Certain Hot-Rolled Carbon Steel Flat Products from the Netherlands; Final Results of Antidumping Duty Administrative Review, 28676-28678 [E7-9815]
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28676
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices
limit, July 3, 2007, is impracticable
because the Department must analyze
complex issues regarding Ivaco Rolling
Mills 2004 L.P.’s and Sivaco Ontario’s
corporate structures, their affiliations
and corporate relationships, levels of
trade, and cost of production. Because it
is not practicable to complete the review
within the time specified under the Act,
in accordance with section 751(a)(3)(A)
of the Act, the Department is extending
the time limit for completion of the
preliminary results by 120 days to
October 31, 2007. The deadline for the
final results of this administrative
review continues to be 120 days after
the publication of the preliminary
results.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 16, 2007.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E7–9820 Filed 5–21–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–421–807]
Certain Hot–Rolled Carbon Steel Flat
Products from the Netherlands; Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 11, 2006, we
published in the Federal Register the
preliminary results of this
administrative review. See Certain Hot–
Rolled Carbon Steel Flat Products from
the Netherlands; Preliminary Results of
Antidumping Duty Administrative
Review, 71 FR 71523 (December 11,
2006) (Preliminary Results). This review
covers imports of subject merchandise
from Corus Staal BV (Corus Staal) to the
United States during the period
November 1, 2004, to October 31, 2005.
Based on our analysis of the comments
received, we have made changes to the
margin calculation. However, the final
results do not differ from the
preliminary results. The final weighted–
average dumping margin for the
reviewed firm is listed below in the
section entitled ‘‘Final Results of
Review.’’
EFFECTIVE DATE: May 22, 2007.
FOR FURTHER INFORMATION CONTACT:
David Cordell or Robert James, AD/CVD
Operations, Office 7, Import
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Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230,
telephone: (202) 482–0409 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2006, we published
in the Federal Register the preliminary
results of this administrative review.
See Preliminary Results. In response to
the Department’s invitation to comment
on the preliminary results of this
review, Corus (respondent) and
domestic interested party Mittal Steel
USA Inc. (Mittal Steel) filed case briefs
on January 17, 2007. Corus, Mittal Steel
and petitioner United States Steel
Corporation (U.S. Steel) submitted
rebuttal briefs on January 24, 2007, and
on January 25, 2007, domestic interested
party Nucor Corporation (Nucor) filed a
rebuttal brief. On March 23, 2007, the
Department extended the final results
by 35 days. See Certain Hot–Rolled
Carbon Steel Flat Products from the
Netherlands; Antidumping Duty
Administrative Review; Extension of
Time Limit, 72 FR 13744 (March 23,
2007).
On May 4, 2007, Corus submitted a
request for the Department to rescind
the review in light of the Department ’s
Final Results for the Section 129
Determination: Certain Hot–rolled
Carbon Steel from the Netherlands
(April 9, 2007) and the U.S. Trade
Representative’s instructions to the
Department to implement those findings
under Section 129 of the Uruguay
Round Agreements Act. See
Implementation of the Findings of the
WTO Panel in US–Zeroing (EC): Notice
of Determinations under Section 129 of
the Uruguay Agreements Act and
Revocations and Partial Revocations of
Certain Antidumping Duty Orders, 72
FR 25, 261 (May 4, 2007). On May 11,
2007, Mittal Steel and Nucor submitted
responses to Corus Staal’s request. The
request for rescission is well past the
deadline for such requests and
furthermore Corus Staal itself did not
request the review, thus making it
ineligible to request rescission. See 19
CFR 351.213(d)(1). Corus’ arguments
regarding the section 129 determination
are addressed in the Issues and
Decisions Memorandum, (Decision
Memorandum) which accompanies this
Notice, at issue 4.
Period of Review
The period of review (POR) is
November 1, 2004, to October 31, 2005.
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Scope of the Order
For purposes of this order, the
products covered 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
lengths, 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 the 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 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 (HTS), 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, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical
and chemical description provided
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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., ASTM
specifications A543, A387, A514,
A517, A506).
• Society of Automotive Engineers
(SAE)/American Iron and Steel
Institute (AISI) grades of series 2300
and higher.
• Ball bearings steels, as defined in
the HTS.
• Tool steels, as defined in the HTS.
• Silico–manganese (as defined in the
HTS) 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
HTS.
The merchandise subject to this order
is classified in the HTS at 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 flat–
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
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18:21 May 21, 2007
Jkt 211001
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 HTS
subheadings are provided for
convenience and U.S. Customs
purposes, the written description of the
scope of this order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Decision Memorandum from
Stephen J. Claeys, Deputy Assistant
Secretary for AD/CVD Operations, to
David M. Spooner, Assistant Secretary
for Import Administration, dated May
15, 2007, which is hereby adopted by
this notice. A list of the issues which
parties have raised and to which we
have responded, all of which are in the
Decision Memorandum, is attached to
this notice as an appendix. Parties can
find a complete discussion of all issues
raised in this review and the
corresponding recommendations in this
public memorandum, which is on file in
the Central Records Unit, room B–099 of
the main Department building. In
addition, a complete version of the
Decision Memorandum can be accessed
directly via the Internet at
www.ia.ita.doc.gov. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Duty Absorption
In the Preliminary Results, the
Department found that Corus Staal
absorbed antidumping duties on all U.S.
sales in accordance with section
751(a)(4) of the Tariff Act of 1930, as
amended (the Tariff Act). Corus Staal
has failed to provide evidence that the
unaffiliated customers in the United
States will pay the full duty ultimately
assessed on the subject merchandise.
See Comment 6 of the Issues and
Decisions Memorandum. Thus, for the
final results of this review, we continue
to find that Corus Staal absorbed
antidumping duties.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made the
following changes to the margin
calculation:
• We corrected a clerical error that
erroneously compared U.S. control
numbers to comparison market
product codes.
• We corrected a clerical error
involving the CEP profit rate.
These changes are discussed in the
relevant sections of the Decision
Memorandum.
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28677
Final Results of Review
We determine that the following
weighted–average percentage margin
exists for the period November 1, 2004,
to October 31, 2005:
Manufacturer/Exporter
Weighted Average
Margin (percentage)
Corus Staal BV ...........
2.52
Assessment
The Department shall determine, and
the CBP shall assess, antidumping
duties on all appropriate entries. In
accordance with 19 CFR 351.212(b)(1),
we have calculated importer–specific
assessment rates for the merchandise
based on the ratio of the total amount of
antidumping duties calculated for the
examined sales made during the POR to
the total customs value of the sales used
to calculate those duties. The
Department will issue appropriate ad
valorem assessment instructions
directly to CBP 15 days after publication
of these final results of review. We will
direct CBP to assess the resulting
assessment rate against the entered
customs values for the subject
merchandise on each of the importer’s
entries during the POR.
Cash Deposit Requirements
On May 4, 2007, the Department
published a FR notice that, inter alia,
revoked this order, effective April 23,
2007. See 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, 72 FR 25,261
(May 4,2007). Therefore, there is no
need to issue new cash deposit
instructions for this administrative
review.
Notification to Interested Parties
This notice also serves as a final
reminder to importers of their
responsibility under 19 C.F.R.
§ 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
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Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices
disclosed under APO in accordance
with 19 C.F.R. § 351.305, that continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: May 15, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix – Issues in Decision
Memorandum
1. Simplified Reporting and Further–
Manufactured Imports
2. G&A expenses
3. Constructed Export Price (CEP) Profit
Rate
4. Offsetting Dumped Sales with Non–
Dumped Sales
5. Classification of JIT Deliveries as CEP
Sales
6. Duty Absorption
7. Warranty Expenses
8. Clerical Errors
[FR Doc. E7–9815 Filed 5–21–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Dated: May 16, 2007.
James M. Turner,
Deputy Director.
[FR Doc. E7–9826 Filed 5–21–07; 8:45 am]
Notice of Prospective Grant of
Exclusive Patent License
National Institute of Standards
and Technology, Commerce.
SUMMARY: This is a notice in accordance
with 35 U.S.C. 209(c)(1) and 37 CFR
404.7(a)(1)(i) that the National Institute
of Standards and Technology (‘‘NIST’’),
U.S. Department of Commerce, is
contemplating the grant of an exclusive
license in the United States of America,
its territories, possessions and
commonwealths, to NIST’s interest in
the invention embodied in U.S. Patent
No. 5,620,857 (Application No. 08/
473,979), titled ‘‘Optical Trap for
Detection and Quantitation of
Subzeptomolar Quantities of Analytes,’’
NIST Docket No. 94–042US to
Haemonetics Corporation, having a
place of business at 400 Wood Road,
Braintree, Massachusetts 02184–9114.
The grant of the license would be for the
field of use: Chemical and biological
material sensing and measurement for
medical diagnostics.
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AGENCY:
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J.
Terry Lynch, National Institute of
Standards and Technology, Office of
Technology Partnerships, 100 Bureau
Drive, Stop 2200, Gaithersburg, MD
20899, Phone 301–975–2691.
SUPPLEMENTARY INFORMATION: The
prospective exclusive license will be
royalty bearing and will comply with
the terms and conditions of 35 U.S.C.
209 and 37 CFR 404.7. The prospective
exclusive license may be granted unless,
within thirty days from the date of this
published Notice, NIST receives written
evidence and argument which establish
that the grant of the license would not
be consistent with the requirements of
35 U.S.C. 209 and 37 CFR 404.7. The
availability of the invention for
licensing was published in the Federal
Register on June 24, 2003.
U.S. Patent No. 5,620,857 is owned by
the U.S. government, as represented by
the Secretary of Commerce. Tightly
focused beams of laser light are used as
‘‘optical tweezers’’ to trap and
manipulate polarizable objects such as
microspheres of glass or latex with
diameters on the order of 4.5 .mu.m.
When analytes are allowed to adhere to
the microspheres, small quantities of
these analytes can be manipulated, thus
allowing their detection and
quantitation even when amounts and
concentrations of the analytes are
extremely small. Illustrative examples
include measuring the strength needed
to break antibody-antigen bonds and the
detection of DNA sequences.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No.: 070427102–7103–01]
Request for Technical Input—
Standards in Trade Workshops
National Institute of Standards
and Technology, Commerce.
ACTION: Request for workshop
recommendations.
AGENCY:
SUMMARY: The National Institute of
Standards and Technology (NIST)
invites interested parties to submit
recommendations for workshops
covering specific sectors and targeted
countries or regions of the world where
training in the U.S. system of standards
development, conformity assessment,
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and metrology may facilitate trade.
Prospective workshops will be
scheduled for a one week period. This
notice is not an invitation for proposals
to fund grants, contracts or cooperative
agreements of any kind. NIST will offer
a limited number of workshops, based
upon the availability of resources.
Recommenders are encouraged to
consider Administration priorities
outlined in the 2006 National Export
Strategy. NIST will consider
recommendations based upon which
workshops would be most useful to
intended audiences.
DATES: All recommendations must be
submitted no later than 5 p.m., June 21,
2007.
ADDRESSES: All recommendations must
be submitted to Ellen Emard via email(ellen.emard@nist.gov) or by mail to
100 Bureau Drive, Mail Stop 2100,
Gaithersburg, MD 20899. The National
Export Strategy is available at https://
www.ita.doc.gov/media/publications/.
Additional information about the NIST
Standards in Trade Workshops,
including schedules and summary
reports for workshops held to date and
participant information, is available at
https://ts.nist.gov/standards/global/
sitdescr.cfm.
FOR FURTHER INFORMATION CONTACT:
Ellen Emard (301) 975–4038,
ellen.emard@nist.gov.
The
Standards in Trade Workshops are a
major activity of the Global Standards
and Information Group in the NIST
Standards Services Division. The
workshops are designed to provide
timely information to foreign standards
officials on U.S. practices in standards
and conformity assessment. Participants
are introduced to U.S. technology and
principles in metrology, standards
development and application, and
conformity assessment systems and
procedures.
Each workshop is a one week program
offering an overview of the roles of the
U.S. Government, private sector, and
regional and international organizations
engaged in standards development and
conformity assessment practices.
Specific workshop objectives are to: (1)
Familiarize participants with U.S.
technology and practices in metrology,
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the roles of the U.S. Government and
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SUPPLEMENTARY INFORMATION:
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[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Notices]
[Pages 28676-28678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9815]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-807]
Certain Hot-Rolled Carbon Steel Flat Products from the
Netherlands; Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 11, 2006, we published in the Federal Register the
preliminary results of this administrative review. See Certain Hot-
Rolled Carbon Steel Flat Products from the Netherlands; Preliminary
Results of Antidumping Duty Administrative Review, 71 FR 71523
(December 11, 2006) (Preliminary Results). This review covers imports
of subject merchandise from Corus Staal BV (Corus Staal) to the United
States during the period November 1, 2004, to October 31, 2005. Based
on our analysis of the comments received, we have made changes to the
margin calculation. However, the final results do not differ from the
preliminary results. The final weighted-average dumping margin for the
reviewed firm is listed below in the section entitled ``Final Results
of Review.''
EFFECTIVE DATE: May 22, 2007.
FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
0409 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2006, we published in the Federal Register the
preliminary results of this administrative review. See Preliminary
Results. In response to the Department's invitation to comment on the
preliminary results of this review, Corus (respondent) and domestic
interested party Mittal Steel USA Inc. (Mittal Steel) filed case briefs
on January 17, 2007. Corus, Mittal Steel and petitioner United States
Steel Corporation (U.S. Steel) submitted rebuttal briefs on January 24,
2007, and on January 25, 2007, domestic interested party Nucor
Corporation (Nucor) filed a rebuttal brief. On March 23, 2007, the
Department extended the final results by 35 days. See Certain Hot-
Rolled Carbon Steel Flat Products from the Netherlands; Antidumping
Duty Administrative Review; Extension of Time Limit, 72 FR 13744 (March
23, 2007).
On May 4, 2007, Corus submitted a request for the Department to
rescind the review in light of the Department 's Final Results for the
Section 129 Determination: Certain Hot-rolled Carbon Steel from the
Netherlands (April 9, 2007) and the U.S. Trade Representative's
instructions to the Department to implement those findings under
Section 129 of the Uruguay Round Agreements Act. See Implementation of
the Findings of the WTO Panel in US-Zeroing (EC): Notice of
Determinations under Section 129 of the Uruguay Agreements Act and
Revocations and Partial Revocations of Certain Antidumping Duty Orders,
72 FR 25, 261 (May 4, 2007). On May 11, 2007, Mittal Steel and Nucor
submitted responses to Corus Staal's request. The request for
rescission is well past the deadline for such requests and furthermore
Corus Staal itself did not request the review, thus making it
ineligible to request rescission. See 19 CFR 351.213(d)(1). Corus'
arguments regarding the section 129 determination are addressed in the
Issues and Decisions Memorandum, (Decision Memorandum) which
accompanies this Notice, at issue 4.
Period of Review
The period of review (POR) is November 1, 2004, to October 31,
2005.
Scope of the Order
For purposes of this order, the products covered 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 lengths,
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 the
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 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 (HTS), 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, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical and chemical description
provided
[[Page 28677]]
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., ASTM
specifications A543, A387, A514, A517, A506).
Society of Automotive Engineers (SAE)/American Iron and
Steel Institute (AISI) grades of series 2300 and higher.
Ball bearings steels, as defined in the HTS.
Tool steels, as defined in the HTS.
Silico-manganese (as defined in the HTS) 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 HTS.
The merchandise subject to this order is classified in the HTS at
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 flat-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 HTS
subheadings are provided for convenience and U.S. Customs purposes, the
written description of the scope of this order is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Decision Memorandum
from Stephen J. Claeys, Deputy Assistant Secretary for AD/CVD
Operations, to David M. Spooner, Assistant Secretary for Import
Administration, dated May 15, 2007, which is hereby adopted by this
notice. A list of the issues which parties have raised and to which we
have responded, all of which are in the Decision Memorandum, is
attached to this notice as an appendix. Parties can find a complete
discussion of all issues raised in this review and the corresponding
recommendations in this public memorandum, which is on file in the
Central Records Unit, room B-099 of the main Department building. In
addition, a complete version of the Decision Memorandum can be accessed
directly via the Internet at www.ia.ita.doc.gov. The paper copy and
electronic version of the Decision Memorandum are identical in content.
Duty Absorption
In the Preliminary Results, the Department found that Corus Staal
absorbed antidumping duties on all U.S. sales in accordance with
section 751(a)(4) of the Tariff Act of 1930, as amended (the Tariff
Act). Corus Staal has failed to provide evidence that the unaffiliated
customers in the United States will pay the full duty ultimately
assessed on the subject merchandise. See Comment 6 of the Issues and
Decisions Memorandum. Thus, for the final results of this review, we
continue to find that Corus Staal absorbed antidumping duties.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made the
following changes to the margin calculation:
We corrected a clerical error that erroneously compared
U.S. control numbers to comparison market product codes.
We corrected a clerical error involving the CEP profit
rate.
These changes are discussed in the relevant sections of the Decision
Memorandum.
Final Results of Review
We determine that the following weighted-average percentage margin
exists for the period November 1, 2004, to October 31, 2005:
------------------------------------------------------------------------
Weighted Average
Manufacturer/Exporter Margin (percentage)
------------------------------------------------------------------------
Corus Staal BV..................................... 2.52
------------------------------------------------------------------------
Assessment
The Department shall determine, and the CBP shall assess,
antidumping duties on all appropriate entries. In accordance with 19
CFR 351.212(b)(1), we have calculated importer-specific assessment
rates for the merchandise based on the ratio of the total amount of
antidumping duties calculated for the examined sales made during the
POR to the total customs value of the sales used to calculate those
duties. The Department will issue appropriate ad valorem assessment
instructions directly to CBP 15 days after publication of these final
results of review. We will direct CBP to assess the resulting
assessment rate against the entered customs values for the subject
merchandise on each of the importer's entries during the POR.
Cash Deposit Requirements
On May 4, 2007, the Department published a FR notice that, inter
alia, revoked this order, effective April 23, 2007. See 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, 72 FR 25,261 (May 4,2007). Therefore, there is no need to issue
new cash deposit instructions for this administrative review.
Notification to Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 C.F.R. Sec. 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 the antidumping duties occurred and
the subsequent assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information
[[Page 28678]]
disclosed under APO in accordance with 19 C.F.R. Sec. 351.305, that
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 15, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix - Issues in Decision Memorandum
1. Simplified Reporting and Further-Manufactured Imports
2. G&A expenses
3. Constructed Export Price (CEP) Profit Rate
4. Offsetting Dumped Sales with Non-Dumped Sales
5. Classification of JIT Deliveries as CEP Sales
6. Duty Absorption
7. Warranty Expenses
8. Clerical Errors
[FR Doc. E7-9815 Filed 5-21-07; 8:45 am]
BILLING CODE 3510-DS-S