The products covered by this order are large diameter seamless carbon and alloy (other than stainless) steel standard, line, and pressure pipes PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 27461 produced, or equivalent, to the American Society for Testing and Materials (ASTM) A–53, ASTM A–106, ASTM A–333, ASTM A–334, ASTM A– 589, ASTM A–795, and the American Petroleum Institute (API) 5L specifications and meeting the physical parameters described below, regardless of application, with the exception of the exclusions discussed below. The scope of this order also includes all other products used in standard, line, or pressure pipe applications and meeting the physical parameters described below, regardless of specification, with the exception of the exclusions discussed below. Specifically included within the scope of this order are seamless pipes greater than 4.5 inches (114.3 mm) up to and including 16 inches (406.4 mm) in outside diameter, regardless of wall–thickness, manufacturing process (hot finished or cold–drawn), end finish (plain end, beveled end, upset end, threaded, or threaded and coupled), or surface finish. The seamless pipes subject to this order are currently classifiable under the subheadings 7304.10.10.30, 7304.10.10.45, 7304.10.10.60, 7304.10.50.50, 7304.31.60.50, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.51.50.60, 7304.59.60.00, 7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65, and 7304.59.80.70 of the Harmonized Tariff Schedule of the United States (HTSUS). Specifications, Characteristics, and Uses: Large diameter seamless pipe is used primarily for line applications such as oil, gas, or water pipeline, or utility distribution systems. Seamless pressure pipes are intended for the conveyance of water, steam, petrochemicals, chemicals, oil products, natural gas and other liquids and gasses in industrial piping systems. They may carry these substances at elevated pressures and temperatures and may be subject to the application of external heat. Seamless carbon steel pressure pipe meeting the ASTM A–106 standard may be used in temperatures of up to 1000 degrees Fahrenheit, at various American Society of Mechanical Engineers (ASME) code stress levels. Alloy pipes made to ASTM A–335 standard must be used if temperatures and stress levels exceed those allowed for ASTM A–106. Seamless pressure pipes sold in the United States are commonly produced to the ASTM A– 106 standard. E:\FR\FM\11MYN1.SGM 11MYN1

Agencies

[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Pages 27460-27461]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7227]


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

DEPARTMENT OF COMMERCE

International Trade Administration

(A-533-820)


Certain Hot-Rolled Carbon Steel Flat Products from India: Notice 
of Extension of Time Limit for Final Results of Antidumping Duty 
Administrative Review

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

EFFECTIVE DATE: May 11, 2006.

FOR FURTHER INFORMATION CONTACT: Kavita Mohan or Jeff Pedersen, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution

[[Page 27461]]

Avenue, NW, Washington, DC 20230; telephone: (202) 482-3542 or (202) 
482-2769, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 31, 2005, the Department of Commerce (the Department) 
published a notice of initiation of administrative review of the 
antidumping duty order on certain hot-rolled carbon steel flat products 
(HRS) from India covering shipments of HRS by Essar Steel Limited 
(Essar) to the United States for the period December 1, 2003, through 
November 30, 2004. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Request for Revocation in Part, 70 FR 
4818 (January 31, 2005). On January 12, 2006, the Department published 
in the Federal Register the preliminary results of review. See Certain 
Hot-Rolled Carbon Steel Flat Products From India: Preliminary Results 
of Antidumping Duty Administrative Review, 71 FR 2018 (January 12, 
2006). The final results of review are currently due no later than May 
12, 2006.

Statutory Time Limits

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the 
Act), requires the Department to make a preliminary determination in an 
administrative review within 245 days after the last day of the 
anniversary month of an order for which a review is requested and a 
final determination within 120 days after the date on which the 
preliminary determination is published. However, if it is not 
practicable to complete the review within these time periods, section 
751(a)(3)(A) of the Act allows the Department to extend these deadlines 
to a maximum of 365 days and 180 days (or 300 days if the Department 
does not extend the time limit for the preliminary determination), 
respectively.

Extension of Time Limit for Final Results of Review

    We have determined that it is not practicable to complete the final 
results of this review within the original time limit because the 
Department needs additional time to consider a complex issue relating 
to the U.S. price adjustment for countervailing duties imposed to 
offset export subsidies. Therefore, the Department is extending the 
time limit for completion of the final results by 60 days. We intend to 
issue the final results of review no later than July 11, 2006.
    This notice is issued and published in accordance with sections 
751(a)(3)(A) and 777(i) of the Act.

    Dated: May 5, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-7227 Filed 5-10-06; 8:45 am]
BILLING CODE 3510-DS-S

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