Certain Hot-Rolled Carbon Steel Flat Products from Romania: Preliminary Results of the Antidumping Duty Administrative Review, 62082-62085 [E6-17717]
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62082
Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Notices
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(2)(B)
and 777(i) of the Act and 19 CFR
351.214(f)(3).
Dated: October 16, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–17714 Filed 10–20–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–485–806)
Certain Hot–Rolled Carbon Steel Flat
Products from Romania: Preliminary
Results of the Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
Romania. The period of review is
November 1, 2004, through October 31,
2005. We preliminarily determine that
sales of subject merchandise by Mittal
Steel Galati, S.A. (MS Galati), have not
been made below normal value. If these
preliminary results are adopted in our
final results, we will instruct U.S.
Customs and Border Protection (CBP) to
assess no antidumping duties on
appropriate entries. Interested parties
are invited to comment on these
preliminary results. Parties that submit
comments are requested to submit with
each argument (1) a statement of the
issue(s) and (2) a brief summary of the
argument(s). We will issue the final
results no later than 120 days from the
publication of this notice.
EFFECTIVE DATE: October 20, 2006.
FOR FURTHER INFORMATION CONTACT:
David Dirstine at (202) 482–4033, AD/
CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
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AGENCY:
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Background
On November 29, 2001, the
Department published an antidumping
duty order on certain hot–rolled carbon
steel flat products from Romania. See
Notice of Amended Final Antidumping
Duty Determination and Antidumping
Duty Order: Certain Hot–Rolled Carbon
Steel Flat Products From Romania, 66
FR 59566 (November 29, 2001).
On November 1, 2005, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
Romania for the period November 1,
2004, through October 31, 2005. See
Notice of Opportunity to Request
Administrative Review of Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation, 70 FR
65883 (November 1, 2005). On
November 30, 2005, the Department
received three timely requests for an
administrative review of this order on
behalf of MS Galati, Nucor Corporation
(a domestic interested party), and
United States Steel Corporation (USSC),
the petitioner in this proceeding.
On December 22, 2005, the
Department initiated an administrative
review of the antidumping duty order
on certain hot–rolled carbon steel flat
products from Romania for the period
November 1, 2004, through October 31,
2005 (Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 70 FR 76024 (December 22, 2005)).
On July 27, 2006, due to the
complexity of the case and pursuant to
section 751(c)(3)(A) of the Tariff Act of
1930, as amended (the Act), the
Department extended the deadline for
the completion of the preliminary
results in this administrative review
until October 16, 2006. See Notice of
Extension of Time Limit for Preliminary
Results of Antidumping Duty
Administrative Review: Certain Hot–
Rolled Carbon Steel Flat Products from
Romania, 71 FR 42630 (July 27, 2006).
Scope of the Order
For purposes of this order, the
products covered 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
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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. The
merchandise subject to this order is
classified in the Harmonized Tariff
Schedules of the United States (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 products are covered by
this order, including vacuum degassed
fully stabilized, high strength low alloy,
and the substrate for motor lamination
steel which 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. For further information
on the scope of the order, see Certain
Hot–Rolled Carbon Steel Flat Products
from Romania: Preliminary Results of
Antidumping Duty Administrative
Review, 69 FR 70644 (December 7,
2004).
Date of Sale
Based on our analysis of U.S. sales in
the 2003–2004 review, we concluded
that all substantive terms of sale, i.e.,
price, quantity, terms of delivery, and
payment, were fixed and not susceptible
to change after the date on the customer
order acknowledgment issued by MS
Galati’s U.S. subsidiary, INA. Therefore,
we determined that the date of INA’s
customer–order acknowledgment
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represents the appropriate date of sale
for reporting U.S. sales. See Certain
Hot–Rolled Carbon Steel Flat Products
From Romania: Final Results of
Antidumping Duty Administrative
Review and Rescission in Part of
Administrative Review, 71 FR 30656
(May 30, 2006) and accompanying
Issues and Decision Memorandum at
Comment 7.
Fair–Value Comparisons
To determine whether MS Galati’s
sales of the subject merchandise from
Romania to the United States were made
at prices below normal value, we
compared the constructed export price
(CEP) to the normal value as described
in the ‘‘Constructed Export Price’’ and
‘‘Normal Value’’ sections of this notice.
Therefore, pursuant to section
777A(d)(2) of the Act, we compared the
CEPs of individual U.S. transactions to
the monthly weighted–average normal
value of the foreign like product where
there were sales made in the ordinary
course of trade.
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Product Comparisons
In accordance with section 771(16) of
the Act, we considered all products
within the ‘‘Scope of the Order’’ section
above which were produced and sold by
MS Galati in the home market during
the period of review to be foreign like
product for the purpose of determining
appropriate product comparisons to
U.S. sales of subject merchandise. We
relied on the following eleven
characteristics to match U.S. sales of
subject merchandise to comparison
sales of the foreign like product: (1)
painted; (2) quality;( 3) carbon content;
(4) yield strength; (5) thickness; (6)
width; (7) form; (8) temper rolled; (9)
pickled; (10) edge trim; and (11)
patterns in relief. Where there were no
sales of identical merchandise in the
home market to compare to U.S. sales,
we compared U.S. sales to the most
similar foreign like product on the basis
of the characteristics and reporting
instructions we identified in our
questionnaire. See Appendix III and IV
of the Department’s antidumping duty
questionnaire to MS Galati dated
December 22, 2005.
Constructed Export Price
In accordance with section 772(b) of
the Act, CEP is the price at which the
subject merchandise is first sold (or
agreed to be sold) in the United States
before or after the date of importation by
or for the account of the producer or
exporter of such merchandise or by a
seller affiliated with the producer or
exporter to a purchaser not affiliated
with the producer or exporter, as
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adjusted under sections 772(c) and (d)
of the Act. For purposes of this
administrative review, we have treated
sales by MS Galati as CEP transactions
because MS Galati’s U.S. affiliate, INA,
made the first sale to an unaffiliated
party in the United States. Therefore, we
based CEP on the packed duty–paid
prices to unaffiliated purchasers in the
United States in accordance with
sections 772(b), (c), and (d) of the Act.
We made deductions for movement
expenses in accordance with section
772(c)(2)(A) of the Act. These
deductions included foreign inland
freight from the plant to the port of
export, foreign brokerage and handling,
international freight, marine insurance,
U.S. brokerage and handling, other U.S.
transportation expenses (i.e., U.S.
stevedoring, wharfage, and surveying),
and U.S. customs duty. In accordance
with section 772(d)(1) of the Act, we
deducted those selling expenses
associated with economic activities
occurring in the United States,
including direct selling expenses (i.e.,
imputed credit expenses) and indirect
selling expenses.
We revised the calculation of U.S.
credit expense from the amount MS
Galati claimed to reflect the seller’s cost
of extending credit between the date of
shipment from Romania and final
payment from the first unaffiliated
customer. Credit expense is the interest
expense incurred (or interest revenue
foregone) between shipment of
merchandise to a customer and receipt
of payment from the customer.
Inventory carrying costs are the interest
expenses incurred (or interest revenue
foregone) between the time the
merchandise leaves the production line
at the factory to the time the goods are
shipped to the first unaffiliated
customer. In CEP cases where the
merchandise does not enter the
inventory of a U.S. affiliate in the
United States prior to sale to an
unaffiliated U.S. customer, the
Department calculates the credit period
from the time the merchandise is
shipped from the producer’s country to
the date of payment. See, e.g., Notice of
Final Results of Antidumping Duty
Administrative Review: Carbon and
Certain Alloy Steel Wire Rod from
Trinidad and Tobago, 70 FR 12648
(March 15, 2005), and accompanying
Issues and Decision Memorandum at
Comment 6.
For these CEP sales, we also made an
adjustment for profit in accordance with
section 772(d)(3) of the Act. We
deducted the profit allocated to
expenses deducted under sections
772(d)(1) and 772(d)(2) in accordance
with sections 772(d)(3) and 772(f) of the
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Act. In accordance with section 772(f) of
the Act, we computed profit based on
total revenue realized on sales in both
the U.S. and home markets, less all
expenses associated with those sales.
We then allocated profit to expenses
incurred with respect to U.S. economic
activity based on the ratio of total U.S.
expenses to total expenses for both the
U.S. and home markets.
Normal Value
A. Home–Market Viability
We compared the aggregate volume of
all home–market sales of the foreign like
product and the U.S. sales of the subject
merchandise to determine whether the
volume of the foreign like product sold
in Romania was sufficient, pursuant to
section 773(a)(1)(c) of the Act, to form
a basis for normal value. Because the
volume of home–market sales of the
foreign like product was greater than
five percent of the U.S. sales of subject
merchandise, in accordance with
section 773(a)(1)(B)(i) of the Act, we
have based the determination of normal
value on the home–market sales of the
foreign like product. Thus, we used as
normal value the prices at which the
foreign like product was first sold for
consumption in Romania, in the usual
commercial quantities, in the ordinary
course of trade, and, to the extent
possible, at the same level of trade as
the CEP sales, as appropriate. After
testing home–market viability, we
calculated normal value as discussed in
the ‘‘Price–to-Price Comparisons’’
section of this notice.
B. Cost–of-Production Analysis
On July 11, 2006, Nucor Corporation
submitted an allegation that MS Galati’s
home–market sales were made at prices
below the cost of production and
requested that the Department initiate a
cost investigation of MS Galati’s home–
market sales of the foreign like product.
Upon review of Nucor’s allegation, we
found reasonable grounds to believe or
suspect that MS Galati made sales at
below the cost of production so we
initiated a sales–below-cost
investigation on August 3, 2006, and
instructed MS Galati to provide cost–ofproduction information concerning its
sales.
MS Galati provided cost–ofproduction information in response to
our request. Because home–market sales
during the 2003–2004 period were the
only candidates for use as normal value
due to the date of sale reported for U.S.
sales (see discussion under ‘‘Date of
Sale’’), we have conducted the cost–ofproduction test using the 2003–2004
home–market sales.
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In accordance with section 773(b)(3)
of the Act, we calculated a weighted–
average cost of production based on the
sum of the cost of materials and
fabrication for the foreign like product
plus amounts for home–market general
and administrative (G&A) expenses,
interest expenses, and packing
expenses. We relied on the cost–ofproduction data MS Galati submitted in
its questionnaire responses.
On a model–specific basis, we
compared the cost of production to the
home–market prices, less any applicable
movement charges and direct and
indirect selling expenses.
We disregarded below–cost sales
where 20 percent or more of MS Galati’s
sales of a given product were made at
prices below the cost of production and,
thus, such sales were made within an
extended period of time in substantial
quantities in accordance with sections
773(b)(2)(B) and (c) of the Act and
where, based on comparisons of the
price to the weighted–average cost of
production, we determined that the
below–cost sales of the product were at
prices which would not permit recovery
of all costs within a reasonable time
period, in accordance with section
773(b)(2)(D) of the Act.
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C. Arm’s–Length Test
MS Galati reported that it made sales
in the home market to affiliated and
unaffiliated customers. The Department
did not require MS Galati to report
downstream sales by its affiliated party
because these sales represented less
than five percent of total home–market
sales. We excluded sales to affiliated
customers in the home market not made
in the ordinary course of trade from our
analysis pursuant to section
773(a)(1)(B)(i) of the Act. To determine
whether sales to affiliated customers
were made in the ordinary course of
trade, we tested whether sales to each
affiliated customer were made at arm’s
length. As such, we compared the
starting prices of sales to affiliated and
unaffiliated customers net of all billing
adjustments, movement charges, direct
selling expenses, discounts, and
packing. Where the price to that
affiliated party was, on average, within
a range of 98 to 102 percent of the price
of the same or comparable merchandise
sold to the unaffiliated parties at the
same level of trade, we determined that
the sales made to the affiliated party
were at arm’s length, consistent with
Antidumping Proceedings: Affiliated
Party Sales in the Ordinary Course of
Trade, 67 FR 69186 (November 15,
2002).
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D. Price–to-Price Comparisons
We based normal value on the home–
market sales to unaffiliated purchasers
and sales to affiliated customers that
passed the arm’s–length test. We
adjusted gross unit price for reported
freight revenue. We made adjustments
for physical differences in the
merchandise in accordance with section
773(a)(6)(C)(ii) of the Act. We made
adjustments for movement expenses
(i.e., inland freight from plant to
distribution warehouse and
warehousing expenses) in accordance
with section 773(a)(6)(B) of the Act. We
made circumstance–of-sale adjustments
for imputed credit, where appropriate,
in accordance with section
773(a)(6)(C)(iii) of the Act. In
accordance with section 773(a)(6) of the
Act, we deducted home–market packing
costs and added U.S. packing costs.
Level of Trade
In accordance with section
773(a)(1)(B)(i) of the Act, to the extent
practicable, we determine normal value
based on sales in the comparison market
at the same level of trade as the CEP
transaction. See also 19 CFR 351.412.
The normal–value level of trade is the
level of the starting–price sales in the
comparison market or, when normal
value is based on constructed value, the
level of the sales from which we derive
selling, general and administrative
expenses and profits. For CEP sales, the
U.S. level of trade is the level of the
constructed sale from the exporter to the
affiliated importer. See 19 CFR
351.412(c)(1).
To determine whether home–market
sales are at a different level of trade than
CEP sales, we examined stages in the
marketing process and selling functions
along the chain of distribution between
the producer and the unaffiliated
customer. If the home–market sales are
at a different level of trade than CEP
sales and the difference affects price
comparability, as manifested in a
pattern of consistent price differences
between sales on which normal value is
based and home–market sales at the
level of trade of the export transaction,
we make a level–of-trade adjustment
under section 773(a)(7)(A) of the Act.
For CEP sales, if the normal–value level
is more remote from the factory than the
CEP level and there is no basis for
determining whether the difference in
levels between normal value and CEP
affects price comparability, we adjust
normal value under section 773(a)(7)(B)
of the Act (the CEP offset). See Notice
of Final Determination of Sales at Less
Than Fair Value: Certain Cut–to-Length
Carbon Steel Plate from South Africa,
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62 FR 61731 - 61733 (November 19,
1997).
In this review, MS Galati reported that
it sells to unaffiliated distributors and
end–users in Romania as well as to
affiliated end–users for consumption
and affiliated distributors. In the United
States, MS Galati had sales to an
affiliate, INA, that resold the
merchandise to unaffiliated customers.
MS Galati reported one level of trade
in the home market with the following
three channels of distribution: (1) direct
sales to customers; (2) consignment
sales; (3) sales through its affiliated
warehouse. Home–market sales were
made to two classes of customers, end–
users and distributors. Along with MS
Galati’s home–market sales of
merchandise stored at its affiliated
warehouse, MS Galati also had sales to
affiliated end–users for consumption.
Based on our review of evidence on the
record, we find that home–market sales
through the three channels of
distribution to both customer categories,
whether affiliated or not, were
substantially similar with respect to
selling functions and stages of
marketing. MS Galati performed the
same selling functions at the same level
for sales to all home–market customers.
Accordingly, we preliminarily find that
MS Galati had only one level of trade for
its home–market sales.
MS Galati reported one CEP level of
trade with one channel of distribution
in the United States which consists of
its U.S. affiliate’s direct sales to end–
users and distributors of merchandise
shipped directly from Romania. As
such, we preliminarily determine that
MS Galati made CEP sales to the United
States through one channel of
distribution -- direct sales to end–users
and distributors.
For CEP sales, we consider only the
selling activities reflected in the price
after the deduction of expenses and CEP
profit under section 772(d) of the Act.
Accordingly, we reviewed the selling
functions and services MS Galati
reported it performed on CEP sales and
we have determined that the selling
functions performed on all CEP sales
were identical. Therefore, we
preliminarily determine that there is
one CEP level of trade in the U.S.
market.
We then compared the selling
functions performed by MS Galati on its
CEP sales (after deductions) to the
selling functions it provided in the
home market. We found that MS Galati
performs more selling functions for its
home–market sales than those it
provides to its U.S. affiliate, INA. MS
Galati reported that it provided minimal
selling functions and services for the
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CEP level of trade and that, therefore,
the home–market level of trade is more
advanced than the CEP level of trade.
Based on our analysis of the channels of
distribution and MS Galati’s selling
functions for sales in the home market
and CEP sales in the U.S. market, we
preliminarily find that the home–market
level of trade is at a more advanced
stage of distribution when compared to
CEP sales because MS Galati provides
many selling functions in the home
market at a higher level of service as
compared to selling functions it
performed for its CEP sales.
We examined whether a level–oftrade adjustment or CEP offset may be
appropriate. In this case, MS Galati sold
at one level of trade in the home market.
Therefore, there is no information
available to determine a pattern of
consistent price differences between the
sales on which we base normal value
and the home–market sales at the level
of trade of the export transaction, in
accordance with our normal
methodology as described above. See 19
CFR 351.412(d). We do not have record
information which would allow us to
examine pricing patterns based on MS
Galati’s sales of other products, and
there are no other respondents or other
record information on which such as
analysis could be based. Accordingly,
because the data available do not
provide an appropriate basis for making
a level–of-trade adjustment but the level
of trade in the home market is at a more
advanced state of distribution than the
level of trade of the CEP transactions,
we made a CEP–offset adjustment to
normal value in accordance with section
773(a)(7)(B) of the Act and 19 CFR
351.412(f).
To calculate the CEP offset, we
deducted the home–market indirect
selling expenses from normal value for
home–market sales that we compared to
U.S. CEP sales. As such, we limited the
deduction for home–market indirect
selling expenses by the amount of the
indirect selling expenses we deducted
in calculating the CEP as required under
section 772(d)(1)(D) of the Act.
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Currency Conversion
We made currency conversions
pursuant to 19 CFR 351.415 based on
the rates certified by the Federal Reserve
Bank.
Preliminary Results of Review
We preliminarily determine that the
weighted–average dumping margin for
MS Galati during the period November
1, 2004, through October 31, 2005, is
0.00 percent.
Pursuant to 19 CFR 351.224(b), the
Department will disclose to parties
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calculations performed in connection
with these preliminary results within
five days of the date of publication of
this notice. Any interested party may
request a hearing within 30 days of
publication of this notice. If requested,
a hearing will be held at the main
Department building. We will notify
parties of the exact date, time, and place
for any such hearing.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs. Case briefs from
interested parties may be filed no later
than 30 days after publication of this
notice. Rebuttal briefs, limited to the
issues raised in case briefs, may be
submitted no later than five days after
the deadline for filing case briefs.
Parties who submit case or rebuttal
briefs in this proceeding are requested
to submit with each argument a
statement of the issue and a brief
summary of the argument with an
electronic version included.
The Department will publish a notice
of final results of this administrative
review, which will include the results of
its analysis of issues raised in the case
briefs, within 120 days from the date of
publication of these preliminary results.
Assessment Rate
The Department will determine and
U.S. Customs and Border Protection
(CBP) shall assess antidumping duties
on all appropriate entries. We intend to
issue appropriate assessment
instructions directly to CBP within 15
days of publication of the final results
of review. In accordance with 19 CFR
351.212(b)(1), we have calculated an
importer–specific assessment rate of
0.00 percent. In our final results we will
direct CBP to liquidate the appropriate
entries at this rate. See 19 CFR
351.212(b)(1).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Notice of Policy
Concerning Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003)
(Assessment–Policy Notice). This
clarification will apply to entries of
subject merchandise during the period
of review produced by MS Galati for
which MS Galati did not know that the
merchandise it sold to an intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the 17.84 percent all–others
rate if there is no rate for the
intermediary involved in the
transaction. See the Assessment–Policy
Notice for a full discussion of this
clarification.
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Cash–Deposit Requirements
The following cash–deposit rates will
be effective upon publication of the
final results of this review for all
shipments of certain hot–rolled carbon
steel flat products from Romania
entered, or withdrawn from warehouse,
for consumption on or after publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) for MS Galati, the cash–
deposit rate will be the rate established
in the final results of this review; (2) for
previously reviewed or investigated
companies not covered in this review,
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, a prior review, or the original
antidumping duty investigation but the
manufacturer is, the cash–deposit rate
will be the rate established in the most
recent period for the manufacturer of
the merchandise; (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous
administrative review or in the original
less–than-fair–value investigation, the
cash–deposit rate will be 17.84 percent,
the ‘‘All Others’’ rate made effective on
June 14, 2005. See Certain Hot- Rolled
Carbon Steel Flat Products From
Romania: Final Results of Antidumping
Duty Administrative Review, 70 FR
34448 (June 14, 2005).
These deposit requirements, when
imposed, shall remain in effect until
publication of the final results of the
next administrative review.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during the review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This notice is published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: October 16, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–17717 Filed 10–20–06; 8:45 am]
BILLING CODE 3510–DS–S
E:\FR\FM\23OCN1.SGM
23OCN1
Agencies
[Federal Register Volume 71, Number 204 (Monday, October 23, 2006)]
[Notices]
[Pages 62082-62085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17717]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-485-806)
Certain Hot-Rolled Carbon Steel Flat Products from Romania:
Preliminary Results of the Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from Romania. The period of review is
November 1, 2004, through October 31, 2005. We preliminarily determine
that sales of subject merchandise by Mittal Steel Galati, S.A. (MS
Galati), have not been made below normal value. If these preliminary
results are adopted in our final results, we will instruct U.S. Customs
and Border Protection (CBP) to assess no antidumping duties on
appropriate entries. Interested parties are invited to comment on these
preliminary results. Parties that submit comments are requested to
submit with each argument (1) a statement of the issue(s) and (2) a
brief summary of the argument(s). We will issue the final results no
later than 120 days from the publication of this notice.
EFFECTIVE DATE: October 20, 2006.
FOR FURTHER INFORMATION CONTACT: David Dirstine at (202) 482-4033, AD/
CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street and
Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2001, the Department published an antidumping duty
order on certain hot-rolled carbon steel flat products from Romania.
See Notice of Amended Final Antidumping Duty Determination and
Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products
From Romania, 66 FR 59566 (November 29, 2001).
On November 1, 2005, the Department published a notice of
opportunity to request an administrative review of the antidumping duty
order on certain hot-rolled carbon steel flat products from Romania for
the period November 1, 2004, through October 31, 2005. See Notice of
Opportunity to Request Administrative Review of Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation, 70 FR
65883 (November 1, 2005). On November 30, 2005, the Department received
three timely requests for an administrative review of this order on
behalf of MS Galati, Nucor Corporation (a domestic interested party),
and United States Steel Corporation (USSC), the petitioner in this
proceeding.
On December 22, 2005, the Department initiated an administrative
review of the antidumping duty order on certain hot-rolled carbon steel
flat products from Romania for the period November 1, 2004, through
October 31, 2005 (Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 70 FR 76024
(December 22, 2005)).
On July 27, 2006, due to the complexity of the case and pursuant to
section 751(c)(3)(A) of the Tariff Act of 1930, as amended (the Act),
the Department extended the deadline for the completion of the
preliminary results in this administrative review until October 16,
2006. See Notice of Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review: Certain Hot-Rolled Carbon Steel
Flat Products from Romania, 71 FR 42630 (July 27, 2006).
Scope of the Order
For purposes of this order, the products covered 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. The merchandise subject to this order is classified in the
Harmonized Tariff Schedules of the United States (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
products are covered by this order, including vacuum degassed fully
stabilized, high strength low alloy, and the substrate for motor
lamination steel which 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. For further information on the scope of the order, see
Certain Hot-Rolled Carbon Steel Flat Products from Romania: Preliminary
Results of Antidumping Duty Administrative Review, 69 FR 70644
(December 7, 2004).
Date of Sale
Based on our analysis of U.S. sales in the 2003-2004 review, we
concluded that all substantive terms of sale, i.e., price, quantity,
terms of delivery, and payment, were fixed and not susceptible to
change after the date on the customer order acknowledgment issued by MS
Galati's U.S. subsidiary, INA. Therefore, we determined that the date
of INA's customer-order acknowledgment
[[Page 62083]]
represents the appropriate date of sale for reporting U.S. sales. See
Certain Hot-Rolled Carbon Steel Flat Products From Romania: Final
Results of Antidumping Duty Administrative Review and Rescission in
Part of Administrative Review, 71 FR 30656 (May 30, 2006) and
accompanying Issues and Decision Memorandum at Comment 7.
Fair-Value Comparisons
To determine whether MS Galati's sales of the subject merchandise
from Romania to the United States were made at prices below normal
value, we compared the constructed export price (CEP) to the normal
value as described in the ``Constructed Export Price'' and ``Normal
Value'' sections of this notice. Therefore, pursuant to section
777A(d)(2) of the Act, we compared the CEPs of individual U.S.
transactions to the monthly weighted-average normal value of the
foreign like product where there were sales made in the ordinary course
of trade.
Product Comparisons
In accordance with section 771(16) of the Act, we considered all
products within the ``Scope of the Order'' section above which were
produced and sold by MS Galati in the home market during the period of
review to be foreign like product for the purpose of determining
appropriate product comparisons to U.S. sales of subject merchandise.
We relied on the following eleven characteristics to match U.S. sales
of subject merchandise to comparison sales of the foreign like product:
(1) painted; (2) quality;( 3) carbon content; (4) yield strength; (5)
thickness; (6) width; (7) form; (8) temper rolled; (9) pickled; (10)
edge trim; and (11) patterns in relief. Where there were no sales of
identical merchandise in the home market to compare to U.S. sales, we
compared U.S. sales to the most similar foreign like product on the
basis of the characteristics and reporting instructions we identified
in our questionnaire. See Appendix III and IV of the Department's
antidumping duty questionnaire to MS Galati dated December 22, 2005.
Constructed Export Price
In accordance with section 772(b) of the Act, CEP is the price at
which the subject merchandise is first sold (or agreed to be sold) in
the United States before or after the date of importation by or for the
account of the producer or exporter of such merchandise or by a seller
affiliated with the producer or exporter to a purchaser not affiliated
with the producer or exporter, as adjusted under sections 772(c) and
(d) of the Act. For purposes of this administrative review, we have
treated sales by MS Galati as CEP transactions because MS Galati's U.S.
affiliate, INA, made the first sale to an unaffiliated party in the
United States. Therefore, we based CEP on the packed duty-paid prices
to unaffiliated purchasers in the United States in accordance with
sections 772(b), (c), and (d) of the Act. We made deductions for
movement expenses in accordance with section 772(c)(2)(A) of the Act.
These deductions included foreign inland freight from the plant to the
port of export, foreign brokerage and handling, international freight,
marine insurance, U.S. brokerage and handling, other U.S.
transportation expenses (i.e., U.S. stevedoring, wharfage, and
surveying), and U.S. customs duty. In accordance with section 772(d)(1)
of the Act, we deducted those selling expenses associated with economic
activities occurring in the United States, including direct selling
expenses (i.e., imputed credit expenses) and indirect selling expenses.
We revised the calculation of U.S. credit expense from the amount
MS Galati claimed to reflect the seller's cost of extending credit
between the date of shipment from Romania and final payment from the
first unaffiliated customer. Credit expense is the interest expense
incurred (or interest revenue foregone) between shipment of merchandise
to a customer and receipt of payment from the customer. Inventory
carrying costs are the interest expenses incurred (or interest revenue
foregone) between the time the merchandise leaves the production line
at the factory to the time the goods are shipped to the first
unaffiliated customer. In CEP cases where the merchandise does not
enter the inventory of a U.S. affiliate in the United States prior to
sale to an unaffiliated U.S. customer, the Department calculates the
credit period from the time the merchandise is shipped from the
producer's country to the date of payment. See, e.g., Notice of Final
Results of Antidumping Duty Administrative Review: Carbon and Certain
Alloy Steel Wire Rod from Trinidad and Tobago, 70 FR 12648 (March 15,
2005), and accompanying Issues and Decision Memorandum at Comment 6.
For these CEP sales, we also made an adjustment for profit in
accordance with section 772(d)(3) of the Act. We deducted the profit
allocated to expenses deducted under sections 772(d)(1) and 772(d)(2)
in accordance with sections 772(d)(3) and 772(f) of the Act. In
accordance with section 772(f) of the Act, we computed profit based on
total revenue realized on sales in both the U.S. and home markets, less
all expenses associated with those sales. We then allocated profit to
expenses incurred with respect to U.S. economic activity based on the
ratio of total U.S. expenses to total expenses for both the U.S. and
home markets.
Normal Value
A. Home-Market Viability
We compared the aggregate volume of all home-market sales of the
foreign like product and the U.S. sales of the subject merchandise to
determine whether the volume of the foreign like product sold in
Romania was sufficient, pursuant to section 773(a)(1)(c) of the Act, to
form a basis for normal value. Because the volume of home-market sales
of the foreign like product was greater than five percent of the U.S.
sales of subject merchandise, in accordance with section
773(a)(1)(B)(i) of the Act, we have based the determination of normal
value on the home-market sales of the foreign like product. Thus, we
used as normal value the prices at which the foreign like product was
first sold for consumption in Romania, in the usual commercial
quantities, in the ordinary course of trade, and, to the extent
possible, at the same level of trade as the CEP sales, as appropriate.
After testing home-market viability, we calculated normal value as
discussed in the ``Price-to-Price Comparisons'' section of this notice.
B. Cost-of-Production Analysis
On July 11, 2006, Nucor Corporation submitted an allegation that MS
Galati's home-market sales were made at prices below the cost of
production and requested that the Department initiate a cost
investigation of MS Galati's home-market sales of the foreign like
product. Upon review of Nucor's allegation, we found reasonable grounds
to believe or suspect that MS Galati made sales at below the cost of
production so we initiated a sales-below-cost investigation on August
3, 2006, and instructed MS Galati to provide cost-of-production
information concerning its sales.
MS Galati provided cost-of-production information in response to
our request. Because home-market sales during the 2003-2004 period were
the only candidates for use as normal value due to the date of sale
reported for U.S. sales (see discussion under ``Date of Sale''), we
have conducted the cost-of-production test using the 2003-2004 home-
market sales.
[[Page 62084]]
In accordance with section 773(b)(3) of the Act, we calculated a
weighted-average cost of production based on the sum of the cost of
materials and fabrication for the foreign like product plus amounts for
home-market general and administrative (G&A) expenses, interest
expenses, and packing expenses. We relied on the cost-of-production
data MS Galati submitted in its questionnaire responses.
On a model-specific basis, we compared the cost of production to
the home-market prices, less any applicable movement charges and direct
and indirect selling expenses.
We disregarded below-cost sales where 20 percent or more of MS
Galati's sales of a given product were made at prices below the cost of
production and, thus, such sales were made within an extended period of
time in substantial quantities in accordance with sections 773(b)(2)(B)
and (c) of the Act and where, based on comparisons of the price to the
weighted-average cost of production, we determined that the below-cost
sales of the product were at prices which would not permit recovery of
all costs within a reasonable time period, in accordance with section
773(b)(2)(D) of the Act.
C. Arm's-Length Test
MS Galati reported that it made sales in the home market to
affiliated and unaffiliated customers. The Department did not require
MS Galati to report downstream sales by its affiliated party because
these sales represented less than five percent of total home-market
sales. We excluded sales to affiliated customers in the home market not
made in the ordinary course of trade from our analysis pursuant to
section 773(a)(1)(B)(i) of the Act. To determine whether sales to
affiliated customers were made in the ordinary course of trade, we
tested whether sales to each affiliated customer were made at arm's
length. As such, we compared the starting prices of sales to affiliated
and unaffiliated customers net of all billing adjustments, movement
charges, direct selling expenses, discounts, and packing. Where the
price to that affiliated party was, on average, within a range of 98 to
102 percent of the price of the same or comparable merchandise sold to
the unaffiliated parties at the same level of trade, we determined that
the sales made to the affiliated party were at arm's length, consistent
with Antidumping Proceedings: Affiliated Party Sales in the Ordinary
Course of Trade, 67 FR 69186 (November 15, 2002).
D. Price-to-Price Comparisons
We based normal value on the home-market sales to unaffiliated
purchasers and sales to affiliated customers that passed the arm's-
length test. We adjusted gross unit price for reported freight revenue.
We made adjustments for physical differences in the merchandise in
accordance with section 773(a)(6)(C)(ii) of the Act. We made
adjustments for movement expenses (i.e., inland freight from plant to
distribution warehouse and warehousing expenses) in accordance with
section 773(a)(6)(B) of the Act. We made circumstance-of-sale
adjustments for imputed credit, where appropriate, in accordance with
section 773(a)(6)(C)(iii) of the Act. In accordance with section
773(a)(6) of the Act, we deducted home-market packing costs and added
U.S. packing costs.
Level of Trade
In accordance with section 773(a)(1)(B)(i) of the Act, to the
extent practicable, we determine normal value based on sales in the
comparison market at the same level of trade as the CEP transaction.
See also 19 CFR 351.412. The normal-value level of trade is the level
of the starting-price sales in the comparison market or, when normal
value is based on constructed value, the level of the sales from which
we derive selling, general and administrative expenses and profits. For
CEP sales, the U.S. level of trade is the level of the constructed sale
from the exporter to the affiliated importer. See 19 CFR 351.412(c)(1).
To determine whether home-market sales are at a different level of
trade than CEP sales, we examined stages in the marketing process and
selling functions along the chain of distribution between the producer
and the unaffiliated customer. If the home-market sales are at a
different level of trade than CEP sales and the difference affects
price comparability, as manifested in a pattern of consistent price
differences between sales on which normal value is based and home-
market sales at the level of trade of the export transaction, we make a
level-of-trade adjustment under section 773(a)(7)(A) of the Act. For
CEP sales, if the normal-value level is more remote from the factory
than the CEP level and there is no basis for determining whether the
difference in levels between normal value and CEP affects price
comparability, we adjust normal value under section 773(a)(7)(B) of the
Act (the CEP offset). See Notice of Final Determination of Sales at
Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate from
South Africa, 62 FR 61731 - 61733 (November 19, 1997).
In this review, MS Galati reported that it sells to unaffiliated
distributors and end-users in Romania as well as to affiliated end-
users for consumption and affiliated distributors. In the United
States, MS Galati had sales to an affiliate, INA, that resold the
merchandise to unaffiliated customers.
MS Galati reported one level of trade in the home market with the
following three channels of distribution: (1) direct sales to
customers; (2) consignment sales; (3) sales through its affiliated
warehouse. Home-market sales were made to two classes of customers,
end-users and distributors. Along with MS Galati's home-market sales of
merchandise stored at its affiliated warehouse, MS Galati also had
sales to affiliated end-users for consumption. Based on our review of
evidence on the record, we find that home-market sales through the
three channels of distribution to both customer categories, whether
affiliated or not, were substantially similar with respect to selling
functions and stages of marketing. MS Galati performed the same selling
functions at the same level for sales to all home-market customers.
Accordingly, we preliminarily find that MS Galati had only one level of
trade for its home-market sales.
MS Galati reported one CEP level of trade with one channel of
distribution in the United States which consists of its U.S.
affiliate's direct sales to end-users and distributors of merchandise
shipped directly from Romania. As such, we preliminarily determine that
MS Galati made CEP sales to the United States through one channel of
distribution -- direct sales to end-users and distributors.
For CEP sales, we consider only the selling activities reflected in
the price after the deduction of expenses and CEP profit under section
772(d) of the Act. Accordingly, we reviewed the selling functions and
services MS Galati reported it performed on CEP sales and we have
determined that the selling functions performed on all CEP sales were
identical. Therefore, we preliminarily determine that there is one CEP
level of trade in the U.S. market.
We then compared the selling functions performed by MS Galati on
its CEP sales (after deductions) to the selling functions it provided
in the home market. We found that MS Galati performs more selling
functions for its home-market sales than those it provides to its U.S.
affiliate, INA. MS Galati reported that it provided minimal selling
functions and services for the
[[Page 62085]]
CEP level of trade and that, therefore, the home-market level of trade
is more advanced than the CEP level of trade. Based on our analysis of
the channels of distribution and MS Galati's selling functions for
sales in the home market and CEP sales in the U.S. market, we
preliminarily find that the home-market level of trade is at a more
advanced stage of distribution when compared to CEP sales because MS
Galati provides many selling functions in the home market at a higher
level of service as compared to selling functions it performed for its
CEP sales.
We examined whether a level-of-trade adjustment or CEP offset may
be appropriate. In this case, MS Galati sold at one level of trade in
the home market. Therefore, there is no information available to
determine a pattern of consistent price differences between the sales
on which we base normal value and the home-market sales at the level of
trade of the export transaction, in accordance with our normal
methodology as described above. See 19 CFR 351.412(d). We do not have
record information which would allow us to examine pricing patterns
based on MS Galati's sales of other products, and there are no other
respondents or other record information on which such as analysis could
be based. Accordingly, because the data available do not provide an
appropriate basis for making a level-of-trade adjustment but the level
of trade in the home market is at a more advanced state of distribution
than the level of trade of the CEP transactions, we made a CEP-offset
adjustment to normal value in accordance with section 773(a)(7)(B) of
the Act and 19 CFR 351.412(f).
To calculate the CEP offset, we deducted the home-market indirect
selling expenses from normal value for home-market sales that we
compared to U.S. CEP sales. As such, we limited the deduction for home-
market indirect selling expenses by the amount of the indirect selling
expenses we deducted in calculating the CEP as required under section
772(d)(1)(D) of the Act.
Currency Conversion
We made currency conversions pursuant to 19 CFR 351.415 based on
the rates certified by the Federal Reserve Bank.
Preliminary Results of Review
We preliminarily determine that the weighted-average dumping margin
for MS Galati during the period November 1, 2004, through October 31,
2005, is 0.00 percent.
Pursuant to 19 CFR 351.224(b), the Department will disclose to
parties calculations performed in connection with these preliminary
results within five days of the date of publication of this notice. Any
interested party may request a hearing within 30 days of publication of
this notice. If requested, a hearing will be held at the main
Department building. We will notify parties of the exact date, time,
and place for any such hearing.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs. Case briefs from interested
parties may be filed no later than 30 days after publication of this
notice. Rebuttal briefs, limited to the issues raised in case briefs,
may be submitted no later than five days after the deadline for filing
case briefs. Parties who submit case or rebuttal briefs in this
proceeding are requested to submit with each argument a statement of
the issue and a brief summary of the argument with an electronic
version included.
The Department will publish a notice of final results of this
administrative review, which will include the results of its analysis
of issues raised in the case briefs, within 120 days from the date of
publication of these preliminary results.
Assessment Rate
The Department will determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. We intend to issue appropriate assessment instructions
directly to CBP within 15 days of publication of the final results of
review. In accordance with 19 CFR 351.212(b)(1), we have calculated an
importer-specific assessment rate of 0.00 percent. In our final results
we will direct CBP to liquidate the appropriate entries at this rate.
See 19 CFR 351.212(b)(1).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Notice of Policy Concerning Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003) (Assessment-Policy Notice). This
clarification will apply to entries of subject merchandise during the
period of review produced by MS Galati for which MS Galati did not know
that the merchandise it sold to an intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the 17.84 percent all-others rate if there is no rate for the
intermediary involved in the transaction. See the Assessment-Policy
Notice for a full discussion of this clarification.
Cash-Deposit Requirements
The following cash-deposit rates will be effective upon publication
of the final results of this review for all shipments of certain hot-
rolled carbon steel flat products from Romania entered, or withdrawn
from warehouse, for consumption on or after publication date, as
provided by section 751(a)(2)(C) of the Act: (1) for MS Galati, the
cash-deposit rate will be the rate established in the final results of
this review; (2) for previously reviewed or investigated companies not
covered in this review, 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, a prior review, or the
original antidumping duty investigation but the manufacturer is, the
cash-deposit rate will be the rate established in the most recent
period for the manufacturer of the merchandise; (4) if neither the
exporter nor the manufacturer is a firm covered in this or any previous
administrative review or in the original less-than-fair-value
investigation, the cash-deposit rate will be 17.84 percent, the ``All
Others'' rate made effective on June 14, 2005. See Certain Hot- Rolled
Carbon Steel Flat Products From Romania: Final Results of Antidumping
Duty Administrative Review, 70 FR 34448 (June 14, 2005).
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice is published in accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: October 16, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-17717 Filed 10-20-06; 8:45 am]
BILLING CODE 3510-DS-S