Certain Hot-Rolled Carbon Steel Flat Products from Romania: Final Results of Antidumping Duty Administrative Review and Rescission in Part of Administrative Review, 30656-30658 [E6-8278]
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30656
Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–485–806]
Certain Hot–Rolled Carbon Steel Flat
Products from Romania: Final Results
of Antidumping Duty Administrative
Review and Rescission in Part of
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2005, the
Department of Commerce published the
preliminary results of the antidumping
duty administrative review of certain
hot–rolled carbon steel flat products
from Romania. This review initially
covered two manufacturers/exporters of
the subject merchandise, Mittal Steel
Galati S.A. and Metalexport Import, S.A.
The period of review is November 1,
2003, through October 31, 2004. Based
on our analysis of comments received,
we have made changes in the margin
calculation for Mittal Steel Galati S.A.
Therefore, these final results differ from
the preliminary results. The final results
are listed below in the ‘‘Final Results of
Review’’ section. We are also rescinding
the review with respect to Metalexport
Import S.A. because this firm had no
entries, exports, or sales of the subject
merchandise during this period of
review.
EFFECTIVE DATE: May 30, 2006.
FOR FURTHER INFORMATION CONTACT:
Dave Dirstine or Dunyako Ahmadu, AD/
CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4033 and (202)
482–0198, respectively.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with NOTICES
AGENCY:
Background
On December 8, 2005, the Department
of Commerce (the Department)
published the preliminary results of the
antidumping duty administrative review
of certain hot–rolled carbon steel flat
products from Romania (Certain Hot–
Rolled Carbon Steel Flat Products From
Romania: Preliminary Results of the
Antidumping Duty Administrative
Review and Notice of Intent to Rescind
in Part, 70 FR 72984 (Dec. 8, 2005)
(Preliminary Results)). We had initiated
reviews of two manufacturers/exporters,
Mittal Steel Galati S.A. (MS Galati) and
Metalexport Import S.A. (MEI).
We invited parties to comment on our
preliminary results of review. MS Galati
and domestic interested parties, United
VerDate Aug<31>2005
16:51 May 26, 2006
Jkt 208001
States Steel Corporation and Nucor
Corporation, filed case briefs on January
17, 2006, and rebuttal briefs on January
30, 2006. Further, in response to our
February 27, 2006, request MS Galati
filed a supplemental questionnaire
response dated March 8, 2006, to which
USSC filed comments on March 17,
2006.
On March 29, 2006, the Department
published in the Federal Register a
notice extending the due date for the
final results of the administrative review
of the antidumping duty order on
certain hot–rolled carbon steel flat
products from Romania until no later
than May 22, 2006 (Notice of Extension
of Time Limit for the Final Results of
Antidumping Duty Administrative
Review: Certain Hot–Rolled Carbon
Steel Flat Products from Romania, 71
FR 15696 (Mar. 29, 2006)).
Scope of the Order
The products covered by the order are
certain hot–rolled carbon steel flat
products of a rectangular shape, of a
width of 0.5 inch or greater, neither
clad, plated, nor coated with metal and
whether or not painted, varnished, or
coated with plastics or other non–
metallic substances, in coils (whether or
not in successively superimposed
layers), regardless of thickness, and in
straight length, of a thickness of less
than 4.75 mm and of a width measuring
at least 10 times the thickness.
Universal mill plate (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 thickness of not less than 4.0
mm, not in coils and without patterns
in relief) of a thickness not less than 4.0
mm is not included within the scope of
this order.
Specifically included within the
scope of this order are vacuum
degassed, fully stabilized (commonly
referred to as interstitial–free (IF)) steels,
high strength low alloy (HSLA) steels,
and the substrate for motor lamination
steels. IF steels are recognized as low
carbon steels with micro–alloying levels
of elements such as titanium or niobium
(also commonly referred to as
columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA
steels are recognized as steels with
micro–alloying levels of elements such
as chromium, copper, niobium,
vanadium, and molybdenum. The
substrate for motor lamination steels
contains micro–alloying levels of
elements such as silicon and aluminum.
Steel products to be included in the
scope of this order, regardless of
definitions in the Harmonized Tariff
Schedule of the United States (HTSUS),
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
are products in which: (i) Iron
predominates, by weight, over each of
the other contained elements; (ii) the
carbon content is 2 percent or less, by
weight; and (iii) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated: 1.80
percent of manganese, 2.25 percent of
silicon, 1.00 percent of copper, 0.50
percent of aluminum, 1.25 percent of
chromium, 0.30 percent of cobalt, 0.40
percent of lead, 1.25 percent of nickel,
0.30 percent of tungsten, 0.10 percent of
molybdenum, 0.10 percent of niobium,
0.15 percent of vanadium or 0.15
percent of zirconium.
All products that meet the physical
and chemical description provided
above are within the scope of this order
unless otherwise excluded. The
following products, by way of example,
are outside or specifically excluded
from the scope of this order: Alloy hot–
rolled steel products in which at least
one of the chemical elements exceeds
those listed above (including, e.g.,
American Society for Testing and
Materials (ASTM) specifications A543,
A387, A514, A517, A506). Society of
Automotive Engineers (SAE)/American
Iron & Steel Institute (AISI) grades of
series 2300 and higher. Ball bearing
steels, as defined in the HTSUS. Tool
steels, as defined in the HTSUS. Silico–
manganese (as defined in the HTSUS) or
silicon electrical steel with a silicon
level exceeding 2.25 percent. ASTM
specifications A710 and A736. USS
abrasion–resistant steels (USS AR 400,
USS AR 500). All products (proprietary
or otherwise) based on an alloy ASTM
specification (sample specifications:
ASTM A506, A507). Non–rectangular
shapes, not in coils, which are the result
of having been processed by cutting or
stamping and which have assumed the
character of articles or products
classified outside chapter 72 of the
HTSUS.
The merchandise subject to this order
is classified in the HTSUS at the
following subheadings: 7208.10.15.00,
7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00,
7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60,
7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60,
7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15,
7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60,
7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90,
7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00,
7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90.
Certain hot–rolled carbon steel flat
E:\FR\FM\30MYN1.SGM
30MYN1
Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Notices
products covered by this order,
including vacuum degassed fully
stabilized, high strength low alloy, and
the substrate for motor lamination steel,
may also enter under the following tariff
numbers: 7225.11.00.00, 7225.19.00.00,
7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90,
7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00,
7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to this proceeding
is dispositive.
Rescission of the Review in Part
In the Preliminary Results, we stated
our intent to rescind the administrative
review with respect to MEI which
reported no entries, exports, or sales of
merchandise subject to this review. See
Preliminary Results, 70 FR at 72985.
Because we continue to find no
evidence of sales to the United States by
MEI during the period of review, we are
rescinding the review with respect to
this firm. See 19 CFR 351.213(d)(3).
jlentini on PROD1PC65 with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the ‘‘Issues and
Decision Memorandum’’ (Decision
Memo) from Stephen J. Claeys, Deputy
Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, dated May 22, 2006,
which is hereby adopted by this notice.
A list of the issues which the parties
have raised and to which we have
responded is attached to this notice as
an appendix. Parties can find a
complete discussion of all issues raised
in this review and corresponding
recommendations in this public
memorandum which is on file in Import
Administration’s Central Records Unit,
Room B–099 of the main Department
building. In addition, a complete
version of the Decision Memo is
available on the Internet at https://
ia.ita.doc.gov/frn/. The paper
copy and electronic version of the
Decision Memo are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made methodological
changes to our calculations as reflected
in the Decision Memo. These changes
VerDate Aug<31>2005
16:51 May 26, 2006
Jkt 208001
are discussed in the Final Results
Analysis Memorandum from the case
analyst to the File dated May 22, 2006.
Final Results of Review
As a result of our review, we
determine that the following weighted–
average percentage margin exists for the
period November 1, 2003, through
October 31, 2004:
Manufacturer/exporter
Margin (percent)
Mittal Steel Galati S.A. .....
1.59
Assessment Rate
The Department shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries, in accordance
with 19 CFR 351.212(b)(1). Also, in
accordance with 19 CFR 351.212(b)(1),
we have calculated an importer–specific
assessment rate. For the sales in the
United States through the respondent’s
affiliated U.S. party, we divided the
total dumping margin for the reviewed
sales by the total entered value of those
reviewed sales. We will direct CBP to
assess the resulting percentage margin
against the entered customs values for
the subject merchandise on each of the
entries during the review period
consistent with 19 CFR 351.212(b)(1).
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 the company
included in these final results of review
for which the reviewed company did
not know 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). We will issue
appropriate assessment instructions
directly to CBP within 15 days of
publication of these final results of
review.
Cash–Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of these final results of
administrative review, as provided by
section 751(a) of the Tariff Act of 1930,
as amended (the Act): (1) the cash–
deposit rate for MS Galati will be 1.59
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
30657
percent; (2) for merchandise exported by
manufacturers or exporters not covered
in this review but covered in a previous
segment of this proceeding, the cash–
deposit rate will continue to be the
company–specific rate published in the
prior segment of the proceeding in
which that manufacturer or exporter
participated; (3) if the exporter is not a
firm covered in this review or in any
previous segment of this proceeding but
the manufacturer is, the cash–deposit
rate will be that established for the
manufacturer of the merchandise in
these final results of review or in the
most recent segment of the proceeding
in which that manufacturer
participated; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review
conducted by the Department, the cash–
deposit rate will be the ‘‘All Others’’
rate made effective on June 14, 2005,
which is 17.84 percent. See Certain Hot–
Rolled Carbon Steel Flat Products From
Romania: Final Results of Antidumping
Duty Administrative Review, 70 FR
34448, 34450 (June 14, 2005). These
deposit requirements shall remain in
effect until publication of the final
results of the next administrative
review.
Notification
This notice also serves as the final
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 in the
subsequent assessment of double
antidumping duties.
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
E:\FR\FM\30MYN1.SGM
30MYN1
30658
Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Notices
Dated: May 22, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
Comment 1: U.S. Indirect Selling
Expense - Treatment of Bonus Expenses
Comment 2: U.S. Indirect Selling
Expense - Treatment of Sales–Agency
Fees
Comment 3: U.S. Indirect Selling
Expense - Treatment of Bad–Debt
Expenses
Comment 4: U.S. Indirect Selling
Expense - Treatment of Sidex Trading’s
Expenses
Comment 5: U.S. Indirect Selling
Expense - Treatment of Interest
Expenses
Comment 6: U.S. Indirect Selling
Expense - Treatment of Corporate
Expenses
Comment 7: U.S. Date of Sale
Comment 8: U.S. Credit Expense
Comment 9: Universe of Sales in the
United States
Comment 10: Exchange Rates
[FR Doc. E6–8278 Filed 5–26–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–580–829)
Stainless Steel Wire Rod from the
Republic of Korea: Notice of Extension
of Time Limit for Preliminary Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 30, 2006.
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan or Malcolm Burke, 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) 482–4081 and (202)
482–3584, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
jlentini on PROD1PC65 with NOTICES
Background
On October 25, 2005, the Department
of Commerce (the Department)
published a notice of initiation of an
administrative review of the
antidumping duty order on stainless
VerDate Aug<31>2005
16:51 May 26, 2006
Jkt 208001
steel wire rod from the Republic of
Korea, covering the period September 1,
2004, through August 31, 2005. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 70 FR 61601 (October 25,
2005). The preliminary results are
currently due no later than June 2, 2006.
Extension of Time Limit for Preliminary
Results of Review
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), requires
the Department to make a preliminary
determination within 245 days after the
last day of the anniversary month of an
order or finding 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 a review within
these time periods, section 751(a)(3)(A)
of the Act allows the Department to
extend the 245–day time limit for the
preliminary determination to a
maximum of 365 days and the time
limit for the final determination to 180
days (or 300 days if the Department
does not extend the time limit for the
preliminary determination) from the
date of publication of the preliminary
determination.
The Department has determined that
it is not practicable to complete the
preliminary results of this review within
the original time limit because the
review involves examining a number of
complex issues regarding affiliation and
post sales price adjustments. Therefore,
the Department is fully extending the
time limit for completion of the
preliminary results of this review by 120
days. The preliminary results of review
will now be due on October 2, 2006,
which is the first business day after the
120–day extension (the 120th day falls
on a weekend). The deadline for the
final results of this administrative
review continues to be 120 days after
publication of the preliminary results of
review.
This notice is issued and published in
accordance with sections 751(a)(3)(A)
and 777(i) of the Act.
Dated: May 22, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–8263 Filed 5–26–06; 8:45 am]
BILLING CODE 3510–DS–S
PO 00000
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–844]
Steel Concrete Reinforcing Bars from
the Republic of Korea: Extension of
the Time Limit for the Preliminary
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 30, 2006.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin at (202) 482–3936, AD/
CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 21, 2005, Dongkuk
Steel Mill Co. Ltd., a Korean producer
of subject merchandise, requested an
administrative review of the
antidumping duty order on Steel
Concrete Reinforcing Bars from Korea.
On September 30, 2005, the petitioners
in the proceeding, the Rebar Trade
Action Coalition and its individual
members, also requested an
administrative review of the
antidumping order.1 On October 25,
2005, the Department published a notice
of initiation of the administrative
review, covering the period September
1, 2004, through August 31, 2005. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 70 FR 61601 (October 25,
2005) (‘‘Initiation Notice’’). The
preliminary results are currently due no
later than June 2, 2006.
Statutory Time Limits
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), requires
the Department of Commerce (the
Department) to complete the
preliminary results of an administrative
review within 245 days after the last day
of the anniversary month of an order for
which a review is requested, and the
final results within 120 days after the
date on which the preliminary results
are 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 the time limit for
(1) the preliminary results to a
1 The Rebar Trade Action Coalition comprises
Gerdau AmeriSteel, CMC Steel Group, Nucor
Corporation, and TAMCO.
Frm 00010
Fmt 4703
Sfmt 4703
E:\FR\FM\30MYN1.SGM
30MYN1
Agencies
[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Notices]
[Pages 30656-30658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8278]
[[Page 30656]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-485-806]
Certain Hot-Rolled Carbon Steel Flat Products from Romania: Final
Results of Antidumping Duty Administrative Review and Rescission in
Part of Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2005, the Department of Commerce published the
preliminary results of the antidumping duty administrative review of
certain hot-rolled carbon steel flat products from Romania. This review
initially covered two manufacturers/exporters of the subject
merchandise, Mittal Steel Galati S.A. and Metalexport Import, S.A. The
period of review is November 1, 2003, through October 31, 2004. Based
on our analysis of comments received, we have made changes in the
margin calculation for Mittal Steel Galati S.A. Therefore, these final
results differ from the preliminary results. The final results are
listed below in the ``Final Results of Review'' section. We are also
rescinding the review with respect to Metalexport Import S.A. because
this firm had no entries, exports, or sales of the subject merchandise
during this period of review.
EFFECTIVE DATE: May 30, 2006.
FOR FURTHER INFORMATION CONTACT: Dave Dirstine or Dunyako Ahmadu, AD/
CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4033 and (202) 482-0198, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 2005, the Department of Commerce (the Department)
published the preliminary results of the antidumping duty
administrative review of certain hot-rolled carbon steel flat products
from Romania (Certain Hot-Rolled Carbon Steel Flat Products From
Romania: Preliminary Results of the Antidumping Duty Administrative
Review and Notice of Intent to Rescind in Part, 70 FR 72984 (Dec. 8,
2005) (Preliminary Results)). We had initiated reviews of two
manufacturers/exporters, Mittal Steel Galati S.A. (MS Galati) and
Metalexport Import S.A. (MEI).
We invited parties to comment on our preliminary results of review.
MS Galati and domestic interested parties, United States Steel
Corporation and Nucor Corporation, filed case briefs on January 17,
2006, and rebuttal briefs on January 30, 2006. Further, in response to
our February 27, 2006, request MS Galati filed a supplemental
questionnaire response dated March 8, 2006, to which USSC filed
comments on March 17, 2006.
On March 29, 2006, the Department published in the Federal Register
a notice extending the due date for the final results of the
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from Romania until no later than May
22, 2006 (Notice of Extension of Time Limit for the Final Results of
Antidumping Duty Administrative Review: Certain Hot-Rolled Carbon Steel
Flat Products from Romania, 71 FR 15696 (Mar. 29, 2006)).
Scope of the Order
The products covered by the order are certain hot-rolled carbon
steel flat products of a rectangular shape, of a width of 0.5 inch or
greater, neither clad, plated, nor coated with metal and whether or not
painted, varnished, or coated with plastics or other non-metallic
substances, in coils (whether or not in successively superimposed
layers), regardless of thickness, and in straight length, of a
thickness of less than 4.75 mm and of a width measuring at least 10
times the thickness. Universal mill plate (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 thickness of not less than 4.0
mm, not in coils and without patterns in relief) of a thickness not
less than 4.0 mm is not included within the scope of this order.
Specifically included within the scope of this order are vacuum
degassed, fully stabilized (commonly referred to as interstitial-free
(IF)) steels, high strength low alloy (HSLA) steels, and the substrate
for motor lamination steels. IF steels are recognized as low carbon
steels with micro-alloying levels of elements such as titanium or
niobium (also commonly referred to as columbium), or both, added to
stabilize carbon and nitrogen elements. HSLA steels are recognized as
steels with micro-alloying levels of elements such as chromium, copper,
niobium, vanadium, and molybdenum. The substrate for motor lamination
steels contains micro-alloying levels of elements such as silicon and
aluminum.
Steel products to be included in the scope of this order,
regardless of definitions in the Harmonized Tariff Schedule of the
United States (HTSUS), are products in which: (i) Iron predominates, by
weight, over each of the other contained elements; (ii) the carbon
content is 2 percent or less, by weight; and (iii) none of the elements
listed below exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, 2.25 percent of silicon, 1.00 percent of
copper, 0.50 percent of aluminum, 1.25 percent of chromium, 0.30
percent of cobalt, 0.40 percent of lead, 1.25 percent of nickel, 0.30
percent of tungsten, 0.10 percent of molybdenum, 0.10 percent of
niobium, 0.15 percent of vanadium or 0.15 percent of zirconium.
All products that meet the physical and chemical description
provided above are within the scope of this order unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of this order: Alloy hot-rolled
steel products in which at least one of the chemical elements exceeds
those listed above (including, e.g., American Society for Testing and
Materials (ASTM) specifications A543, A387, A514, A517, A506). Society
of Automotive Engineers (SAE)/American Iron & Steel Institute (AISI)
grades of series 2300 and higher. Ball bearing steels, as defined in
the HTSUS. Tool steels, as defined in the HTSUS. Silico-manganese (as
defined in the HTSUS) or silicon electrical steel with a silicon level
exceeding 2.25 percent. ASTM specifications A710 and A736. USS
abrasion-resistant steels (USS AR 400, USS AR 500). All products
(proprietary or otherwise) based on an alloy ASTM specification (sample
specifications: ASTM A506, A507). Non-rectangular shapes, not in coils,
which are the result of having been processed by cutting or stamping
and which have assumed the character of articles or products classified
outside chapter 72 of the HTSUS.
The merchandise subject to this order is classified in the HTSUS at
the following subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90. Certain hot-rolled carbon steel flat
[[Page 30657]]
products covered by this order, including vacuum degassed fully
stabilized, high strength low alloy, and the substrate for motor
lamination steel, may also enter under the following tariff numbers:
7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and 7212.50.00.00.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise subject to
this proceeding is dispositive.
Rescission of the Review in Part
In the Preliminary Results, we stated our intent to rescind the
administrative review with respect to MEI which reported no entries,
exports, or sales of merchandise subject to this review. See
Preliminary Results, 70 FR at 72985. Because we continue to find no
evidence of sales to the United States by MEI during the period of
review, we are rescinding the review with respect to this firm. See 19
CFR 351.213(d)(3).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the ``Issues and Decision Memorandum''
(Decision Memo) from Stephen J. Claeys, Deputy Assistant Secretary for
Import Administration, to David M. Spooner, Assistant Secretary for
Import Administration, dated May 22, 2006, which is hereby adopted by
this notice. A list of the issues which the parties have raised and to
which we have responded is attached to this notice as an appendix.
Parties can find a complete discussion of all issues raised in this
review and corresponding recommendations in this public memorandum
which is on file in Import Administration's Central Records Unit, Room
B-099 of the main Department building. In addition, a complete version
of the Decision Memo is available on the Internet at https://
ia.ita.doc.gov/frn/. The paper copy and electronic version of
the Decision Memo are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made
methodological changes to our calculations as reflected in the Decision
Memo. These changes are discussed in the Final Results Analysis
Memorandum from the case analyst to the File dated May 22, 2006.
Final Results of Review
As a result of our review, we determine that the following
weighted-average percentage margin exists for the period November 1,
2003, through October 31, 2004:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Mittal Steel Galati S.A............................... 1.59
------------------------------------------------------------------------
Assessment Rate
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, in accordance with 19 CFR 351.212(b)(1). Also, in accordance
with 19 CFR 351.212(b)(1), we have calculated an importer-specific
assessment rate. For the sales in the United States through the
respondent's affiliated U.S. party, we divided the total dumping margin
for the reviewed sales by the total entered value of those reviewed
sales. We will direct CBP to assess the resulting percentage margin
against the entered customs values for the subject merchandise on each
of the entries during the review period consistent with 19 CFR
351.212(b)(1).
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 the company
included in these final results of review for which the reviewed
company did not know 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). We will
issue appropriate assessment instructions directly to CBP within 15
days of publication of these final results of review.
Cash-Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of these
final results of administrative review, as provided by section 751(a)
of the Tariff Act of 1930, as amended (the Act): (1) the cash-deposit
rate for MS Galati will be 1.59 percent; (2) for merchandise exported
by manufacturers or exporters not covered in this review but covered in
a previous segment of this proceeding, the cash-deposit rate will
continue to be the company-specific rate published in the prior segment
of the proceeding in which that manufacturer or exporter participated;
(3) if the exporter is not a firm covered in this review or in any
previous segment of this proceeding but the manufacturer is, the cash-
deposit rate will be that established for the manufacturer of the
merchandise in these final results of review or in the most recent
segment of the proceeding in which that manufacturer participated; and
(4) if neither the exporter nor the manufacturer is a firm covered in
this or any previous review conducted by the Department, the cash-
deposit rate will be the ``All Others'' rate made effective on June 14,
2005, which is 17.84 percent. See Certain Hot-Rolled Carbon Steel Flat
Products From Romania: Final Results of Antidumping Duty Administrative
Review, 70 FR 34448, 34450 (June 14, 2005). These deposit requirements
shall remain in effect until publication of the final results of the
next administrative review.
Notification
This notice also serves as the final 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 in the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
[[Page 30658]]
Dated: May 22, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
Comment 1: U.S. Indirect Selling Expense - Treatment of Bonus Expenses
Comment 2: U.S. Indirect Selling Expense - Treatment of Sales-Agency
Fees
Comment 3: U.S. Indirect Selling Expense - Treatment of Bad-Debt
Expenses
Comment 4: U.S. Indirect Selling Expense - Treatment of Sidex Trading's
Expenses
Comment 5: U.S. Indirect Selling Expense - Treatment of Interest
Expenses
Comment 6: U.S. Indirect Selling Expense - Treatment of Corporate
Expenses
Comment 7: U.S. Date of Sale
Comment 8: U.S. Credit Expense
Comment 9: Universe of Sales in the United States
Comment 10: Exchange Rates
[FR Doc. E6-8278 Filed 5-26-06; 8:45 am]
BILLING CODE 3510-DS-S