Stainless Steel Bar from India: Notice of Initiation of Antidumping Duty New Shipper Review, 15110-15111 [E7-5867]

Download as PDF 15110 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Notices accordance with section 773(a)(6)(A) and (B) of the Act. Currency Conversion We made currency conversions in accordance with section 773A(a) of the Act based on the exchange rates in effect on the dates of the U.S. sales as certified by the Federal Reserve Bank. Preliminary Results of Review As a result of this review, we preliminarily determine that the weighted–average dumping margin for the period March 1, 2005, through February 28, 2006, is as follows: Percent Margin Manufacturer/Exporter cprice-sewell on PROD1PC66 with NOTICES Enpar Special Alloys Ltd. (formerly Firth Rixson Special Steels Ltd.) .............................. 33.87 Disclosure and Public Hearing We will disclose the calculations used in our analysis to parties to this proceeding within five days of the publication date of this notice. See 19 CFR 351.224(b). Any interested party may request a hearing within 30 days of publication. See 19 CFR 351.310(c). Interested parties who wish to request a hearing or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, Room B–099, within 30 days of the date of publication of this notice. Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. See 19 CFR 351.310(c). Issues raised in the hearing will be limited to those raised in the respective case briefs. Pursuant to 19 CFR 351.309, interested parties may submit written comments in response to these preliminary results. Unless the time period is extended by the Department, case briefs are to be submitted within 30 days after the date of publication of this notice (see 19 CFR 351.309(c)), and rebuttal briefs, limited to arguments raised in case briefs, are to be submitted no later than five days after the time limit for filing case briefs. See 19 CFR 351.309(d). Parties who submit arguments in this proceeding are requested to submit with the argument: (1) a statement of the issues, and (2) a brief summary of the argument. Case and rebuttal briefs must be served on interested parties, in accordance with 19 CFR 351.303(f). The Department will issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not VerDate Aug<31>2005 17:22 Mar 29, 2007 Jkt 211001 later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212. The Department intends to issue assessment instructions for the companies subject to this review to CBP 15 days after the date of publication of the final results of this review. We will calculate importer–specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer–specific assessment rate calculated in the final results of this review is above de minimis (i.e., at or above 0.50 percent). Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the assessment rate is de minimis (i.e., less than 0.50 percent). See 19 CFR 351.106(c)(1). The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). This clarification will apply to entries of subject merchandise during the POR produced by any company included in the final results of review for which the reviewed company did not know that the merchandise it sold to the 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 ‘‘All Others’’ rate if there is no rate for the intermediary involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: 1) the cash deposit rate for the company listed above will be that established in the final results of this review, except if the rate is less than 0.50 percent, and therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 2) for previously reviewed or investigated companies not participating 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, or the original less–than-fair–value investigation (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and 4) the cash deposit rate for all other manufacturers or exporters will continue to be 4.48 percent, the ‘‘All Others’’ rate made effective by the LTFV investigation. These requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 the subsequent assessment of double antidumping duties. This administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221. Dated: March 22, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–5860 Filed 3–29–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–533–810] Stainless Steel Bar from India: Notice of Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. AGENCY: E:\FR\FM\30MRN1.SGM 30MRN1 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Notices SUMMARY: The Department of Commerce has received a request for a new shipper review of the antidumping duty order on stainless steel bar from India. In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR 351.214(d), we are initiating an antidumping duty new shipper review of Sunflag Iron & Steel Co. Ltd. EFFECTIVE DATE: March 30, 2007. FOR FURTHER INFORMATION CONTACT: Devta Ohri or Brandon Farlander, AD/ CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–3853 or (202) 482– 0182, respectively. SUPPLEMENTARY INFORMATION: cprice-sewell on PROD1PC66 with NOTICES Background On February 21, 1995, the Department of Commerce (‘‘Department’’) published in the Federal Register the antidumping duty order on stainless steel bar (‘‘SSB’’) from India. See Antidumping Duty Orders: Stainless Steel Bar form Brazil, India and Japan, 60 FR 9661 (February 21, 1995). On February 28, 2007, the Department received a timely request from Sunflag Iron & Steel Co. Ltd. (‘‘Sunflag’’), for a new shipper review of the antidumping duty order on SSB from India, in accordance with 19 CFR 351.214(c). Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214(b)(2)(i), Sunflag certified in its request that it did not export the subject merchandise to the United States during the period of investigation (‘‘POI’’). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Sunflag certified that it is not currently affiliated and never has been affiliated with any exporter or producer who exported the subject merchandise to the United States during the POI (July 1, 1993, through December 31, 1993), including those not individually examined during the investigation. Pursuant to 19 CFR 351.214(b)(2)(iv), Sunflag also submitted documentation establishing the date on which its stainless steel bar was first shipped for export to the United States, the volume of that shipment, and the date of the first sale to an unaffiliated customer in the United States. The Department conducted a query of the U.S. Customs and Border Protection (‘‘CBP’’) database to confirm that Sunflag’s shipment of subject merchandise had entered the United States for consumption and has been suspended for antidumping duties. The VerDate Aug<31>2005 17:22 Mar 29, 2007 Jkt 211001 Department also corroborated Sunflag’s assertion that it made no subsequent shipments to the United States by reviewing CBP data. Initiation of Review Cash Deposit Requirements On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was signed into law. Section 1632 of H.R. 4 temporarily suspends the authority of the Department to instruct U.S. Customs and Border Protection to collect a bond or other security in lieu of a cash deposit in new shipper reviews during the period April 1, 2006 through June 30, 2009. Therefore, the posting of a bond or other security under section 751(a)(2)(B)(iii) of the Act in lieu of a cash deposit is not available in this case. Importers of subject merchandise manufactured and exported by Sunflag must continue to pay a cash deposit of estimated antidumping duties on each entry of subject merchandise at the current all–others rate of 12.45 percent. See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Bar from India, 59 FR 66915 (December 28, 1994). Interested parties may submit applications for disclosure of business proprietary information under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and this notice are issued and published in accordance with section 751(a)(2)(B) of the Act and sections 351.214(d) and 351.221(c)(1)(i) of the Department’s regulations. Frm 00017 Fmt 4703 Dated: March 23, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–5867 Filed 3–29–07; 8:45 am] BILLING CODE 3510–DS–S In accordance with section 751(a)(2)(B) of the Act, and 19 CFR 351.214(d), we find that the request submitted by Sunflag meets the threshold requirements for initiation of a new shipper review. See Memorandum to the File from Devta Ohri, International Trade Compliance Analyst, through Susan Kuhbach, Senior Office Director, Office 1: New Shipper Review Initiation Checklist, dated March 23, 2007. Accordingly, we are initiating a new shipper review of the antidumping duty order on stainless steel bar from India. This review covers the period February 1, 2006 through January 31, 2007. We intend to issue the preliminary results of this review no later than 180 days after the date on which this review is initiated, and the final results within 90 days after the date on which we issue the preliminary results. See Section 751(a)(2)(B)(iv) of the Act. PO 00000 15111 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In–Quota Rate of Duty Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 30, 2007. FOR FURTHER INFORMATION CONTACT: Maura Jeffords, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230, telephone: (202) 482–3146. SUPPLEMENTARY INFORMATION: Section 702 of the Trade Agreements Act of 1979 (as amended) (‘‘the Act’’) requires the Department of Commerce (the ‘‘Department’’) to determine, in consultation with the Secretary of Agriculture, whether any foreign government is providing a subsidy with respect to any article of cheese subject to an in–quota rate of duty, as defined in section 702(h) of the Act, and to publish an annual list and quarterly updates of the type and amount of those subsidies. We hereby provide the Department’s annual list of subsidies on articles of cheese that were imported during the period October 1, 2005, through September 30, 2006. The Department has developed, in consultation with the Secretary of Agriculture, information on subsidies (as defined in section 702(h) of the Act) being provided either directly or indirectly by foreign governments on articles of cheese subject to an in–quota rate of duty. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. The Department will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the information is developed. The Department encourages any person having information on foreign government subsidy programs which benefit articles of cheese subject to an in–quota rate of duty to submit such information in writing to the Assistant AGENCY: E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Notices]
[Pages 15110-15111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5867]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-810]


Stainless Steel Bar from India: Notice of Initiation of 
Antidumping Duty New Shipper Review

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

[[Page 15111]]

SUMMARY: The Department of Commerce has received a request for a new 
shipper review of the antidumping duty order on stainless steel bar 
from India. In accordance with section 751(a)(2)(B) of the Tariff Act 
of 1930, as amended, and 19 CFR 351.214(d), we are initiating an 
antidumping duty new shipper review of Sunflag Iron & Steel Co. Ltd.

EFFECTIVE DATE: March 30, 2007.

FOR FURTHER INFORMATION CONTACT: Devta Ohri or Brandon Farlander, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3853 or (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 21, 1995, the Department of Commerce (``Department'') 
published in the Federal Register the antidumping duty order on 
stainless steel bar (``SSB'') from India. See Antidumping Duty Orders: 
Stainless Steel Bar form Brazil, India and Japan, 60 FR 9661 (February 
21, 1995).
    On February 28, 2007, the Department received a timely request from 
Sunflag Iron & Steel Co. Ltd. (``Sunflag''), for a new shipper review 
of the antidumping duty order on SSB from India, in accordance with 19 
CFR 351.214(c).
    Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930, 
as amended (``the Act''), and 19 CFR 351.214(b)(2)(i), Sunflag 
certified in its request that it did not export the subject merchandise 
to the United States during the period of investigation (``POI''). In 
addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Sunflag certified that it is not currently 
affiliated and never has been affiliated with any exporter or producer 
who exported the subject merchandise to the United States during the 
POI (July 1, 1993, through December 31, 1993), including those not 
individually examined during the investigation.
    Pursuant to 19 CFR 351.214(b)(2)(iv), Sunflag also submitted 
documentation establishing the date on which its stainless steel bar 
was first shipped for export to the United States, the volume of that 
shipment, and the date of the first sale to an unaffiliated customer in 
the United States.
    The Department conducted a query of the U.S. Customs and Border 
Protection (``CBP'') database to confirm that Sunflag's shipment of 
subject merchandise had entered the United States for consumption and 
has been suspended for antidumping duties. The Department also 
corroborated Sunflag's assertion that it made no subsequent shipments 
to the United States by reviewing CBP data.

Initiation of Review

    In accordance with section 751(a)(2)(B) of the Act, and 19 CFR 
351.214(d), we find that the request submitted by Sunflag meets the 
threshold requirements for initiation of a new shipper review. See 
Memorandum to the File from Devta Ohri, International Trade Compliance 
Analyst, through Susan Kuhbach, Senior Office Director, Office 1: New 
Shipper Review Initiation Checklist, dated March 23, 2007. Accordingly, 
we are initiating a new shipper review of the antidumping duty order on 
stainless steel bar from India.
    This review covers the period February 1, 2006 through January 31, 
2007. We intend to issue the preliminary results of this review no 
later than 180 days after the date on which this review is initiated, 
and the final results within 90 days after the date on which we issue 
the preliminary results. See Section 751(a)(2)(B)(iv) of the Act.

Cash Deposit Requirements

    On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was 
signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct U.S. Customs and Border 
Protection to collect a bond or other security in lieu of a cash 
deposit in new shipper reviews during the period April 1, 2006 through 
June 30, 2009. Therefore, the posting of a bond or other security under 
section 751(a)(2)(B)(iii) of the Act in lieu of a cash deposit is not 
available in this case. Importers of subject merchandise manufactured 
and exported by Sunflag must continue to pay a cash deposit of 
estimated antidumping duties on each entry of subject merchandise at 
the current all-others rate of 12.45 percent. See Notice of Final 
Determination of Sales at Less Than Fair Value: Stainless Steel Bar 
from India, 59 FR 66915 (December 28, 1994).
    Interested parties may submit applications for disclosure of 
business proprietary information under administrative protective order 
in accordance with 19 CFR 351.305 and 351.306.
    This initiation and this notice are issued and published in 
accordance with section 751(a)(2)(B) of the Act and sections 351.214(d) 
and 351.221(c)(1)(i) of the Department's regulations.

    Dated: March 23, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-5867 Filed 3-29-07; 8:45 am]
BILLING CODE 3510-DS-S