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]

Download as PDF 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 http:// 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 http://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]]

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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 http://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