Certain Hot-Rolled Carbon Steel Flat Products From Thailand: Final Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review, 33396-33399 [E8-13267]
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Notices
program for Products, including without
limitation establishing, staffing, and
operating a laboratory to conduct
quality testing, promulgating quality
standards or grades, inspecting Products
samples, and publishing guidelines for
and reports of the results of laboratory
testing.
10. Applicant may conduct meetings
of its Members, including meetings via
telephone and other modes of
communication as they decide
appropriate, to engage in the activities
described in paragraphs one through
nine, above.
Definitions
‘‘Supplier’’ means a person who
produces, provides, or sells Products or
Export Trade Facilitation Services.
‘‘Export Intermediary’’ means a
person who acts as a distributor,
representative, sales or marketing agent,
or broker, or who performs similar
functions, including providing or
arranging for the provision of Export
Trade Facilitation Services.
‘‘Export Trade Facilitation Services’’
are activities that assist the progress of
exporting, such as professional services
in the areas of government relations and
assistance with state and federal
programs; foreign trade and business
protocol; consulting; market research
and analysis; collection of information
on trade opportunities; marketing;
negotiations; joint ventures; shipping;
export management; export licensing;
advertising; documentation and services
related to compliance with customs
requirements; insurance and financing;
trade show exhibitions; organizational
development; management and labor
strategies; transfer of technology;
transportation services; and facilitating
the formation of shippers’ associations.
Members (Within the Meaning of
325.2(1) of the Regulations)
mstockstill on PROD1PC66 with NOTICES
Suppliers of Products
The Amalgamated Sugar Company,
LLC, 3184 Elder Street, Boise, ID 83705,
Tel: (208)383–6500, Fax: (208)383–6688.
American Crystal Sugar Company,
101 North Third Street, Moorhead, MN
56560, Tel: 218–236–4400, Fax: 218–
236–4422.
American Sugar Holdings, Inc. and
American Sugar Refining, Inc. (a
subsidiary of American Sugar Holdings,
Inc.), 1 Federal Street, Yonkers, NY
10705, Tel: 914–963–2400, Fax: 914–
476–4072.
Imperial Sugar Company, One
Imperial Square, 8016 Highway 90–A,
Sugar Land, TX 77478, Tel: 281–491–
9181.
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21:47 Jun 11, 2008
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Michigan Sugar Company, 2600 South
Euclid Avenue, Bay City, MI 48706, Tel:
989–686–0161, Fax: 989–686–3269.
Minn-Dak Farmers Cooperative, 7525
Red River Road, Wahpeton, ND 58075,
Tel: 701–642–8411, Fax: 701–671–1369.
Sidney Sugars Incorporated, 101
North Third Street, Moorhead, MN
56560, Tel: 218–236–4400, Fax: 218–
236–4422.
Southern Minnesota Beet Sugar
Cooperative, P.O. Box 500, Renville, MN
56284, Tel: 320–329–8305, Fax: 320–
329–3252.
Spreckels Sugar Company, Inc., P.O.
Box 500, Renville, MN 56284, Tel: 320–
329–8305, Fax: 320–329–3252.
United States Sugar Corporation, 111
Ponce de Leon Avenue, Clewiston, FL
33440, Tel: 863–983–8121, Fax: 863–
983–9827.
Western Sugar Cooperative, 7555 East
Hampden Avenue, Suite 600, Denver,
CO 80231, Tel: 303–813–3500, Fax:
303–832–4084.
Export Intermediaries For Products
Domino Foods, Inc., 1 Federal Street,
Yonkers, NY 10705–1079, Tel: 914–
709–8053.
United Sugars Corporation, 7401
Metro Blvd., Suite 350, Edina, MN
55439, Tel: 952–896–0131, Fax: 952–
896–0400.
ASEC has proposed that the following
Terms and Conditions govern its
proposed Export Trade Activities and
Methods of Operation:
Terms and Conditions of Certificate
1. In engaging in Export Trade
Activities and Methods of Operations,
except as provided in paragraph 7,
above, neither ASEC nor its Members
shall intentionally disclose, directly or
indirectly, to each other or any other
Supplier of Product any information
about its or any Supplier’s costs,
production, capacity, inventories,
domestic prices, domestic sales,
domestic orders, terms of domestic
marketing or sale, or U.S. business
plans, strategies or methods, unless: (1)
Such information is already generally
available to the trade or public; or (2)
such disclosure is a material part of the
negotiations for an actual or potential
bona fide sale or purchase of Product
and the disclosure is limited to that
prospective purchaser or seller.
2. Participation by a Member in any
Export Trade Activity or Method of
Operation under the Certificate shall be
entirely voluntary to that Member,
subject to the provisions of paragraph 8,
above, and subject to the honoring of
contractual commitments for sales of
Product in specific export transactions.
A Member may withdraw from coverage
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under the Certificate at any time by
giving written notice to ASEC, a copy of
which ASEC shall promptly transmit to
the Secretary of Commerce and the
Attorney General.
3. ASEC and its Members will comply
with requests made by the Secretary of
Commerce on behalf of the Secretary or
the Attorney General for information or
documents relevant to conduct under
the certificate. The Secretary of
Commerce will request such
information or documents when either
the Attorney General or the Secretary of
Commerce believes that the information
or documents are required to determine
that the Export Trade, Export Trade
Activities, or Methods of Operation of a
person protected by this certificate of
review continues to comply with the
standards of Section 303(a) of the Act.
Dated: June 6, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8–13200 Filed 6–11–08; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–817]
Certain Hot-Rolled Carbon Steel Flat
Products From Thailand: Final Results
of Antidumping Duty Administrative
Review and Partial Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has conducted an
administrative review of the
antidumping duty order on certain hotrolled carbon steel flat products from
Thailand produced and/or exported by
G Steel Public Company Limited (G
Steel). The period of review (POR) is
November 1, 2005 through October 31,
2006. Based on our analysis of
comments received, we have made
certain adjustments and clerical error
corrections for these final results which
change the margin. This administrative
review also covers Nakornthai Strip Mill
Public Co., Ltd. (NSM), an exporter that
did not have any U.S. sales or
shipments during the POR, and for
which the Department is rescinding this
review. The final results are listed
below in the ‘‘Final Results of Review’’
section.
EFFECTIVE DATE: June 12, 2008.
FOR FURTHER INFORMATION CONTACT:
Dena Crossland or Stephen Bailey,
AGENCY:
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Notices
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Ave., NW., Washington,
DC 20230; telephone: (202) 482–3362
and (202) 482–0193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2007, the Department
published the preliminary results and
partial rescission of its administrative
review of the antidumping duty order
on certain hot-rolled carbon steel flat
products (hot-rolled steel) from
Thailand. See Certain Hot-Rolled
Carbon Steel Flat Products From
Thailand: Preliminary Results of
Antidumping Duty Administrative
Review and Partial Rescission, 72 FR
69187 (December 7, 2007) (Preliminary
Results).
We invited parties to comment on our
Preliminary Results. We received case
briefs from respondent G Steel and a
domestic interested party, Nucor
Corporation (Nucor), on January 7, 2008.
Additionally, on January 7, 2008, NSM
submitted a letter to the Department, in
which it stated that it supported the
Department’s preliminary determination
to rescind the review with respect to
NSM because it did not have any
entries, exports, or sales of subject
merchandise to the United States during
the POR. We received rebuttal briefs
from G Steel, Nucor, and United States
Steel Corporation (petitioner) on
January 11, 2008. Since no party
requested a hearing, no public hearing
was held.
mstockstill on PROD1PC66 with NOTICES
Final Partial Rescission
In our Preliminary Results, we
preliminarily rescinded the review with
respect to NSM because it had no
entries of hot-rolled steel from Thailand
during the POR. See Preliminary
Results. We have received no new
information contradicting this decision.
Therefore, we are rescinding the
administrative review with respect to
NSM.
Scope of the Antidumping Duty Order
The products covered by this
antidumping duty order are certain hotrolled 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
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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 this 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 as 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 (HTSUS),
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
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., American Society for
Testing and Materials (ASTM)
specifications A543, A387, A514, A517,
A506).
• Society of Automotive Engineers
(SAE)/American Iron & Steel Institute
(AISI) grades of series 2300 and higher.
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• Ball bearing steels, as defined in the
HTSUS.
• Tool steels, as defined in the
HTSUS.
• Silico-manganese (as defined in the
HTSUS) 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 HTSUS.
The merchandise subject to this order
is classified in the HTSUS 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 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 HTSUS
subheadings are provided for
convenience and CBP purposes, the
written description of the merchandise
is dispositive.
Analysis of Comments Received
The Department received case and
rebuttal briefs from Nucor and G Steel.
Additionally, the Department received a
rebuttal brief from petitioner. All case
and rebuttal briefs for the final results
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Notices
are addressed in the ‘‘Issues and
Decision Memorandum for the Final
Results of Antidumping Duty
Administrative Review and Partial
Rescission of Antidumping Duty
Administrative Review: Certain HotRolled Carbon Steel Flat Products from
Thailand’’ from Stephen J. Claeys,
Deputy Assistant Secretary, Import
Administration, to David M. Spooner,
Assistant Secretary, Import
Administration, dated June 4, 2008
(Decision Memo), which is hereby
adopted by this notice. Additionally,
certain issues that contain proprietary
information and arguments are
addressed in the memorandum
‘‘Analysis Memorandum for the Final
Results of Administrative Review of
Certain Hot-Rolled Carbon Steel Flat
Products from Thailand: G Steel Public
Company Limited’’ from Dena
Crossland, Analyst, to The File, through
Angelica L. Mendoza, Program Manager,
AD/CVD Operations, Office 7, dated
June 4, 2008 (Final Analysis Memo),
which is also hereby adopted by this
notice.
Attached to this notice as an appendix
is a list of the issues that Nucor and G
Steel have raised and to which we have
responded in the Decision Memo.
Parties can find a complete discussion
of all issues raised in this review and
the corresponding recommendations in
the Decision Memo, which is on file in
the Department’s Central Records Unit,
located at 14th Street and Constitution
Avenue, NW., Room 1117. In addition,
a complete version of the Decision
Memo can be accessed directly on the
Import Administration Web site at
https://ia.ita.doc.gov/ under the heading
Federal Register Notices. The paper
copy and electronic version of the
Decision Memo are identical in content.
mstockstill on PROD1PC66 with NOTICES
Changes Since the Preliminary Results
Based on our analysis of comments
received, we made the following
changes from the Preliminary Results:
(1) We revised our adverse facts
available methodology by relying on G
Steel’s sales to unaffiliated customers
and the sales from G Steel’s resellers to
end-users in the margin calculation, and
excluding G Steel’s sales to its affiliated
resellers from the margin calculation.
Therefore, we have not utilized the
arm’s-length test;
(2) We revised our adverse facts
available methodology for purposes of
the cost test by comparing the home
market sales to unaffiliated customers to
the CONNUM with the highest cost;
(3) We used home market net
quantity, rather than home market gross
quantity, in our analysis;
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21:47 Jun 11, 2008
Jkt 214001
(4) We made adjustments for quantity
and indirect selling expenses in G
Steel’s reseller databases; and
(5) We disregarded from our analysis
G Steel’s purchases of hot-rolled steel
products from a certain supplier.
Final Results of Review
We determine that the following
dumping margin exists for the period
November 1, 2005, through October 31,
2006:
Manufacturer/exporter
G Steel Public Company Limited
Margin
(percent)
6.40
Assessment Rates
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries, pursuant to
section 751(a)(1)(B) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.212(b). The Department calculated
importer-specific duty assessment rates
on the basis of the ratio of the total
amount of antidumping duties
calculated for the examined sales to the
total entered value of the examined
sales for that importer.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003 (68 FR 23954). This
clarification will apply to entries of
subject merchandise during the period
of review produced by companies
included in these final results of review
for which the reviewed companies did
not know their merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Notice of Policy
Concerning Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
Antidumping duties for the rescinded
company NSM, shall be assessed at rates
equal to the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of these final results of
review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of
this notice of final results of
administrative review for all shipments
of hot-rolled steel from Thailand
entered, or withdrawn from warehouse,
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for consumption on or after the date of
publication, as provided by section
751(a)(1) of the Act: (1) The cash deposit
rates for the reviewed companies will be
the rates indicated above; (2) for
previously investigated companies not
listed above, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, or in the less-than-fair-value
(LTFV) investigation, but the
manufacturer is, then the cash deposit
rate will be the rate established for the
most recent period for the manufacturer
of the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 3.86
percent, the all-others rate established
in the LTFV investigation (66 FR 49622;
September 28, 2001). These deposit
requirements shall remain in effect until
further notice.
Notification of Interested Parties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation,
which is subject to sanction.
We are issuing and publishing these
final results and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: June 4, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
List of Comments and Issues in the Decision
Memorandum
Comment 1: Use of Adverse Facts Available.
Comment 2: Affiliation.
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Notices
Comment 3: Reseller Databases.
Comment 4: Clerical Errors.
Comment 5: Liquidation Instructions.
[FR Doc. E8–13267 Filed 6–11–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Authority: 16 U.S.C. Sections 1431, et seq.
(Federal Domestic Assistance Catalog
Number 11.429 Marine Sanctuary Program)
National Oceanic and Atmospheric
Administration
Dated May 30, 2008.
Daniel J. Basta,
Director, National Marine Sanctuary Program,
National Ocean Services, National Oceanic
and Atmospheric Administration.
[FR Doc. E8–12915 Filed 6–11–08; 8:45 am]
Availability of Seats for the Cordell
Bank National Marine Sanctuary
Advisory Council
National Marine Sanctuary
Program (NMSP), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration,
Department of Commerce (DOC).
ACTION: Notice and request for
applications.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
21:47 Jun 11, 2008
Jkt 214001
hearing on this particular request would
be appropriate.
Comments may also be submitted by
facsimile at (301)427–2521, provided
the facsimile is confirmed by hard copy
submitted by mail and postmarked no
later than the closing date of the
comment period.
Comments may also be submitted by
e-mail. The mailbox address for
providing e-mail comments is
NMFS.Pr1Comments@noaa.gov. Include
in the subject line of the e-mail
comment the following document
identifier: File No. 13428.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–NK–M
Jennifer Skidmore or Kate Swails,
(301)713–2289.
DEPARTMENT OF COMMERCE
SUMMARY: The Cordell Bank National
Marine Sanctuary (CBNMS or
Sanctuary) is seeking applicants for the
following vacant seats on its Sanctuary
Advisory Council (Council): Education
Primary. Applicants are chosen based
upon their particular expertise and
experience in relation to the seat for
which they are applying; community
and professional affiliations; philosophy
regarding the protection and
management of marine resources; and
possibly the length of residence in the
area affected by the Sanctuary.
Applicants who are chosen as members
should expect to serve 2–3 year terms,
pursuant to the Council’s Charter.
DATES: Applications are due by July
31st, 2008.
ADDRESSES: Application kits may be
obtained on the Cordell Bank Web site
at: https://cordellbank.noaa.gov, and
from Cordell Bank National Marine
Sanctuary, Rowena Forest, P.O. Box
159, Olema, CA 94950. Completed
applications should be sent to the above
mailing address or faxed to (415) 663–
0315.
FOR FURTHER INFORMATION CONTACT:
Rowena Forest/CBNMS,
Rowena.Forest@noaa.gov, P.O. Box 159,
Olema, CA 94950, (415) 663–0314 x105.
SUPPLEMENTARY INFORMATION: The
Advisory Council for Cordell Bank was
established in 2002 to support the joint
management plan review process
currently underway for the CBNMS and
its neighboring sanctuaries, Gulf of the
Farallones and Monterey Bay National
Marine Sanctuaries. The Council has
members representing education,
research, conservation, maritime
activity, and community-at-large. The
government seats are held by
representatives from the National
VerDate Aug<31>2005
Marine Fisheries Service, the United
States Coast Guard, and the managers of
the Gulf of the Farallones, Monterey Bay
and Channel Islands National Marine
Sanctuaries. The Council holds four
regular meetings per year, and one
annual retreat.
33399
National Oceanic and Atmospheric
Administration
RIN 0648–XI33
Marine Mammals; File No. 13428
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
SUMMARY: Notice is hereby given that
Niladri Basu, Ph.D., Department of
Environmental Health Sciences,
University of Michigan, 109 South
Observatory Road, Ann Arbor, MI
48109–2029, has applied in due form for
a permit to import tissues from baikal
seals (Phoca sibirica) from Japan for the
purpose of scientific research.
DATES: Written, telefaxed, or e-mail
comments must be received on or before
July 14, 2008.
ADDRESSES: The application and related
documents are available for review
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)427–2521; and
Northeast Region, NMFS, One
Blackburn Drive, Gloucester, MA
01930–2298; phone (978)281–9300; fax
(978)281–9394.
Written comments or requests for a
public hearing on this application
should be mailed to the Chief, Permits,
Conservation and Education Division,
F/PR1, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910. Those
individuals requesting a hearing should
set forth the specific reasons why a
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The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
The applicant is requesting
authorization to import 40 brain tissues
from baikal seals. These samples were
collected in 2005 under a joint
agreement between the East-Siberian
Research and Production Fisheries
Center (Russia) and the Center for
Marine Environmental Studies (Japan).
The purpose of this study is to
determine: (1) the types and amounts of
heavy metals that baikal seals
accumulate in specific brain regions;
and (2) whether these exposures are a
neurotoxicological concern by using
novel biomarker technologies. A permit
is requested for the duration of one year.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of this
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
SUPPLEMENTARY INFORMATION:
Dated: June 6, 2008.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–13246 Filed 6–11–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\12JNN1.SGM
12JNN1
]]>Agencies
[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Notices]
[Pages 33396-33399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13267]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-817]
Certain Hot-Rolled Carbon Steel Flat Products From Thailand:
Final Results of Antidumping Duty Administrative Review and Partial
Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has conducted an
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from Thailand produced and/or
exported by G Steel Public Company Limited (G Steel). The period of
review (POR) is November 1, 2005 through October 31, 2006. Based on our
analysis of comments received, we have made certain adjustments and
clerical error corrections for these final results which change the
margin. This administrative review also covers Nakornthai Strip Mill
Public Co., Ltd. (NSM), an exporter that did not have any U.S. sales or
shipments during the POR, and for which the Department is rescinding
this review. The final results are listed below in the ``Final Results
of Review'' section.
EFFECTIVE DATE: June 12, 2008.
FOR FURTHER INFORMATION CONTACT: Dena Crossland or Stephen Bailey,
[[Page 33397]]
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Ave., NW.,
Washington, DC 20230; telephone: (202) 482-3362 and (202) 482-0193,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2007, the Department published the preliminary
results and partial rescission of its administrative review of the
antidumping duty order on certain hot-rolled carbon steel flat products
(hot-rolled steel) from Thailand. See Certain Hot-Rolled Carbon Steel
Flat Products From Thailand: Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission, 72 FR 69187 (December 7,
2007) (Preliminary Results).
We invited parties to comment on our Preliminary Results. We
received case briefs from respondent G Steel and a domestic interested
party, Nucor Corporation (Nucor), on January 7, 2008. Additionally, on
January 7, 2008, NSM submitted a letter to the Department, in which it
stated that it supported the Department's preliminary determination to
rescind the review with respect to NSM because it did not have any
entries, exports, or sales of subject merchandise to the United States
during the POR. We received rebuttal briefs from G Steel, Nucor, and
United States Steel Corporation (petitioner) on January 11, 2008. Since
no party requested a hearing, no public hearing was held.
Final Partial Rescission
In our Preliminary Results, we preliminarily rescinded the review
with respect to NSM because it had no entries of hot-rolled steel from
Thailand during the POR. See Preliminary Results. We have received no
new information contradicting this decision. Therefore, we are
rescinding the administrative review with respect to NSM.
Scope of the Antidumping Duty Order
The products covered by this antidumping duty order 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 this
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 as 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 (HTSUS), 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 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.,
American Society for Testing and Materials (ASTM) specifications A543,
A387, A514, A517, A506).
Society of Automotive Engineers (SAE)/American Iron &
Steel Institute (AISI) grades of series 2300 and higher.
Ball bearing steels, as defined in the HTSUS.
Tool steels, as defined in the HTSUS.
Silico-manganese (as defined in the HTSUS) 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 HTSUS.
The merchandise subject to this order is classified in the HTSUS 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 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 HTSUS
subheadings are provided for convenience and CBP purposes, the written
description of the merchandise is dispositive.
Analysis of Comments Received
The Department received case and rebuttal briefs from Nucor and G
Steel. Additionally, the Department received a rebuttal brief from
petitioner. All case and rebuttal briefs for the final results
[[Page 33398]]
are addressed in the ``Issues and Decision Memorandum for the Final
Results of Antidumping Duty Administrative Review and Partial
Rescission of Antidumping Duty Administrative Review: Certain Hot-
Rolled Carbon Steel Flat Products from Thailand'' from Stephen J.
Claeys, Deputy Assistant Secretary, Import Administration, to David M.
Spooner, Assistant Secretary, Import Administration, dated June 4, 2008
(Decision Memo), which is hereby adopted by this notice. Additionally,
certain issues that contain proprietary information and arguments are
addressed in the memorandum ``Analysis Memorandum for the Final Results
of Administrative Review of Certain Hot-Rolled Carbon Steel Flat
Products from Thailand: G Steel Public Company Limited'' from Dena
Crossland, Analyst, to The File, through Angelica L. Mendoza, Program
Manager, AD/CVD Operations, Office 7, dated June 4, 2008 (Final
Analysis Memo), which is also hereby adopted by this notice.
Attached to this notice as an appendix is a list of the issues that
Nucor and G Steel have raised and to which we have responded in the
Decision Memo. Parties can find a complete discussion of all issues
raised in this review and the corresponding recommendations in the
Decision Memo, which is on file in the Department's Central Records
Unit, located at 14th Street and Constitution Avenue, NW., Room 1117.
In addition, a complete version of the Decision Memo can be accessed
directly on the Import Administration Web site at https://
ia.ita.doc.gov/ under the heading Federal Register Notices. The paper
copy and electronic version of the Decision Memo are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we made the following
changes from the Preliminary Results:
(1) We revised our adverse facts available methodology by relying
on G Steel's sales to unaffiliated customers and the sales from G
Steel's resellers to end-users in the margin calculation, and excluding
G Steel's sales to its affiliated resellers from the margin
calculation. Therefore, we have not utilized the arm's-length test;
(2) We revised our adverse facts available methodology for purposes
of the cost test by comparing the home market sales to unaffiliated
customers to the CONNUM with the highest cost;
(3) We used home market net quantity, rather than home market gross
quantity, in our analysis;
(4) We made adjustments for quantity and indirect selling expenses
in G Steel's reseller databases; and
(5) We disregarded from our analysis G Steel's purchases of hot-
rolled steel products from a certain supplier.
Final Results of Review
We determine that the following dumping margin exists for the
period November 1, 2005, through October 31, 2006:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
G Steel Public Company Limited.............................. 6.40
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b). The Department calculated
importer-specific duty assessment rates on the basis of the ratio of
the total amount of antidumping duties calculated for the examined
sales to the total entered value of the examined sales for that
importer.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the period of review produced by companies
included in these final results of review for which the reviewed
companies did not know their merchandise was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Notice of Policy Concerning Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003). Antidumping duties for
the rescinded company NSM, shall be assessed at rates equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of hot-rolled steel from Thailand entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(1) of the Act: (1) The cash
deposit rates for the reviewed companies will be the rates indicated
above; (2) for previously investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, or in the less-than-fair-value (LTFV)
investigation, but the manufacturer is, then the cash deposit rate will
be the rate established for the most recent period for the manufacturer
of the merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 3.86 percent, the all-
others rate established in the LTFV investigation (66 FR 49622;
September 28, 2001). These deposit requirements shall remain in effect
until further notice.
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation, which is subject to sanction.
We are issuing and publishing these final results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 4, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Decision Memorandum
Comment 1: Use of Adverse Facts Available.
Comment 2: Affiliation.
[[Page 33399]]
Comment 3: Reseller Databases.
Comment 4: Clerical Errors.
Comment 5: Liquidation Instructions.
[FR Doc. E8-13267 Filed 6-11-08; 8:45 am]
BILLING CODE 3510-DS-P
