Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China: Final Results of the 2007-2008 Administrative Review of the Antidumping Duty Order, 8301-8303 [2010-3743]
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices
DATES: Written comments must be
submitted on or before April 26, 2010.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Marc Lemmond, Office of
Energy & Environmental Industries,
(202) 482–3889, fax: (202) 482–5665, or
marc.lemmond@trade.gov.
SUPPLEMENTARY INFORMATION:
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
I. Abstract
Dated: February 19, 2010.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
The International Trade
Administration’s Office of Energy and
Environmental Industries (OEEI) is the
principal resource and key contact point
within the U.S. Department of
Commerce for American energy and
environmental technology companies.
The goal of OEEI is to facilitate and
increase exports of energy and
environmental technologies, goods and
services by providing support and
guidance to U.S. exporters. One aspect
of increasing exports is to reduce trade
barriers and non-tariff measures. OEEI
works closely with the Office of the U.S.
Trade Representative on trade
negotiations and trade liberalization
initiatives. The information collected by
this survey will be used to support these
projects and enable OEEI to maintain a
current, up-to-date list of non-tariff
measures that create trade barriers for
U.S. exports of environmental goods
and services.
II. Method of Collection
Electronic submission via https://
www.export.gov/envirotech.
pwalker on DSK8KYBLC1PROD with NOTICES
III. Data
OMB Control Number: 0625–0241.
Form Number: ITA–4150P.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
200.
Estimated Time Per Response: 10
minutes.
Estimated Total Annual Burden
Hours: 33.
Estimated Total Annual Costs: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
VerDate Nov<24>2008
16:49 Feb 23, 2010
Jkt 220001
[FR Doc. 2010–3638 Filed 2–23–10; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–849
Certain Cut–to-Length Carbon Steel
Plate From the People’s Republic of
China: Final Results of the 2007–2008
Administrative Review of the
Antidumping Duty Order
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 10, 2009, the
Department of Commerce
(‘‘Department’’) published Certain Cut–
to-Length Carbon Steel Plate From the
People’s Republic of China: Preliminary
Results and Partial Rescission of
Antidumping Duty Administrative
Review, 74 FR 39921 (August 10, 2009)
(‘‘Preliminary Results’’). The period of
review (‘‘POR’’) is November 1, 2007,
through October 31, 2008. The
administrative review covers one
respondent, Hunan Valin Xiangtan Iron
& Steel Co., Ltd. (‘‘Valin Xiangtan’’).
We invited interested parties to
comment on our Preliminary Results.
Based on our analysis of the comments
received, we made certain changes to
our margin calculation for Valin
Xiangtan. The final dumping margin for
this review is listed in the ‘‘Final Results
Margins’’ section below.
EFFECTIVE DATE: February 24, 2010.
FOR FURTHER INFORMATION CONTACT:
Demitrios Kalogeropoulos or Trisha
Tran, AD/CVD Operations, Office 8,
Import Administration, International
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
8301
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–2623
and (202) 482–4852, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2009, the Department
published its Preliminary Results in the
antidumping duty administrative review
of certain cut–to-length carbon steel
plate (‘‘CTL plate’’) from the People’s
Republic of China (‘‘PRC’’).
On August 8, 2009, Valin Xiangtan
and domestic interested party, Nucor
Corporation (‘‘Nucor’’) submitted
surrogate value information. On August
17, 2009 Valin Xiangtan submitted
rebuttal comments for the surrogate
value information submitted by Nucor.
We received additional factual
information regarding the
implementation of export licenses on
August 20, 2009, from Nucor and Valin
Xiangtan. On September 2, 2009, we
received the second supplemental
Section D questionnaire response from
Valin Xiangtan. On September 9, 2009,
Nucor submitted a request for a formal
hearing regarding issues raised in its
case and rebuttal brief, and submitted a
letter withdrawing the request for a
hearing on October 16, 2009. Valin
Xiangtan submitted its case brief and
rebuttal brief on October 1, and October
13, 2009, respectively. Nucor submitted
its case brief and rebuttal brief on
October 1, and October 9, 2009,
respectively. On October 9, 2009, Valin
Xiangtan submitted comments regarding
alleged new factual information in
Nucor’s case brief. On October 15, 2009,
Nucor replied to the October 9, 2009,
comments from Valin Xiangtan. On
November 4, 2009, the Department
drafted a Memo to the File stating that
allegations of new factual information
were unfounded. On November 20,
2009, the Department extended the
deadline for the final results of review.
See Certain Cut–to-Length Carbon Steel
Plate from the People’s Republic of
China: Notice of Extension of Time
Limit for Final Results of Administrative
Review, 74 FR 60237 (November 20,
2009).
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the
Memorandum from John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, regarding, Certain Cut–
to-Length Carbon Steel Plate From the
E:\FR\FM\24FEN1.SGM
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8302
Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices
People’s Republic of China: Issues and
Decision Memorandum for the Final
Results of the 2007–2008
Administrative Review, dated
concurrently with this notice (‘‘Issues
and Decision Memorandum’’), which is
hereby adopted by this notice. A list of
the issues that parties raised and to
which we responded in the Issues and
Decision Memorandum follows as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file in the Central
Records Unit (‘‘CRU’’), Main Commerce
Building, Room 1117, and is also
accessible on the Web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Issues and
Decision Memorandum are identical in
content.
pwalker on DSK8KYBLC1PROD with NOTICES
Period of Review
The POR is November 1, 2007,
through October 31, 2008.
Scope of the Order
The products covered by the order are
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 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 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 mm or
more in thickness and of a width which
exceeds 150 mm 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,
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
subject merchandise within the scope of
this order and these Agreements is grade
VerDate Nov<24>2008
16:49 Feb 23, 2010
Jkt 220001
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.1
Changes Since the Preliminary Results
Based on an analysis of the comments
received, the Department has made
certain changes to the margin
calculation for Valin Xiangtan. For the
final results, the Department has made
the following changes:
• We have revised the surrogate value
for certain gas by–products. See Issues
and Decisions Memorandum at
Comment 5; see also Memorandum
regarding, Factors Valuations for the
Final Results of the 2007–2008
Administrative Review of the
Antidumping Duty Order on Certain
Cut–to-Length Carbon Steel Plate From
the People’s Republic of China, dated
concurrently with this notice (‘‘Final SV
Memo’’).
• We have revised the surrogate value
for dolomite in our margin calculation.
See Issues and Decisions Memorandum
at Comment 6; see also Final SV Memo.
• We have granted certain by–product
offsets in our margin calculation. See
Issues and Decisions Memorandum at
Comment 10; see also Memorandum
regarding, 2007–2008 Administrative
Review of the Antidumping Duty Order
on Certain Cut–to-Length Carbon Steel
Plate From the People’s Republic of
China: Analysis of the Final Results
Margin Calculation for Valin Xiangtan,
dated concurrently with this notice
(‘‘Final Analysis Memorandum’’).
• We have fixed certain programming
errors. See Issues and Decisions
Memorandum at Comment 11; see also
Final Analysis Memorandum.
• We have valued electrodes in our
normal value calculation. See Issues and
1 Inadvertently, the scope listed in the
Preliminary Results included the following
language: ‘‘{a}lso 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.’’ This exclusion is not part of the
scope, but was inadvertently included after a
changed circumstances review on CTL plate from
Finland, Germany, and the UK. See Certain Cut-ToLength Carbon Steel Plate from Finland, Germany
and the United Kingdom: Final Results of Changed
Circumstances Antidumping Duty and
Countervailing Duty Reviews, and Revocation of
Orders in Part, 64 FR 46343 (August 25, 1999). See
also 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, 74 FR 57994
(November 10, 2009). Accordingly, this language is
removed from the scope for these final results.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Decisions Memorandum at Comment
12; see also Final Analysis
Memorandum.
Final Results Margin
We determine the weighted–average
dumping margin for Valin Xiangtan for
the period November 1, 2007, through
October 31, 2008, to be 0.00 percent.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. For
assessment purposes, we calculated
importer (or customer)-specific
assessment rates for merchandise
subject to this review. Where
appropriate, we calculated an ad
valorem rate for each importer (or
customer) by dividing the total dumping
margins for reviewed sales to that party
by the total entered values associated
with those transactions. For duty–
assessment rates calculated on this
basis, we will direct CBP to assess the
resulting ad valorem rate against the
entered customs values for the subject
merchandise. Where appropriate, we
calculated a per–unit rate for each
importer (or customer) by dividing the
total dumping margins for reviewed
sales to that party by the total sales
quantity associated with those
transactions. For duty–assessment rates
calculated on this basis, we will direct
CBP to assess the resulting per–unit rate
against the entered quantity of the
subject merchandise. Where an importer
(or customer)-specific assessment rate is
de minimis (i.e., less than 0.50 percent),
the Department will instruct CBP to
liquidate that importer (or customer’s)
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
We intend to instruct CBP to liquidate
entries containing subject merchandise
exported by the PRC–wide entity at the
estimated antidumping duty rate in
effect at the time of entry. 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 cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
E:\FR\FM\24FEN1.SGM
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices
date, as provided for by section
751(a)(2)(C) of the Act: 1) for Valin
Xiangtan, the cash deposit rate will be
0.00 percent, as listed above; 2) for
previously investigated or reviewed PRC
and non–PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter–specific rate published for the
most recent period; 3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC–wide rate of 128.59 percent;
and 4) for all non–PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporter that supplied that non–
PRC exporter. The deposit requirements
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) 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 the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3), 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.
pwalker on DSK8KYBLC1PROD with NOTICES
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
We are issuing and publishing the
final results and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
16:49 Feb 23, 2010
Jkt 220001
Appendix I
Comment 1: Whether to Deny Valin
Xiangtan a Separate Rate
Comment 2: Whether the Department’s
Separate Rate Test is Flawed
Comment 3: Whether to Collapse Valin
Xiangtan with Other Producers
Comment 4: Selection of POR for SVs,
ME purchases, and FOP data
Comment 5: Surrogate Value of Certain
Gas By–Products
Comment 6: Valuation of Dolomite
Comment 7: Valuation of Ferric Oxide
Comment 8: Selection of Financial
Statements
Comment 9: Treatment of Subsidized
Countries in Import Statistics
Comment 10: Whether to Grant By–
Product Offsets
Comment 11: Programming Errors Distances
Comment 12: Valuing Electrodes
[FR Doc. 2010–3743 Filed 2–23–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XK26
Marine Mammals; File No. 13430
Notification Regarding APOs
VerDate Nov<24>2008
Dated: February 16, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
SUMMARY: Notice is hereby given that
NMFS National Marine Mammal
Laboratory, (Responsible Party: Dr. John
Bengtson, Director), Seattle, WA, has
been issued a permit to conduct
research on marine mammals.
ADDRESSES: The permit 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) 713–0376; and
Northwest Region, NMFS, 7600 Sand
Point Way NE, BIN C15700, Bldg. 1,
Seattle, WA 98115–0700; phone (206)
526–6150; fax (206) 526–6426.
FOR FURTHER INFORMATION CONTACT:
Tammy Adams or Kate Swails, (301)
713–2289.
PO 00000
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8303
On
September 8, 2008, notice was
published in the Federal Register (73
FR 52027) that a request for a permit to
conduct research on Pacific harbor seals
(Phoca vitulina), California sea lions
(Zalophus californianus), and northern
elephant seals (Mirounga angustirostris)
within coastal waters and on pinniped
rookeries and haul outs of Washington
and Oregon had been submitted by the
above-named applicant. On September
18, 2009, a notice was published in the
Federal Register (74 FR 47918)
announcing that the applicant had
revised their request for a permit to
include Eastern Distinct Population
Segment Steller sea lions (Eumetopias
jubatus) and Southern Resident killer
whales (Orcinus orca). The requested
permit has been issued under the
authority of the Marine Mammal
Protection Act of 1972, as amended (16
U.S.C. 1361 et seq.), the regulations
governing the taking and importing of
marine mammals (50 CFR part 216), the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.),
and the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
The permit is valid through January
31, 2015, for harassment of marine
mammals during aerial, vessel, and
ground surveys; capture of pinnipeds
for collection of tissue samples,
attachment of scientific instruments and
application of marks (flipper tags,
brands, etc.); and harassment of marine
mammals during underwater playback
experiments. The permit also allows for
a limited number of research-related
mortality of marine mammals.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an environmental
assessment (EA) was prepared analyzing
the effects of the permitted activities on
the human environment. Based on the
analyses in the EA, NMFS determined
that issuance of the permit would not
significantly impact the quality of the
human environment and that
preparation of an environmental impact
statement was not required. That
determination is documented in a
Finding of No Significant Impact
(FONSI), signed on February 16, 2010.
Issuance of this permit, as required by
the ESA, was based on a finding that
such permit: (1) was applied for in good
faith; (2) will not operate to the
disadvantage of such endangered
species; and (3) is consistent with the
purposes and policies set forth in
section 2 of the ESA.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\24FEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Notices]
[Pages 8301-8303]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3743]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-849
Certain Cut-to-Length Carbon Steel Plate From the People's
Republic of China: Final Results of the 2007-2008 Administrative Review
of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 10, 2009, the Department of Commerce
(``Department'') published Certain Cut-to-Length Carbon Steel Plate
From the People's Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 74 FR 39921
(August 10, 2009) (``Preliminary Results''). The period of review
(``POR'') is November 1, 2007, through October 31, 2008. The
administrative review covers one respondent, Hunan Valin Xiangtan Iron
& Steel Co., Ltd. (``Valin Xiangtan'').
We invited interested parties to comment on our Preliminary
Results. Based on our analysis of the comments received, we made
certain changes to our margin calculation for Valin Xiangtan. The final
dumping margin for this review is listed in the ``Final Results
Margins'' section below.
EFFECTIVE DATE: February 24, 2010.
FOR FURTHER INFORMATION CONTACT: Demitrios Kalogeropoulos or Trisha
Tran, 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 and (202) 482-4852, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2009, the Department published its Preliminary
Results in the antidumping duty administrative review of certain cut-
to-length carbon steel plate (``CTL plate'') from the People's Republic
of China (``PRC'').
On August 8, 2009, Valin Xiangtan and domestic interested party,
Nucor Corporation (``Nucor'') submitted surrogate value information. On
August 17, 2009 Valin Xiangtan submitted rebuttal comments for the
surrogate value information submitted by Nucor. We received additional
factual information regarding the implementation of export licenses on
August 20, 2009, from Nucor and Valin Xiangtan. On September 2, 2009,
we received the second supplemental Section D questionnaire response
from Valin Xiangtan. On September 9, 2009, Nucor submitted a request
for a formal hearing regarding issues raised in its case and rebuttal
brief, and submitted a letter withdrawing the request for a hearing on
October 16, 2009. Valin Xiangtan submitted its case brief and rebuttal
brief on October 1, and October 13, 2009, respectively. Nucor submitted
its case brief and rebuttal brief on October 1, and October 9, 2009,
respectively. On October 9, 2009, Valin Xiangtan submitted comments
regarding alleged new factual information in Nucor's case brief. On
October 15, 2009, Nucor replied to the October 9, 2009, comments from
Valin Xiangtan. On November 4, 2009, the Department drafted a Memo to
the File stating that allegations of new factual information were
unfounded. On November 20, 2009, the Department extended the deadline
for the final results of review. See Certain Cut-to-Length Carbon Steel
Plate from the People's Republic of China: Notice of Extension of Time
Limit for Final Results of Administrative Review, 74 FR 60237 (November
20, 2009).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Memorandum from John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, regarding, Certain Cut-to-Length Carbon Steel
Plate From the
[[Page 8302]]
People's Republic of China: Issues and Decision Memorandum for the
Final Results of the 2007-2008 Administrative Review, dated
concurrently with this notice (``Issues and Decision Memorandum''),
which is hereby adopted by this notice. A list of the issues that
parties raised and to which we responded in the Issues and Decision
Memorandum follows as an appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file in the Central
Records Unit (``CRU''), Main Commerce Building, Room 1117, and is also
accessible on the Web at https://ia.ita.doc.gov/frn. The paper copy and
electronic version of the Issues and Decision Memorandum are identical
in content.
Period of Review
The POR is November 1, 2007, through October 31, 2008.
Scope of the Order
The products covered by the order are 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 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 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 mm or more in thickness and of a width which exceeds
150 mm 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, 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 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.\1\
---------------------------------------------------------------------------
\1\ Inadvertently, the scope listed in the Preliminary Results
included the following language: ``{a{time} lso 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.'' This exclusion is not part of the scope, but
was inadvertently included after a changed circumstances review on
CTL plate from Finland, Germany, and the UK. See Certain Cut-To-
Length Carbon Steel Plate from Finland, Germany and the United
Kingdom: Final Results of Changed Circumstances Antidumping Duty and
Countervailing Duty Reviews, and Revocation of Orders in Part, 64 FR
46343 (August 25, 1999). See also 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, 74 FR 57994 (November 10, 2009).
Accordingly, this language is removed from the scope for these final
results.
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Changes Since the Preliminary Results
Based on an analysis of the comments received, the Department has
made certain changes to the margin calculation for Valin Xiangtan. For
the final results, the Department has made the following changes:
We have revised the surrogate value for certain gas by-
products. See Issues and Decisions Memorandum at Comment 5; see also
Memorandum regarding, Factors Valuations for the Final Results of the
2007-2008 Administrative Review of the Antidumping Duty Order on
Certain Cut-to-Length Carbon Steel Plate From the People's Republic of
China, dated concurrently with this notice (``Final SV Memo'').
We have revised the surrogate value for dolomite in our margin
calculation. See Issues and Decisions Memorandum at Comment 6; see also
Final SV Memo.
We have granted certain by-product offsets in our margin
calculation. See Issues and Decisions Memorandum at Comment 10; see
also Memorandum regarding, 2007-2008 Administrative Review of the
Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate From
the People's Republic of China: Analysis of the Final Results Margin
Calculation for Valin Xiangtan, dated concurrently with this notice
(``Final Analysis Memorandum'').
We have fixed certain programming errors. See Issues and
Decisions Memorandum at Comment 11; see also Final Analysis Memorandum.
We have valued electrodes in our normal value calculation. See
Issues and Decisions Memorandum at Comment 12; see also Final Analysis
Memorandum.
Final Results Margin
We determine the weighted-average dumping margin for Valin Xiangtan
for the period November 1, 2007, through October 31, 2008, to be 0.00
percent.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
of subject merchandise in accordance with the final results of this
review. For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. Where
appropriate, we calculated an ad valorem rate for each importer (or
customer) by dividing the total dumping margins for reviewed sales to
that party by the total entered values associated with those
transactions. For duty-assessment rates calculated on this basis, we
will direct CBP to assess the resulting ad valorem rate against the
entered customs values for the subject merchandise. Where appropriate,
we calculated a per-unit rate for each importer (or customer) by
dividing the total dumping margins for reviewed sales to that party by
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess
the resulting per-unit rate against the entered quantity of the subject
merchandise. Where an importer (or customer)-specific assessment rate
is de minimis (i.e., less than 0.50 percent), the Department will
instruct CBP to liquidate that importer (or customer's) entries of
subject merchandise without regard to antidumping duties, in accordance
with 19 CFR 351.106(c)(2). We intend to instruct CBP to liquidate
entries containing subject merchandise exported by the PRC-wide entity
at the estimated antidumping duty rate in effect at the time of entry.
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 cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication
[[Page 8303]]
date, as provided for by section 751(a)(2)(C) of the Act: 1) for Valin
Xiangtan, the cash deposit rate will be 0.00 percent, as listed above;
2) for previously investigated or reviewed PRC and non-PRC exporters
not listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; 3) for all PRC exporters of subject merchandise which have not
been found to be entitled to a separate rate, the cash deposit rate
will be the PRC-wide rate of 128.59 percent; and 4) for all non-PRC
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the PRC
exporter that supplied that non-PRC exporter. The deposit requirements
shall remain in effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), 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.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
We are issuing and publishing the final results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 16, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Comment 1: Whether to Deny Valin Xiangtan a Separate Rate
Comment 2: Whether the Department's Separate Rate Test is Flawed
Comment 3: Whether to Collapse Valin Xiangtan with Other Producers
Comment 4: Selection of POR for SVs, ME purchases, and FOP data
Comment 5: Surrogate Value of Certain Gas By-Products
Comment 6: Valuation of Dolomite
Comment 7: Valuation of Ferric Oxide
Comment 8: Selection of Financial Statements
Comment 9: Treatment of Subsidized Countries in Import Statistics
Comment 10: Whether to Grant By-Product Offsets
Comment 11: Programming Errors - Distances
Comment 12: Valuing Electrodes
[FR Doc. 2010-3743 Filed 2-23-10; 8:45 am]
BILLING CODE 3510-DS-S
