Stainless Steel Bar from Germany; Preliminary Results of the Sunset Review of Antidumping Duty Order, 29970-29971 [E7-10367]

Download as PDF 29970 Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Notices supported by substantial record evidence. See Fuyao Glass III, Slip Op. p. 16. Pursuant to the Court’s ruling, and under respectful protest, the Department concurred that the record evidence does not contain substantial evidence to support a conclusion that prices from Korea and Indonesia are subsidized. See Viraj Group v. United States, 343 F.3d 1371, 1376 (Fed. Cir. 2003). Because the Court found that the evidence on the record does not support the Department’s determination to disregard prices from Korea and Indonesia, in the remand results, the Department determined to calculate the dumping margin for Fuyao and Xinyi based upon prices the plaintiffs actually paid to suppliers located in Korea and Indonesia. Timken Notice In its decision in Timken Co., v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (‘‘Timken’’), the United States Court of Appeals for the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination. The Court’s decision in Fuyao Glass III on May 10, 2007, constitutes a final decision of that court that is not in harmony with the Department’s Final Determination. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will issue revised instructions to U.S. Customs and Border Protection if the Court’s decision is not appealed or if it is affirmed on appeal. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: May 21, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–10380 Filed 5–29–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration sroberts on PROD1PC70 with NOTICES [A–570–848] Freshwater Crawfish Tail Meat from the People’s Republic of China; Notice of Extension of Time Limit for the Preliminary Results of the 2005–2006 Antidumping Duty Administrative Review and New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. AGENCY: VerDate Aug<31>2005 19:13 May 29, 2007 Jkt 211001 EFFECTIVE DATE: May 30, 2007. FOR FURTHER INFORMATION CONTACT: Melissa Blackledge or Jeff Pedersen, AD/ CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–3518 and (202) 482–2769, respectively. SUPPLEMENTARY INFORMATION: Background On October 30, 2006, the Department of Commerce (‘‘Department’’) published a notice of initiation of four new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the People’s Republic of China (‘‘PRC’’). See Freshwater Crawfish Tail Meat From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Reviews, 71 FR 63284 (October 30, 2006). On October 31, 2006, the Department published a notice of initiation of administrative review of the antidumping duty order on freshwater crawfish tail meat from the PRC. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 71 FR 63752 (October 31, 2006). On March 23, 2007, the Department aligned the time limits in the new shipper reviews with the time limits in the administrative review. See Freshwater Crawfish Tail Meat From the People’s Republic of China: Notice of Postponement of Time Limits for New Shipper Antidumping Duty Reviews in Conjunction With Administrative Review, 72 FR 13744 (March 23, 2007). The period of review is September 1, 2005, through August 31, 2006. The preliminary results of the administrative review and the new shipper reviews are currently due no later than June 2, 2007. Extension of Time Limit for Preliminary Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘Act’’), the Department shall make a preliminary determination in an administrative review of an antidumping order within 245 days after the last day of the anniversary month of the date of publication of the order. Section 751(a)(3)(A) of the Act further provides, however, that the Department may extend the 245-day period to 365 days if it determines it is not practicable to complete the review within the foregoing time period. The Department has determined that it is not practicable to complete the instant administrative review and the new shipper reviews within the time limits mandated by section 751(a)(3)(A) of the Act because PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 it requires additional time to analyze several complex sales reporting issues. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is extending the time period for completing the preliminary results of the instant administrative review and new shipper reviews until October 1, 2007, the first business day after the fully extended due date of September 30, 2007. The deadline for the final results of these reviews continues to be 120 days after the publication of the preliminary results. This extension notice is issued and published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: May 22, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–10365 Filed 5–29–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–428–830] Stainless Steel Bar from Germany; Preliminary Results of the Sunset Review of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 1, 2007, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the antidumping duty order on stainless steel bar from Germany. On the basis of the notice of intent to participate by domestic interested parties and adequate responses filed on behalf of the domestic and respondent interested parties, the Department is conducting a full sunset review of the antidumping duty order pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’) and section 351.218(e)(2)(i) of the Department’s regulations. As a result of this sunset review, the Department preliminarily finds that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ‘‘Preliminary Results of Review.’’ EFFECTIVE DATE: May 30, 2007. FOR FURTHER INFORMATION CONTACT: Audrey R. Twyman or Brandon Farlander AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC, 20230; AGENCY: E:\FR\FM\30MYN1.SGM 30MYN1 29971 Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Notices telephone: 202–482–3534 and 202–482– 0182, respectively. SUPPLEMENTARY INFORMATION: sroberts on PROD1PC70 with NOTICES Background On February 1, 2007, the Department published its notice of initiation of the sunset review of the antidumping duty order on stainless steel bar (‘‘SSB’’) from Germany, in accordance with section 751(c) of the Act. See Initiation of Fiveyear (‘‘Sunset’’) Reviews, 72 FR 4689 (February 1, 2007). The Department received the Notice of Intent to Participate from Carpenter Technology Corp.; North American Stainless; Crucible Specialty Metals Division of Crucible Materials Corp.; Electralloy; Outokumpu Stainless Bar, Inc.; Universal Stainless & Alloy Products, Inc.; and Valbruna Slater Stainless, Inc. (collectively ‘‘the domestic interested parties’’), within the deadline specified in section 351.218(d)(1)(i) of the Department’s regulations. The domestic interested parties claimed interested party status under section 771(9)(C) of the Act, as manufacturers of a domestic–like product in the United States. We received a complete substantive response from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received a response from respondent interested parties in Germany; BGH Edelstahl Freital GmbH, BGH Edelstahl Lippendorf GmbH, BGH Edelstahl Lugau GmbH, and BGH Edelstahl Siegen GmbH (collectively ‘‘BGH’’ or ‘‘the respondent interested parties’’). We found this response to be adequate because BGH accounted for more than 50 percent of the exports of subject merchandise from Germany to the United States during the sunset review period (January 1, 2002 through December 31, 2006). See Memorandum to Susan H. Kuhbach entitled, ‘‘Adequacy Determination in Antidumping Duty Sunset Review of Stainless Steel Bar from Germany,’’ (March 23, 2007). Therefore, we are conducting a full sunset review of the antidumping duty order on SSB from Germany as provided for at section 751(c)(5)(A) of the Act, and at 19 CFR 351.218(e)(2)(i). Scope of the Order For the purposes of this order, the term ‘‘stainless steel bar’’ includes articles of stainless steel in straight lengths that have been either hot–rolled, forged, turned, cold–drawn, cold–rolled or otherwise cold–finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, VerDate Aug<31>2005 19:13 May 29, 2007 Jkt 211001 rectangles (including squares), triangles, hexagons, octagons, or other convex polygons. Stainless steel bar includes cold–finished stainless steel bars that are turned or ground in straight lengths, whether produced from hot–rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi– finished products, cut length flat–rolled products (i.e., cut length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), products that have been cut from stainless steel sheet, strip or plate, wire (i.e., cold–formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat–rolled products), and angles, shapes and sections. The stainless steel bar subject to this review is currently classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised in this sunset review are addressed in the ‘‘Issues and Decision Memorandum for the Sunset Review of the Antidumping Duty Order on Stainless Steel Bar from Germany; Preliminary Results’’ (‘‘Decision Memo’’) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated May 22, 2007, which is hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the antidumping duty order was revoked. Parties can find a complete discussion of all issues raised in this sunset review and the corresponding recommendations in this public memo, which is on file in room B–099 of the main Commerce Department Building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 http://ia.ita.doc.gov/frn, under the heading ‘‘May 2007.’’ The paper copy and electronic version of the Decision Memo are identical in content. Preliminary Results of Review The Department preliminarily determines that revocation of the antidumping duty order on SSB from Germany is likely to lead to continuation or recurrence of dumping at the following weighted–average margins: Manufacturers/Producers/Exporters BGH Edelstahl Seigen GmbH / BGH Edelstahl Freital GmbH ........................ Edelstahl Witten– Krefeld GmbH ........... Krupp Edelstahlprofile .. All Others ...................... Weighted–Average Margin (Percent) *COM041*0.73 10.82, as amended 31.25, as amended 15.16, as amended Any interested party may request a hearing within 30 days of publication of this notice in accordance with 19 CFR 351.310(c). Interested parties may submit case briefs no later than 30 days after the date of publication of this notice, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal briefs, which must be limited to issues raised in the case briefs, may be filed no later than 5 days after the case briefs, in accordance with 19 CFR 351.309(d)(1). Any hearing, if requested, will be held two days after rebuttal briefs are due, in accordance with 19 CFR 351.310(d)(1). The Department will issue a notice of final results of this sunset review, which will include the results of its analysis of issues raised in any such briefs, no later than September 29, 2007. This five-year (‘‘sunset’’) review and notice are in accordance with sections 751(c), 752,and 777(i)(1) of the Act. Dated: May 22, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–10367 Filed 5–29–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration U.S. Electronic Education Fairs for China and India International Trade Administration. ACTION: Notice. AGENCY: SUMMARY: U.S. accredited colleges and universities are invited to sponsor the U.S. Electronic Education Fairs for E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Notices]
[Pages 29970-29971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10367]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-830]


Stainless Steel Bar from Germany; Preliminary Results of the 
Sunset Review of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 1, 2007, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on stainless steel bar from Germany. On the basis of the notice of 
intent to participate by domestic interested parties and adequate 
responses filed on behalf of the domestic and respondent interested 
parties, the Department is conducting a full sunset review of the 
antidumping duty order pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act'') and section 351.218(e)(2)(i) of the 
Department's regulations. As a result of this sunset review, the 
Department preliminarily finds that revocation of the antidumping duty 
order would likely lead to continuation or recurrence of dumping at the 
levels listed below in the section entitled ``Preliminary Results of 
Review.''

EFFECTIVE DATE: May 30, 2007.

FOR FURTHER INFORMATION CONTACT: Audrey R. Twyman or Brandon Farlander 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street & 
Constitution Avenue, NW, Washington, DC, 20230;

[[Page 29971]]

telephone: 202-482-3534 and 202-482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2007, the Department published its notice of 
initiation of the sunset review of the antidumping duty order on 
stainless steel bar (``SSB'') from Germany, in accordance with section 
751(c) of the Act. See Initiation of Five-year (``Sunset'') Reviews, 72 
FR 4689 (February 1, 2007).
    The Department received the Notice of Intent to Participate from 
Carpenter Technology Corp.; North American Stainless; Crucible 
Specialty Metals Division of Crucible Materials Corp.; Electralloy; 
Outokumpu Stainless Bar, Inc.; Universal Stainless & Alloy Products, 
Inc.; and Valbruna Slater Stainless, Inc. (collectively ``the domestic 
interested parties''), within the deadline specified in section 
351.218(d)(1)(i) of the Department's regulations. The domestic 
interested parties claimed interested party status under section 
771(9)(C) of the Act, as manufacturers of a domestic-like product in 
the United States.
    We received a complete substantive response from the domestic 
interested parties within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). We received a response from respondent interested 
parties in Germany; BGH Edelstahl Freital GmbH, BGH Edelstahl 
Lippendorf GmbH, BGH Edelstahl Lugau GmbH, and BGH Edelstahl Siegen 
GmbH (collectively ``BGH'' or ``the respondent interested parties''). 
We found this response to be adequate because BGH accounted for more 
than 50 percent of the exports of subject merchandise from Germany to 
the United States during the sunset review period (January 1, 2002 
through December 31, 2006). See Memorandum to Susan H. Kuhbach 
entitled, ``Adequacy Determination in Antidumping Duty Sunset Review of 
Stainless Steel Bar from Germany,'' (March 23, 2007). Therefore, we are 
conducting a full sunset review of the antidumping duty order on SSB 
from Germany as provided for at section 751(c)(5)(A) of the Act, and at 
19 CFR 351.218(e)(2)(i).

Scope of the Order

    For the purposes of this order, the term ``stainless steel bar'' 
includes articles of stainless steel in straight lengths that have been 
either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise 
cold-finished, or ground, having a uniform solid cross section along 
their whole length in the shape of circles, segments of circles, ovals, 
rectangles (including squares), triangles, hexagons, octagons, or other 
convex polygons. Stainless steel bar includes cold-finished stainless 
steel bars that are turned or ground in straight lengths, whether 
produced from hot-rolled bar or from straightened and cut rod or wire, 
and reinforcing bars that have indentations, ribs, grooves, or other 
deformations produced during the rolling process.
    Except as specified above, the term does not include stainless 
steel semi-finished products, cut length flat-rolled products (i.e., 
cut length rolled products which if less than 4.75 mm in thickness have 
a width measuring at least 10 times the thickness, or if 4.75 mm or 
more in thickness having a width which exceeds 150 mm and measures at 
least twice the thickness), products that have been cut from stainless 
steel sheet, strip or plate, wire (i.e., cold-formed products in coils, 
of any uniform solid cross section along their whole length, which do 
not conform to the definition of flat-rolled products), and angles, 
shapes and sections.
    The stainless steel bar subject to this review is currently 
classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 
7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 
7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of 
the United States (``HTSUS''). Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
``Issues and Decision Memorandum for the Sunset Review of the 
Antidumping Duty Order on Stainless Steel Bar from Germany; Preliminary 
Results'' (``Decision Memo'') from Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, to David M. Spooner, Assistant 
Secretary for Import Administration, dated May 22, 2007, which is 
hereby adopted by this notice. The issues discussed in the Decision 
Memo include the likelihood of continuation or recurrence of dumping 
and the magnitude of the margin likely to prevail if the antidumping 
duty order was revoked. Parties can find a complete discussion of all 
issues raised in this sunset review and the corresponding 
recommendations in this public memo, which is on file in room B-099 of 
the main Commerce Department Building. In addition, a complete version 
of the Decision Memo can be accessed directly on the Web at http://
ia.ita.doc.gov/frn, under the heading ``May 2007.'' The paper copy and 
electronic version of the Decision Memo are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that revocation of the 
antidumping duty order on SSB from Germany is likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Producers/Exporters            Margin (Percent)
------------------------------------------------------------------------
BGH Edelstahl Seigen GmbH / BGH Edelstahl Freital           *COM041*0.73
 GmbH...............................................
Edelstahl Witten-Krefeld GmbH.......................   10.82, as amended
Krupp Edelstahlprofile..............................   31.25, as amended
All Others..........................................   15.16, as amended
------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of this notice, in accordance with 19 CFR 
351.309(c)(1)(i). Rebuttal briefs, which must be limited to issues 
raised in the case briefs, may be filed no later than 5 days after the 
case briefs, in accordance with 19 CFR 351.309(d)(1). Any hearing, if 
requested, will be held two days after rebuttal briefs are due, in 
accordance with 19 CFR 351.310(d)(1). The Department will issue a 
notice of final results of this sunset review, which will include the 
results of its analysis of issues raised in any such briefs, no later 
than September 29, 2007.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752,and 777(i)(1) of the Act.

    Dated: May 22, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-10367 Filed 5-29-07; 8:45 am]
BILLING CODE 3510-DS-S