Certain Corrosion-Resistant Carbon Steel Flat Products from Canada: Final Results of Antidumping Duty Administrative Review, 12758-12759 [E7-4942]

Download as PDF 12758 Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–122–822] Certain Corrosion–Resistant Carbon Steel Flat Products from Canada: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 11, 2006, the Department of Commerce (the Department) published the preliminary results of its administrative review of the antidumping duty order on certain corrosion–resistant carbon steel flat products (CORE) from Canada. See Certain Corrosion–Resistant Carbon Steel Flat Products from Canada: Preliminary Results of Antidumping Duty Administrative Review, 71 FR 53363 (September 11, 2006) (Preliminary Results). The review covers shipments of this merchandise to the United States for the period August 1, 2004 through July 31, 2005, made by Dofasco Inc., Sorevco Inc. (Sorevco), and Do Sol Galva Ltd. (collectively Dofasco), and by Stelco Inc. We gave interested parties an opportunity to comment on our Preliminary Results. Based on our analysis of comments, we have made changes in the margin calculations. Therefore, the final results differ from the preliminary results. For the final dumping margins, see the ‘‘Final Results of Review’’ section below. EFFECTIVE DATE: March 19, 2007. FOR FURTHER INFORMATION CONTACT: Douglas Kirby or Joshua Reitze, AD/ CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3782 or (202) 482– 0666, respectively. SUPPLEMENTARY INFORMATION: AGENCY: ycherry on PROD1PC64 with NOTICES Background On September 11, 2006, the Department published its preliminary results in the antidumping duty administrative review of CORE from Canada. See Preliminary Results. The period of review (POR) is August 1, 2004 through July 31, 2005. This review covers the following Canadian producers of subject merchandise: Dofasco Inc., Sorevco Inc., and Do Sol Galva Ltd., which have been collapsed into a single entity (collectively, Dofasco) for purposes of calculating a dumping margin, and Stelco Inc. VerDate Aug<31>2005 15:50 Mar 16, 2007 Jkt 211001 (Stelco). See the ‘‘Affiliation and Collapsing’’ section of the Preliminary Results, 71 FR at 53365. The petitioner is U.S. Steel Corporation (petitioner). We gave interested parties an opportunity to comment on our Preliminary Results. Petitioner submitted case briefs for Dofasco and Stelco on October 11, 2006. Dofasco submitted a rebuttal brief on October 16, 2006. None of the parties requested a hearing. Scope of the Antidumping Duty Order The product covered by this antidumping duty order is certain corrosion–resistant steel, and includes flat–rolled carbon steel products, of rectangular shape, either clad, plated, or coated with corrosion–resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron–based alloys, whether or not corrugated or painted, varnished or coated with plastics or other nonmetallic substances in addition to the metallic coating, in coils (whether or not in successively superimposed layers) and of a width of 0.5 inch or greater, or in straight lengths which, if of a thickness less than 4.75 millimeters, are of a width of 0.5 inch or greater and which measures at least 10 times the thickness or if of a thickness of 4.75 millimeters or more are of a width which exceeds 150 millimeters and measures at least twice the thickness, as currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, and 7217.90.5090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Included in this order are corrosion– resistant flat–rolled products of nonrectangular cross-section where such cross-section is achieved subsequent to the rolling process (i.e., products which have been ‘‘worked after rolling’’) -- for example, products which have been beveled or rounded at the edges. Excluded from this order are flat–rolled steel products either plated or coated PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 with tin, lead, chromium, chromium oxides, both tin and lead (‘‘terne plate’’), or both chromium and chromium oxides (‘‘tin–free steel’’), whether or not painted, varnished or coated with plastics or other nonmetallic substances in addition to the metallic coating. Also excluded from this order are clad products in straight lengths of 0.1875 inch or more in composite thickness and of a width which exceeds 150 millimeters and measures at least twice the thickness. Also excluded from this order are certain clad stainless flatrolled products, which are three– layered corrosion–resistant carbon steel flat–rolled products less than 4.75 millimeters in composite thickness that consist of a carbon steel flat–rolled product clad on both sides with stainless steel in a 20%-60%-20% ratio. Analysis of Comments Received The issues raised in the case and rebuttal briefs submitted by parties to this administrative review are addressed in the Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Certain Corrosion–Resistant Carbon Steel Flat Products from Canada, from Stephen J. Claeys to David M. Spooner, dated March 12, 2007 (Issues and Decision Memorandum), which is hereby adopted by this notice. The Issues and Decisions Memorandum is on file in the Central Records Unit (CRU), room B– 099 of the Department of Commerce main building and can be accessed directly at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues and Decisions Memorandum are identical in content. A list of the issues addressed in the Issues and Decisions Memorandum is appended to this notice. Changes Since the Preliminary Results Based on our analysis of comments received, we have made minor adjustments in the methodology that was used in the Preliminary Results and corrected certain calculation errors. The adjustments are discussed in detail in the Issues and Decisions Memorandum. Final Results of Review As a result of this review, we determine that the following weighted– average dumping margins exist for the period August 1, 2004 through July 31, 2005: Manufacturer/Exporter Dofasco Inc., Sorevco, Inc., Do Sol Galva Ltd. ............................ E:\FR\FM\19MRN1.SGM 19MRN1 Weighted Average Margin 5.25 percent Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Notices Manufacturer/Exporter Weighted Average Margin Stelco Inc. ..................... 1.51 percent Assessment The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(1)(B) of the Act, and 19 CFR 351.212(b). The Department calculated importer- specific duty assessment rates (or, when the importer was unknown by the respondent, customer–specific duty assessment rates) on the basis of the ratio of the total amount of antidumping duties calculated for the examined sales observations involving each importer to the total entered value of the examined sales observations for that importer. Pursuant to 19 CFR 356.8(a), the Department intends to issue assessment instructions to CBP 41 days after the date of publication of these final results of review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which the reviewed companies did not know their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the ‘‘All Others’’ rate if there is no rate for the intermediate company(ies) involved in the transaction. For a discussion of this clarification, see Notice of Policy Concerning Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). ycherry on PROD1PC64 with NOTICES Cash Deposits Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the Department revoked this order and notified U.S. Customs and Border Protection to discontinue suspension of liquidation and collection of cash deposits on entries of the subject merchandise entered or withdrawn from warehouse on or after December 15, 2005, the effective date of revocation of this AD order. See Revocation Pursuant to Second Five-year (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders: Certain Corrosion– Resistant Carbon Steel Flat Products from Australia, Canada, Japan, and France, 72 FR 7010 (February 14, 2007). Certificate on Reimbursement This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate VerDate Aug<31>2005 15:50 Mar 16, 2007 Jkt 211001 12759 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 presumption that reimbursement of antidumping duties occurred, and in the subsequent assessment of double antidumping duties. DEPARTMENT OF COMMERCE Notification Regarding Administrative Protective Orders. Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 19, 2007. FOR FURTHER INFORMATION CONTACT: Thomas Martin or Mark Manning; AD/ CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., N.W., Washington, DC 20230; telephone: (202) 482–3936 or (202) 482– 5253, respectively. SUMMARY: On March 10, 2007, the appeals period expired with respect to a decision of the United States Court of International Trade (‘‘CIT’’), which had sustained the final results in part, and the remand determination in part, of the Department of Commerce (‘‘the Department’’) in the administrative review of the antidumping duty orders on heavy forged hand tools (‘‘HFHTs’’) from the People’s Republic of China (‘‘PRC’’), covering the period February 1, 2001, through January 31, 2002. See Shandong Huarong Machinery Co. v. United States and Ames True Temper, Slip Op. 07–3 (Ct. Int’l Trade 2007) (‘‘Shandong Huarong II’’). As there is now a final court decision, we are amending the final results of the review in this matter. We will instruct U.S. Customs and Border Protection (‘‘CBP’’) to liquidate entries subject to these amended final results. SUPPLEMENTARY INFORMATION: This notice is the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305. Timely written notification of the return or 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. We are issuing and publishing these results and this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930. Dated: March 12, 2007. David M. Spooner, Assistant Secretaryfor Import Administration. Appendix List of Issues 1. Treatment of Dofasco’s bad debt allowance 2. Application of the major input rule to Dofasco’s purchase of iron ore fluxed pellets from Quebec Cartier Mining (QCM) 3. Treatment of Dofasco’s indirect selling expenses incurred in Canada 4. Treatment of Dofasco’s inventory carrying costs incurred in Canada 5. Application of the arm’s length test 6. Treatment of Dofasco’s home market indirect selling expenses in the calculation of the net price used in the sales below cost test 7. Calculation of credit expense for certain of Stelco’s U.S. sales [FR Doc. E7–4942 Filed 3–16–07; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 International Trade Administration [A–570–803] Notice of Amended Final Results in Accordance With Court Decision: Heavy Forged Hand Tools from the People’s Republic of China AGENCY: Background On September 10, 2003, the Department published in the Federal Register the final results of review for the eleventh review of HFHTs from the PRC. See Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles, From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review of the Order on Bars and Wedges, 68 FR 53347 (September 10, 2003) (‘‘Final Results’’). The period of review (‘‘POR’’) was February 1, 2001, through January 31, 2002. Shandong Huarong Machinery Co. (‘‘Huarong’’) filed a summons on September 18, 2003, and filed a complaint on September 25, 2003, challenging the Department’s Final E:\FR\FM\19MRN1.SGM 19MRN1

Agencies

[Federal Register Volume 72, Number 52 (Monday, March 19, 2007)]
[Notices]
[Pages 12758-12759]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4942]



[[Page 12758]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-822]


Certain Corrosion-Resistant Carbon Steel Flat Products from 
Canada: Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 11, 2006, the Department of Commerce (the 
Department) published the preliminary results of its administrative 
review of the antidumping duty order on certain corrosion-resistant 
carbon steel flat products (CORE) from Canada. See Certain Corrosion-
Resistant Carbon Steel Flat Products from Canada: Preliminary Results 
of Antidumping Duty Administrative Review, 71 FR 53363 (September 11, 
2006) (Preliminary Results). The review covers shipments of this 
merchandise to the United States for the period August 1, 2004 through 
July 31, 2005, made by Dofasco Inc., Sorevco Inc. (Sorevco), and Do Sol 
Galva Ltd. (collectively Dofasco), and by Stelco Inc.
    We gave interested parties an opportunity to comment on our 
Preliminary Results. Based on our analysis of comments, we have made 
changes in the margin calculations. Therefore, the final results differ 
from the preliminary results. For the final dumping margins, see the 
``Final Results of Review'' section below.

EFFECTIVE DATE: March 19, 2007.

FOR FURTHER INFORMATION CONTACT: Douglas Kirby or Joshua Reitze, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3782 or (202) 482-0666, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 11, 2006, the Department published its preliminary 
results in the antidumping duty administrative review of CORE from 
Canada. See Preliminary Results. The period of review (POR) is August 
1, 2004 through July 31, 2005. This review covers the following 
Canadian producers of subject merchandise: Dofasco Inc., Sorevco Inc., 
and Do Sol Galva Ltd., which have been collapsed into a single entity 
(collectively, Dofasco) for purposes of calculating a dumping margin, 
and Stelco Inc. (Stelco). See the ``Affiliation and Collapsing'' 
section of the Preliminary Results, 71 FR at 53365. The petitioner is 
U.S. Steel Corporation (petitioner). We gave interested parties an 
opportunity to comment on our Preliminary Results. Petitioner submitted 
case briefs for Dofasco and Stelco on October 11, 2006. Dofasco 
submitted a rebuttal brief on October 16, 2006. None of the parties 
requested a hearing.

Scope of the Antidumping Duty Order

    The product covered by this antidumping duty order is certain 
corrosion-resistant steel, and includes flat-rolled carbon steel 
products, of rectangular shape, either clad, plated, or coated with 
corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, 
nickel- or iron-based alloys, whether or not corrugated or painted, 
varnished or coated with plastics or other nonmetallic substances in 
addition to the metallic coating, in coils (whether or not in 
successively superimposed layers) and of a width of 0.5 inch or 
greater, or in straight lengths which, if of a thickness less than 4.75 
millimeters, are of a width of 0.5 inch or greater and which measures 
at least 10 times the thickness or if of a thickness of 4.75 
millimeters or more are of a width which exceeds 150 millimeters and 
measures at least twice the thickness, as currently classifiable in the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 
7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 
7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 
7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000, 
7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 
7217.90.5030, 7217.90.5060, and 7217.90.5090. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise is dispositive.
    Included in this order are corrosion-resistant flat-rolled products 
of non- rectangular cross-section where such cross-section is achieved 
subsequent to the rolling process (i.e., products which have been 
``worked after rolling'') -- for example, products which have been 
beveled or rounded at the edges. Excluded from this order are flat-
rolled steel products either plated or coated with tin, lead, chromium, 
chromium oxides, both tin and lead (``terne plate''), or both chromium 
and chromium oxides (``tin-free steel''), whether or not painted, 
varnished or coated with plastics or other nonmetallic substances in 
addition to the metallic coating. Also excluded from this order are 
clad products in straight lengths of 0.1875 inch or more in composite 
thickness and of a width which exceeds 150 millimeters and measures at 
least twice the thickness. Also excluded from this order are certain 
clad stainless flat- rolled products, which are three-layered 
corrosion-resistant carbon steel flat-rolled products less than 4.75 
millimeters in composite thickness that consist of a carbon steel flat-
rolled product clad on both sides with stainless steel in a 20%-60%-20% 
ratio.

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs submitted by 
parties to this administrative review are addressed in the Issues and 
Decision Memorandum for the Final Results of the Administrative Review 
of the Antidumping Duty Order on Certain Corrosion-Resistant Carbon 
Steel Flat Products from Canada, from Stephen J. Claeys to David M. 
Spooner, dated March 12, 2007 (Issues and Decision Memorandum), which 
is hereby adopted by this notice. The Issues and Decisions Memorandum 
is on file in the Central Records Unit (CRU), room B-099 of the 
Department of Commerce main building and can be accessed directly at 
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Issues and Decisions Memorandum are identical in content. A list of the 
issues addressed in the Issues and Decisions Memorandum is appended to 
this notice.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made minor 
adjustments in the methodology that was used in the Preliminary Results 
and corrected certain calculation errors. The adjustments are discussed 
in detail in the Issues and Decisions Memorandum.

Final Results of Review

    As a result of this review, we determine that the following 
weighted-average dumping margins exist for the period August 1, 2004 
through July 31, 2005:

------------------------------------------------------------------------
                                                       Weighted Average
                Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
Dofasco Inc., Sorevco, Inc., Do Sol Galva Ltd.......        5.25 percent

[[Page 12759]]

 
Stelco Inc..........................................        1.51 percent
------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to section 751(a)(1)(B) of the Act, and 19 CFR 
351.212(b). The Department calculated importer- specific duty 
assessment rates (or, when the importer was unknown by the respondent, 
customer-specific duty assessment rates) on the basis of the ratio of 
the total amount of antidumping duties calculated for the examined 
sales observations involving each importer to the total entered value 
of the examined sales observations for that importer. Pursuant to 19 
CFR 356.8(a), the Department intends to issue assessment instructions 
to CBP 41 days after the date of publication of these final results of 
review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
their merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
``All Others'' rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a discussion of this 
clarification, see Notice of Policy Concerning Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposits

    Pursuant to section 751(d)(2) of the Act and 19 CFR 
351.222(i)(2)(i), the Department revoked this order and notified U.S. 
Customs and Border Protection to discontinue suspension of liquidation 
and collection of cash deposits on entries of the subject merchandise 
entered or withdrawn from warehouse on or after December 15, 2005, the 
effective date of revocation of this AD order. See Revocation Pursuant 
to Second Five-year (``Sunset'') Reviews of Antidumping and 
Countervailing Duty Orders: Certain Corrosion-Resistant Carbon Steel 
Flat Products from Australia, Canada, Japan, and France, 72 FR 7010 
(February 14, 2007).

Certificate on Reimbursement

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 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 presumption that 
reimbursement of antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders.

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305. Timely 
written notification of the return or 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.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 
1930.

    Dated: March 12, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.

Appendix

List of Issues

1. Treatment of Dofasco's bad debt allowance
2. Application of the major input rule to Dofasco's purchase of iron 
ore fluxed pellets from Quebec Cartier Mining (QCM)
3. Treatment of Dofasco's indirect selling expenses incurred in Canada
4. Treatment of Dofasco's inventory carrying costs incurred in Canada
5. Application of the arm's length test
6. Treatment of Dofasco's home market indirect selling expenses in the 
calculation of the net price used in the sales below cost test
7. Calculation of credit expense for certain of Stelco's U.S. sales
[FR Doc. E7-4942 Filed 3-16-07; 8:45 am]
BILLING CODE 3510-DS-S