Stainless Steel Plate in Coils From Belgium: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 21963-21964 [2012-8864]

Download as PDF Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices Failure to comply with the regulations and terms of an APO is a violation subject to sanction. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: April 3, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–8863 Filed 4–11–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–423–808] Stainless Steel Plate in Coils From Belgium: Notice of Final Results of Antidumping Duty Changed Circumstances Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) has determined that Aperam Stainless Belgium N.V. (‘‘Aperam’’) is the successor-in-interest to ArcelorMittal Stainless Belgium N.V. (‘‘AMSB’’). As a result, Aperam will be accorded the same treatment previously accorded AMSB with regard to the antidumping duty order on stainless steel plate in coils from Belgium (‘‘SSPC from Belgium’’), effective as of the date of publication of this notice in the Federal Register. DATES: Effective April 12, 2012. FOR FURTHER INFORMATION CONTACT: George McMahon or Stephanie Moore, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1167 and (202) 482–3692, respectively. AGENCY: Background mstockstill on DSK4VPTVN1PROD with NOTICES On May 21, 1999, the Department published in the Federal Register an antidumping duty order on stainless steel plate in coils from Belgium.1 On 1 See Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 64 FR 27756 (May 21, 1999), amended by Notice of Amended Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 68 FR 11520 (March 11, 2003); Notice of Amended Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 68 FR 16117 (April 2, 2003); and VerDate Mar<15>2010 16:27 Apr 11, 2012 Jkt 226001 June 14, 2011, Aperam filed a request for a changed circumstances review of the antidumping duty order on SSPC from Belgium. Aperam claimed that it is the successor-in-interest to AMSB and should be treated as such for purposes of the antidumping duty order. On July 29, 2011, the Department published its initiation of the instant changed circumstances review of the antidumping duty order on SSPC from Belgium.2 On October 26, 2011, the Department published its preliminary results of changed circumstances review of the AD Order on SSPC from Belgium.3 The Department preliminarily determined that Aperam is the successor-in-interest to AMSB and should be treated as such for purposes of the antidumping duty order. In the Preliminary Results, we stated that interested parties could submit case briefs to the Department no later than 30 days after the publication of the Preliminary Results in the Federal Register, and submit rebuttal briefs seven days subsequent to the due date of the case briefs. Aperam submitted a case brief on November 23, 2011, and no interested parties submitted a rebuttal brief. Analysis of Comments Received The issue raised in Aperam’s case brief is addressed in the ‘‘Issues and Decision Memorandum for the Final Results of the Changed Circumstances Review of the Antidumping Duty Order on Stainless Steel Plate in Coils from Belgium,’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, (‘‘Issues and Decision Memorandum’’),4 dated concurrently with this notice and which is hereby adopted by this notice. A list of the issues which parties have raised, Notice of Correction to the Amended Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 68 FR 20114 (April 24, 2003). 2 See Stainless Steel Plate in Coils From Belgium: Notice of Initiation of Antidumping Duty Changed Circumstances Review, 76 FR 45511 (July 29, 2011). 3 See Stainless Steel Plate in Coils from Belgium: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review 76 FR 66271 (October 26, 2011) (‘‘Preliminary Results’’). 4 The Issues and Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available in the Central Records Unit, main Commerce Building, Room 7046. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/. The signed Issues and Decision Memorandum and electronic version of the Issues and Decision Memorandum are identical in content. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 21963 and to which we have responded in the Issues and Decision Memorandum, is attached to this notice as an Appendix. Scope of the Antidumping Duty Order The product covered by this order is certain stainless steel plate in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject plate products are flat-rolled products, 254 mm or over in width and 4.75 mm or more in thickness, in coils, and annealed or otherwise heat treated and pickled or otherwise descaled. The subject plate may also be further processed (e.g., cold-rolled, polished, etc.) provided that it maintains the specified dimensions of plate following such processing. Excluded from the scope of this order are the following: (1) Plate not in coils; (2) Plate that is not annealed or otherwise heat treated and pickled or otherwise descaled; (3) Sheet and strip; and (4) Flat bars. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to these orders is dispositive. Final Results of Changed Circumstances Review Based on the information provided by Aperam, the Department’s analysis in the Preliminary Results (which we incorporate herein by reference), and in light of the fact that no interested parties submitted any comments on the Department’s preliminary finding with respect to Aperam, the Department hereby determines that Aperam is the successor-in-interest to AMSB and is entitled to AMSB’s treatment under the order. The Department will rely on the date of the publication of these final results of the instant changed circumstances review in the Federal E:\FR\FM\12APN1.SGM 12APN1 21964 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices Register as the effective date of this determination. DEPARTMENT OF COMMERCE Instructions to U.S. Customs and Border Protection [A–570–898] International Trade Administration We will instruct U.S. Customs and Border Protection to apply the cashdeposit rate in effect for AMSB to all entries of the subject merchandise from Aperam that were entered, or withdrawn from warehouse, for consumption on or after the date of publication of these final results of the changed circumstances review. Notifications 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results and notice in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Tariff Act of 1930, as amended, and 19 CFR 351.216(e). Dated: April 4, 2012. Paul Piquado, Assistant Secretary for Import Administration. Appendix I mstockstill on DSK4VPTVN1PROD with NOTICES List of Comments in the Issues and Decision Memorandum Comment 1: Retroactive Application of the Final Results [FR Doc. 2012–8864 Filed 4–11–12; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 16:27 Apr 11, 2012 Chlorinated Isocyanurates From the People’s Republic of China: Final Results of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 15, 2011, the Department of Commerce (the Department) published in the Federal Register the preliminary rescission of the antidumping duty new shipper review (NSR) of chlorinated isocyanurates from the People’s Republic of China (PRC) for Heze Huayi Chemical Co. Ltd. (Heze Huayi).1 We gave interested parties an opportunity to comment on the preliminary rescission. Based on our analysis of the comments received, we now are assigning Heze Huayi its own rate for these final results. See ‘‘Final Results of Review’’ section below. DATES: Effective April 12, 2012. FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1396. SUPPLEMENTARY INFORMATION: We preliminarily rescinded the NSR for Heze Huayi on November 15, 2011. See Preliminary Results. In the preliminary rescission notice, the Department stated that interested parties were to submit case briefs within 30 days of publication of the Preliminary Results and rebuttal briefs within five days after the due date for filing case briefs. We received a case brief from Heze Huayi on December 16, 2011; we received a rebuttal brief from the Clearon Corp. and Occidental Chemical Corporation (collectively, Petitioners) on December 22, 2011.2 On December 15, 2011, we received a hearing request from Heze Huayi, pursuant to 19 CFR 351.310(c). Also on December 15, 2011, Petitioners filed a request to participate in a hearing should one be requested by another party. On January 18, 2012, we conducted a closed session hearing concerning Heze Huayi’s unreported AGENCY: 1 See Chlorinated Isocyanurates from the People’s Republic of China: Preliminary Rescission of Antidumping Duty New Shipper Review, 76 FR 70705 (November 15, 2011) (Preliminary Results). 2 Petitioners filed an extension request for filing their rebuttal brief until December 22, 2011, and the Department granted the extension request. Jkt 226001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 sales that led to the Department’s preliminary rescission of the NSR. On February 1, 2012, the Department extended the time limit for the final results of the NSR.3 On February 22, 2012, Heze Huayi submitted a ‘‘Notice of New Authority’’ following the U.S. Court of International Trade (CIT) opinion 4 concerning the final results of the third NSR of the antidumping duty order of certain frozen fish fillets from the Socialist Republic of Vietnam,5 Petitioners filed a rebuttal response to the ‘‘Notice of New Authority’’ submission on February 29, 2012. Period of Review Pursuant to 19 CFR 351.214(g), the period of review (POR) for this NSR is June 1, 2010, through December 31, 2010. Scope of the Order The products covered by the order are chlorinated isocyanurates, which are derivatives of cyanuric acid, described as chlorinated s-triazine triones. There are three primary chemical compositions of chlorinated isocyanurates: (1) Trichloroisocyanuric acid (Cl3(NCO)3), (2) sodium dichloroisocyanurate (dihydrate) (NaCl2(NCO)3(2H2O), and (3) sodium dichloroisocyanurate (anhydrous) (NaCl2(NCO)3). Chlorinated isocyanurates are available in powder, granular, and tableted forms. The order covers all chlorinated isocyanurates. Chlorinated isocyanurates are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and 3808.94.5000 of the Harmonized Tariff Schedule of the United States (HTSUS). The tariff classification 2933.69.6015 covers sodium dichloroisocyanurates (anhydrous and dihydrate forms) and trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and 2933.69.6050 represent basket categories that include chlorinated isocyanurates and other compounds including an unfused triazine ring. Although the HTSUS subheadings are provided for convenience and customs purposes, the 3 See Chlorinated Isocyanurates From the People’s Republic of China: Extension of Time Limit for Final Results of Antidumping Duty New Shipper Review, 77 FR 4990 (February 1, 2012). 4 See Hiep Thanh Seafood Joint Stock Co. v. United States, Consol. Court No. 09–00270, Slip Op. 12–19 (February 15, 2012). 5 See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results of the Third New Shipper Reviews, 74 FR 29473 (June 22, 2009), and Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Amended Final Results of New Shipper Review 74 FR 37188 (July 28, 2009). E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Notices]
[Pages 21963-21964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8864]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-808]


Stainless Steel Plate in Coils From Belgium: Notice of Final 
Results of Antidumping Duty Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the ``Department'') has determined 
that Aperam Stainless Belgium N.V. (``Aperam'') is the successor-in-
interest to ArcelorMittal Stainless Belgium N.V. (``AMSB''). As a 
result, Aperam will be accorded the same treatment previously accorded 
AMSB with regard to the antidumping duty order on stainless steel plate 
in coils from Belgium (``SSPC from Belgium''), effective as of the date 
of publication of this notice in the Federal Register.

DATES: Effective April 12, 2012.

FOR FURTHER INFORMATION CONTACT: George McMahon or Stephanie Moore, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-1167 and (202) 
482-3692, respectively.

Background

    On May 21, 1999, the Department published in the Federal Register 
an antidumping duty order on stainless steel plate in coils from 
Belgium.\1\ On June 14, 2011, Aperam filed a request for a changed 
circumstances review of the antidumping duty order on SSPC from 
Belgium. Aperam claimed that it is the successor-in-interest to AMSB 
and should be treated as such for purposes of the antidumping duty 
order.
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Orders; Certain Stainless Steel Plate 
in Coils From Belgium, Canada, Italy, the Republic of Korea, South 
Africa, and Taiwan, 64 FR 27756 (May 21, 1999), amended by Notice of 
Amended Antidumping Duty Orders; Certain Stainless Steel Plate in 
Coils From Belgium, Canada, Italy, the Republic of Korea, South 
Africa, and Taiwan, 68 FR 11520 (March 11, 2003); Notice of Amended 
Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From 
Belgium, Canada, Italy, the Republic of Korea, South Africa, and 
Taiwan, 68 FR 16117 (April 2, 2003); and Notice of Correction to the 
Amended Antidumping Duty Orders; Certain Stainless Steel Plate in 
Coils From Belgium, Canada, Italy, the Republic of Korea, South 
Africa, and Taiwan, 68 FR 20114 (April 24, 2003).
---------------------------------------------------------------------------

    On July 29, 2011, the Department published its initiation of the 
instant changed circumstances review of the antidumping duty order on 
SSPC from Belgium.\2\
---------------------------------------------------------------------------

    \2\ See Stainless Steel Plate in Coils From Belgium: Notice of 
Initiation of Antidumping Duty Changed Circumstances Review, 76 FR 
45511 (July 29, 2011).
---------------------------------------------------------------------------

    On October 26, 2011, the Department published its preliminary 
results of changed circumstances review of the AD Order on SSPC from 
Belgium.\3\ The Department preliminarily determined that Aperam is the 
successor-in-interest to AMSB and should be treated as such for 
purposes of the antidumping duty order. In the Preliminary Results, we 
stated that interested parties could submit case briefs to the 
Department no later than 30 days after the publication of the 
Preliminary Results in the Federal Register, and submit rebuttal briefs 
seven days subsequent to the due date of the case briefs. Aperam 
submitted a case brief on November 23, 2011, and no interested parties 
submitted a rebuttal brief.
---------------------------------------------------------------------------

    \3\ See Stainless Steel Plate in Coils from Belgium: Notice of 
Preliminary Results of Antidumping Duty Changed Circumstances Review 
76 FR 66271 (October 26, 2011) (``Preliminary Results'').
---------------------------------------------------------------------------

Analysis of Comments Received

    The issue raised in Aperam's case brief is addressed in the 
``Issues and Decision Memorandum for the Final Results of the Changed 
Circumstances Review of the Antidumping Duty Order on Stainless Steel 
Plate in Coils from Belgium,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Import Administration, (``Issues and 
Decision Memorandum''),\4\ dated concurrently with this notice and 
which is hereby adopted by this notice. A list of the issues which 
parties have raised, and to which we have responded in the Issues and 
Decision Memorandum, is attached to this notice as an Appendix.
---------------------------------------------------------------------------

    \4\ The Issues and Decision Memorandum is a public document and 
is on file electronically via Import Administration's Antidumping 
and Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available in the Central Records Unit, main 
Commerce Building, Room 7046. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Web 
at http://ia.ita.doc.gov/frn/. The signed Issues and Decision 
Memorandum and electronic version of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

Scope of the Antidumping Duty Order

    The product covered by this order is certain stainless steel plate 
in coils. Stainless steel is an alloy steel containing, by weight, 1.2 
percent or less of carbon and 10.5 percent or more of chromium, with or 
without other elements. The subject plate products are flat-rolled 
products, 254 mm or over in width and 4.75 mm or more in thickness, in 
coils, and annealed or otherwise heat treated and pickled or otherwise 
descaled. The subject plate may also be further processed (e.g., cold-
rolled, polished, etc.) provided that it maintains the specified 
dimensions of plate following such processing. Excluded from the scope 
of this order are the following: (1) Plate not in coils; (2) Plate that 
is not annealed or otherwise heat treated and pickled or otherwise 
descaled; (3) Sheet and strip; and (4) Flat bars.
    The merchandise subject to this order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (``HTSUS'') at 
subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 
7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 
7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 
7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 
7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 
7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 
7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise subject to these orders is 
dispositive.

Final Results of Changed Circumstances Review

    Based on the information provided by Aperam, the Department's 
analysis in the Preliminary Results (which we incorporate herein by 
reference), and in light of the fact that no interested parties 
submitted any comments on the Department's preliminary finding with 
respect to Aperam, the Department hereby determines that Aperam is the 
successor-in-interest to AMSB and is entitled to AMSB's treatment under 
the order. The Department will rely on the date of the publication of 
these final results of the instant changed circumstances review in the 
Federal

[[Page 21964]]

Register as the effective date of this determination.

Instructions to U.S. Customs and Border Protection

    We will instruct U.S. Customs and Border Protection to apply the 
cash-deposit rate in effect for AMSB to all entries of the subject 
merchandise from Aperam that were entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of these final 
results of the changed circumstances review.

Notifications

    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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Tariff 
Act of 1930, as amended, and 19 CFR 351.216(e).

    Dated: April 4, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Issues and Decision Memorandum

Comment 1: Retroactive Application of the Final Results

[FR Doc. 2012-8864 Filed 4-11-12; 8:45 am]
BILLING CODE 3510-DS-P