Certain Hot-Rolled Carbon Steel Flat Products from Romania: Final Results of Antidumping Duty Administrative Review, 18204-18206 [E7-6862]
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18204
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices
Charge 1 15 CFR 764.2(a)—
Reexporting Item to Iran Without the
Required U.S. Government
Authorization
On one occasion in June 2003,
Lincoln engaged in conduct prohibited
by the Regulations by reexporting a
system containing specialized software
(‘‘system’’), an item subject to the
Regulations (ECCN 3 5D002), from the
United Kingdom (‘‘UK’’) to Iran without
the required U.S. Government
authorization. Pursuant to Section
746.7(a)(2)(ii) of the Regulations, the
reexport of the system to Iran required
a license from BIS. Pursuant to Section
746.7(a)(3), in order to comply with the
provisions of the EAR, transactions
subject to both the EAR and the Iranian
Transactions Regulations 4 maintained
by the Office of Foreign Assets Control,
U.S. Department of the Treasury
(‘‘OFAC’’), require OFAC authorization.
The reexport of the system to Iran
required authorization from OFAC
pursuant to 31 CFR. Part 560.205, and
no such authorization was obtained. In
failing to obtain such authorization from
OFAC, Lincoln committed one violation
of Section 764.2(a) of the Regulations.
cprice-sewell on PRODPC61 with NOTICES
Charge 2 15 CFR 764.2(e)—Unlicensed
Transfer of Item to Iran Knowing That
a Violation of the Regulations Would
Occur
In connection with the reexport
transaction described above, Lincoln
transferred a system, an item subject to
the Regulations, from the UK to Iran
knowing that a violation of the
Regulations would occur. At all times
relevant thereto, Lincoln knew that the
system required authorization from the
U.S. Government for reexport from the
UK to Iran and that authorization for the
reexport would not be obtained.
Specifically, Lincoln received
instructions in 2002 from Buehler
United Kingdom’s parent company,
Buehler Limited, that items such as the
system which contain specialized
software could not be sold to Iran from
any Buehler locations. He was also
made aware that selling such items to
Iran was barred by U.S. law. In so doing,
Lincoln committed one violation of
Section 764.2(e) of the Regulations.
Whereas, BIS and Lincoln have
entered into a Settlement Agreement
pursuant to Section 766.18(a) of the
Regulations whereby they agreed to
settle this matter in accordance with the
3 ‘‘ECCN’’ refers to ‘‘Export Control Classification
Number.’’ See Supp. 1 to 15 CFR 774.
4 The Iranian Transactions Regulations are
currently codified in the Code of Federal
Regulations at 31 CFR part 560 (2006).
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15:09 Apr 10, 2007
Jkt 211001
terms and conditions set forth therein,
and
Whereas, I have approved the terms of
such Settlement Agreement;
It Is Therefore Ordered:
First, that for a period of seven years
from the date of entry of this Order,
Stephen Lincoln, 21 Durrell Drive,
Rugby, Warwickshire, England CV22
7GW, and when acting for or on behalf
of Lincoln, his representatives, assigns,
or agents (‘‘Denied Person’’) may not,
directly or indirectly, participate in any
way in any transaction involving any
commodity, software, or technology
(hereinafter collectively referred to as
‘‘item’’) exported or to be exported from
the United States that is subject to the
Regulations, or in any other activity
subject to the Regulations, including,
but not limited to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or in any
other activity subject to the Regulations;
or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
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E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, that, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulations, any
person, firm, corporation, or business
organization related to Lincoln by
affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of the
Order.
Fourth, that this Order does not
prohibit any export, reexport, or other
transaction subject to the Regulations
where the only items involved that are
subject to the Regulations are the
foreign-produced direct product of U.S.origin technology.
Fifth, that the proposed charging
letter, the Settlement Agreement, and
this Order shall be made available to the
public.
Sixth, that this Order shall be served
on the Denied Person and on BIS, and
shall be published in the Federal
Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Entered this 2nd day of April 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 07–1778 Filed 4–10–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
International Trade Administration
(A–485–806)
Certain Hot–Rolled Carbon Steel Flat
Products from Romania: Final Results
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 23, 2006, the
Department of Commerce published the
preliminary results of the antidumping
duty administrative review of certain
AGENCY:
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Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices
hot–rolled carbon steel flat products
from Romania. This review covers sales
of subject merchandise made by Mittal
Steel Galati S.A. The period of review
is November 1, 2004, through October
31, 2005. Based on our analysis of
comments received, we have made a
change to our calculations; this change
did not result in a change to the margin
for Mittal Steel Galati S.A. Therefore,
these final results are the same as our
preliminary results. The final results are
listed below in the ‘‘Final Results of
Review’’ section.
EFFECTIVE DATE: April 11, 2007.
FOR FURTHER INFORMATION CONTACT:
Dave Dirstine or Richard Rimlinger, 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) 482–4033 or (202) 482–
4477, respectively.
SUPPLEMENTARY INFORMATION:
cprice-sewell on PRODPC61 with NOTICES
Background
On October 23, 2006, the Department
of Commerce (the Department)
published the preliminary results of the
antidumping duty administrative review
of certain hot–rolled carbon steel flat
products from Romania (Certain Hot–
Rolled Carbon Steel Flat Products From
Romania: Preliminary Results of the
Antidumping Duty Administrative
Review, 71 FR 62082 (October 23, 2006)
(Preliminary Results)). The review
covers one manufacturer, Mittal Steel
Galati S.A. (MS Galati).
We invited parties to comment on our
preliminary results of review. MS Galati
and one domestic interested party,
Nucor Corporation, filed case briefs on
January 19, 2007. MS Galati and a
domestic interested party, United States
Steel Corporation, filed rebuttal briefs
on January 26, 2007. Nucor Corporation
filed a rebuttal brief on January 29,
2007.
On February 26, 2007, the Department
published in the Federal Register a
notice extending the due date for the
final results of the administrative review
of the antidumping duty order on
certain hot–rolled carbon steel flat
products from Romania until no later
than April 6, 2007 (Notice of Extension
of Time Limit for the Final Results of
Antidumping Duty Administrative
Review: Certain Hot–Rolled Carbon
Steel Flat Products from Romania, 72
FR 8348 (February 26, 2007)).
Scope of the Order
The products covered by the order are
certain hot–rolled carbon steel flat
products of a rectangular shape, of a
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15:09 Apr 10, 2007
Jkt 211001
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.
Specifically included within the
scope of this order are vacuum
degassed, fully stabilized (commonly
referred to as interstitial–free (IF)) steels,
high strength low alloy (HSLA) steels,
and the substrate for motor lamination
steels. IF steels are recognized as low
carbon steels with micro–alloying levels
of elements such as titanium or niobium
(also commonly referred to as
columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA
steels are recognized as steels with
micro–alloying levels of elements such
as chromium, copper, niobium,
vanadium, and molybdenum. The
substrate for motor lamination steels
contains micro–alloying levels of
elements such as silicon and aluminum.
Steel products to be included in the
scope of this order, regardless of
definitions in the Harmonized Tariff
Schedule of the United States (HTSUS),
are products in which: (i) Iron
predominates, by weight, over each of
the other contained elements; (ii) the
carbon content is 2 percent or less, by
weight; and (iii) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated: 1.80
percent of manganese, 2.25 percent of
silicon, 1.00 percent of copper, 0.50
percent of aluminum, 1.25 percent of
chromium, 0.30 percent of cobalt, 0.40
percent of lead, 1.25 percent of nickel,
0.30 percent of tungsten, 0.10 percent of
molybdenum, 0.10 percent of niobium,
0.15 percent of vanadium or 0.15
percent of zirconium.
All products that meet the physical
and chemical description provided
above are within the scope of this order
unless otherwise excluded. The
following products, by way of example,
are outside or specifically excluded
from the scope of this order: Alloy hot–
rolled steel products in which at least
one of the chemical elements exceeds
those listed above (including, e.g.,
American Society for Testing and
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18205
Materials (ASTM) specifications A543,
A387, A514, A517, A506); Society of
Automotive Engineers (SAE)/American
Iron & Steel Institute (AISI) grades of
series 2300 and higher; ball bearing
steels, as defined in the HTSUS; tool
steels, as defined in the HTSUS;
silicomanganese (as defined in the
HTSUS) or silicon electrical steel with
a silicon level exceeding 2.25 percent;
ASTM specifications A710 and A736;
USS abrasion–resistant steels (USS AR
400, USS AR 500); all products
(proprietary or otherwise) based on an
alloy ASTM specification (sample
specifications: ASTM A506, A507);
non–rectangular shapes, not in coils,
which are the result of having been
processed by cutting or stamping and
which have assumed the character of
articles or products classified outside
chapter 72 of the HTSUS.
The merchandise subject to this order
is classified in the 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 covered by this order,
including vacuum degassed fully
stabilized, high strength low alloy, and
the substrate for motor lamination steel,
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.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the ‘‘Issues and
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18206
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices
Decision Memorandum’’ (Decision
Memorandum) from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, dated April 6, 2007,
which is hereby adopted by this notice.
A list of the issues which the parties
have raised and to which we have
responded is attached to this notice as
an appendix. Parties can find a
complete discussion of all issues raised
in this review and corresponding
recommendations in this public
memorandum which is on file in Import
Administration’s Central Records Unit,
Room B–099 of the main Department
building. In addition, a complete
version of the Decision Memorandum is
available on the Internet at https://ia
ita.doc.gov/frn/. The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made a
methodological change to our
calculations as reflected in our
Preliminary Results (see Comment 2 of
the Decision Memorandum).
Final Results of Review
As a result of our review, we
determine that the following weighted–
average percentage margin exists for the
period November 1, 2004, through
October 31, 2005:
Manufacturer/exporter
Margin (percent)
cprice-sewell on PRODPC61 with NOTICES
Mittal Steel Galati S.A.
0.00
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 15 days
after publication of these final results of
review. In accordance with 19 CFR
351.212(b)(1), we have calculated an
importer–specific assessment rate. 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 (68 FR 23954). This
clarification will apply to entries of
subject merchandise during the period
of review produced by the company
included in these final results of review
for which the reviewed company did
not know its merchandise was destined
for the United States. In such instances,
we will instruct CBP to liquidate
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17:04 Apr 10, 2007
Jkt 211001
unreviewed entries at the all–others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction. For a full discussion of this
clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Cash–Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of these final results of
administrative review, as provided by
section 751(a) of the Tariff Act of 1930,
as amended (the Act): (1) the cash–
deposit rate for MS Galati will be 0.00
percent; (2) for merchandise exported by
manufacturers or exporters not covered
in this review but covered in a previous
segment of this proceeding, the cash–
deposit rate will continue to be the
company–specific rate published in the
prior segment of the proceeding in
which that manufacturer or exporter
participated; (3) if the exporter is not a
firm covered in this review or in any
previous segment of this proceeding but
the manufacturer is, the cash–deposit
rate will be that established for the
manufacturer of the merchandise in
these final results of review or in the
most recent segment of the proceeding
in which that manufacturer
participated; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review
conducted by the Department, the cash–
deposit rate will be the ‘‘All Others’’
rate made effective on June 14, 2005,
which is 17.84 percent. See Certain Hot–
Rolled Carbon Steel Flat Products From
Romania: Final Results of Antidumping
Duty Administrative Review, 70 FR
34448, 34450 (June 14, 2005). These
deposit requirements shall remain in
effect until further notice.
Notification
This notice also serves as the final
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 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.
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
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Fmt 4703
Sfmt 4703
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: April 4, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
Appendix
Comment 1: Date of Sale
Comment 2: Sales and Cost Data from
Different Periods
Comment 3: Calculation of Credit
Expense
Comment 4: Offsetting of Negative
Margins
[FR Doc. E7–6862 Filed 4–10–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–580–825)
Oil Country Tubular Goods, Other
Than Drill Pipe, from Korea: Amended
Final Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 11, 2007.
FOR FURTHER INFORMATION CONTACT:
Scott Lindsay or Dara Iserson, 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) 482–0780 or (202) 482–
4052.
SUPPLEMENTARY INFORMATION:
AGENCY:
Amendment to Final Results of Review
In accordance with section 735(a) of
the Tariff Act of 1930, as amended, (the
Act), on March 6, 2007, the Department
of Commerce (the Department)
published its notice of final results of
the administrative review of the
antidumping duty order on oil country
tubular goods (‘‘OCTG’’), other than
drill pipe, from Korea for the period
(‘‘POR’’) August 1, 2004 through July 31,
2005. See Oil Country Tubular Goods,
Other Than Drill Pipe, from Korea: Final
Results of Antidumping Duty
Administrative Review, 72 FR 9224
E:\FR\FM\11APN1.SGM
11APN1
]]>Agencies
[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Notices]
[Pages 18204-18206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6862]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-485-806)
Certain Hot-Rolled Carbon Steel Flat Products from Romania: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 23, 2006, the Department of Commerce published the
preliminary results of the antidumping duty administrative review of
certain
[[Page 18205]]
hot-rolled carbon steel flat products from Romania. This review covers
sales of subject merchandise made by Mittal Steel Galati S.A. The
period of review is November 1, 2004, through October 31, 2005. Based
on our analysis of comments received, we have made a change to our
calculations; this change did not result in a change to the margin for
Mittal Steel Galati S.A. Therefore, these final results are the same as
our preliminary results. The final results are listed below in the
``Final Results of Review'' section.
EFFECTIVE DATE: April 11, 2007.
FOR FURTHER INFORMATION CONTACT: Dave Dirstine or Richard Rimlinger,
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-
4033 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 23, 2006, the Department of Commerce (the Department)
published the preliminary results of the antidumping duty
administrative review of certain hot-rolled carbon steel flat products
from Romania (Certain Hot-Rolled Carbon Steel Flat Products From
Romania: Preliminary Results of the Antidumping Duty Administrative
Review, 71 FR 62082 (October 23, 2006) (Preliminary Results)). The
review covers one manufacturer, Mittal Steel Galati S.A. (MS Galati).
We invited parties to comment on our preliminary results of review.
MS Galati and one domestic interested party, Nucor Corporation, filed
case briefs on January 19, 2007. MS Galati and a domestic interested
party, United States Steel Corporation, filed rebuttal briefs on
January 26, 2007. Nucor Corporation filed a rebuttal brief on January
29, 2007.
On February 26, 2007, the Department published in the Federal
Register a notice extending the due date for the final results of the
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from Romania until no later than
April 6, 2007 (Notice of Extension of Time Limit for the Final Results
of Antidumping Duty Administrative Review: Certain Hot-Rolled Carbon
Steel Flat Products from Romania, 72 FR 8348 (February 26, 2007)).
Scope of the Order
The products covered by the order 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.
Specifically included within the scope of this order are vacuum
degassed, fully stabilized (commonly referred to as interstitial-free
(IF)) steels, high strength low alloy (HSLA) steels, and the substrate
for motor lamination steels. IF steels are recognized as low carbon
steels with micro-alloying levels of elements such as titanium or
niobium (also commonly referred to as columbium), or both, added to
stabilize carbon and nitrogen elements. HSLA steels are recognized as
steels with micro-alloying levels of elements such as chromium, copper,
niobium, vanadium, and molybdenum. The substrate for motor lamination
steels contains micro-alloying levels of elements such as silicon and
aluminum.
Steel products to be included in the scope of this order,
regardless of definitions in the Harmonized Tariff Schedule of the
United States (HTSUS), are products in which: (i) Iron predominates, by
weight, over each of the other contained elements; (ii) the carbon
content is 2 percent or less, by weight; and (iii) none of the elements
listed below exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, 2.25 percent of silicon, 1.00 percent of
copper, 0.50 percent of aluminum, 1.25 percent of chromium, 0.30
percent of cobalt, 0.40 percent of lead, 1.25 percent of nickel, 0.30
percent of tungsten, 0.10 percent of molybdenum, 0.10 percent of
niobium, 0.15 percent of vanadium or 0.15 percent of zirconium.
All products that meet the physical and chemical description
provided above are within the scope of this order unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of this order: Alloy hot-rolled
steel products in which at least one of the chemical elements exceeds
those listed above (including, e.g., American Society for Testing and
Materials (ASTM) specifications A543, A387, A514, A517, A506); Society
of Automotive Engineers (SAE)/American Iron & Steel Institute (AISI)
grades of series 2300 and higher; ball bearing steels, as defined in
the HTSUS; tool steels, as defined in the HTSUS; silicomanganese (as
defined in the HTSUS) or silicon electrical steel with a silicon level
exceeding 2.25 percent; ASTM specifications A710 and A736; USS
abrasion-resistant steels (USS AR 400, USS AR 500); all products
(proprietary or otherwise) based on an alloy ASTM specification (sample
specifications: ASTM A506, A507); non-rectangular shapes, not in coils,
which are the result of having been processed by cutting or stamping
and which have assumed the character of articles or products classified
outside chapter 72 of the HTSUS.
The merchandise subject to this order is classified in the 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 covered by this order, including vacuum degassed fully
stabilized, high strength low alloy, and the substrate for motor
lamination steel, 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.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the ``Issues and
[[Page 18206]]
Decision Memorandum'' (Decision Memorandum) from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, dated April 6,
2007, which is hereby adopted by this notice. A list of the issues
which the parties have raised and to which we have responded is
attached to this notice as an appendix. Parties can find a complete
discussion of all issues raised in this review and corresponding
recommendations in this public memorandum which is on file in Import
Administration's Central Records Unit, Room B-099 of the main
Department building. In addition, a complete version of the Decision
Memorandum is available on the Internet at https://ia ita.doc.gov/frn/
index.html. The paper copy and electronic version of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made a
methodological change to our calculations as reflected in our
Preliminary Results (see Comment 2 of the Decision Memorandum).
Final Results of Review
As a result of our review, we determine that the following
weighted-average percentage margin exists for the period November 1,
2004, through October 31, 2005:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Mittal Steel Galati S.A............................. 0.00
------------------------------------------------------------------------
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 15 days after publication of these final results of
review. In accordance with 19 CFR 351.212(b)(1), we have calculated an
importer-specific assessment rate. 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 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the period of review produced by the company
included in these final results of review for which the reviewed
company did not know its 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 full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash-Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of these
final results of administrative review, as provided by section 751(a)
of the Tariff Act of 1930, as amended (the Act): (1) the cash-deposit
rate for MS Galati will be 0.00 percent; (2) for merchandise exported
by manufacturers or exporters not covered in this review but covered in
a previous segment of this proceeding, the cash-deposit rate will
continue to be the company-specific rate published in the prior segment
of the proceeding in which that manufacturer or exporter participated;
(3) if the exporter is not a firm covered in this review or in any
previous segment of this proceeding but the manufacturer is, the cash-
deposit rate will be that established for the manufacturer of the
merchandise in these final results of review or in the most recent
segment of the proceeding in which that manufacturer participated; and
(4) if neither the exporter nor the manufacturer is a firm covered in
this or any previous review conducted by the Department, the cash-
deposit rate will be the ``All Others'' rate made effective on June 14,
2005, which is 17.84 percent. See Certain Hot-Rolled Carbon Steel Flat
Products From Romania: Final Results of Antidumping Duty Administrative
Review, 70 FR 34448, 34450 (June 14, 2005). These deposit requirements
shall remain in effect until further notice.
Notification
This notice also serves as the final 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 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.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 4, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
Appendix
Comment 1: Date of Sale
Comment 2: Sales and Cost Data from Different Periods
Comment 3: Calculation of Credit Expense
Comment 4: Offsetting of Negative Margins
[FR Doc. E7-6862 Filed 4-10-07; 8:45 am]
BILLING CODE 3510-DS-S
