Implementation of the Findings of the WTO Panel in US-Zeroing (EC): Notice of Determinations Under Section 129 of the Uruguay Round Agreements Act and Revocations and Partial Revocations of Certain Antidumping Duty Orders, 25261-25264 [07-2212]

Download as PDF Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Notices cprice-sewell on DSK89S0YB1PROD with NOTICES 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. The Department will issue the final results of the administrative and new shipper reviews, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Upon completion of the administrative and new shipper reviews, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212. The Department will issue appropriate appraisement instructions for the companies subject to these reviews directly to CBP 15 days after the date of publication of the final results of this review. Pursuant to 19 CFR 351.212(b)(1), for all sales made by Colakoglu, Habas, Kaptan, and Kroman, as well as for certain sales made by Ekinciler, because we have the reported entered value of the U.S. sales, we have calculated importer–specific assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of those sales. Regarding all of Diler’s and certain of Ekinciler’s sales, we note that these companies did not report the entered value for the U.S. sales in question. Accordingly, we have calculated importer–specific assessment rates for the merchandise in question by aggregating the dumping margins calculated for all U.S. sales to each importer and dividing this amount by the total quantity of those sales. To determine whether the duty assessment rates were de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer– specific ad valorem ratios based on the estimated entered value. We will instruct CBP to assess antidumping duties on all appropriate entries covered by these reviews if any importer–specific assessment rate calculated in the final results of these reviews 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 VerDate Nov<24>2008 14:51 Apr 20, 2010 Jkt 220001 assessment rate is de minimis (i.e., less than 0.50 percent). See 19 CFR 351.106(c)(1). We are preliminarily revoking the order with respect to Colakoglu’s and Diler’s exports of subject merchandise. If these revocations become final, we will instruct CBP to terminate the suspension of liquidation for exports of such merchandise entered, or withdrawn from warehouse, for consumption on or after April 1, 2006, and to refund all cash deposits collected. The final results of these reviews shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of these reviews and for future deposits of estimated duties, where applicable. 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 POR produced by companies included in these preliminary 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 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 cash 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 the final results of the administrative and new shipper reviews, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for each specific company listed above will be that established in the final results of these reviews, 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 these reviews, 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 these reviews or the original less–than-fair–value (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 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 25261 merchandise; and 4) the cash deposit rate for all other manufacturers or exporters will continue to be 16.06 percent, the All–Others rate established in the LTFV investigation. These requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice 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. We are issuing and publishing these results of review in accordance with sections 751(a)(1), 751(a)(2)(B)(iv), and 777(i)(1) of the Act, as well as 19 CFR 351.214(i), 351.221(b)(4), and 351.222(f)(2)(iv). Dated: April 30, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–8583 Filed 5–3–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Implementation of the Findings of the WTO Panel in US—Zeroing (EC): Notice of Determinations Under Section 129 of the Uruguay Round Agreements Act and Revocations and Partial Revocations of Certain Antidumping Duty Orders AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 23, 2007, the U.S. Trade Representative instructed the Department of Commerce (the Department) to implement its findings under section 129 of the Uruguay Round Agreements Act (URAA) regarding the offsetting of dumped sales with nondumped sales in investigations involving average-to-average transactions. The Department issued its findings on April 9, 2007, regarding eleven investigations challenged by the European Communities before the World Trade Organization. The Department is now implementing those findings. DATES: The effective date of these determinations is April 23, 2007. E:\FR\FM\04MYN1.SGM 04MYN1 25262 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Notices FOR FURTHER INFORMATION CONTACT: Daniel O’Brien, William Kovatch, or Michael Rill, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482–1376, (202) 482–5052, or (202) 482– 3058, respectively. SUPPLEMENTARY INFORMATION: cprice-sewell on DSK89S0YB1PROD with NOTICES Background On February 22, 2007, the Department initiated twelve proceedings under section 129 of the URAA to implement the WTO dispute settlement panel’s report in United States—Laws, Regulations and Methodology for Calculating Dumping Margins (‘‘Zeroing’’) (WT/DS294). In each proceeding, the Department recalculated the weighted-average dumping margin from the following antidumping investigations, applying the calculation methodology described in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin During an Antidumping Investigation; Final Modification; see 71 FR 77722 (December 27, 2006): 1. Certain Hot-Rolled Carbon Steel from the Netherlands (A–421–807). 2. Stainless Steel Bar From France (A–427–820). 3. Stainless Steel Bar From Germany (A–428–830). 4. Stainless Steel Bar From Italy (A–475–829). 5. Stainless Steel Bar From the United Kingdom (A–412–822). 6. Stainless Steel Wire Rod From Sweden (A–401–806). 7. Stainless Steel Wire Rod From Spain (A–469–807). 8. Stainless Steel Wire Rod From Italy (A–475–820). 9. Certain Stainless Steel Plate in Coils from Belgium (A–423–808). 10. Stainless Steel Sheet and Strip in Coils from Italy (A–475–824). 11. Certain Cut-to-Length Carbonquality Steel Plate From Italy (A–475– 826). 12. Certain Pasta From Italy (A–475– 818). On February 26, 2007, the Department issued its preliminary results and requested comments. After receiving comments and rebuttal comments from the interested parties, the Department issued its Final Results for the Section 129 Determinations in eleven of the twelve proceedings on April 9, 2007.1 1 With respect to Stainless Steel Sheet and Strip in Coils from Italy (A–475–824), one interested party made allegations of computational errors in calculating the weighted-average dumping margin. The Department found that there was a reasonable VerDate Nov<24>2008 14:51 Apr 20, 2010 Jkt 220001 On April 20, 2007, consistent with section 129(b)(3) of the URAA, the U.S. Trade Representative held consultations with the Department and the appropriate congressional committees with respect to these determinations. On April 23, 2007, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA, the U.S. Trade Representative directed the Department to implement these determinations. Nature of the Proceedings Section 129 of the URAA governs the nature and effect of determinations issued by the Department to implement findings by WTO dispute settlement panels and the Appellate Body. Specifically, section 129(b)(2) provides that ‘‘notwithstanding any provision of the Tariff Act of 1930,’’ within 180 days of a written request from the U.S. Trade Representative, the Department shall issue a determination that would render its actions not inconsistent with an adverse finding of a WTO panel or the Appellate Body. See 19 U.S.C. 3538(b)(2). The Statement of Administrative Action, U.R.A.A., H. Doc. 316, Vol. 1, 103d Cong. (1994) (SAA), variously refers to such a determination by the Department as a ‘‘new,’’ ‘‘second,’’ and ‘‘different’’ determination. See SAA at 1025, 1027. After consulting with the Department and the appropriate congressional committees, the U.S. Trade Representative may direct the Department to implement, in whole or in part, the new determination made under section 129. See 19 U.S.C. 3538(b)(4). Pursuant to section 129(c), the new determination shall apply with respect to unliquidated entries of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the date on which the U.S. Trade Representative directs the Department to implement the new determination. See 19 U.S.C. 3538(c). The new determination is subject to judicial review separate and apart from judicial review of the Department’s original determination. See 19 U.S.C. 1516a(a)(2)(B)(vii). Analysis of Comments Received The issues raised in the case and rebuttal briefs submitted by interested parties to these proceedings are addressed in the Issues and Decision Memorandum for the Final Results of the Section 129 Determinations, from Stephen J. Claeys to David M. Spooner, basis to investigate the allegations further, and postponed its decision in that proceeding in order to place additional information on the administrative record, and allow interested parties additional time to comment. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 dated April 9, 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. Final Antidumping Margins The recalculated margins, unchanged from the Preliminary Results for all cases, except the investigation of Stainless Steel Sheet and Strip in Coils from Italy, are as follows: (1) Certain Hot-Rolled Carbon Steel From the Netherlands • The margin for Corus, the sole respondent, decreases from 2.59 percent to zero. Since Corus was the only respondent in the investigation, we are now revoking this order effective April 23, 2007 (the effective date). (2) Stainless Steel Bar From France • The margin for UGITECH decreases from 3.9 percent to zero. We are now revoking this order for UGITECH effective April 23, 2007 (the effective date). • The margin for Aubert and Duval S.A. was based on total AFA. This margin does not change as a result of this proceeding. • Since there are no non-AFA, above de minimis margins remaining, pursuant to Department practice, the all others rate is based on a simple average of the zero margins and the AFA margins. Therefore, the all-others rate changes from 3.9 percent to 35.92 percent. (3) Stainless Steel Bar From Germany • The margin for BGH decreases from 13.63 percent to 2.59 percent. • The margin for Einsal decreases from 4.17 percent to de minimis. We are now revoking this order for Einsal effective April 23, 2007 (the effective date). • The margin for Edelstahl WittenKrefeld GmbH decreases from 15.40 percent to 10.82 percent. • The margin for Krupp Edelstahlprofile GmbH decreases from 32.32 percent to 31.25 percent. • The all-others rate changes from 16.96 percent to 15.16 percent. (4) Stainless Steel Bar From Italy • The margin for Acciaiera Valbruna S.p.A. decreases from 2.50 percent to E:\FR\FM\04MYN1.SGM 04MYN1 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Notices zero. We are now revoking this order for Acciaiera Valbruna S.p.A. effective April 23, 2007 (the effective date). • The margin for Acciaiera Foroni S.p.A. decreases from 7.07 percent to zero. We are now revoking this order for Acciaiera Foroni S.p.A. effective April 23, 2007 (the effective date). • Trafilerie Bedini S.r.l. was excluded from the order and that does not change as a result of this proceeding. • The margin for Cogne Acciai Speciali Srl was based on total AFA. This margin does not change as a result of this proceeding. • The margin for Rodacciai S.p.A. decreases from 3.83 percent to zero. We are now revoking this order for Rodacciai S.p.A. effective April 23, 2007 (the effective date). • Since there are no non-AFA above de minimis margins remaining, pursuant to Department practice, the allothers rate is based on a simple average of the zero margins and the AFA margins. Therefore, the all-others rate changes from 3.81 percent to 6.60 percent. (5) Stainless Steel Bar From the United Kingdom • The margin for Corus Engineering Steels Ltd. decreases from 4.48 percent to zero. We are now revoking this order for Corus Engineering Steels Ltd. effective April 23, 2007 (the effective date). • Firth Rixon Special Steels Ltd. and Crownridge Stainless Steel Ltd.’s/Valkia Ltd.’s margins were based on total AFA. These margins do not change as a result of this proceeding. • Since there are no non-AFA above de minimis margins remaining, pursuant to Department practice, the allothers rate is based on a simple average of the zero margins and the AFA margins. Therefore, the all-others rate changes from 4.48 percent to 83.85 percent. cprice-sewell on DSK89S0YB1PROD with NOTICES (6) Stainless Steel Wire Rod From Sweden • The margin for Fagersta Stainless AB decreases from 5.71 percent to zero. Since Fagersta Stainless AB was the only respondent in the investigation, we are now revoking this order effective April 23, 2007 (the effective date). (7) Stainless Steel Wire Rod From Spain • The margin for Roldan S.A., the sole respondent, decreases from 4.76 percent to 2.71 percent. • The all-others rate changes from 4.76 percent to 2.71 percent. VerDate Nov<24>2008 14:51 Apr 20, 2010 Jkt 220001 (8) Stainless Steel Wire Rod From Italy • The margin for Cogne Acciai Speciali S.r.l. decreases from 12.73 percent to 11.25 percent. • Acciaiera Valbruna S.p.A. was excluded from the order and that does not change as a result of this proceeding. • The all-others rate changes from 12.73 percent to 11.25 percent. (9) Stainless Steel Plate in Coils From Belgium • The margin for Ugine & ALZ Belgium (formerly ALZ N.V.), the sole respondent, decreases from 9.84 percent to 8.54 percent. • The all-others rate changes from 9.84 percent to 8.54 percent. (10) Certain Cut-To-Length CarbonQuality Steel Plate Products From Italy • The margin for Palini and Bertoli S.p.A. decreases from 7.85 percent to 7.64 percent. • ILVA S.p.A. was excluded from the order and that does not change as a result of this proceeding. • The all-others rate changes from 7.85 percent to 7.64 percent. (11) Certain Pasta From Italy • The margin for Arrighi S.p.A. Industrie Alimentari decreases from 21.34 percent to 20.84 percent. • The margin for Liguori Pastificio Dal 1820 S.p.A. decreases from 12.41 percent to 12.14 percent. • The margin for Pastificio Fratelli Pagani S.p.A. decreases from 18.30 percent to 18.23 percent. • The margin for La Molisana Industrie Alimentari S.p.A. remains at 14.78 percent based on this recalculation. • De Matteis Agroalimentare S.p.A. and Delverde S.r.l. were excluded from the order and that does not change as a result of this proceeding. • F.lli De Cecco de Filippo Fara San Martino S.p.A.’s margin was based on total AFA. This margin does not change as a result of this proceeding. • The all-others rate changes from 12.09 percent to 16.51 percent. We note that Delverde S.r.l.’s margin in the investigation was a component of the all-others rate. However, since Delverde S.r.l. was later revoked from the order as a result of litigation relating to the investigation, its margin is no longer a component of the all others rate. We note also that, for cash deposit purposes, we deduct from the margin of dumping any export subsidies. On that basis, the new cash deposit rate that will be established for all others is 15.45 percent. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 25263 Revocations, Cash Deposits and Continuation of the Suspension of Liquidation On April 23, 2007, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA, the U.S. Trade Representative, after consulting with the Department and Congress, directed the Department to implement these determinations. With respect to Certain Hot-Rolled Carbon Steel from the Netherlands and Stainless Steel Wire Rod from Sweden, we will instruct U.S. Customs and Border Protection (CBP) to liquidate without regard to antidumping duties entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after April 23, 2007, (the effective date), and to discontinue collection of cash deposits of antidumping duties. With respect to Stainless Steel Bar from France, we will instruct CBP to liquidate without regard to antidumping duties entries of the subject merchandise manufactured and exported by UGITECH, entered, or withdrawn from warehouse, for consumption on or after April 23, 2007, (the effective date), and to discontinue collection of cash deposits of antidumping duties. We will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from all other exporters or producers. CBP shall continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price. The suspension of liquidation instructions will remain in effect until further notice. The Section 129 Determination all-others rate will be the new cash deposit rate for all exporters of subject merchandise for whom the Department has not calculated an individual rate. With respect to Stainless Steel Bar from Germany, we will instruct CBP to liquidate without regard to antidumping duties entries of the subject merchandise manufactured and exported by Einsal, entered, or withdrawn from warehouse, for consumption on or after April 23, 2007, (the effective date), and to discontinue collection of cash deposits of antidumping duties. We will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from all other exporters or producers. CBP shall continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price. The suspension of liquidation instructions will remain in effect until further notice. The Section 129 Determination all-others rate will be the new cash deposit rate for all E:\FR\FM\04MYN1.SGM 04MYN1 cprice-sewell on DSK89S0YB1PROD with NOTICES 25264 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Notices exporters of subject merchandise for whom the Department has not calculated an individual rate. With respect to Stainless Steel Bar from Italy, we will instruct CBP to liquidate without regard to antidumping duties entries of the subject merchandise manufactured and exported by Acciaiera Valbruna S.p.A., Acciaiera Foroni S.p.A. and Rodacciai S.p.A., entered, or withdrawn from warehouse, for consumption on or after April 23, 2007, (the effective date), and to discontinue collection of cash deposits of antidumping duties. We will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from all other exporters or producers. CBP shall continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price. The suspension of liquidation instructions will remain in effect until further notice. The Section 129 Determination all-others rate will be the new cash deposit rate for all exporters of subject merchandise for whom the Department has not calculated an individual rate. With respect to Stainless Steel Bar from the United Kingdom, we will instruct CBP to liquidate without regard to antidumping duties entries of the subject merchandise manufactured and exported by Corus Engineering Steels Ltd., entered, or withdrawn from warehouse, for consumption on or after April 23, 2007, (the effective date), and to discontinue collection of cash deposits of antidumping duties. We will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from all other exporters or producers. CBP shall continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price. The suspension of liquidation instructions will remain in effect until further notice. The Section 129 Determination all-others rate will be the new cash deposit rate for all exporters of subject merchandise for whom the Department has not calculated an individual rate. With respect to Stainless Steel Wire Rod from Spain, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from all exporters or producers. CBP shall continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price. The suspension of liquidation instructions will remain in effect until further notice. The Section 129 Determination all-others rate will be the new cash deposit rate for all exporters of subject merchandise for whom the VerDate Nov<24>2008 14:51 Apr 20, 2010 Jkt 220001 Department has not calculated an individual rate. With respect to Stainless Steel Wire Rod from Italy, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from all exporters or producers. CBP shall continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price. The suspension of liquidation instructions will remain in effect until further notice. The Section 129 Determination all-others rate will be the new cash deposit rate for all exporters of subject merchandise for whom the Department has not calculated an individual rate. With respect to Stainless Steel Plate in Coils from Belgium, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from all exporters or producers. CBP shall continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price. The suspension of liquidation instructions will remain in effect until further notice. The Section 129 Determination all-others rate will be the new cash deposit rate for all exporters of subject merchandise for whom the Department has not calculated an individual rate. With respect to Certain Cut-To-Length Carbon-Quality Steel Plate Products from Italy, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from all exporters or producers. CBP shall continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price. The suspension of liquidation instructions will remain in effect until further notice. The Section 129 Determination all-others rate will be the new cash deposit rate for all exporters of subject merchandise for whom the Department has not calculated an individual rate. With respect to Certain Pasta from Italy, we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from all exporters or producers. CBP shall continue to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price. The suspension of liquidation instructions will remain in effect until further notice. The Section 129 Determination allothers rate will be the new cash deposit rate for all exporters of subject merchandise for whom the Department has not calculated an individual rate. The cash deposit rates will remain unchanged for those companies that we are not revoking and whose cash deposit PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 rates since the original investigation have been superseded by administrative reviews. These Section 129 Determinations are issued and published in accordance with section 129(c)(2)(A) of the URAA. Dated: April 30, 2007. David M. Spooner, Assistant Secretary for Import Administration. Appendix I Issues Raised in the Issues and Decision Memorandum Comment 1: Whether the Department Has the Authority to Implement the WTO Appellate Body Decision Comment 2: Targeted Dumping Comment 3: Treatment of Unliquidated Entries Comment 4: Calculation of All-Others Rate Comment 5: Clerical Error Allegation in the Investigation of Stainless Steel Sheet and Strip in Coils from Italy Comment 6: Clarification of Valbruna Exporter Name Comment 7: The Department’s Briefing Schedule [FR Doc. 07–2212 Filed 5–3–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology [Docket Number: 070419095–7101–01] NIST Consortium/Consortia for PostComplementary Metal Oxide Semiconductor (CMOS) Nanoelectronics Research Program; Availability of Funds AGENCY: National Institute of Standards and Technology, Commerce. ACTION: Notice. SUMMARY: The National Institute of Standards and Technology (NIST) announces that NIST seeks to work with a consortium or consortia to fund basic research in the field of nanoscale electronics focused on developing the next logic switch beyond complementary metal oxide semiconductor (CMOS). DATES: All applications, paper and electronic, must be received no later that 5 p.m. Daylight Savings Time on June 4, 2007. Late applications will not be reviewed nor considered. ADDRESSES: Application packages may be obtained by contacting Jason Boehm, National Institute of Standards and Technology, 100 Bureau Drive, Stop 1060, Gaithersburg, MD 20899–1060, phone (301) 975–8678, or by downloading them through Grants.gov. Completed application packages may be E:\FR\FM\04MYN1.SGM 04MYN1

Agencies

[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Notices]
[Pages 25261-25264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2212]


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DEPARTMENT OF COMMERCE

International Trade Administration


Implementation of the Findings of the WTO Panel in US--Zeroing 
(EC): Notice of Determinations Under Section 129 of the Uruguay Round 
Agreements Act and Revocations and Partial Revocations of Certain 
Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 23, 2007, the U.S. Trade Representative instructed 
the Department of Commerce (the Department) to implement its findings 
under section 129 of the Uruguay Round Agreements Act (URAA) regarding 
the offsetting of dumped sales with non-dumped sales in investigations 
involving average-to-average transactions. The Department issued its 
findings on April 9, 2007, regarding eleven investigations challenged 
by the European Communities before the World Trade Organization. The 
Department is now implementing those findings.

DATES: The effective date of these determinations is April 23, 2007.

[[Page 25262]]


FOR FURTHER INFORMATION CONTACT: Daniel O'Brien, William Kovatch, or 
Michael Rill, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-
1376, (202) 482-5052, or (202) 482-3058, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 22, 2007, the Department initiated twelve proceedings 
under section 129 of the URAA to implement the WTO dispute settlement 
panel's report in United States--Laws, Regulations and Methodology for 
Calculating Dumping Margins (``Zeroing'') (WT/DS294). In each 
proceeding, the Department recalculated the weighted-average dumping 
margin from the following antidumping investigations, applying the 
calculation methodology described in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin During an 
Antidumping Investigation; Final Modification; see 71 FR 77722 
(December 27, 2006):
    1. Certain Hot-Rolled Carbon Steel from the Netherlands (A-421-
807).
    2. Stainless Steel Bar From France (A-427-820).
    3. Stainless Steel Bar From Germany (A-428-830).
    4. Stainless Steel Bar From Italy (A-475-829).
    5. Stainless Steel Bar From the United Kingdom (A-412-822).
    6. Stainless Steel Wire Rod From Sweden (A-401-806).
    7. Stainless Steel Wire Rod From Spain (A-469-807).
    8. Stainless Steel Wire Rod From Italy (A-475-820).
    9. Certain Stainless Steel Plate in Coils from Belgium (A-423-808).
    10. Stainless Steel Sheet and Strip in Coils from Italy (A-475-
824).
    11. Certain Cut-to-Length Carbon-quality Steel Plate From Italy (A-
475-826).
    12. Certain Pasta From Italy (A-475-818).
    On February 26, 2007, the Department issued its preliminary results 
and requested comments. After receiving comments and rebuttal comments 
from the interested parties, the Department issued its Final Results 
for the Section 129 Determinations in eleven of the twelve proceedings 
on April 9, 2007.\1\
---------------------------------------------------------------------------

    \1\ With respect to Stainless Steel Sheet and Strip in Coils 
from Italy (A-475-824), one interested party made allegations of 
computational errors in calculating the weighted-average dumping 
margin. The Department found that there was a reasonable basis to 
investigate the allegations further, and postponed its decision in 
that proceeding in order to place additional information on the 
administrative record, and allow interested parties additional time 
to comment.
---------------------------------------------------------------------------

    On April 20, 2007, consistent with section 129(b)(3) of the URAA, 
the U.S. Trade Representative held consultations with the Department 
and the appropriate congressional committees with respect to these 
determinations. On April 23, 2007, in accordance with sections 
129(b)(4) and 129(c)(1)(B) of the URAA, the U.S. Trade Representative 
directed the Department to implement these determinations.

Nature of the Proceedings

    Section 129 of the URAA governs the nature and effect of 
determinations issued by the Department to implement findings by WTO 
dispute settlement panels and the Appellate Body. Specifically, section 
129(b)(2) provides that ``notwithstanding any provision of the Tariff 
Act of 1930,'' within 180 days of a written request from the U.S. Trade 
Representative, the Department shall issue a determination that would 
render its actions not inconsistent with an adverse finding of a WTO 
panel or the Appellate Body. See 19 U.S.C. 3538(b)(2). The Statement of 
Administrative Action, U.R.A.A., H. Doc. 316, Vol. 1, 103d Cong. (1994) 
(SAA), variously refers to such a determination by the Department as a 
``new,'' ``second,'' and ``different'' determination. See SAA at 1025, 
1027. After consulting with the Department and the appropriate 
congressional committees, the U.S. Trade Representative may direct the 
Department to implement, in whole or in part, the new determination 
made under section 129. See 19 U.S.C. 3538(b)(4). Pursuant to section 
129(c), the new determination shall apply with respect to unliquidated 
entries of the subject merchandise that are entered, or withdrawn from 
warehouse, for consumption on or after the date on which the U.S. Trade 
Representative directs the Department to implement the new 
determination. See 19 U.S.C. 3538(c). The new determination is subject 
to judicial review separate and apart from judicial review of the 
Department's original determination. See 19 U.S.C. 1516a(a)(2)(B)(vii).

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs submitted by 
interested parties to these proceedings are addressed in the Issues and 
Decision Memorandum for the Final Results of the Section 129 
Determinations, from Stephen J. Claeys to David M. Spooner, dated April 
9, 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.

Final Antidumping Margins

    The recalculated margins, unchanged from the Preliminary Results 
for all cases, except the investigation of Stainless Steel Sheet and 
Strip in Coils from Italy, are as follows:

(1) Certain Hot-Rolled Carbon Steel From the Netherlands

     The margin for Corus, the sole respondent, decreases from 
2.59 percent to zero. Since Corus was the only respondent in the 
investigation, we are now revoking this order effective April 23, 2007 
(the effective date).

(2) Stainless Steel Bar From France

     The margin for UGITECH decreases from 3.9 percent to zero. 
We are now revoking this order for UGITECH effective April 23, 2007 
(the effective date).
     The margin for Aubert and Duval S.A. was based on total 
AFA. This margin does not change as a result of this proceeding.
     Since there are no non-AFA, above de minimis margins 
remaining, pursuant to Department practice, the all others rate is 
based on a simple average of the zero margins and the AFA margins. 
Therefore, the all-others rate changes from 3.9 percent to 35.92 
percent.

(3) Stainless Steel Bar From Germany

     The margin for BGH decreases from 13.63 percent to 2.59 
percent.
     The margin for Einsal decreases from 4.17 percent to de 
minimis. We are now revoking this order for Einsal effective April 23, 
2007 (the effective date).
     The margin for Edelstahl Witten-Krefeld GmbH decreases 
from 15.40 percent to 10.82 percent.
     The margin for Krupp Edelstahlprofile GmbH decreases from 
32.32 percent to 31.25 percent.
     The all-others rate changes from 16.96 percent to 15.16 
percent.

(4) Stainless Steel Bar From Italy

     The margin for Acciaiera Valbruna S.p.A. decreases from 
2.50 percent to

[[Page 25263]]

zero. We are now revoking this order for Acciaiera Valbruna S.p.A. 
effective April 23, 2007 (the effective date).
     The margin for Acciaiera Foroni S.p.A. decreases from 7.07 
percent to zero. We are now revoking this order for Acciaiera Foroni 
S.p.A. effective April 23, 2007 (the effective date).
     Trafilerie Bedini S.r.l. was excluded from the order and 
that does not change as a result of this proceeding.
     The margin for Cogne Acciai Speciali Srl was based on 
total AFA. This margin does not change as a result of this proceeding.
     The margin for Rodacciai S.p.A. decreases from 3.83 
percent to zero. We are now revoking this order for Rodacciai S.p.A. 
effective April 23, 2007 (the effective date).
     Since there are no non-AFA above de minimis margins 
remaining, pursuant to Department practice, the all-others rate is 
based on a simple average of the zero margins and the AFA margins. 
Therefore, the all-others rate changes from 3.81 percent to 6.60 
percent.

(5) Stainless Steel Bar From the United Kingdom

     The margin for Corus Engineering Steels Ltd. decreases 
from 4.48 percent to zero. We are now revoking this order for Corus 
Engineering Steels Ltd. effective April 23, 2007 (the effective date).
     Firth Rixon Special Steels Ltd. and Crownridge Stainless 
Steel Ltd.'s/Valkia Ltd.'s margins were based on total AFA. These 
margins do not change as a result of this proceeding.
     Since there are no non-AFA above de minimis margins 
remaining, pursuant to Department practice, the all-others rate is 
based on a simple average of the zero margins and the AFA margins. 
Therefore, the all-others rate changes from 4.48 percent to 83.85 
percent.

(6) Stainless Steel Wire Rod From Sweden

     The margin for Fagersta Stainless AB decreases from 5.71 
percent to zero. Since Fagersta Stainless AB was the only respondent in 
the investigation, we are now revoking this order effective April 23, 
2007 (the effective date).

(7) Stainless Steel Wire Rod From Spain

     The margin for Roldan S.A., the sole respondent, decreases 
from 4.76 percent to 2.71 percent.
     The all-others rate changes from 4.76 percent to 2.71 
percent.

(8) Stainless Steel Wire Rod From Italy

     The margin for Cogne Acciai Speciali S.r.l. decreases from 
12.73 percent to 11.25 percent.
     Acciaiera Valbruna S.p.A. was excluded from the order and 
that does not change as a result of this proceeding.
     The all-others rate changes from 12.73 percent to 11.25 
percent.

(9) Stainless Steel Plate in Coils From Belgium

     The margin for Ugine & ALZ Belgium (formerly ALZ N.V.), 
the sole respondent, decreases from 9.84 percent to 8.54 percent.
     The all-others rate changes from 9.84 percent to 8.54 
percent.

(10) Certain Cut-To-Length Carbon-Quality Steel Plate Products From 
Italy

     The margin for Palini and Bertoli S.p.A. decreases from 
7.85 percent to 7.64 percent.
     ILVA S.p.A. was excluded from the order and that does not 
change as a result of this proceeding.
     The all-others rate changes from 7.85 percent to 7.64 
percent.

(11) Certain Pasta From Italy

     The margin for Arrighi S.p.A. Industrie Alimentari 
decreases from 21.34 percent to 20.84 percent.
     The margin for Liguori Pastificio Dal 1820 S.p.A. 
decreases from 12.41 percent to 12.14 percent.
     The margin for Pastificio Fratelli Pagani S.p.A. decreases 
from 18.30 percent to 18.23 percent.
     The margin for La Molisana Industrie Alimentari S.p.A. 
remains at 14.78 percent based on this recalculation.
     De Matteis Agroalimentare S.p.A. and Delverde S.r.l. were 
excluded from the order and that does not change as a result of this 
proceeding.
     F.lli De Cecco de Filippo Fara San Martino S.p.A.'s margin 
was based on total AFA. This margin does not change as a result of this 
proceeding.
     The all-others rate changes from 12.09 percent to 16.51 
percent. We note that Delverde S.r.l.'s margin in the investigation was 
a component of the all-others rate. However, since Delverde S.r.l. was 
later revoked from the order as a result of litigation relating to the 
investigation, its margin is no longer a component of the all others 
rate. We note also that, for cash deposit purposes, we deduct from the 
margin of dumping any export subsidies. On that basis, the new cash 
deposit rate that will be established for all others is 15.45 percent.

Revocations, Cash Deposits and Continuation of the Suspension of 
Liquidation

    On April 23, 2007, in accordance with sections 129(b)(4) and 
129(c)(1)(B) of the URAA, the U.S. Trade Representative, after 
consulting with the Department and Congress, directed the Department to 
implement these determinations.
    With respect to Certain Hot-Rolled Carbon Steel from the 
Netherlands and Stainless Steel Wire Rod from Sweden, we will instruct 
U.S. Customs and Border Protection (CBP) to liquidate without regard to 
antidumping duties entries of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after April 23, 2007, 
(the effective date), and to discontinue collection of cash deposits of 
antidumping duties.
    With respect to Stainless Steel Bar from France, we will instruct 
CBP to liquidate without regard to antidumping duties entries of the 
subject merchandise manufactured and exported by UGITECH, entered, or 
withdrawn from warehouse, for consumption on or after April 23, 2007, 
(the effective date), and to discontinue collection of cash deposits of 
antidumping duties. We will instruct CBP to continue to suspend 
liquidation of all entries of subject merchandise from all other 
exporters or producers. CBP shall continue to require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price. The suspension of liquidation instructions will remain in 
effect until further notice. The Section 129 Determination all-others 
rate will be the new cash deposit rate for all exporters of subject 
merchandise for whom the Department has not calculated an individual 
rate.
    With respect to Stainless Steel Bar from Germany, we will instruct 
CBP to liquidate without regard to antidumping duties entries of the 
subject merchandise manufactured and exported by Einsal, entered, or 
withdrawn from warehouse, for consumption on or after April 23, 2007, 
(the effective date), and to discontinue collection of cash deposits of 
antidumping duties. We will instruct CBP to continue to suspend 
liquidation of all entries of subject merchandise from all other 
exporters or producers. CBP shall continue to require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price. The suspension of liquidation instructions will remain in 
effect until further notice. The Section 129 Determination all-others 
rate will be the new cash deposit rate for all

[[Page 25264]]

exporters of subject merchandise for whom the Department has not 
calculated an individual rate.
    With respect to Stainless Steel Bar from Italy, we will instruct 
CBP to liquidate without regard to antidumping duties entries of the 
subject merchandise manufactured and exported by Acciaiera Valbruna 
S.p.A., Acciaiera Foroni S.p.A. and Rodacciai S.p.A., entered, or 
withdrawn from warehouse, for consumption on or after April 23, 2007, 
(the effective date), and to discontinue collection of cash deposits of 
antidumping duties. We will instruct CBP to continue to suspend 
liquidation of all entries of subject merchandise from all other 
exporters or producers. CBP shall continue to require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price. The suspension of liquidation instructions will remain in 
effect until further notice. The Section 129 Determination all-others 
rate will be the new cash deposit rate for all exporters of subject 
merchandise for whom the Department has not calculated an individual 
rate.
    With respect to Stainless Steel Bar from the United Kingdom, we 
will instruct CBP to liquidate without regard to antidumping duties 
entries of the subject merchandise manufactured and exported by Corus 
Engineering Steels Ltd., entered, or withdrawn from warehouse, for 
consumption on or after April 23, 2007, (the effective date), and to 
discontinue collection of cash deposits of antidumping duties. We will 
instruct CBP to continue to suspend liquidation of all entries of 
subject merchandise from all other exporters or producers. CBP shall 
continue to require a cash deposit equal to the estimated amount by 
which the normal value exceeds the U.S. price. The suspension of 
liquidation instructions will remain in effect until further notice. 
The Section 129 Determination all-others rate will be the new cash 
deposit rate for all exporters of subject merchandise for whom the 
Department has not calculated an individual rate.
    With respect to Stainless Steel Wire Rod from Spain, we will 
instruct CBP to continue to suspend liquidation of all entries of 
subject merchandise from all exporters or producers. CBP shall continue 
to require a cash deposit equal to the estimated amount by which the 
normal value exceeds the U.S. price. The suspension of liquidation 
instructions will remain in effect until further notice. The Section 
129 Determination all-others rate will be the new cash deposit rate for 
all exporters of subject merchandise for whom the Department has not 
calculated an individual rate.
    With respect to Stainless Steel Wire Rod from Italy, we will 
instruct CBP to continue to suspend liquidation of all entries of 
subject merchandise from all exporters or producers. CBP shall continue 
to require a cash deposit equal to the estimated amount by which the 
normal value exceeds the U.S. price. The suspension of liquidation 
instructions will remain in effect until further notice. The Section 
129 Determination all-others rate will be the new cash deposit rate for 
all exporters of subject merchandise for whom the Department has not 
calculated an individual rate.
    With respect to Stainless Steel Plate in Coils from Belgium, we 
will instruct CBP to continue to suspend liquidation of all entries of 
subject merchandise from all exporters or producers. CBP shall continue 
to require a cash deposit equal to the estimated amount by which the 
normal value exceeds the U.S. price. The suspension of liquidation 
instructions will remain in effect until further notice. The Section 
129 Determination all-others rate will be the new cash deposit rate for 
all exporters of subject merchandise for whom the Department has not 
calculated an individual rate.
    With respect to Certain Cut-To-Length Carbon-Quality Steel Plate 
Products from Italy, we will instruct CBP to continue to suspend 
liquidation of all entries of subject merchandise from all exporters or 
producers. CBP shall continue to require a cash deposit equal to the 
estimated amount by which the normal value exceeds the U.S. price. The 
suspension of liquidation instructions will remain in effect until 
further notice. The Section 129 Determination all-others rate will be 
the new cash deposit rate for all exporters of subject merchandise for 
whom the Department has not calculated an individual rate.
    With respect to Certain Pasta from Italy, we will instruct CBP to 
continue to suspend liquidation of all entries of subject merchandise 
from all exporters or producers. CBP shall continue to require a cash 
deposit equal to the estimated amount by which the normal value exceeds 
the U.S. price. The suspension of liquidation instructions will remain 
in effect until further notice. The Section 129 Determination all-
others rate will be the new cash deposit rate for all exporters of 
subject merchandise for whom the Department has not calculated an 
individual rate.
    The cash deposit rates will remain unchanged for those companies 
that we are not revoking and whose cash deposit rates since the 
original investigation have been superseded by administrative reviews.
    These Section 129 Determinations are issued and published in 
accordance with section 129(c)(2)(A) of the URAA.

    Dated: April 30, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

    Issues Raised in the Issues and Decision Memorandum
Comment 1: Whether the Department Has the Authority to Implement the 
WTO Appellate Body Decision
Comment 2: Targeted Dumping
Comment 3: Treatment of Unliquidated Entries
Comment 4: Calculation of All-Others Rate
Comment 5: Clerical Error Allegation in the Investigation of 
Stainless Steel Sheet and Strip in Coils from Italy
Comment 6: Clarification of Valbruna Exporter Name
Comment 7: The Department's Briefing Schedule

[FR Doc. 07-2212 Filed 5-3-07; 8:45 am]
BILLING CODE 3510-DS-P