Stainless Steel Bar from Germany: Amended Final Results of Antidumping Duty Administrative Review, 52063-52064 [E6-14533]
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Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Notices
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting Five–
Year (‘‘Sunset’’) Reviews of
Antidumping and Countervailing Duty
Orders, 63 FR 13516 (March 20, 1998)
and 70 FR 62061 (October 28, 2005).
Guidance on methodological or
analytical issues relevant to the
Department’s conduct of Sunset
Reviews is set forth in the Department’s
Policy Bulletin 98.3--Policies Regarding
the Conduct of Five–Year (‘‘Sunset’’)
Reviews of Antidumping and
Countervailing Duty Orders; Policy
Bulletin, 63 FR 18871 (April 16, 1998)
(‘‘Sunset Policy Bulletin’’). The Notice
of Initiation of Five–Year (‘‘Sunset’’)
Reviews provides further information
regarding what is required of all parties
to participate in Sunset Reviews.
Pursuant to 19 CFR 351.103(c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact the Department in writing
within 10 days of the publication of the
Notice of Initiation.
Please note that if the Department
receives a Notice of Intent to Participate
from a member of the domestic industry
within 15 days of the date of initiation,
the review will continue. Thereafter,
any interested party wishing to
participate in the Sunset Review must
provide substantive comments in
response to the notice of initiation no
later than 30 days after the date of
initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
September 1, 2006.
FOR FURTHER INFORMATION CONTACT:
Brandon Farlander or Audrey Twyman,
AD/CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0182 or (202) 482–
3534, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 28, 2006, the Department of
Commerce (the ‘‘Department’’)
published in the Federal Register the
final results of the third administrative
review of stainless steel bar from
Germany.1 This review covered the
period March 1, 2004, through February
28, 2005. On July 31, 2006, Carpenter
Technology Corp., Crucible Specialty
Metals Division of Crucible Materials
Corp., and Electralloy Corp.
(collectively, ‘‘petitioners’’) submitted
ministerial error allegations filed
pursuant to 19 CFR 351.224(c). On
August 7, 2006, BGH Edelstahl Freital
GmbH, BGH Edelstahl Lippendorf
GmbH, BGH Edelstahl Lugau GmbH,
and BGH Edelstahl Siegen GmbH
(collectively, ‘‘BGH’’) submitted rebuttal
comments. Based on these submissions,
we made changes to the margin
calculation of BGH. The amended final
weighted–average dumping margin for
BGH is listed below in the section
entitled ‘‘Amended Final Results.’’
Scope of the Order
Import Administration,
International Trade Administration,
Department of Commerce.
For the purposes of the order, the
term ‘‘stainless steel bar’’ includes
articles of stainless steel in straight
lengths that have been either hot–rolled,
forged, turned, cold–drawn, cold–rolled
or otherwise cold–finished, or ground,
having a uniform solid cross section
along their whole length in the shape of
circles, segments of circles, ovals,
rectangles (including squares), triangles,
hexagons, octagons, or other convex
polygons. Stainless steel bar includes
cold–finished stainless steel bars that
are turned or ground in straight lengths,
whether produced from hot–rolled bar
or from straightened and cut rod or
wire, and reinforcing bars that have
indentations, ribs, grooves, or other
deformations produced during the
rolling process.
Except as specified above, the term
does not include stainless steel semi–
finished products, cut length flat–rolled
products (i.e., cut length rolled products
which if less than 4.75 mm in thickness
1 See Stainless Steel Bar from Germany: Final
Results of Antidumping Duty Administrative
have a width measuring at least 10 times
the thickness, or if 4.75 mm or more in
thickness having a width which exceeds
150 mm and measures at least twice the
thickness), products that have been cut
from stainless steel sheet, strip or plate,
wire (i.e., cold–formed products in
coils, of any uniform solid cross section
along their whole length, which do not
conform to the definition of flat–rolled
products), angles, shapes and sections.
The stainless steel bar subject to this
review is currently classifiable under
subheadings 7222.11.00.05,
7222.11.00.50, 7222.19.00.05,
7222.19.00.50, 7222.20.00.05,
7222.20.00.45, 7222.20.00.75, and
7222.30.00.00 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.
Amended Final Results
After analyzing the submissions, we
have determined in accordance with
section 735(e) of the Tariff Act of 1930,
as amended (‘‘the Act’’) and 19 CFR
351.224 that we made ministerial errors
in the margin calculation for BGH. The
ministerial errors affected the U.S.
credit expense calculation. These errors
were: 1) the Department did not
recalculate the credit expense after
revising the payment date for some U.S.
sales, 2) the Department incorrectly
used a U.S. dollar interest rate on U.S.
sales that were made in euros, and 3)
the Department’s programming language
did not properly apply the revised U.S.
interest rate to all U.S. sales made in
U.S. dollars.
For a detailed discussion of the
ministerial error allegations and the
Department’s analysis, see
Memorandum from Team through
Susan H. Kuhbach to Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, entitled ‘‘Ministerial
Error Allegations,’’ dated August 28,
2006.
We are amending the final
determination of the antidumping duty
administrative review of stainless steel
bar from Germany to reflect the
correction of the above–cited ministerial
errors. As a result of corrections of the
ministerial errors in the Final Results,
the revised final weighted–average
dumping margin is as follows:
Review, 71 FR 42802 (July 28, 2006) (‘‘Final
Results’’).
Dated: August 23, 2006.
Thomas F. Futtner,
Acting Office Director, AD/CVD Operations,
Office 4, Import Administration.
[FR Doc. E6–14559 Filed 8–31–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–830]
Stainless Steel Bar from Germany:
Amended Final Results of
Antidumping Duty Administrative
Review
sroberts on PROD1PC70 with NOTICES
EFFECTIVE DATE:
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Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Notices
Original weighted–
average margin
percentage
Exporter/manufacturer
Revised weighted–
average margin
percentage
0.62 percent
0.73 percent
BGH Edelstahl Freital GmbH, BGH Edelstahl Lippendorf GmbH, BGH Edelstahl Lugau GmbH, and
BGH Edelstahl Siegen GmbH ..............................................................................................................
sroberts on PROD1PC70 with NOTICES
Assessment Rates
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),
we have calculated exporter/importer
(or customer)-specific assessment rates
for merchandise subject to this review.
To determine whether the duty
assessment rates were de minimis, in
accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we
calculated importer (or customer)specific ad valorem rates by aggregating
the dumping margins calculated for all
U.S. sales to that importer (or customer)
and dividing this amount by the total
value of the sales to that importer (or
customer).
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 companies
included in these final results of review
for which the reviewed companies did
not know their 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 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).
The Department will issue
appropriate assessment instructions
directly to CBP within 15 days of
publication of these amended final
results of review.
Cash Deposit Rates
The following antidumping duty
deposits will be required on all
shipments of stainless steel bar from
Germany entered, or withdrawn from
warehouse, for consumption, effective
on or after the publication date of the
amended final results of this
administrative review, as provided by
section 751(a)(1) of the Act: (1) the cash
deposit rate for the reviewed company
will be the rate listed above (except no
cash deposit will be required if a
company’s weighted–average margin is
de minimis, i.e., less than 0.5 percent);
(2) for previously reviewed or
VerDate Aug<31>2005
16:21 Aug 31, 2006
Jkt 208001
investigated 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 covered in this
review, the previous review, or the
original investigation, but the
manufacturer is, 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 manufacturer is a firm
covered in this or any previous reviews,
the cash deposit rate will be 16.96
percent, the ‘‘all others’’ rate established
in Notice of Final Determination of
Sales at Less Than Fair Value: Stainless
Steel Bar from Germany, 67 FR 3159
(January 23, 2002) and Notice of
Amended Final Determination of Sales
at Less Than Fair Value and
Antidumping Duty Order: Stainless
Steel Bar from Germany, 67 FR 10382
(March 7, 2002).
These cash deposit requirements shall
remain in effect until publication of the
final results of the next administrative
review.
We are issuing and publishing these
results and this notice in accordance
with section 751(h) of the Act and 19
CFR 351.224(e).
Dated: August 28, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–14533 Filed 8–31–06; 8:45 am]
BILLING CODE 3510–DS–S
Accordingly, because no other party
requested a review for Senyuan, we are
rescinding, pursuant to 19 CFR
351.214(f)(1), this new shipper review.
SUPPLEMENTARY INFORMATION:
Background
On January 31, 2006, the Department
of Commerce (‘‘the Department’’)
received a timely request for a new
shipper review of the antidumping
order on WBF from the PRC from
Senyuan. On March 7, 2006, the
Department initiated a new shipper
review of shipments of WBF from the
PRC produced and exported by Senyuan
during the period of review. See
Wooden Bedroom Furniture from the
People’s Republic of China: Initiation of
New Shipper Reviews, 71 FR 11404
(March 7, 2006). No other party
requested a review of Senyuan for this
time period. On April 3, 2006, Senyuan
withdrew its request for a new shipper
review.
Rescission of New Shipper Review
Pursuant to 19 CFR 351.214(f)(1), the
Department may rescind a new shipper
review, in whole or in part, if the party
that requested the review withdraws its
request no later than 60 days after the
date of publication of the notice of
initiation of the requested review.
Senyuan withdrew its request for review
within the 60–day time limit and no
other party requested a review with
respect to Senyuan. Accordingly, we are
rescinding this new shipper review.
DEPARTMENT OF COMMERCE
Notification
International Trade Administration
We will issue assessment instructions
within 15 days of the date of the
publication of this notice and, in
accordance with 19 CFR 351.212(c), we
will instruct U.S. Customs and Border
Protection to assess antidumping duties
at the cash deposit rate in effect at the
time of entry for all shipments of WBF
from the PRC produced and exported by
Senyuan and entered, or withdrawn
from warehouse, for consumption
during the period June 24, 2004,
through December 31, 2005.
This notice serves as a 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
[A–570–890]
Wooden Bedroom Furniture From The
People’s Republic of China: Notice of
Partial Rescission of New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 3, 2006, Senyuan
Furniture Group (‘‘Senyuan’’) withdrew
its request for a new shipper review of
the antidumping duty order on wooden
bedroom furniture (‘‘WBF’’) from the
People’s Republic of China (‘‘PRC’’)
covering the period June 24, 2004,
through December 31, 2005.
AGENCY:
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]]>Agencies
[Federal Register Volume 71, Number 170 (Friday, September 1, 2006)]
[Notices]
[Pages 52063-52064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14533]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-830]
Stainless Steel Bar from Germany: Amended Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 1, 2006.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Audrey Twyman,
AD/CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0182 or (202) 482-3534, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 28, 2006, the Department of Commerce (the ``Department'')
published in the Federal Register the final results of the third
administrative review of stainless steel bar from Germany.\1\ This
review covered the period March 1, 2004, through February 28, 2005. On
July 31, 2006, Carpenter Technology Corp., Crucible Specialty Metals
Division of Crucible Materials Corp., and Electralloy Corp.
(collectively, ``petitioners'') submitted ministerial error allegations
filed pursuant to 19 CFR 351.224(c). On August 7, 2006, BGH Edelstahl
Freital GmbH, BGH Edelstahl Lippendorf GmbH, BGH Edelstahl Lugau GmbH,
and BGH Edelstahl Siegen GmbH (collectively, ``BGH'') submitted
rebuttal comments. Based on these submissions, we made changes to the
margin calculation of BGH. The amended final weighted-average dumping
margin for BGH is listed below in the section entitled ``Amended Final
Results.''
---------------------------------------------------------------------------
\1\ See Stainless Steel Bar from Germany: Final Results of
Antidumping Duty Administrative Review, 71 FR 42802 (July 28, 2006)
(``Final Results'').
---------------------------------------------------------------------------
Scope of the Order
For the purposes of the order, the term ``stainless steel bar''
includes articles of stainless steel in straight lengths that have been
either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise
cold-finished, or ground, having a uniform solid cross section along
their whole length in the shape of circles, segments of circles, ovals,
rectangles (including squares), triangles, hexagons, octagons, or other
convex polygons. Stainless steel bar includes cold-finished stainless
steel bars that are turned or ground in straight lengths, whether
produced from hot-rolled bar or from straightened and cut rod or wire,
and reinforcing bars that have indentations, ribs, grooves, or other
deformations produced during the rolling process.
Except as specified above, the term does not include stainless
steel semi-finished products, cut length flat-rolled products (i.e.,
cut length rolled products which if less than 4.75 mm in thickness have
a width measuring at least 10 times the thickness, or if 4.75 mm or
more in thickness having a width which exceeds 150 mm and measures at
least twice the thickness), products that have been cut from stainless
steel sheet, strip or plate, wire (i.e., cold-formed products in coils,
of any uniform solid cross section along their whole length, which do
not conform to the definition of flat-rolled products), angles, shapes
and sections.
The stainless steel bar subject to this review is currently
classifiable under subheadings 7222.11.00.05, 7222.11.00.50,
7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45,
7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of
the United States (``HTSUS''). Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the order is dispositive.
Amended Final Results
After analyzing the submissions, we have determined in accordance
with section 735(e) of the Tariff Act of 1930, as amended (``the Act'')
and 19 CFR 351.224 that we made ministerial errors in the margin
calculation for BGH. The ministerial errors affected the U.S. credit
expense calculation. These errors were: 1) the Department did not
recalculate the credit expense after revising the payment date for some
U.S. sales, 2) the Department incorrectly used a U.S. dollar interest
rate on U.S. sales that were made in euros, and 3) the Department's
programming language did not properly apply the revised U.S. interest
rate to all U.S. sales made in U.S. dollars.
For a detailed discussion of the ministerial error allegations and
the Department's analysis, see Memorandum from Team through Susan H.
Kuhbach to Stephen J. Claeys, Deputy Assistant Secretary for Import
Administration, entitled ``Ministerial Error Allegations,'' dated
August 28, 2006.
We are amending the final determination of the antidumping duty
administrative review of stainless steel bar from Germany to reflect
the correction of the above-cited ministerial errors. As a result of
corrections of the ministerial errors in the Final Results, the revised
final weighted-average dumping margin is as follows:
[[Page 52064]]
------------------------------------------------------------------------
Original weighted- Revised weighted-
Exporter/manufacturer average margin average margin
percentage percentage
------------------------------------------------------------------------
BGH Edelstahl Freital GmbH, BGH 0.62 percent 0.73 percent
Edelstahl Lippendorf GmbH, BGH
Edelstahl Lugau GmbH, and BGH
Edelstahl Siegen GmbH..........
------------------------------------------------------------------------
Assessment Rates
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), we have
calculated exporter/importer (or customer)-specific assessment rates
for merchandise subject to this review. To determine whether the duty
assessment rates were de minimis, in accordance with the requirement
set forth in 19 CFR 351.106(c)(2), we calculated importer (or
customer)-specific ad valorem rates by aggregating the dumping margins
calculated for all U.S. sales to that importer (or customer) and
dividing this amount by the total value of the sales to that importer
(or customer).
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 companies
included in these final results of review for which the reviewed
companies did not know their 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 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).
The Department will issue appropriate assessment instructions
directly to CBP within 15 days of publication of these amended final
results of review.
Cash Deposit Rates
The following antidumping duty deposits will be required on all
shipments of stainless steel bar from Germany entered, or withdrawn
from warehouse, for consumption, effective on or after the publication
date of the amended final results of this administrative review, as
provided by section 751(a)(1) of the Act: (1) the cash deposit rate for
the reviewed company will be the rate listed above (except no cash
deposit will be required if a company's weighted-average margin is de
minimis, i.e., less than 0.5 percent); (2) for previously reviewed or
investigated 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 covered in this review, the
previous review, or the original investigation, but the manufacturer
is, 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 manufacturer is a firm covered in this or
any previous reviews, the cash deposit rate will be 16.96 percent, the
``all others'' rate established in Notice of Final Determination of
Sales at Less Than Fair Value: Stainless Steel Bar from Germany, 67 FR
3159 (January 23, 2002) and Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping Duty Order: Stainless
Steel Bar from Germany, 67 FR 10382 (March 7, 2002).
These cash deposit requirements shall remain in effect until
publication of the final results of the next administrative review.
We are issuing and publishing these results and this notice in
accordance with section 751(h) of the Act and 19 CFR 351.224(e).
Dated: August 28, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-14533 Filed 8-31-06; 8:45 am]
BILLING CODE 3510-DS-S
