Certain Cut-to-Length Carbon Steel Plate from Ukraine; Preliminary Results of Administrative Review of the Suspension Agreement, 45519-45521 [E6-12998]
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Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices
DEPARTMENT OF AGRICULTURE
DEPARTMENT OF COMMERCE
Forest Service
International Trade Administration
(A–570–827)
[IN 0596–AC46]
Small Business Timber Sale Set-Aside
Program Share Recomputation;
Correction
AGENCY:
Notice of proposed policy
directive; correction and extension of
public comment.
ACTION:
SUMMARY: The Forest Service published
a document in the Federal Register of
August 1, 2006, concerning request for
comments on Small Business Timber
Sale Set-Aside Program Share
Recomputation. The document
contained a typographical error in the
SUPPLEMENTARY INFORMATION caption.
The DATES caption has been revised to
reflect that comments must be received
in writing 60 days from the date of
publication of this correction notice in
the Federal Register.
Comments must be received in
writing by October 10, 2006.
DATES:
FOR FURTHER INFORMATION CONTACT:
Richard Fitzgerald, Assistant Director,
Forest Management Staff, by telephone
at (202) 205–1753 or by Internet at
rfitzgerald@fs.fed.us.
Correction
In the Federal Register of August 1,
2006, in FR Doc. E6–12310, on page
43437, in the first column, first full
paragraph, second sentence, correct the
SUPPLEMENTARY INFORMATION to read:
The Forest Service does not propose
to include the IRSCs as they generally
have lesser quantities of timber volume
and they are governed by the Federal
Acquisition Regulation and other
procurement related statutes and
regulations, as well as the laws and
regulations governing set asides for
small businesses seeking procurement
contracts.
jlentini on PROD1PC65 with NOTICES
BILLING CODE 3410–11–P
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 9, 2006.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Gemal Brangman, AD/
CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone (202) 482–1766 or (202) 482–
3773, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Forest Service, USDA.
Dated: August 3, 2006.
Joel D. Holtrop,
Deputy Chief for National Forest System.
[FR Doc. E6–12991 Filed 8–8–06; 8:45 am]
Certain Cased Pencils From The
People’s Republic of China: Notice of
Extension of Time Limit for 2004–2005
Administration Review
Background
On February 1, 2006, the Department
published in the Federal Register a
notice of initiation of administrative
review of the antidumping duty order
on certain cased pencils from the
People’s Republic of China, covering the
period December 1, 2004, through
November 30, 2005. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 71 FR 5241
(February 1, 2006). The preliminary
results for this administrative review are
currently due no later than September 5,
2006.1
Statutory Time Limits
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department of Commerce
(‘‘Department’’) to issue 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 a final
determination within 120 days after the
date on which the preliminary results
are published. If it is not practicable to
complete the review within the time
period, section 751(a)(3)(A) of the Act
allows the Department to extend these
deadlines to a maximum of 365 days
and 180 days, respectively.
Extension of Time Limits for
Preliminary Results
The Department requires additional
time to review and analyze the sales and
cost information submitted by the
respondent in this administrative
1 September 5, 2006, is the next business day after
245 days from the last day of the anniversary month
of the order.
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19:05 Aug 08, 2006
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45519
review. Moreover, the Department
requires additional time to analyze
complex issues related to surrogate
value selections. Thus, it is not
practicable to complete this review
within the original time limit (i.e., 245
days). Therefore, the Department is
partially extending the time limit for
completion of the preliminary results by
90 days to 335 days, in accordance with
section 751(a)(3)(A) of the Act. The
preliminary results are now due no later
than December 1, 2006. The final results
continue to be due 120 days after
publication of the preliminary results.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: August 3, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E6–12997 Filed 8–8–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–823–808
Certain Cut–to-Length Carbon Steel
Plate from Ukraine; Preliminary
Results of Administrative Review of
the Suspension Agreement
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results of
the Administrative Review of the
Suspension Agreement on Certain Cut–
to-Length Carbon Steel Plate from
Ukraine
AGENCY:
SUMMARY: In response to a request from
Mittal Steel USA ISG Inc. (Mittal Steel
USA), a domestic interested party, the
Department of Commerce (the
Department) is conducting an
administrative review of the suspension
agreement on certain cut–to-length
carbon steel plate from Ukraine (the
Agreement) for the period November 1,
2004 through October 31, 2005, to
review the current status of, and
compliance with, the Agreement. For
the reasons stated in this notice, the
Department preliminarily determines
that the Government of Ukraine (GOU)
is in compliance with the Agreement.
The preliminary results are set forth in
the section titled ‘‘Preliminary Results
of Review,’’ infra. Interested parties are
invited to comment on these
preliminary results. Parties who submit
comments are requested to provide: (1)
a statement of the issues, and (2) a brief
summary of the arguments.
E:\FR\FM\09AUN1.SGM
09AUN1
45520
Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices
EFFECTIVE DATE:
August 9, 2006.
FOR FURTHER INFORMATION CONTACT:
Judith Rudman or Jay Carreiro, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington, D.C. 20230,
telephone: (202) 482–0192 or (202) 482–
3674.
SUPPLEMENTARY INFORMATION:
Background
On October 24, 1997, the Department
signed an agreement with the
Government of Ukraine which
suspended the antidumping duty
investigation on certain cut–to-length
carbon steel plate (CTL plate) from
Ukraine. See Suspension of
Antidumping Duty Investigation:
Certain Cut–to-Length Carbon Steel
Plate from Ukraine, 62 FR 61766
(November 19, 1997). In accordance
with section 734(g) of the Tariff Act of
1930 (the Tariff Act), on November 19,
1997, the Department also published its
final determination of sales at less than
fair value in this case. See Notice of
Final Determination of Sales at Less
Than Fair Value: Certain Cut–to-Length
Carbon Steel Plate From Ukraine, 62 FR
61754 (November 19, 1997).
On November 30, 2005, Mittal Steel
USA submitted a request for an
administrative review pursuant to
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 70 FR 65883
(November 1, 2005). The Department
initiated a review of the Agreement on
December 22, 2005. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part (Initiation Notice), 70
FR 76024 (December 22, 2005).
jlentini on PROD1PC65 with NOTICES
Scope of Review
The products covered by the
Agreement include hot–rolled iron and
non–alloy steel 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 thickness of not less
than 4 mm, 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 iron and non–alloy steel flat–
rolled products not in coils, 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 mm or
VerDate Aug<31>2005
19:05 Aug 08, 2006
Jkt 208001
more in thickness and of a width which
exceeds 150 mm and measures at least
twice the thickness. Included as subject
merchandise in the Agreement are flat–
rolled products of nonrectangular 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. This merchandise
is currently classified in the
Harmonized Tariff Schedule of the
United States (HTS) 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. Although the HTS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
Agreement is dispositive. Specifically
excluded from subject merchandise
within the scope of this Agreement is
grade X–70 steel plate.
Period of Review
The period of review (POR) is
November 1, 2004 through October 31,
2005.
Preliminary Results of Review
Section 751(a)(1)(C) of the Tariff Act
specifies that the Department shall
‘‘review the current status of, and
compliance with, any agreement by
reason of which an investigation was
suspended.’’ In this case the Department
and the GOU signed the Agreement
suspending the antidumping duty
investigation on CTL Plate from Ukraine
on October 24, 1997. In order to
effectively restrict the volume of exports
of CTL Plate from Ukraine to the United
States, Article VI of the Agreement
provides for the implementation by the
GOU of certain legal and administrative
provisions. Moreover, Article VIII of the
Agreement (Monitoring) requires the
GOU to ‘‘provide to the Department
such information as is necessary and
appropriate to monitor the
implementation of and compliance with
the terms of [the] Agreement.’’ The
Department primarily relies upon three
tools to administer the Agreement: i)
export licenses issued by the GOU, and
received by the Department from U.S.
Customs and Border Protection (CBP);
ii) reference prices, revised quarterly by
the Department; and iii) the annual
export limits setting a quota on total
imports of CTL plate from Ukraine. The
GOU must restrict the volume of direct
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
and indirect exports of CTL plate from
Ukraine to the United States by means
of export licenses. In addition, subject
merchandise may not be sold below the
quarterly reference prices issued by the
Department.
On January 19, 2006 and April 14,
2006, the Department issued
questionnaires to the GOU. The GOU
submitted its responses on February 27,
2006 and May 12, 2006, respectively.
Our review of the information submitted
by the GOU indicates that the GOU
adhered to the major terms of the
Agreement. The GOU implemented the
provisions of the Agreement through the
passage of Presidential Decrees, Orders
of the Ministry of Foreign Economic
Relations and Trade of Ukraine, and
Statute of the Cabinet of Ministers of
Ukraine. See Exhibits 1 through 6 of the
February 27, 2006 response.
These legal enactments by the GOU
established an export licensing program
for all exports of CTL plate to the United
States and mandated that merchandise
would not be sold below the reference
price. Pursuant to section VIII of the
Agreement, the GOU conformed to the
Agreement’s monitoring requirement by
timely filing semi–annual reports
indicating the volume of sales of CTL
plate in the home market and to third
countries. The GOU has also timely
filed monthly reports on export licenses
issued for sales of subject merchandise
to the United States. The Agreement
also stipulates the GOU must ensure
compliance ‘‘by any official Ukrainian
institution, chamber, or other entities
authorized by the [GOU], all producers,
exporters, brokers, and traders of CTL
plate, and their affiliated parties, as well
as independent trading companies/
resellers utilized by the Ukrainian
producer to make sales to the United
States.’’ The Ukrainian producers
conformed to this requirement by
inserting a clause in their contracts
which prohibited the re–exportation of
subject merchandise to the United
States without the written permission of
the producer and required their
customers to include re–exportation
cautions in contracts of further resales
of the goods.
Our review of the information
submitted by the GOU indicates that
each of the export licenses governed by
the Agreement were at or above the
quarterly FOB reference prices
stipulated by the Agreement.
Furthermore, data supplied by the GOU
in its monthly reports, as well as our
independent review of import data
compiled by CBP, indicates Ukraine did
not exceed its annual export limits.
Therefore, we preliminarily determine
E:\FR\FM\09AUN1.SGM
09AUN1
Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices
that the GOU has been in compliance
with the Agreement.
Public Comment
An interested party may request a
hearing within 30 days of publication of
these preliminary results. See 19 CFR
351.310(c). Any hearing, if requested,
will be held 37 days after the date of
publication, or the first business day
thereafter, unless the Department alters
the date per 19 CFR 351.310(d).
Interested parties may submit case briefs
no later than 30 days after the date of
publication of these preliminary results
of review. See 19 CFR 351.309 (c).
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than 35 days after the date of
publication of this notice. See 19 CFR
351.309(d). Parties who submit
comments in these proceedings are
requested to submit provide: (1) a
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. Further, parties
submitting case briefs and/or rebuttal
briefs are requested to provide the
Department with an additional copy of
the public version of any such briefs on
diskette. The Department will issue the
final results of this administrative
review, including the results of our
analysis of the issues raised in any
written comments or at a hearing, if
requested, within 120 days of
publication of these preliminary results.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act.
Dated: August 2, 2006.
David M. Spooner,
Assistant Secretary forImport Administration.
[FR Doc. E6–12998 Filed 8–8–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–803]
Light–Walled Welded Rectangular
Carbon Steel Tubing from Taiwan:
Continuation of Antidumping Duty
Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce and the International Trade
Commission that revocation of the
antidumping duty order on light–walled
welded rectangular carbon steel tubing
from Taiwan would be likely to lead to
continuation or recurrence of dumping
jlentini on PROD1PC65 with NOTICES
AGENCY:
VerDate Aug<31>2005
19:05 Aug 08, 2006
Jkt 208001
and of material injury to an industry in
the United States within a reasonably
foreseeable time, the Department is
publishing notice of the continuation of
this antidumping duty order.
EFFECTIVE DATE:
August 9, 2006.
FOR FURTHER INFORMATION CONTACT:
Edythe Artman or Minoo Hatten, Office
5, AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3931 and (202)
482–1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2005, the Department of
Commerce (the Department) initiated
and the International Trade Commission
(ITC) instituted the second sunset
review of the antidumping duty order
on light–walled welded rectangular
carbon steel tubing from Taiwan
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). See
Initiation of Five-year (‘‘Sunset’’)
Reviews, 70 FR 38101 (July 1, 2005);
Institution of Five-year Reviews
Concerning the Countervailing Duty
Order on Welded Carbon Steel Pipe and
Tube from Turkey and the Antidumping
Duty Orders on Certain Pipe and Tube
from Argentina, Brazil, India, Korea,
Mexico, Taiwan, Thailand, and Turkey,
70 FR 38204 (July 1, 2005). As a result
of its review, the Department found that
revocation of the antidumping duty
order would be likely to lead to
continuation or recurrence of dumping
and notified the ITC of the magnitude of
the margins likely to prevail were the
order to be revoked. See Light–Walled
Welded Rectangular Carbon Steel
Tubing from Argentina and Taiwan;
Final Results of the Expedited Sunset
Reviews of the Antidumping Duty
Orders, 70 FR 67432 (November 7,
2005). On June 29, 2006, the ITC
determined pursuant to section 751(c) of
the Act that revocation of the
antidumping duty order on light–walled
welded rectangular carbon steel tubing
from Taiwan would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time. See Certain Pipe and Tube from
Argentina, Brazil, India, Korea, Mexico,
Taiwan, Thailand, and Turkey, 71 FR
42118 (July 25, 2006), and ITC
Publication 3867 (July 2006) entitled
Certain Pipe and Tube from Argentina,
Brazil, India, Korea, Mexico, Taiwan,
Thailand, and Turkey: Investigation
Nos. 701–TA–253 and 731–TA–132, 252,
PO 00000
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Fmt 4703
Sfmt 4703
45521
271, 409, 410, 532–534, and 536
(Second Review).
Scope of the Order
The product covered by this order is
light–walled welded carbon steel pipes
and tubes of rectangular (including
square) cross-section having a wall
thickness of less than 0.156 inch. This
merchandise is classified under item
number 7306.60.50.00 of the
Harmonized Tariff Schedule of the
United States. It was formerly classified
under item number 610.4928 of the
Tariff Schedules of the United States.
Determination
As a result of the determinations by
the Department and ITC that revocation
of this antidumping duty order would
be likely to lead to continuation or
recurrence of dumping and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, the Department hereby orders
the continuation of the antidumping
duty order on light–walled welded
rectangular carbon steel tubing from
Taiwan.
U.S. Customs and Border Protection
will continue to collect antidumping
duty cash deposits at the rates in effect
at the time of entry for all imports of
subject merchandise.
The effective date of continuation of
this order will be the date of publication
in the Federal Register of this Notice of
Continuation. Pursuant to sections
751(c)(2) and 751(c)(6) of the Act, the
Department intends to initiate the next
five-year review of this order not later
than July 2011.
This notice is in accordance with
sections 751(c) and 777(i)(1) of the Act.
Dated: August 1, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6–13000 Filed 8–8–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–831]
Stainless Steel Sheet and Strip in Coils
from Taiwan: Preliminary Results and
Rescission in Part of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests by one
Taiwanese manufacturer/exporter, Chia
Far Industrial Factory Co., Ltd. (Chia
AGENCY:
E:\FR\FM\09AUN1.SGM
09AUN1
]]>Agencies
[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Notices]
[Pages 45519-45521]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12998]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-823-808
Certain Cut-to-Length Carbon Steel Plate from Ukraine;
Preliminary Results of Administrative Review of the Suspension
Agreement
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results of the Administrative Review of
the Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate
from Ukraine
-----------------------------------------------------------------------
SUMMARY: In response to a request from Mittal Steel USA ISG Inc.
(Mittal Steel USA), a domestic interested party, the Department of
Commerce (the Department) is conducting an administrative review of the
suspension agreement on certain cut-to-length carbon steel plate from
Ukraine (the Agreement) for the period November 1, 2004 through October
31, 2005, to review the current status of, and compliance with, the
Agreement. For the reasons stated in this notice, the Department
preliminarily determines that the Government of Ukraine (GOU) is in
compliance with the Agreement. The preliminary results are set forth in
the section titled ``Preliminary Results of Review,'' infra. Interested
parties are invited to comment on these preliminary results. Parties
who submit comments are requested to provide: (1) a statement of the
issues, and (2) a brief summary of the arguments.
[[Page 45520]]
EFFECTIVE DATE: August 9, 2006.
FOR FURTHER INFORMATION CONTACT: Judith Rudman or Jay Carreiro, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.
20230, telephone: (202) 482-0192 or (202) 482-3674.
SUPPLEMENTARY INFORMATION:
Background
On October 24, 1997, the Department signed an agreement with the
Government of Ukraine which suspended the antidumping duty
investigation on certain cut-to-length carbon steel plate (CTL plate)
from Ukraine. See Suspension of Antidumping Duty Investigation: Certain
Cut-to-Length Carbon Steel Plate from Ukraine, 62 FR 61766 (November
19, 1997). In accordance with section 734(g) of the Tariff Act of 1930
(the Tariff Act), on November 19, 1997, the Department also published
its final determination of sales at less than fair value in this case.
See Notice of Final Determination of Sales at Less Than Fair Value:
Certain Cut-to-Length Carbon Steel Plate From Ukraine, 62 FR 61754
(November 19, 1997).
On November 30, 2005, Mittal Steel USA submitted a request for an
administrative review pursuant to Antidumping or Countervailing Duty
Order, Finding, or Suspended Investigation; Opportunity to Request
Administrative Review, 70 FR 65883 (November 1, 2005). The Department
initiated a review of the Agreement on December 22, 2005. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part (Initiation Notice), 70 FR
76024 (December 22, 2005).
Scope of Review
The products covered by the Agreement include hot-rolled iron and
non-alloy steel 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 thickness of not less than 4 mm,
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 iron and non-alloy steel flat-rolled products not in coils, 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 mm or more in thickness and of a
width which exceeds 150 mm and measures at least twice the thickness.
Included as subject merchandise in the Agreement are flat-rolled
products of nonrectangular 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. This merchandise is currently
classified in the Harmonized Tariff Schedule of the United States (HTS)
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. Although
the HTS subheadings are provided for convenience and customs purposes,
the written description of the scope of the Agreement is dispositive.
Specifically excluded from subject merchandise within the scope of this
Agreement is grade X-70 steel plate.
Period of Review
The period of review (POR) is November 1, 2004 through October 31,
2005.
Preliminary Results of Review
Section 751(a)(1)(C) of the Tariff Act specifies that the
Department shall ``review the current status of, and compliance with,
any agreement by reason of which an investigation was suspended.'' In
this case the Department and the GOU signed the Agreement suspending
the antidumping duty investigation on CTL Plate from Ukraine on October
24, 1997. In order to effectively restrict the volume of exports of CTL
Plate from Ukraine to the United States, Article VI of the Agreement
provides for the implementation by the GOU of certain legal and
administrative provisions. Moreover, Article VIII of the Agreement
(Monitoring) requires the GOU to ``provide to the Department such
information as is necessary and appropriate to monitor the
implementation of and compliance with the terms of [lsqb]the[rsqb]
Agreement.'' The Department primarily relies upon three tools to
administer the Agreement: i) export licenses issued by the GOU, and
received by the Department from U.S. Customs and Border Protection
(CBP); ii) reference prices, revised quarterly by the Department; and
iii) the annual export limits setting a quota on total imports of CTL
plate from Ukraine. The GOU must restrict the volume of direct and
indirect exports of CTL plate from Ukraine to the United States by
means of export licenses. In addition, subject merchandise may not be
sold below the quarterly reference prices issued by the Department.
On January 19, 2006 and April 14, 2006, the Department issued
questionnaires to the GOU. The GOU submitted its responses on February
27, 2006 and May 12, 2006, respectively. Our review of the information
submitted by the GOU indicates that the GOU adhered to the major terms
of the Agreement. The GOU implemented the provisions of the Agreement
through the passage of Presidential Decrees, Orders of the Ministry of
Foreign Economic Relations and Trade of Ukraine, and Statute of the
Cabinet of Ministers of Ukraine. See Exhibits 1 through 6 of the
February 27, 2006 response.
These legal enactments by the GOU established an export licensing
program for all exports of CTL plate to the United States and mandated
that merchandise would not be sold below the reference price. Pursuant
to section VIII of the Agreement, the GOU conformed to the Agreement's
monitoring requirement by timely filing semi-annual reports indicating
the volume of sales of CTL plate in the home market and to third
countries. The GOU has also timely filed monthly reports on export
licenses issued for sales of subject merchandise to the United States.
The Agreement also stipulates the GOU must ensure compliance ``by any
official Ukrainian institution, chamber, or other entities authorized
by the [lsqb]GOU[rsqb], all producers, exporters, brokers, and traders
of CTL plate, and their affiliated parties, as well as independent
trading companies/resellers utilized by the Ukrainian producer to make
sales to the United States.'' The Ukrainian producers conformed to this
requirement by inserting a clause in their contracts which prohibited
the re-exportation of subject merchandise to the United States without
the written permission of the producer and required their customers to
include re-exportation cautions in contracts of further resales of the
goods.
Our review of the information submitted by the GOU indicates that
each of the export licenses governed by the Agreement were at or above
the quarterly FOB reference prices stipulated by the Agreement.
Furthermore, data supplied by the GOU in its monthly reports, as well
as our independent review of import data compiled by CBP, indicates
Ukraine did not exceed its annual export limits. Therefore, we
preliminarily determine
[[Page 45521]]
that the GOU has been in compliance with the Agreement.
Public Comment
An interested party may request a hearing within 30 days of
publication of these preliminary results. See 19 CFR 351.310(c). Any
hearing, if requested, will be held 37 days after the date of
publication, or the first business day thereafter, unless the
Department alters the date per 19 CFR 351.310(d). Interested parties
may submit case briefs no later than 30 days after the date of
publication of these preliminary results of review. See 19 CFR 351.309
(c). Rebuttal briefs, limited to issues raised in the case briefs, may
be filed no later than 35 days after the date of publication of this
notice. See 19 CFR 351.309(d). Parties who submit comments in these
proceedings are requested to submit provide: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities. Further, parties submitting case briefs and/or rebuttal
briefs are requested to provide the Department with an additional copy
of the public version of any such briefs on diskette. The Department
will issue the final results of this administrative review, including
the results of our analysis of the issues raised in any written
comments or at a hearing, if requested, within 120 days of publication
of these preliminary results.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act.
Dated: August 2, 2006.
David M. Spooner,
Assistant Secretary forImport Administration.
[FR Doc. E6-12998 Filed 8-8-06; 8:45 am]
BILLING CODE 3510-DS-S
