Certain Cut-To-Length Carbon Steel Plate From the People's Republic of China: Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order, 74143-74144 [E8-28863]
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74143
Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–849]
Certain Cut-To-Length Carbon Steel
Plate From the People’s Republic of
China: Notice of Final Results of
Expedited Sunset Review of
Antidumping Duty Order
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 5, 2008.
FOR FURTHER INFORMATION CONTACT:
Demitri Kalogeropoulos, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–2623.
SUMMARY: On August 1, 2008, the
Department of Commerce
(‘‘Department’’) initiated a sunset
review of the antidumping duty order
on certain cut–to-length carbon steel
plate (‘‘CTL plate’’) 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:
dwashington3 on PROD1PC60 with NOTICES
Background
On August 1, 2008, the Department
published the notice of initiation of the
sunset review of the antidumping duty
order on CTL plate from the PRC
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘the Act’’).
See Initiation of Five-year (‘‘Sunset’’)
Review, 73 FR 44968 (August 1, 2008).
On August 5, 2008, the Department
received a notice of intent to participate
from a domestic interested party, Nucor
Corporation (‘‘Nucor’’). On August 15,
2008, the Department received a notice
of intent to participate from SSAB North
America Division (‘‘SSAB NAB’’), Evraz
NA Oregon Steel Mills (‘‘OSM’’), and
Evraz NA Claymont (‘‘Claymont’’),
domestic interested parties. The
Department received a notice of intent
to participate from ArcelorMittal USA, a
domestic interested party, on August 18,
VerDate Aug<31>2005
15:27 Dec 04, 2008
Jkt 217001
2008. Submissions of the notices of
intent to participate filed by Nucor,
SSAB NAB, OSM, Claymont, and
ArcelorMittal (collectively ‘‘domestic
interested parties’’) were 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
domestic producers of CTL plate in the
United States. On August 29, 2008, the
Department received a substantive
response from the 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 the order
include hot–rolled carbon steel
universal mill plates (i.e., flat–rolled
products rolled on four faces or in a
closed box pass, of a width exceeding
150 millimeters but not exceeding 1,250
millimeters and of a thickness of not
less than 4 millimeters, not in coils and
without patterns in relief), of
rectangular shape, neither clad, plated
nor coated with metal, whether or not
painted, varnished, or coated with
plastics or other nonmetallic substances;
and certain hot–rolled carbon steel flat–
rolled products in straight lengths, of
rectangular shape, hot rolled, neither
clad, plated, nor coated with metal,
whether or not painted, varnished, or
coated with plastics or other
nonmetallic substances, 4.75
millimeters or more in thickness and of
a width which exceeds 150 millimeters
and measures at least twice the
thickness, as currently classifiable in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under item
numbers 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000,
7211.13.0000, 7211.14.0030,
7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, and
7212.50.0000. Included in the order are
flat–rolled products of non–rectangular
cross-section where such 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. Excluded from the
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
order is grade X–70 plate. Also excluded
from the order is certain carbon cut–tolength steel plate with a maximum
thickness of 80 mm in steel grades BS
7191, 355 EM, and 355 EMZ, as
amended by Sable Offshore Energy
Project specification XB MOO Y 15
0001, types 1 and 2. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
Analysis of Comments Received
All issues raised in this review are
addressed in the ‘‘Issues and Decision
Memorandum’’ (‘‘Decision
Memorandum’’) from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, dated concurrently
with this notice, and is hereby adopted
by this notice. The issues discussed in
the Decision Memorandum include the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins likely to prevail if the order
were revoked. Parties can find a
complete discussion of all issues raised
in this review and the corresponding
recommendations in this public
memorandum, which is on file in the
Central Records Unit in room 1117 of
the main Commerce building.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Final Results of Review
Pursuant to section 752(c)(3) of the
Act, we determine that revocation of the
antidumping duty order on CTL plate
from the PRC would be likely to lead to
continuation or recurrence of dumping
at the following weighted–average
percentage margins:
Manufacturers/
Exporters/Producers
Anshan (Anshan Iron
and Steel Complex/
Anshan International
Trade Corp./Sincerely
Asia Ltd.) ...................
Baoshan (Baoshan Iron
and Steel Corp./
Baoshan International
Trade Corp./Bao
Steel Metals Trading
Corp.) ........................
China Metallurgical Import and Export
Liaoning Co. ..............
Shanghai Pudong Iron
and Steel Co. ............
E:\FR\FM\05DEN1.SGM
05DEN1
Weighted–Average
Margin (percent)
30.68
30.51
17.33
38.16
74144
Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Notices
Manufacturers/
Exporters/Producers
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington DC 20230; telephone: (202)
482–1174 and (202) 482–0182,
128.59 respectively.
128.59 SUPPLEMENTARY INFORMATION:
Weighted–Average
Margin (percent)
WISCO (Wuhan Iron
and Steel Co./International Economic
and Trading Corp./
Cheerwu Trader Ltd.)
PRC–Wide ....................
This notice also serves as the only
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 section 351.305
of the Department’s regulations. Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act.
Dated: December 1, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–28863 Filed 12–4–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–580–839
dwashington3 on PROD1PC60 with NOTICES
Certain Polyester Staple Fiber From
Korea: Final Results of the 2006–2007
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 30, 2008, the
Department of Commerce published the
preliminary results of the seventh
administrative review of the
antidumping duty order on certain
polyester staple fiber from the Republic
of Korea. The review covers the
shipments of subject merchandise to the
United States by Huvis Corporation.
Based on our analysis of the comments
received from interested parties, we
have made certain changes for the final
results. The final weighted–average
dumping margins are listed below in the
‘‘Final Results of the Review’’ section of
this notice.
EFFECTIVE DATE: December 5, 2008.
FOR FURTHER INFORMATION CONTACT:
Andrew McAllister or Brandon
Farlander, Office 1, AD/CVD
VerDate Aug<31>2005
15:27 Dec 04, 2008
Jkt 217001
Background
On May 30, 2008, the Department of
Commerce (‘‘the Department’’)
published Certain Polyester Staple Fiber
from Korea: Preliminary Results of the
2006/2007 Antidumping Duty
Administrative Review, 73 FR 31058
(May 30, 2008) (‘‘Preliminary Results’’)
in the Federal Register. Prior to the
publication of the Preliminary Results,
on May 27, 2008, Wellman, Inc., Invista,
S.a.r.L., and DAK Americas, LLC
(collectively, ‘‘the petitioners’’) refiled
their May 8, 2008, submission in
accordance with the Department’s May
22, 2008, letter allowing such refiling.
On June 2, 2008, the petitioners
submitted comments rebutting Huvis
Corporation (‘‘Huvis’’)’s May 22, 2008,
submission. On June 6, 2008, Huvis
submitted additional comments
regarding the petitioners’ May 27, 2008,
submission.
On June 30, 2008, the petitioners and
Huvis filed case briefs. On July 14, 2008,
the petitioners and Huvis filed rebuttal
briefs.
On September 15, 2008, the
Department published in the Federal
Register an extension of the time limit
for the completion of the final results of
this review until no later than
November 26, 2008, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (‘‘the Act’’), and 19
CFR 351.213(h)(2). See Certain Polyester
Staple Fiber From the Republic of
Korea: Notice of Extension of Time Limit
for the Final Results of the 2006–2007
Administrative Review, 73 FR 53190
(Sept. 15, 2008).
Scope of the Order
For the purposes of this order, the
product covered is certain polyester
staple fiber (‘‘PSF’’). PSF is defined as
synthetic staple fibers, not carded,
combed or otherwise processed for
spinning, of polyesters measuring 3.3
decitex (3 denier, inclusive) or more in
diameter. This merchandise is cut to
lengths varying from one inch (25 mm)
to five inches (127 mm). The
merchandise subject to this order may
be coated, usually with a silicon or
other finish, or not coated. PSF is
generally used as stuffing in sleeping
bags, mattresses, ski jackets, comforters,
cushions, pillows, and furniture.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
Merchandise of less than 3.3 decitex
(less than 3 denier) currently classifiable
under the Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’) at
subheading 5503.20.00.25 is specifically
excluded from this order. Also
specifically excluded from this order are
polyester staple fibers of 10 to 18 denier
that are cut to lengths of 6 to 8 inches
(fibers used in the manufacture of
carpeting). In addition, low–melt PSF is
excluded from this order. Low–melt PSF
is defined as a bi–component fiber with
an outer sheath that melts at a
significantly lower temperature than its
inner core.
The merchandise subject to this order
is currently classifiable in the HTSUS at
subheadings 5503.20.00.45 and
5503.20.00.65. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
under the order is dispositive.
Period of Review
The period of review (‘‘POR’’) is May
1, 2006, through April 30, 2007.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the November 26, 2008,
Issues and Decision Memorandum for
the Seventh Antidumping Duty
Administrative Review of Certain
Polyester Staple Fiber from the Republic
of Korea (‘‘Decision Memorandum’’),
which is hereby adopted by this notice.
Attached to this notice as an appendix
is a list of the issues which parties have
raised and to which we have responded
in the Decision Memorandum. Parties
can find a complete discussion of all
issues raised in this review and the
corresponding recommendations in this
public memorandum, which is on file in
the Department’s Central Records Unit,
Room 1117 of the main Department
building (‘‘CRU’’). In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the Web at https://ia.ita.doc.gov/frn/
index.html. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Fair Value Comparisons
To determine whether sales of PSF
from Korea to the United States were
made at less than normal value (‘‘NV’’),
we compared export price (‘‘EP’’) to the
NV. We calculated EP, NV, constructed
value (‘‘CV’’), and the cost of production
(‘‘COP’’), based on the same
methodologies used in the Preliminary
Results, with the following exception:
• We have revised the comparison
market and margin programs to
E:\FR\FM\05DEN1.SGM
05DEN1
]]>Agencies
[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Notices]
[Pages 74143-74144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28863]
[[Page 74143]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-849]
Certain Cut-To-Length Carbon Steel Plate From the People's
Republic of China: Notice of Final Results of Expedited Sunset Review
of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 5, 2008.
FOR FURTHER INFORMATION CONTACT: Demitri Kalogeropoulos, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2623.
SUMMARY: On August 1, 2008, the Department of Commerce (``Department'')
initiated a sunset review of the antidumping duty order on certain cut-
to-length carbon steel plate (``CTL plate'') 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 August 1, 2008, the Department published the notice of
initiation of the sunset review of the antidumping duty order on CTL
plate from the PRC pursuant to section 751(c) of the Tariff Act of
1930, as amended (``the Act''). See Initiation of Five-year
(``Sunset'') Review, 73 FR 44968 (August 1, 2008). On August 5, 2008,
the Department received a notice of intent to participate from a
domestic interested party, Nucor Corporation (``Nucor''). On August 15,
2008, the Department received a notice of intent to participate from
SSAB North America Division (``SSAB NAB''), Evraz NA Oregon Steel Mills
(``OSM''), and Evraz NA Claymont (``Claymont''), domestic interested
parties. The Department received a notice of intent to participate from
ArcelorMittal USA, a domestic interested party, on August 18, 2008.
Submissions of the notices of intent to participate filed by Nucor,
SSAB NAB, OSM, Claymont, and ArcelorMittal (collectively ``domestic
interested parties'') were 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 domestic producers of CTL plate in the United
States. On August 29, 2008, the Department received a substantive
response from the 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 the order include hot-rolled carbon steel
universal mill plates (i.e., flat-rolled products rolled on four faces
or in a closed box pass, of a width exceeding 150 millimeters but not
exceeding 1,250 millimeters and of a thickness of not less than 4
millimeters, not in coils and without patterns in relief), of
rectangular shape, neither clad, plated nor coated with metal, whether
or not painted, varnished, or coated with plastics or other nonmetallic
substances; and certain hot-rolled carbon steel flat-rolled products in
straight lengths, of rectangular shape, hot rolled, neither clad,
plated, nor coated with metal, whether or not painted, varnished, or
coated with plastics or other nonmetallic substances, 4.75 millimeters
or more in thickness and of a width which exceeds 150 millimeters and
measures at least twice the thickness, as currently classifiable in the
Harmonized Tariff Schedule of the United States (``HTSUS'') under item
numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, and 7212.50.0000. Included in the order are
flat-rolled products of non-rectangular cross-section where such 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. Excluded from the order is
grade X-70 plate. Also excluded from the order is certain carbon cut-
to-length steel plate with a maximum thickness of 80 mm in steel grades
BS 7191, 355 EM, and 355 EMZ, as amended by Sable Offshore Energy
Project specification XB MOO Y 15 0001, types 1 and 2. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope is dispositive.
Analysis of Comments Received
All issues raised in this review are addressed in the ``Issues and
Decision Memorandum'' (``Decision Memorandum'') from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, dated
concurrently with this notice, and is hereby adopted by this notice.
The issues discussed in the Decision Memorandum include the likelihood
of continuation or recurrence of dumping and the magnitude of the
margins likely to prevail if the order were revoked. Parties can find a
complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit in room 1117 of the main Commerce
building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the web at https://ia.ita.doc.gov/frn. The paper
copy and electronic version of the Decision Memorandum are identical in
content.
Final Results of Review
Pursuant to section 752(c)(3) of the Act, we determine that
revocation of the antidumping duty order on CTL plate from the PRC
would be likely to lead to continuation or recurrence of dumping at the
following weighted-average percentage margins:
------------------------------------------------------------------------
Weighted-Average
Manufacturers/ Exporters/Producers Margin (percent)
------------------------------------------------------------------------
Anshan (Anshan Iron and Steel Complex/Anshan 30.68
International Trade Corp./Sincerely Asia Ltd.).....
Baoshan (Baoshan Iron and Steel Corp./Baoshan 30.51
International Trade Corp./Bao Steel Metals Trading
Corp.).............................................
China Metallurgical Import and Export Liaoning Co... 17.33
Shanghai Pudong Iron and Steel Co................... 38.16
[[Page 74144]]
WISCO (Wuhan Iron and Steel Co./International 128.59
Economic and Trading Corp./ Cheerwu Trader Ltd.)...
PRC-Wide............................................ 128.59
------------------------------------------------------------------------
This notice also serves as the only 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 section 351.305 of the
Department's regulations. Timely notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: December 1, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-28863 Filed 12-4-08; 8:45 am]
BILLING CODE 3510-DS-S
