Continuation of Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate from the People's Republic of China and Continuation of Suspended Antidumping Duty Investigations on Certain Cut-to-Length Carbon Steel Plate from the Russian Federation and Ukraine, 57994-57995 [E9-27085]

Download as PDF 57994 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices China/NME Unit, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, dated November 3, 2009, which is adopted by this notice. A list of issues which parties have raised is in the Decision Memorandum and is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in the Decision Memorandum which is on file in the Central Records Unit, 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:// www.ia.ita.doc.gov/frn. The paper copy and the electronic version of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made certain changes in the margin calculations. These changes are discussed in the relevant sections of the Decision Memorandum and the Memorandum to the File from Michael J. Heaney dated November 3, 2009 (Analysis Memorandum). Specifically, for these final results: 1) We have deducted from NV the inland freight expenses incurred by Kolon in shipping PET film from its plant to its warehouse. 2) We have calculated a single, importer–specific assessment rate for Kolon’s CEP sales. merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) because the rate for Kolon is de minimis, i.e., less than 0.5 percent, no cash deposit will be required for Kolon; (2) if the exporter is not a firm covered in this review or the less than fair value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (3) if neither the exporter nor the manufacturer is a firm covered in this or any previous review, the cash deposit rate will be the all– others rate of 21.50 percent from the LTFV investigation. See Polyethylene Terephthalate Film, Sheet, and Strip From the Republic of Korea; Notice of Final Court Decision and Amended Final Determination of Anti–Dumping Duty Investigation, 62 FR 50557 (September 26, 1997).1 Notification to Interested Parties The Department will disclose calculations performed in connection with the final results of review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ Final Results of Review disposition of APO materials or We determine that the following conversion to judicial protective order is weighted–average margin percentage hereby requested. Failure to comply exists for the period October 2, 2007, with the regulations and the terms of an through May 31, 2008: APO is a sanctionable violation. We are issuing and publishing this Manufacturer / Exporter Margin determination in accordance with Kolon Industries, Inc. ............ 0.13 percent section 751(a)(1) and 777(i) of the Act. srobinson on DSKHWCL6B1PROD with NOTICES (de minimis) Assessment Since the final rate for Kolon Industries, Inc. is de minimis, the Department will instruct Customs and Border Protection (CBP) to assess no dumping duties on the entries covered by this review. The Department intends to issue appraisement instructions to CBP 15 days after the date of publication of these final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of this final results of review for all shipments of the subject VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 Dated: November 3, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix–Comments in Decision Memo 1. Inland Freight incurred by Kolon from plant to warehouse 2. Calculation of a single, importer– specific assessment rate for Kolon’s CEP sales 3. Zeroing [FR Doc. E9–27078 Filed 11–09–09; 8:45 am] BILLING CODE 3510–DS–S 1 The Preliminary Results incorrectly listed the all others rate as 4.82 percent. However, that 4.82 cash deposit rate was amended because of judicial review to the 21.50 percent rate listed in this notice. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–849, A–821–808, A–823–808] Continuation of Antidumping Duty Order on Certain Cut–to-Length Carbon Steel Plate from the People’s Republic of China and Continuation of Suspended Antidumping Duty Investigations on Certain Cut–toLength Carbon Steel Plate from the Russian Federation and Ukraine AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the respective determinations by the Department of Commerce (‘‘the Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty order on certain cut–to-length carbon steel plate (‘‘CTL plate’’) from the People’s Republic of China (‘‘PRC’’) and the termination of the suspension agreements and the underlying antidumping duty investigations on CTL plate from the Russian Federation (‘‘Russia’’) and Ukraine (collectively, ‘‘the Agreements’’) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of the antidumping duty order on CTL plate from the PRC and continuation of the Agreements on CTL plate from Russia and Ukraine. EFFECTIVE DATE: November 10, 2009. FOR FURTHER INFORMATION CONTACT: Wendy Frankel (PRC), Maureen Price (Russia) or Julie Santoboni (Ukraine), Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–5849, (202) 482–4271 or (202) 482–3063, respectively. SUPPLEMENTARY INFORMATION: Background The Department initiated, and the ITC instituted, sunset reviews of the antidumping duty order on CTL plate from the PRC and the Agreements on CTL plate from Russia and Ukraine, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-year (‘‘Sunset’’) Reviews, 73 FR 44968 (August 1, 2008) and Cut–To-Length Carbon Steel Plate From China, Russia, and Ukraine, 73 FR 70368 (November 20, 2008). As a result of its reviews, pursuant to sections 751(c) and 752 of the Act, the Department determined that revocation E:\FR\FM\10NON1.SGM 10NON1 Federal Register / Vol. 74, No. 216 / Tuesday, November 10, 2009 / Notices srobinson on DSKHWCL6B1PROD with NOTICES of the antidumping duty order on CTL plate from the PRC and termination of the Agreements on CTL plate from Russia and Ukraine would likely lead to a continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail, should the order and the Agreements be revoked or terminated, respectively. See 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, 73 FR 74143 (December 5, 2008), Certain Cut–to-Length Carbon Steel Plate from Russia; Final Results of Expedited Sunset Review of the Suspension Agreement, 73 FR 74461 (December 8, 2008), and Certain Cut–to-Length Carbon Steel Plate from Ukraine; Final Results of Full Sunset Review of the Suspension Agreement, 74 FR 11910 (March 20, 2009). On October 13, 2009, pursuant to section 751(c) of the Act, the ITC determined that revocation of the antidumping duty order on CTL plate from the PRC and termination of the Agreements on CTL plate from Russia and Ukraine would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Cut–to-Length Carbon Steel Plate From China, Russia, and Ukraine, 74 FR 56666 (November 2, 2009). Therefore, pursuant to section 351.218(f)(4) of the Department’s regulations, the Department is publishing this notice of the continuation of the antidumping duty order on CTL plate from the PRC and continuation of the Agreements on CTL plate from Russia and Ukraine. Scope The products covered under the antidumping duty order and the Agreements are hot–rolled iron and non–alloy steel 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 thickness of not less than 4 mm, 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 iron and non–alloy steel flat– rolled products not in coils, 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 mm or more in thickness and of a width which exceeds 150 mm and measures at least VerDate Nov<24>2008 16:45 Nov 09, 2009 Jkt 220001 twice the thickness. Included as subject merchandise in this order and these Agreements are flat–rolled products of nonrectangular 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 bevelled or rounded at the edges. This merchandise is currently classified 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, 7212.50.0000. Excluded from the subject merchandise within the scope of this order and these Agreements is grade X– 70 plate. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order and the Agreements is dispositive. Continuation As a result of the respective determinations by the Department and the ITC that revocation of the antidumping duty order on CTL plate from the PRC and termination of the Agreements on CTL plate from Russia and Ukraine would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby gives notice of the continuation of the antidumping duty order on CTL plate from the PRC and the continuation of the Agreements on CTL plate from Russia and Ukraine. The effective dates of continuation will be the date of publication in the Federal Register of this Continuation Notice. Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department intends to initiate the next five-year sunset reviews of the antidumping duty order on CTL plate from the PRC and the Agreements on CTL plate from Russia and Ukraine not later than October 2014. These five-year (sunset) reviews and notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: November 4, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–27085 Filed 11–9–09; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 57995 DEPARTMENT OF COMMERCE International Trade Administration [A–570–904] First Administrative Review of Certain Activated Carbon from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 7, 2009, the Department of Commerce (the ‘‘Department’’) published in the Federal Register the preliminary results of the first administrative review of the antidumping duty order on certain activated carbon from the People’s Republic of China (‘‘PRC’’). See Certain Activated Carbon From the People’s Republic of China: Notice of Preliminary Results of the Antidumping Duty Administrative Review and Extension of Time Limits for the Final Results, 74 FR 21317 (May 7, 2009) (‘‘Preliminary Results’’). We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for the final results. We continue to find that certain exporters have sold subject merchandise at less than normal value during the period of review (‘‘POR’’), October 11, 2006, through March 31, 2008. EFFECTIVE DATE: November 10, 2009. FOR FURTHER INFORMATION CONTACT: Robert Palmer, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–9068. SUPPLEMENTARY INFORMATION: Background On June 4, 2008, the Department initiated this review with respect to 90 companies upon which an administrative review was requested. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 73 FR 31813 (June 4, 2008) (‘‘Initiation Notice’’). Subsequently, pursuant to section 351.213(d)(1) of the Department’s regulations, the Department rescinded the administrative review with respect to 57 companies, based upon Petitioners’1 1 Norit Americas Inc. and Calgon Carbon Corporation . E:\FR\FM\10NON1.SGM 10NON1

Agencies

[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Notices]
[Pages 57994-57995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27085]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-849, A-821-808, A-823-808]


Continuation of Antidumping Duty Order on Certain Cut-to-Length 
Carbon Steel Plate from the People's Republic of China and Continuation 
of Suspended Antidumping Duty Investigations on Certain Cut-to-Length 
Carbon Steel Plate from the Russian Federation and Ukraine

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the respective determinations by the Department 
of Commerce (``the Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty order on certain cut-
to-length carbon steel plate (``CTL plate'') from the People's Republic 
of China (``PRC'') and the termination of the suspension agreements and 
the underlying antidumping duty investigations on CTL plate from the 
Russian Federation (``Russia'') and Ukraine (collectively, ``the 
Agreements'') would likely lead to continuation or recurrence of 
dumping and material injury to an industry in the United States, the 
Department is publishing this notice of continuation of the antidumping 
duty order on CTL plate from the PRC and continuation of the Agreements 
on CTL plate from Russia and Ukraine.

EFFECTIVE DATE: November 10, 2009.

FOR FURTHER INFORMATION CONTACT: Wendy Frankel (PRC), Maureen Price 
(Russia) or Julie Santoboni (Ukraine), Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone 
(202) 482-5849, (202) 482-4271 or (202) 482-3063, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department initiated, and the ITC instituted, sunset reviews of 
the antidumping duty order on CTL plate from the PRC and the Agreements 
on CTL plate from Russia and Ukraine, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-
year (``Sunset'') Reviews, 73 FR 44968 (August 1, 2008) and Cut-To-
Length Carbon Steel Plate From China, Russia, and Ukraine, 73 FR 70368 
(November 20, 2008).
    As a result of its reviews, pursuant to sections 751(c) and 752 of 
the Act, the Department determined that revocation

[[Page 57995]]

of the antidumping duty order on CTL plate from the PRC and termination 
of the Agreements on CTL plate from Russia and Ukraine would likely 
lead to a continuation or recurrence of dumping and notified the ITC of 
the magnitude of the margins likely to prevail, should the order and 
the Agreements be revoked or terminated, respectively. See 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, 73 FR 74143 (December 5, 2008), Certain Cut-to-Length Carbon 
Steel Plate from Russia; Final Results of Expedited Sunset Review of 
the Suspension Agreement, 73 FR 74461 (December 8, 2008), and Certain 
Cut-to-Length Carbon Steel Plate from Ukraine; Final Results of Full 
Sunset Review of the Suspension Agreement, 74 FR 11910 (March 20, 
2009).
    On October 13, 2009, pursuant to section 751(c) of the Act, the ITC 
determined that revocation of the antidumping duty order on CTL plate 
from the PRC and termination of the Agreements on CTL plate from Russia 
and Ukraine would be likely to lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. See Cut-to-Length Carbon Steel Plate From China, 
Russia, and Ukraine, 74 FR 56666 (November 2, 2009).
    Therefore, pursuant to section 351.218(f)(4) of the Department's 
regulations, the Department is publishing this notice of the 
continuation of the antidumping duty order on CTL plate from the PRC 
and continuation of the Agreements on CTL plate from Russia and 
Ukraine.

Scope

    The products covered under the antidumping duty order and the 
Agreements are hot-rolled iron and non-alloy steel 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 thickness of not less than 4 mm, 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 iron and non-alloy steel 
flat-rolled products not in coils, 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 mm or more in thickness and of a width which exceeds 150 mm and 
measures at least twice the thickness. Included as subject merchandise 
in this order and these Agreements are flat-rolled products of 
nonrectangular 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 
bevelled or rounded at the edges. This merchandise is currently 
classified 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, 7212.50.0000. 
Excluded from the subject merchandise within the scope of this order 
and these Agreements is grade X-70 plate. Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the order and the Agreements is 
dispositive.

Continuation

    As a result of the respective determinations by the Department and 
the ITC that revocation of the antidumping duty order on CTL plate from 
the PRC and termination of the Agreements on CTL plate from Russia and 
Ukraine would likely lead to continuation or recurrence of dumping and 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, the Department hereby gives notice of the 
continuation of the antidumping duty order on CTL plate from the PRC 
and the continuation of the Agreements on CTL plate from Russia and 
Ukraine. The effective dates of continuation will be the date of 
publication in the Federal Register of this Continuation Notice. 
Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department 
intends to initiate the next five-year sunset reviews of the 
antidumping duty order on CTL plate from the PRC and the Agreements on 
CTL plate from Russia and Ukraine not later than October 2014.
    These five-year (sunset) reviews and notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: November 4, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-27085 Filed 11-9-09; 8:45 am]
BILLING CODE 3510-DS-S