Certain Cut-to-Length Carbon Steel Plate From Romania: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review, 65700-65701 [E7-22863]

Download as PDF 65700 Federal Register / Vol. 72, No. 225 / Friday, November 23, 2007 / Notices Dated at Washington, DC, November 19, 2007. Ivy L. Davis, Acting Chief, Regional Programs Coordination Unit. [FR Doc. E7–22859 Filed 11–21–07; 8:45 am] BILLING CODE 6335–02–P COMMISSION ON CIVIL RIGHTS Sunshine Act Notice United States Commission on Civil Rights. ACTION: Notice of meeting and briefing. DATE AND TIME: Monday, December 3, 2007; 9 a.m. Meeting. 10 a.m. Briefing. PLACE: U.S. Commission on Civil Rights, 624 Ninth Street, NW., Rm. 540, Washington, DC 20425. AGENCY: Meeting Agenda I. Approval of Agenda. II. Approval of Minutes of October 12, Meeting. III. Program Planning. • Racial Preferences and the California Department of Transportation. IV. Adjourn Meeting. Carolina, adjacent to the Durham Customs and Border Protection port of entry (FTZ Docket 16–2007; filed 4/19/ 07); Whereas, notice inviting public comment was given in the Federal Register (72 FR 21219, 4/30/07) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the requirements of the FTZ Act and Board’s regulations are satisfied, and that the proposal is in the public interest; Now, therefore, the Board hereby orders: The application to expand FTZ 214 is approved, subject to the FTZ Act and the Board’s regulations, including Section 400.28. Signed at Washington, DC, this 2nd day of November 2007. David M. Spooner, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, ForeignTrade Zones Board. Andrew McGilvray, Executive Secretary. [FR Doc. 07–5775 Filed 11–21–07; 8:45 am] Briefing Agenda Topic: Minorities in Special Education. I. Introductory Remarks by Chairman. II. Speakers’ Presentations. III. Questions by Commissioners and Staff Director. IV. Adjourn Briefing. BILLING CODE 3510–DS–M CONTACT PERSON FOR FURTHER INFORMATION: Robert Lerner, Press [A–485–803] and Communications, (202) 376–8582. Dated: November 20, 2007. David Blackwood, General Counsel. [FR Doc. 07–5833 Filed 11–20–07; 3:14 pm] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1531] Expansion of Foreign-Trade Zone 214 Lenoir County, NC mstockstill on PROD1PC66 with NOTICES Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the following Order. Whereas, the North Carolina Global TransPark Authority, grantee of ForeignTrade Zone 214, submitted an application to the Board for authority to expand the zone to include an additional site in Rocky Mount, North VerDate Aug<31>2005 16:16 Nov 21, 2007 Jkt 214001 DEPARTMENT OF COMMERCE International Trade Administration Certain Cut-to-Length Carbon Steel Plate From Romania: 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 November 7, 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 certain cutto-length carbon steel plate from Romania. See Mittal Steel Galati S.A., Formerly Known as Ispat Sidex S.A. v. United States, Slip Op. 07–110 (CIT) (July 18, 2007) (Mittal Steel). This case arises out of the Department’s final results in the administrative review covering the period August 1, 2002, through July 31, 2003. See Certain Cutto-Length Carbon Steel Plate from Romania: Final Results and Final AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Partial Rescission of Antidumping Duty Administrative Review, 70 FR 12651 (March 15, 2005), and accompanying Issues and Decision Memorandum (Final Results). The judgment in this case was not in harmony with the Department’s Final Results. DATES: Effective Date: November 23, 2007. FOR FURTHER INFORMATION CONTACT: John Drury or Dena Crossland, 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) 482–0195 or (202) 482– 3362, respectively. SUPPLEMENTARY INFORMATION: In Mittal Steel, the CIT remanded the underlying Final Results to the Department to reexamine its use of Filipino data to value limestone as well as the decision to value scrap as an input. The Department issued a draft redetermination on remand to interested parties for comment on September 21, 2007. No parties commented on the draft redetermination. On October 1, 2007, the Department issued to the CIT its final remand results. In the final remand results, the Department provided an offset for scrap generated and re-used in the production process by Mittal Steel Galati S.A., formerly known as Ispat Sidex (Mittal), and reconsidered its valuation of the limestone input used to manufacture cut-to-length carbon steel plate for this proceeding. Thus, the Department recalculated the antidumping duty rate applicable to Mittal. On November 7, 2007, the CIT sustained the Department’s final remand results. The recalculated margin for these final remand results is 7.29 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 November 7, 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 E:\FR\FM\23NON1.SGM 23NON1 Federal Register / Vol. 72, No. 225 / Friday, November 23, 2007 / Notices 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: November 16, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–22863 Filed 11–21–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–836] Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Intent To Rescind Administrative Review in Part Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests by interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain cut-to-length carbon-quality steel plate products from the Republic of Korea. This review covers three producers/ exporters of the subject merchandise. The period of review (POR) is February 1, 2006, through January 31, 2007. The Department has preliminarily determined that certain companies subject to this review made U.S. sales at prices less than normal value. If these preliminary results are adopted in our final results of administrative review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Interested parties are invited to comment on these preliminary results of review. We will issue the final results of review no later than 120 days from the publication date of this notice. DATES: Effective Date: November 23, 2007. FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Minoo Hatten, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, mstockstill on PROD1PC66 with NOTICES AGENCY: VerDate Aug<31>2005 16:16 Nov 21, 2007 Jkt 214001 telephone: (202) 482–5287 and (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: Background On February 10, 2000, the Department published in the Federal Register an antidumping duty order on certain cutto-length carbon-quality steel plate products (steel plate) from the Republic of Korea (Korea). See Notice of Amendment of Final Determinations of Sales at Less Than Fair Value and Antidumping Duty Orders: Certain CutTo-Length Carbon-Quality Steel Plate Products From France, India, Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585 (February 10, 2000). On February 2, 2006, the Department published in the Federal Register a notice of ‘‘Opportunity to Request Administrative Review’’ of the order. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 72 FR 5007 (February 2, 2007). In accordance with 19 CFR 351.213(b)(2), on February 26, 2007, Dongkuk Steel Mill Co., Ltd. (DSM), a producer/exporter, requested that the Department conduct an administrative review of its sales and entries of subject merchandise into the United Stated during the POR. Additionally, in accordance with 19 CFR 351.213(b)(1), on February 28, 2007, a domestic producer and interested party, Nucor Corporation (Nucor), requested that the Department conduct a review of DSM, Tae Chang Steel Co., Ltd. (TC Steel), and DSEC Co., Ltd., a subsidiary of Daewoo Shipbuilding & Marine Engineering (DSEC). On March 28, 2007, the Department initiated an administrative review of DSM. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 72 FR 14516 (March 28, 2007). Because the Department inadvertently omitted the names of TC Steel and DSEC from the initiation notice that was published on March 28, 2007, on April 27, 2007, the Department initiated an administrative review of TC Steel and DSEC. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 72 FR 20986 (April 27, 2007). On November 6, 2007, we extended the due date for the preliminary results of review by 15 days to November 15, 2007. See Certain Cut-to-Length CarbonQuality Steel Plate Products From the Republic of Korea: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review, 72 FR 62625 (November 6, 2007). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 65701 The Department is conducting this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The products covered by the antidumping duty order are certain hotrolled carbon-quality steel: (1) Universal mill plates (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 nominal or actual thickness of not less than 4 mm, which are cut-to-length (not in coils) and without patterns in relief), of iron or non-alloy-quality steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual thickness of 4.75 mm or more and of a width which exceeds 150 mm and measures at least twice the thickness, and which are cut-to-length (not in coils). Steel products included in the scope of the order are of rectangular, square, circular, or other shape and of rectangular or non-rectangular crosssection where such non-rectangular cross-section is achieved subsequent to the rolling process (i.e., products which have been ‘‘worked after rolling’’)—for example, products which have been beveled or rounded at the edges. Steel products that meet the noted physical characteristics that are painted, varnished, or coated with plastic or other non-metallic substances are included within this scope. Also, specifically included in the scope of the order are high strength, low alloy (HSLA) steels. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Steel products included in this scope, regardless of Harmonized Tariff Schedule of the United States (HTSUS) definitions, are products in which: (1) Iron predominates, by weight, over each of the other contained elements, (2) the carbon content is two percent or less, by weight, and (3) none of the elements listed below is equal to or exceeds the quantity, by weight, respectively indicated: 1.80 percent of manganese, or 1.50 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 0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent zirconium. All products that meet the written physical description, and in which the chemistry quantities do not equal or exceed any one of the levels listed above, are within the scope E:\FR\FM\23NON1.SGM 23NON1

Agencies

[Federal Register Volume 72, Number 225 (Friday, November 23, 2007)]
[Notices]
[Pages 65700-65701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22863]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-803]


Certain Cut-to-Length Carbon Steel Plate From Romania: Notice of 
Court Decision Not in Harmony With Final Results of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 7, 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 certain cut-to-length carbon steel plate from Romania. See 
Mittal Steel Galati S.A., Formerly Known as Ispat Sidex S.A. v. United 
States, Slip Op. 07-110 (CIT) (July 18, 2007) (Mittal Steel). This case 
arises out of the Department's final results in the administrative 
review covering the period August 1, 2002, through July 31, 2003. See 
Certain Cut-to-Length Carbon Steel Plate from Romania: Final Results 
and Final Partial Rescission of Antidumping Duty Administrative Review, 
70 FR 12651 (March 15, 2005), and accompanying Issues and Decision 
Memorandum (Final Results). The judgment in this case was not in 
harmony with the Department's Final Results.

DATES: Effective Date: November 23, 2007.

FOR FURTHER INFORMATION CONTACT: John Drury or Dena Crossland, 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-
0195 or (202) 482-3362, respectively.

SUPPLEMENTARY INFORMATION: In Mittal Steel, the CIT remanded the 
underlying Final Results to the Department to re-examine its use of 
Filipino data to value limestone as well as the decision to value scrap 
as an input. The Department issued a draft redetermination on remand to 
interested parties for comment on September 21, 2007. No parties 
commented on the draft redetermination.
    On October 1, 2007, the Department issued to the CIT its final 
remand results. In the final remand results, the Department provided an 
offset for scrap generated and re-used in the production process by 
Mittal Steel Galati S.A., formerly known as Ispat Sidex (Mittal), and 
reconsidered its valuation of the limestone input used to manufacture 
cut-to-length carbon steel plate for this proceeding. Thus, the 
Department recalculated the antidumping duty rate applicable to Mittal. 
On November 7, 2007, the CIT sustained the Department's final remand 
results. The recalculated margin for these final remand results is 7.29 
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 
November 7, 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

[[Page 65701]]

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: November 16, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-22863 Filed 11-21-07; 8:45 am]
BILLING CODE 3510-DS-P