Correction to Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review: Stainless Steel Bar From Spain, 75503-75504 [E6-21438]

Download as PDF 75503 Federal Register / Vol. 71, No. 241 / Friday, December 15, 2006 / Notices This notice is published pursuant to sections 751(a)(2)(B)(iv) and 777(i)(1) of the Act. Dated: December 8, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–21442 Filed 12–14–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–827 Notice of Amended Final Results in Accordance With Court Decision: Antidumping Duty Administrative Review of Sebacic Acid from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 18, 2006, the United States Court of International Trade (‘‘CIT’’) affirmed the redetermination of the Department of Commerce (‘‘the Department’’) in the antidumping duty (‘‘AD’’) administrative review of sebacic acid from the People’s Republic of China (‘‘PRC’’). See Guangdong Chemicals Import and Export Corporation v. the United States, Court No. 05–00023; Slip–Op 06–142 (CIT 2006); see also Department’s Final Results of Redetermination Pursuant to Court Order: Guangdong Chemicals Import and Export Corporation v. United States (dated May 3, 2006). As there is now a final and conclusive court decision in this case, the Department is amending the final results of this administrative review. EFFECTIVE DATE: December 15, 2006. FOR FURTHER INFORMATION CONTACT: Jennifer Moats at (202) 482–5047, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: On December 16, 2004, the Department published in the Federal Register the final results of the 2002–2003 administrative review of the antidumping duty order on sebacic acid from the PRC. See Sebacic Acid From the People’s Republic of China: Final Results Antidumping Duty Administrative Review, 69 FR 75303 (‘‘Final Results’’). In that review, the Department relied on Monthly Statistics of the Foreign Trade of India (MSFTI) for the period of review (‘‘POR’’) to mstockstill on PROD1PC61 with NOTICES AGENCY: VerDate Aug<31>2005 15:47 Dec 14, 2006 Jkt 211001 value sebacic acid, a surrogate value used to allocate the respondent’s reported inputs between the production of the subject merchandise, sebacic acid, and non–subject merchandise. Additionally, in that review the Department deducted the by–product offset from normal value. The respondent in the 2002–2003 administrative review of the antidumping duty order on sebacic acid from the PRC filed a complaint with the CIT contesting both the surrogate value assigned to sebacic acid and the location of the deduction of the by–product offset in the Final Results. The Department filed a motion with the CIT for a voluntary remand with respect to the application of the by–product offset. On January 25, 2006, the CIT remanded this case to the Department to re– evaluate the surrogate value selected to value sebacic acid and granted the Department’s request for a voluntary remand with respect to the application of the by–product offset. On May 3, 2006, the Department issued its final results of remand redetermination on the surrogate value selected to value sebacic acid and its voluntary redetermination to further explain its application of the by–product offset. In its redetermination, the Department concluded that it was appropriate to value sebacic acid using MSFTI data after removing aberrational amounts (‘‘MSFTI data’’), rather than the Chemical Weekly ChemImpEx database (‘‘ChemImpEx’’) as suggested by the respondent. The Department reached this conclusion because, unlike the ChemImpEx data, the MSFTI data is official government data and had a greater variety of data points. On September 18, 2006, the CIT affirmed the Department’s remand redetermination. See Guangdong Chemicals Import & Export Corporation v. United States, Ct. No. 05–00023 Slip Op. 06–142 (September 18, 2006). Consistent with the decision of the United States Court of Appeals for the Federal Circuit in Timken Company v. United States and China National Machinery and Equipment Import and Export Corporation, 893 F. 2d 337 (Fed. Cir. 1990) (‘‘Timken’’), on October 4, 2006, the Department published a notice announcing that the CIT’s decision was not in harmony with the Department’s determination in the 2002–2003 administrative review of the antidumping duty order on sebacic acid from the PRC. No party appealed the CIT’s decision. Therefore, there is now a final and conclusive court decision in this case. PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 Amended Final Results of Review As the litigation in this case has concluded, the Department is amending the Final Results. The dumping margins in the amended final results of review are as follows: Exporter/Manufacturer Margin (percent) Guangdong Chemicals Import and Export Corporation ........... 19.82 The PRC–wide rate continues to be 243.40 percent. Assessment The Department intends to issue assessment instruction to U.S. Customs and Border Protection 15 days after the date of publication of these amended final results of review. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: December 8, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–21439 Filed 12–14–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–469–805] Correction to Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review: Stainless Steel Bar From Spain Import Administration, International Trade Administration, Department of Commerce DATES: Effective Date: December 15, 2006. AGENCY: FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0665 and (202) 482–1690, respectively. Correction On December 1, 2006, the Department of Commerce published a notice of extension of time limit for the preliminary results of the antidumping duty administrative review of the order on stainless steel bar from Spain for the period March 1, 2005, through February E:\FR\FM\15DEN1.SGM 15DEN1 75504 Federal Register / Vol. 71, No. 241 / Friday, December 15, 2006 / Notices 28, 2006. See Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review: Stainless Steel Bar from Spain, 71 FR 69550 (December 1, 2006) (Extension Notice). Subsequent to the publication of the Extension Notice in the Federal Register we identified an inadvertent error. The Extension Notice states incorrectly that we are extending the time period for issuing the preliminary results of this review to February 13, 2006. The Extension Notice is hereby corrected to read that we are extending the time period for issuing the preliminary results of this review to February 13, 2007. This correction is issued and published in accordance with section 777(i) of the Tariff Act of 1930, as amended. Dated: December 11, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6–21438 Filed 12–14–06; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration A–583–831 Stainless Steel Sheet and Strip in Coils From Taiwan; Final Results and Partial Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 9, 2006, the Department of Commerce (the Department) published in the Federal Register the preliminary results and partial rescission of the administrative review of the antidumping duty order on stainless steel sheet and strip in coils from Taiwan. This review covers 15 manufacturers/exporters. The period of review (POR) is July 1, 2004, through June 30, 2005. We provided interested parties with an opportunity to comment on the preliminary results of review. After analyzing the comments received, we corrected one programming error in the margin calculation for one respondent, Chia Far Industrial Factory Co., Ltd. (Chia Far). Therefore, the final results of review differ from the preliminary results of review. The final weighted– average dumping margins for the reviewed firms are listed below in the section entitled ‘‘Final Results of Review.’’ mstockstill on PROD1PC61 with NOTICES VerDate Aug<31>2005 15:47 Dec 14, 2006 Jkt 211001 December 15, 2006. FOR FURTHER INFORMATION CONTACT: Melissa Blackledge or Howard Smith, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–3518 or (202) 482– 5193, respectively. SUPPLEMENTARY INFORMATION: Background The following events occurred after the Department published the preliminary results of the instant administrative review in the Federal Register. See Stainless Steel Sheet and Strip in Coils from Taiwan: Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review, 71 FR 45521 (August 9, 2006) (Preliminary Results). In response to the Department’s invitation to comment on the Preliminary Results, the petitioners1 and Chia Far filed case briefs on September 8, 2006. Chia Far and petitioners filed rebuttal briefs on September 15, 2006. Period of Review The POR is July 1, 2004, through June 30, 2005. DEPARTMENT OF COMMERCE AGENCY: EFFECTIVE DATE: Scope of the Order The products covered by the order are certain stainless steel sheet and strip in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat–rolled product in coils that is greater than 9.5 mm in width and less than 4.75 mm in thickness, and that is annealed or otherwise heat treated and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold–rolled, polished, aluminized, coated, etc.) provided that it maintains the specific dimensions of sheet and strip following such processing. The merchandise subject to the order is classified in the Harmonized Tariff Schedule of the United States (HTS) at subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.812, 7219.14.0030, 1 The petitioners are Allegheny Ludlum Corporation, United Auto Workers Local 3303 (formerly Butler Armco Independent Union), North American Stainless (except as to Ta Chen and its affiliates), United Steelworkers of America, AFLCIO/CLC, and Zanesville Armco Independent Organization (collectively, ‘‘petitioners’’). 2 Due to changes to the HTS numbers in 2001, 7219.13.0030, 7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031, 7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise under the order is dispositive. Excluded from the scope of the order are the following: (1) sheet and strip that is not annealed or otherwise heat treated and pickled or otherwise descaled, (2) sheet and strip that is cut to length, (3) plate (i.e., flat–rolled stainless steel products of a thickness of 4.75 mm or more), (4) flat wire (i.e., cold–rolled sections, with a prepared edge, rectangular in shape, of a width of not more than 9.5 mm), and (5) razor blade steel. Razor blade steel is a flat–rolled product of stainless steel, not further worked than cold–rolled (cold– reduced), in coils, of a width of not more than 23 mm and a thickness of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent chromium, and certified at the time of entry to be used in the manufacture of razor blades. See Chapter 72 of the HTS, ‘‘Additional U.S. Note’’ 1(d). In response to comments by interested parties, the Department has determined that certain specialty stainless steel products are also excluded from the scope of the order. These excluded products are described below. Flapper valve steel is defined as stainless steel strip in coils containing, by weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35 percent molybdenum, and between 0.20 and 0.80 percent manganese. This steel also contains, by weight, phosphorus of 0.025 percent or less, silicon of between E:\FR\FM\15DEN1.SGM 15DEN1

Agencies

[Federal Register Volume 71, Number 241 (Friday, December 15, 2006)]
[Notices]
[Pages 75503-75504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21438]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-805]


Correction to Notice of Extension of Time Limit for Preliminary 
Results of Antidumping Duty Administrative Review: Stainless Steel Bar 
From Spain

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce

DATES: Effective Date: December 15, 2006.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0665 and (202) 482-1690, respectively.

Correction

    On December 1, 2006, the Department of Commerce published a notice 
of extension of time limit for the preliminary results of the 
antidumping duty administrative review of the order on stainless steel 
bar from Spain for the period March 1, 2005, through February

[[Page 75504]]

28, 2006. See Notice of Extension of Time Limit for Preliminary Results 
of Antidumping Duty Administrative Review: Stainless Steel Bar from 
Spain, 71 FR 69550 (December 1, 2006) (Extension Notice). Subsequent to 
the publication of the Extension Notice in the Federal Register we 
identified an inadvertent error.
    The Extension Notice states incorrectly that we are extending the 
time period for issuing the preliminary results of this review to 
February 13, 2006. The Extension Notice is hereby corrected to read 
that we are extending the time period for issuing the preliminary 
results of this review to February 13, 2007.
    This correction is issued and published in accordance with section 
777(i) of the Tariff Act of 1930, as amended.

    Dated: December 11, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
 [FR Doc. E6-21438 Filed 12-14-06; 8:45 am]
BILLING CODE 3510-DS-P

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