Stainless Steel Bar from Germany: Amended Final Results of Antidumping Duty Administrative Review, 52063-52064 [E6-14533]

Download as PDF 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: AGENCY: VerDate Aug<31>2005 16:21 Aug 31, 2006 Jkt 208001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 52063 E:\FR\FM\01SEN1.SGM 01SEN1 52064 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: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

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]


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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