Partial Rescission of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Canada, 51408-51409 [E7-17705]
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Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–274–804]
Carbon and Certain Alloy Steel Wire
Rod from Trinidad & Tobago:
Amended Notice of Court Decision Not
In Harmony with Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 8, 2007, the
United States Court of International
Trade (‘‘CIT’’) affirmed the final remand
results made by the Department of
Commerce (‘‘the Department’’) pursuant
to the CIT’s remand of the final results
of antidumping duty administrative
review of the antidumping order on
carbon and certain alloy steel wire rod
from Trinidad & Tobago. See Mittal
Steel Point Lisas Ltd. v. United States,
Slip Op. 07–120, (Ct. Int’l Trade)
(August 8, 2007). This case arises out of
the Department’s final results in the
administrative review covering the
period October 1, 2003, through
September 30, 2004. See Notice of Final
Results of Antidumping Duty
Administrative Review: Carbon and
Certain Alloy Steel Wire Rod from
Trinidad and Tobago, 70 FR 69512
(November 16, 2005) (‘‘Final Results’’).
The judgment in this case was not in
harmony with the Department’s Final
Results. As a result of an inadvertent
error, the version of this notice released
on Wednesday, August 15, 2007,
contained a typographical error to the
recalculated margin for these final
remand results. This amended notice
corrects this error. Because this error
was discovered prior to publication in
the Federal Register, this amendment is
being published in place of the original
version released on August 15, 2007.
EFFECTIVE DATE: August 18, 2007.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Stephanie Moore,
AD/CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington DC 20230;
telephone: (202) 482–5973 or (202) 482–
3692, respectively.
SUPPLEMENTARY INFORMATION: In Mittal
Steel Point Lisas Ltd. v. United States,
Slip Op. 07–60, (Ct. Int’l Trade) (April
24, 2007), the CIT remanded the
underlying Final Results to the
Department to re–examine its decision
regarding its calculation of credit
expenses and inventory costs used to
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18:34 Sep 06, 2007
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calculate constructed export price, given
the treatment of the date of invoice as
the date of sale in this review.
On May 21, 2007, the Department
released a draft of the final remand
results to interested parties and
requested that they submit comments by
May 29, 2007. On May 25, 2007,
respondent submitted comments.
Petitioners did not submit comments.
On June 15, 2007, the Department
issued to the CIT its final remand
results. In the final remand results the
Department made a change to the credit
expenses used in the constructed export
price calculation. The Department also
changed the inventory costs used in its
constructed export calculation to reflect
the date of invoice as the date of sale.
Thus, the Department recalculated the
antidumping duty rates applicable to
applicable to Mittal Steel Point Lisas,
Ltd. On August 8, 2007, the CIT
sustained the Department’s final remand
results. The recalculated margin for
these final remand results is 4.08
percent.
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
(‘‘CAFC’’) 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, and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The CIT’s
decision in this case on August 8, 2007,
constitutes a decision of the court that
is not in harmony with the Department’s
Final Results. This notice is published
in fulfillment of the publication
requirements of Timken. Accordingly,
the Department will continue the
suspension of liquidation of the subject
merchandise pending the expiration of
the period of appeal or, if appealed,
pending a final and conclusive court
decision. In the event the CIT’s ruling is
not appealed or, if appealed, upheld by
the CAFC, the Department will instruct
U.S. Customs and Border Protection to
revise the cash deposit rate covering the
subject merchandise.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: August 30, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–17701 Filed 9–6–07; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–840]
Partial Rescission of Antidumping
Duty Administrative Review: Carbon
and Certain Alloy Steel Wire Rod from
Canada
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 7, 2007.
FOR FURTHER INFORMATION CONTACT:
Steve Bezirganian 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) 482–1131 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 2, 2006, the Department
issued a notice of opportunity to request
an administrative review of this order
for the October 1, 2005 through
September 30, 2006 period of review
(POR). See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 71
FR 57920 (October 2, 2006). On October
31, 2006, Mittal Canada Inc. (formerly
Ispat Sidbec Inc.) requested an
administrative review of its entries that
were subject to the antidumping duty
order for this period. On that same date,
the Department also received requests
from petitioners for a review of Ivaco,
Inc. and Ivaco Rolling Mills L.P., and
from Ivaco Rolling Mills 2004 L.P. and
Sivaco Ontario, a division of Sivaco
Wire Group 2004 L.P., for a review of
those companies. On November 27,
2006, the Department published the
notice of initiation of this antidumping
duty administrative review, covering
Ivaco Rolling Mills 2004 L.P., Mittal
Canada Inc. (formerly Ispat Sidbec Inc.),
and Sivaco Ontario Processing (a
division of Sivaco Wire Group 2004
L.P.). See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 71 FR 68535 (November 27,
2006).1
1 Note that the Department recently concluded a
changed circumstance review, in which it
determined that, as of the publication of that final
changed circumstance review, ‘‘(1) Ivaco Rolling
Mills 2004 L.P. is the successor-in-interest to Ivaco
Rolling Mills L.P.; and (2) Sivaco Ontario, a
division of Sivaco Wire Group 2004 L.P., is the
successor-in-interest to Ivaco Inc. for antidumping
duty cash deposit purposes.’’ See Notice of Final
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Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Notices
Partial Rescission of Review
On February 20, 2007, Mittal Canada
Inc. (formerly Ispat Sidbec Inc.)
withdrew its request for an
administrative review of its entries
during the above–referenced period.
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the party
who requested the review withdraws
the request within 90 days of the date
of publication of notice of initiation of
the requested review. Because Mittal
Canada Inc. (formerly Ispat Sidbec Inc.)
withdrew its request for review within
the 90-day period and no other party
requested a review of its entries, in
accordance with 19 CFR 351.213(d)(1),
we are rescinding this review with
respect to Mittal Canada Inc. (formerly
Ispat Sidbec Inc.).
The Department will issue
appropriate assessment instructions
directly to the U.S. Customs and Border
Protection (CBP) 15 days after the
publication of this notice. The
Department will direct CBP to assess
antidumping duties at the cash deposit
rate in effect on the date of entry for
entries of subject merchandise produced
and/or exported by Mittal Canada Inc.
(formerly Ispat Sidbec Inc.) during the
period October 1, 2005, through
September 30, 2006.
This notice is published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: August 31, 2007.
Gary Taverman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–17705 Filed 9–6–07; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–868]
Folding Metal Tables and Chairs from
the People’s Republic of China: Notice
of Final Results of Expedited Sunset
Review of Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 7, 2007.
FOR FURTHER INFORMATION CONTACT:
Matthew Quigley at (202) 482–4551,
AD/CVD Operations, Office 8, Import
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AGENCY:
Results of Antidumping Duty Changed
Circumstances Review: Carbon and Certain Alloy
Steel Wire Rod from Canada, 72 FR 15102, 15103
(March 30, 2007).
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Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
SUMMARY: On May 1, 2007, the
Department of Commerce (‘‘the
Department’’) initiated a sunset review
of the antidumping duty order on
folding metal tables and chairs from the
People’s Republic of China (‘‘PRC’’). On
the basis of a notice of intent to
participate, and an adequate substantive
response filed on behalf of domestic
interested parties, as well as a lack of
response from respondent interested
parties, the Department conducted an
expedited (120-day) sunset review. As a
result of the sunset review, the
Department finds that revocation of the
antidumping duty order would be likely
to lead to continuation or recurrence of
dumping. The dumping margins are
identified in the Final Results of Review
section of this notice.
SUPPLEMENTARY INFORMATION:
Background:
On May 1, 2007, the Department
published the notice of initiation of the
sunset review of the antidumping duty
order on folding metal tables and chairs
from the PRC pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(‘‘the Act’’). See Initiation of Five-year
(‘‘Sunset’’) Reviews, 72 FR 23799 (May
1, 2007) (‘‘Initiation Notice’’). On May
16, 2007, the Department received a
notice of intent to participate from
domestic interested parties, Meco
Corporation (‘‘Meco’’) and KI, within
the deadline specified in section
315.218(d)(1)(i) of the Department’s
regulations. Meco and KI claimed
interested party status under section
771(9)(C) of the Act, as domestic
producers of folding metal tables and
chairs in the United States. On May 31,
2007, the Department received a
substantive response from domestic
interested parties within the deadline
specified in section 351.218(d)(3)(i) of
the Department’s regulations. We did
not receive responses from any
respondent interested parties to this
proceeding. As a result, pursuant to
section 751(c)(3)(B) of the Act and
section 351.218(e)(1)(ii)(C)(2) of the
Department’s regulations, the
Department determined to conduct an
expedited review of the order.
Scope of the Order:
The products covered by this order
consist of assembled and unassembled
folding tables and folding chairs made
primarily or exclusively from steel or
other metal, as described below:
1) Assembled and unassembled
folding tables made primarily or
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51409
exclusively from steel or other metal
(folding metal tables). Folding metal
tables include square, round,
rectangular, and any other shapes with
legs affixed with rivets, welds, or any
other type of fastener, and which are
made most commonly, but not
exclusively, with a hardboard top
covered with vinyl or fabric. Folding
metal tables have legs that mechanically
fold independently of one another, and
not as a set. The subject merchandise is
commonly, but not exclusively, packed
singly, in multiple packs of the same
item, or in five piece sets consisting of
four chairs and one table. Specifically
excluded from the scope of the order
regarding folding metal tables are the
following:
a. Lawn furniture;
b. Trays commonly referred to as ‘‘TV
trays’’;
c. Side tables;
d. Child–sized tables;
e. Portable counter sets consisting of
rectangular tables 36’’ high and
matching stools; and,
f. Banquet tables. A banquet table is
a rectangular table with a plastic or
laminated wood table top
approximately 28’’ to 36’’ wide by
48’’ to 96’’ long and with a set of
folding legs at each end of the table.
One set of legs is composed of two
individual legs that are affixed
together by one or more cross–
braces using welds or fastening
hardware. In contrast, folding metal
tables have legs that mechanically
fold independently of one another,
and not as a set.
2) Assembled and unassembled
folding chairs made primarily or
exclusively from steel or other metal
(folding metal chairs). Folding metal
chairs include chairs with one or more
cross–braces, regardless of shape or size,
affixed to the front and/or rear legs with
rivets, welds or any other type of
fastener. Folding metal chairs include:
those that are made solely of steel or
other metal; those that have a back pad,
a seat pad, or both a back pad and a seat
pad; and those that have seats or backs
made of plastic or other materials. The
subject merchandise is commonly, but
not exclusively, packed singly, in
multiple packs of the same item, or in
five piece sets consisting of four chairs
and one table. Specifically excluded
from the scope of the order regarding
folding metal chairs are the following:
a. Folding metal chairs with a wooden
back or seat, or both;
b. Lawn furniture;
c. Stools;
d. Chairs with arms; and
e. Child–sized chairs.
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[Federal Register Volume 72, Number 173 (Friday, September 7, 2007)]
[Notices]
[Pages 51408-51409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17705]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-840]
Partial Rescission of Antidumping Duty Administrative Review:
Carbon and Certain Alloy Steel Wire Rod from Canada
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 7, 2007.
FOR FURTHER INFORMATION CONTACT: Steve Bezirganian 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-
1131 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 2006, the Department issued a notice of opportunity
to request an administrative review of this order for the October 1,
2005 through September 30, 2006 period of review (POR). See Antidumping
or Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review, 71 FR 57920 (October 2,
2006). On October 31, 2006, Mittal Canada Inc. (formerly Ispat Sidbec
Inc.) requested an administrative review of its entries that were
subject to the antidumping duty order for this period. On that same
date, the Department also received requests from petitioners for a
review of Ivaco, Inc. and Ivaco Rolling Mills L.P., and from Ivaco
Rolling Mills 2004 L.P. and Sivaco Ontario, a division of Sivaco Wire
Group 2004 L.P., for a review of those companies. On November 27, 2006,
the Department published the notice of initiation of this antidumping
duty administrative review, covering Ivaco Rolling Mills 2004 L.P.,
Mittal Canada Inc. (formerly Ispat Sidbec Inc.), and Sivaco Ontario
Processing (a division of Sivaco Wire Group 2004 L.P.). See Initiation
of Antidumping and Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 71 FR 68535 (November 27, 2006).\1\
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\1\ Note that the Department recently concluded a changed
circumstance review, in which it determined that, as of the
publication of that final changed circumstance review, ``(1) Ivaco
Rolling Mills 2004 L.P. is the successor-in-interest to Ivaco
Rolling Mills L.P.; and (2) Sivaco Ontario, a division of Sivaco
Wire Group 2004 L.P., is the successor-in-interest to Ivaco Inc. for
antidumping duty cash deposit purposes.'' See Notice of Final
Results of Antidumping Duty Changed Circumstances Review: Carbon and
Certain Alloy Steel Wire Rod from Canada, 72 FR 15102, 15103 (March
30, 2007).
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[[Page 51409]]
Partial Rescission of Review
On February 20, 2007, Mittal Canada Inc. (formerly Ispat Sidbec
Inc.) withdrew its request for an administrative review of its entries
during the above-referenced period. Pursuant to 19 CFR 351.213(d)(1),
the Secretary will rescind an administrative review, in whole or in
part, if the party who requested the review withdraws the request
within 90 days of the date of publication of notice of initiation of
the requested review. Because Mittal Canada Inc. (formerly Ispat Sidbec
Inc.) withdrew its request for review within the 90-day period and no
other party requested a review of its entries, in accordance with 19
CFR 351.213(d)(1), we are rescinding this review with respect to Mittal
Canada Inc. (formerly Ispat Sidbec Inc.).
The Department will issue appropriate assessment instructions
directly to the U.S. Customs and Border Protection (CBP) 15 days after
the publication of this notice. The Department will direct CBP to
assess antidumping duties at the cash deposit rate in effect on the
date of entry for entries of subject merchandise produced and/or
exported by Mittal Canada Inc. (formerly Ispat Sidbec Inc.) during the
period October 1, 2005, through September 30, 2006.
This notice is published in accordance with section 777(i)(1) of
the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).
Dated: August 31, 2007.
Gary Taverman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-17705 Filed 9-6-07; 8:45 am]
BILLING CODE 3510-DS-S
