Steel Concrete Reinforcing Bars from The Republic of Korea: Notice of Rescission of Antidumping Duty Administrative Review, 9515-9516 [E7-3700]

Download as PDF 9515 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices during the POR. See Memorandum to the File from Angelica L. Mendoza, through Stephen Bailey, Acting Program Manager, Office 7, Duferco Coating SA and Sorral SA (collectively Duferco Sorral) - No Shipments of Certain Corrosion–Resistant Carbon Steel Flat Products from France Per CBP Inquiry, dated December 27, 2006. On January 19, 2007, U.S. Steel submitted a letter withdrawing its request for an administrative review of shipments or entries of CORE from France exported by Duferco Sorral. See Letter from Skadden, Arps, Slate, Meagher & Flom, LLP, dated January 19, 2007. pwalker on PROD1PC71 with NOTICES Rescission of Antidumping Duty Administrative Review 19 C.F.R. § 351.213(d)(1) provides that the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the date of publication of the notice of initiation of the requested review, or withdraws at a later date if the Department determines it is reasonable to extend the time limit for withdrawing the request. U.S. Steel’s request is past the 90-day time limit; however, we find that it is reasonable to extend the deadline. In response to U.S. Steel’s withdrawal of its request for an administrative review as well as the fact that Duferco Sorral had no shipments of subject merchandise during the POR pursuant to 19 C.F.R. § 351.213(d)(3), the Department hereby rescinds the administrative review of the antidumping duty order on CORE from France for the period August 1, 2005, through July 31, 2006. The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of the publication of this notice. The Department will direct CBP to assess antidumping duties for Duferco Sorral at the cash deposit rate in effect on the date of entry for entries during the period August 1, 2005, through July 31, 2006. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 C.F.R. § 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s assumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative VerDate Aug<31>2005 18:44 Mar 01, 2007 Jkt 211001 protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 C.F.R. § 351.305(a)(3). 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 the terms of an APO is a sanctionable violation. This notice is published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 C.F.R. § 351.213(d)(4). Dated: February 23, 2007. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E7–3698 Filed 3–1–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–549–817) Certain Hot–Rolled Carbon Steel Flat Products from Thailand: Extension of Time Limit for the Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 2, 2007 FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Dena Crossland, AD/ CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–0193 or (202) 482– 3362, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 8, 2006, the Department of Commerce (‘‘the Department’’) published the preliminary results of the administrative review of the antidumping duty order on certain hot– rolled carbon steel flat products (‘‘hot– rolled steel’’) from Thailand covering the period November 1, 2004, through October 31, 2005. See Certain Hot– Rolled Carbon Steel Flat Products From Thailand; Preliminary Results of Antidumping Duty Administrative Review and Rescission in Part, 71 FR 65458 (November 8, 2006). The final results for the antidumping duty administrative review of hot–rolled steel from Thailand are currently due no later than March 8, 2007. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Extension of Time Limits for Final Results of Review Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to issue the final results within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within that time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit of the final results to 180 days from the date of publication of the preliminary results. Due to the complexity of the affiliation issue present in this administrative review, as well as the demands of other proceedings handled by the office administering this review, the Department has determined that it is not practicable to complete this review within the original time period. Accordingly, the Department is extending the time for completion of the final results to 180 days from the publication date of the preliminary results, until no later than May 7, 2007, in accordance with section 751(a)(3)(A) of the Act. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 23, 2007. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E7–3699 Filed 3–1–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–580–844) Steel Concrete Reinforcing Bars from The Republic of Korea: Notice of Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. AGENCY: EFFECTIVE DATE: March 2, 2007. FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Katherine Johnson, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1280 or (202) 482–4929, respectively. SUPPLEMENTARY INFORMATION: E:\FR\FM\02MRN1.SGM 02MRN1 9516 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices pwalker on PROD1PC71 with NOTICES Background On September 1, 2006, the Department of Commerce (the Department) published in the Federal Register a notice of ‘‘Opportunity To Request Administrative Review’’ of the antidumping duty order on steel concrete reinforcing bars from the Republic of Korea for the period September 1, 2005, through August 31, 2006. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 71 FR 52061 (September 1, 2006). On September 29, 2006, the Rebar Trade Action Coalition and its individual members1 (the petitioners) requested a review of the antidumping duty order on steel concrete reinforcing bars from the Republic of Korea produced or exported by Dongkuk Steel Mill Co., Ltd. (DSM), Korea Iron and Steel Co., Ltd. (KISCO), and Hwanyoung Steel Industries Co., Ltd. (HSI) (collectively referred to as the respondents). On October 31, 2006, the Department published a notice of initiation of an administrative review with respect to these companies. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, 71 FR 63752 (October 31, 2006). On November 14, 2006, the Department received letters from each of the respondents stating that neither they nor any company deemed affiliated with them in the Department’s past determinations in this proceeding: 1) exported any subject merchandise to the United States; 2) made any sales of subject merchandise to customers in the United States; or, 3) had any entries of subject merchandise for consumption by customers in the United States during the period of review (i.e., September 1, 2005, through August 31, 2006) (POR). In order to substantiate the respondents’ statements, we conducted a query of the U.S. Customs and Border Protection’s (CBP) database and found no entries of subject merchandise during the POR. On December 18, 2006, based on our findings, we notified parties of our intent to rescind the review and provided them the opportunity to submit comments (see December 18, 2006, memorandum to the file titled Intent to Rescind in the Antidumping Duty Administrative Review on Steel Concrete Reinforcing Bars from the Republic of Korea) (December 18, 2006, memo). On January 5, 2007, the petitioners filed comments. 1 Nucor Corporation, Gerdau Ameristeel Corporation, and Commercial Metals Company. VerDate Aug<31>2005 19:22 Mar 01, 2007 Jkt 211001 The petitioners argue that, prior to rescinding this review, the Department should ensure that during the POR, DSM’s U.S. affiliate, Dongkuk International Inc., did not sell subject merchandise produced by Korean manufacturers other than DSM, and did not sell from inventory subject merchandise that entered during a previous POR. Regarding the petitioners’ argument, as stated above, we conducted a query of the CBP database in order to substantiate the respondents’ statements that neither they nor their affiliates made exports, sales or entries of subject merchandise during the POR, which is our standard practice for confirming a respondent’s ‘‘no–shipments’’ claims. Furthermore, the Department’s practice, supported by substantial precedent, requires that there be entries during the POR upon which to assess antidumping duties. See e.g., Granular Polytetrafluoroethylene Resin from Japan: Notice of Rescission of Antidumping Duty Administrative Review, 70 FR 44088 (August 1, 2005). The results of our query indicate that there were no entries of subject merchandise during the POR. Therefore, absent evidence to the contrary on the record of this review, we have no reason to call into question the statements made by DSM or the other respondents. Rescission of Review In accordance with 19 CFR 351.213(d)(3), the Department may rescind an administrative review, in whole or with respect to a particular exporter or producer, if the Department concludes that, during the period covered by the review, there were no entries, exports, or sales of the subject merchandise. Because we found no evidence of entries of subject merchandise and because we have no reason to question the respondents’ statement that they nor any company deemed affiliated with them in past segments of this proceeding had sales, exports or entries of subject merchandise during the POR, we are rescinding this review pursuant to 19 CFR 351.213(d)(3). See, e.g., Steel Concrete Reinforcing Bars From Turkey; Final Results, Rescission of Antidumping Duty Administrative Review in Part, and Determination not to Revoke in Part, 68 FR 53127 (September 9, 2003) (after finding no evidence of entries of subject merchandise from two companies that made ‘‘no–shipments’’ claims, the Department stated that ‘‘consistent with our practice, we are rescinding our review for Diler and Ekinciler’’). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Although the respondents did not have any sales or exports of subject merchandise to the United States during the POR, their subject merchandise may have entered the United States during the POR under their CBP antidumping case number by way of intermediaries (without their knowledge). After 15 days of publication of this notice, the Department will instruct CBP to liquidate such entries at the ‘‘All– Others’’ rate in effect on the date of the entry. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This notice serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR Sec. 351.305(a)(3). 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 sanctionable violation. This notice is published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: February 26, 2007. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E7–3700 Filed 3–1–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 022607A] General Advisory Committee to the U.S. Section to the Inter-American Tropical Tuna Commission (IATTC); Meeting Announcement National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: SUMMARY: NMFS announces the meeting of the General Advisory Committee to the U.S. Section to the IATTC on May 30, 2007. DATES: The meeting of the General Advisory Committee will be held on May 30, 2007, from 9 a.m. to 5 p.m. (or until business is concluded), Pacific Time.ADDRESS: The meeting will be held at NMFS, Southwest Regional E:\FR\FM\02MRN1.SGM 02MRN1

Agencies

[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Notices]
[Pages 9515-9516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3700]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-580-844)


Steel Concrete Reinforcing Bars from The Republic of Korea: 
Notice of Rescission of Antidumping Duty Administrative Review

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

EFFECTIVE DATE: March 2, 2007.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Katherine 
Johnson, AD/CVD Operations, Office 2, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-1280 or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 9516]]

Background

    On September 1, 2006, the Department of Commerce (the Department) 
published in the Federal Register a notice of ``Opportunity To Request 
Administrative Review'' of the antidumping duty order on steel concrete 
reinforcing bars from the Republic of Korea for the period September 1, 
2005, through August 31, 2006. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 71 FR 52061 (September 1, 2006). On September 
29, 2006, the Rebar Trade Action Coalition and its individual 
members\1\ (the petitioners) requested a review of the antidumping duty 
order on steel concrete reinforcing bars from the Republic of Korea 
produced or exported by Dongkuk Steel Mill Co., Ltd. (DSM), Korea Iron 
and Steel Co., Ltd. (KISCO), and Hwanyoung Steel Industries Co., Ltd. 
(HSI) (collectively referred to as the respondents). On October 31, 
2006, the Department published a notice of initiation of an 
administrative review with respect to these companies. See Notice of 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 71 FR 63752 (October 31, 2006).
---------------------------------------------------------------------------

    \1\ Nucor Corporation, Gerdau Ameristeel Corporation, and 
Commercial Metals Company.
---------------------------------------------------------------------------

    On November 14, 2006, the Department received letters from each of 
the respondents stating that neither they nor any company deemed 
affiliated with them in the Department's past determinations in this 
proceeding: 1) exported any subject merchandise to the United States; 
2) made any sales of subject merchandise to customers in the United 
States; or, 3) had any entries of subject merchandise for consumption 
by customers in the United States during the period of review (i.e., 
September 1, 2005, through August 31, 2006) (POR). In order to 
substantiate the respondents' statements, we conducted a query of the 
U.S. Customs and Border Protection's (CBP) database and found no 
entries of subject merchandise during the POR. On December 18, 2006, 
based on our findings, we notified parties of our intent to rescind the 
review and provided them the opportunity to submit comments (see 
December 18, 2006, memorandum to the file titled Intent to Rescind in 
the Antidumping Duty Administrative Review on Steel Concrete 
Reinforcing Bars from the Republic of Korea) (December 18, 2006, memo). 
On January 5, 2007, the petitioners filed comments.
    The petitioners argue that, prior to rescinding this review, the 
Department should ensure that during the POR, DSM's U.S. affiliate, 
Dongkuk International Inc., did not sell subject merchandise produced 
by Korean manufacturers other than DSM, and did not sell from inventory 
subject merchandise that entered during a previous POR.
    Regarding the petitioners' argument, as stated above, we conducted 
a query of the CBP database in order to substantiate the respondents' 
statements that neither they nor their affiliates made exports, sales 
or entries of subject merchandise during the POR, which is our standard 
practice for confirming a respondent's ``no-shipments'' claims. 
Furthermore, the Department's practice, supported by substantial 
precedent, requires that there be entries during the POR upon which to 
assess antidumping duties. See e.g., Granular Polytetrafluoroethylene 
Resin from Japan: Notice of Rescission of Antidumping Duty 
Administrative Review, 70 FR 44088 (August 1, 2005). The results of our 
query indicate that there were no entries of subject merchandise during 
the POR. Therefore, absent evidence to the contrary on the record of 
this review, we have no reason to call into question the statements 
made by DSM or the other respondents.

Rescission of Review

    In accordance with 19 CFR 351.213(d)(3), the Department may rescind 
an administrative review, in whole or with respect to a particular 
exporter or producer, if the Department concludes that, during the 
period covered by the review, there were no entries, exports, or sales 
of the subject merchandise. Because we found no evidence of entries of 
subject merchandise and because we have no reason to question the 
respondents' statement that they nor any company deemed affiliated with 
them in past segments of this proceeding had sales, exports or entries 
of subject merchandise during the POR, we are rescinding this review 
pursuant to 19 CFR 351.213(d)(3). See, e.g., Steel Concrete Reinforcing 
Bars From Turkey; Final Results, Rescission of Antidumping Duty 
Administrative Review in Part, and Determination not to Revoke in Part, 
68 FR 53127 (September 9, 2003) (after finding no evidence of entries 
of subject merchandise from two companies that made ``no-shipments'' 
claims, the Department stated that ``consistent with our practice, we 
are rescinding our review for Diler and Ekinciler'').
    Although the respondents did not have any sales or exports of 
subject merchandise to the United States during the POR, their subject 
merchandise may have entered the United States during the POR under 
their CBP antidumping case number by way of intermediaries (without 
their knowledge). After 15 days of publication of this notice, the 
Department will instruct CBP to liquidate such entries at the ``All-
Others'' rate in effect on the date of the entry. See Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003).
    This notice serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR Sec. 351.305(a)(3). 
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 sanctionable 
violation.
    This notice is published in accordance with sections 751(a)(1) and 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: February 26, 2007.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E7-3700 Filed 3-1-07; 8:45 am]
BILLING CODE 3510-DS-S