Clad Steel Plate from Japan: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 31834-31835 [2012-13103]

Download as PDF 31834 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Notices duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a 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 19 CFR 351.305, 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. This notice is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: May 14, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–13072 Filed 5–29–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–838] Clad Steel Plate from Japan: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 1, 2012, the Department of Commerce (the Department) initiated the third sunset review of the antidumping duty order on clad steel plate from Japan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of a notice of intent to participate on behalf of the domestic interested party, and no response from respondent interested parties, the Department conducted an expedited (120-day) sunset review for this order pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to the continuation or recurrence of dumping. DATES: Effective Date: May 30, 2012. FOR FURTHER INFORMATION CONTACT: David Crespo, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th srobinson on DSK4SPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 17:58 May 29, 2012 Jkt 226001 Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3693. SUPPLEMENTARY INFORMATION: Background On February 1, 2012, the Department published the notice of initiation of the third sunset review of the antidumping duty order on clad steel plate from Japan pursuant to section 751(c) of the Act. See Initiation of Five-Year (Sunset) Review, 77 FR 4995 (Feb. 1, 2012) (Notice of Initiation). On February 15, 2012, the Department received a notice of intent to participate from ArcelorMittal USA, LLC (AMUSA), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i). The company claimed interested party status under section 771(9)(C) of the Act as a U.S. producer of clad steel plate in the United States. The Department received an adequate substantive response to the notice of initiation from AMUSA within the 30day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive responses from respondent interested parties with respect to the order covered by this sunset review. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-day) sunset review of the antidumping duty order on clad steel plate from Japan. Scope of the Order The scope of the order is all clad 1 steel plate of a width of 600 millimeters (mm) or more and a composite thickness of 4.5 mm or more. Clad steel plate is a rectangular finished steel mill product consisting of a layer of cladding material (usually stainless steel or nickel) which is metallurgically bonded to a base or backing of ferrous metal (usually carbon or low alloy steel) where the latter predominates by weight. 1 Cladding is the association of layers of metals of different colors or natures by molecular interpenetration of the surfaces in contact. This limited diffusion is characteristic of clad products and differentiates them from products metalized in other manners (e.g., by normal electroplating). The various cladding processes include pouring molten cladding metal onto the basic metal followed by rolling; simple hot-rolling of the cladding metal to ensure efficient welding to the basic metal; any other method of deposition of superimposing of the cladding metal followed by any mechanical or thermal process to ensure welding (e.g., electrocladding), in which the cladding metal (nickel, chromium, etc.) is applied to the basic metal by electroplating, molecular interpenetration of the surfaces in contact then being obtained by heat treatment at the appropriate temperature with subsequent cold rolling. See Harmonized Commodity Description and Coding System Explanatory Notes, Chapter 72, General Note (IV)(C)(2)(e). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Stainless clad steel plate is manufactured to American Society for Testing and Materials (ASTM) specifications A263 (400 series stainless types) and A264 (300 series stainless types). Nickel and nickel-base alloy clad steel plate is manufactured to ASTM specification A265. These specifications are illustrative but not necessarily allinclusive. Clad steel plate within the scope of the order is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) 7210.90.10.00. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, entitled, ‘‘Issues and Decision Memorandum for the Expedited Third Sunset Review of the Antidumping Duty Order on Clad Steel Plate from Japan,’’ dated May 31, 2012 (Decision Memo), which is hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margin 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 electronically via IA ACCESS in the Central Records Unit, Room 7046, of the main Department of Commerce building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic versions of the Decision Memo are identical in content. Final Results of Review We determine that revocation of the antidumping duty order on clad steel plate from Japan would be likely to lead to the continuation or recurrence of dumping at the following weightedaverage dumping margins: 2 2 The Department assigned this margin of 118.53 percent in the less than fair value investigation on the basis of total adverse facts available using the rate contained in the petition. See Notice of Final Determination of Sales at Less Than Fair Value: Clad Steel Plate From Japan, 61 FR 21158, 21159 (May 9, 1996). E:\FR\FM\30MYN1.SGM 30MYN1 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Notices These documents are also available upon written request or by appointment in the following offices: Permits and Conservation Division, Office of Protected Resources, NMFS, The Japan Steel Company ... 118.53 All Others .............................. 118.53 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)427–8401; fax (301)713–0376; and This notice also serves as the only Alaska Region, NMFS, P.O. Box reminder to parties subject to 21668, Juneau, AK 99802–1668; phone administrative protective order (APO) of (907)586–7221; fax (907)586–7249. their responsibility concerning the Written comments on this application return or destruction of proprietary should be submitted to the Chief, information disclosed under APO in Permits and Conservation Division, at accordance with 19 CFR 351.305. the address listed above. Comments may Timely notification of the return or also be submitted by facsimile to destruction of APO materials or (301)713–0376, or by email to conversion to judicial protective orders NMFS.Pr1Comments@noaa.gov. Please is hereby requested. Failure to comply include the File No. in the subject line with the regulations and terms of an of the email comment. APO is a violation which is subject to Those individuals requesting a public sanction. hearing should submit a written request We are issuing and publishing the to the Chief, Permits and Conservation results and notice in accordance with Division at the address listed above. The sections 751(c), 752(c), and 777(i)(1) of request should set forth the specific the Act. reasons why a hearing on these applications would be appropriate. Dated: May 22, 2012. FOR FURTHER INFORMATION CONTACT: Paul Piquado, Laura Morse or Jennifer Skidmore, Assistant Secretary for Import (301)427–8401. Administration. SUPPLEMENTARY INFORMATION: The [FR Doc. 2012–13103 Filed 5–29–12; 8:45 am] subject permit is requested under the BILLING CODE 3510–DS–P authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the DEPARTMENT OF COMMERCE regulations governing the taking and importing of marine mammals (50 CFR National Oceanic and Atmospheric part 216), the Endangered Species Act of Administration 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), the regulations governing the RIN 0648–XB158 taking, importing, and exporting of endangered and threatened species (50 Marine Mammals; File No. 16580 CFR 222–226), and the Fur Seal Act of AGENCY: National Marine Fisheries 1966, as amended (16 U.S.C. 1151 et Service (NMFS), National Oceanic and seq.). Atmospheric Administration (NOAA), The objectives of the proposed Commerce. research are to examine reproductive, nutritional and stress physiology, and ACTION: Notice; receipt of application. morphology in marine mammals. The applicant is requesting to receive and SUMMARY: Notice is hereby given that Shannon Atkinson, Ph.D., University of export samples of marine mammals taken by Alaskan Native subsistence Alaska Fairbanks, 17101 Pt. Lena Loop hunters, and receive, and import/export Road, Juneau, AK 99801 has applied in specimens from foreign scientists in due form for a permit to import, export, academic, federal, and state institutions and receive marine mammal parts for involved in legally authorized marine scientific research. mammal research. The applicant DATES: Written, telefaxed, or email requests parts for all marine mammal comments must be received on or before species under NMFS jurisdiction. June 29, 2012. Marine mammal parts will be used ADDRESSES: The application and related incidentally for educational purposes. documents are available for review by Import/export activities would occur selecting ‘‘Records Open for Public world-wide. No live animals would be Comment’’ from the Features box on the harassed or taken, lethally or otherwise, Applications and Permits for Protected under the requested permit. The Species (APPS) home page, https:// requested duration of the permit is 5 apps.nmfs.noaa.gov, and then selecting years. File No. 16580 from the list of available In compliance with the National applications. Environmental Policy Act of 1969 (42 srobinson on DSK4SPTVN1PROD with NOTICES Manufacturers/Exporters/Producers VerDate Mar<15>2010 17:58 May 29, 2012 Weighted-average dumping margin (percent) Jkt 226001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 31835 U.S.C. 4321 et seq.), an initial determination has been made that the activities proposed are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding a copy of the application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: May 23, 2012. Tammy C. Adams, Acting Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2012–13115 Filed 5–29–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC049 Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; availability of tribal harvest plan evaluation and request for comment. AGENCY: Notice is hereby given that the Shoshone-Bannock Tribes have submitted a Tribal Resource Management Plan (Tribal Plan) to NMFS pursuant to the limitation on take prohibitions for actions conducted under Tribal Plans promulgated under the Endangered Species Act (ESA). The Tribal Plan specifies the management of ceremonial and subsistence fisheries in the Salmon River basin in the State of Idaho that potentially affect Snake River salmon and steelhead listed as threatened under the ESA. This document serves to notify the public of the availability for comment of the proposed evaluation of the Secretary of Commerce (Secretary) as to whether implementation of the Tribal Plan will appreciably reduce the likelihood of survival and recovery of Snake River salmon and steelhead. This notice further advises the public of the availability for review of an Environmental Assessment of the effects of the NMFS determination on the subject Tribal Plan. DATES: Comments must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific time on June 29, 2012. SUMMARY: E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Pages 31834-31835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13103]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-838]


Clad Steel Plate from Japan: Final Results of the Expedited Third 
Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 1, 2012, the Department of Commerce (the 
Department) initiated the third sunset review of the antidumping duty 
order on clad steel plate from Japan, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act). On the basis of a notice of 
intent to participate on behalf of the domestic interested party, and 
no response from respondent interested parties, the Department 
conducted an expedited (120-day) sunset review for this order pursuant 
to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, 
the Department finds that revocation of the antidumping duty order 
would be likely to lead to the continuation or recurrence of dumping.

DATES: Effective Date: May 30, 2012.

FOR FURTHER INFORMATION CONTACT: David Crespo, AD/CVD Operations, 
Office 2, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3693.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2012, the Department published the notice of 
initiation of the third sunset review of the antidumping duty order on 
clad steel plate from Japan pursuant to section 751(c) of the Act. See 
Initiation of Five-Year (Sunset) Review, 77 FR 4995 (Feb. 1, 2012) 
(Notice of Initiation).
    On February 15, 2012, the Department received a notice of intent to 
participate from ArcelorMittal USA, LLC (AMUSA), a domestic interested 
party, within the deadline specified in 19 CFR 351.218(d)(1)(i). The 
company claimed interested party status under section 771(9)(C) of the 
Act as a U.S. producer of clad steel plate in the United States.
    The Department received an adequate substantive response to the 
notice of initiation from AMUSA within the 30-day deadline specified in 
19 CFR 351.218(d)(3)(i). We received no substantive responses from 
respondent interested parties with respect to the order covered by this 
sunset review. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), 
the Department conducted an expedited (120-day) sunset review of the 
antidumping duty order on clad steel plate from Japan.

Scope of the Order

    The scope of the order is all clad \1\ steel plate of a width of 
600 millimeters (mm) or more and a composite thickness of 4.5 mm or 
more. Clad steel plate is a rectangular finished steel mill product 
consisting of a layer of cladding material (usually stainless steel or 
nickel) which is metallurgically bonded to a base or backing of ferrous 
metal (usually carbon or low alloy steel) where the latter predominates 
by weight.
---------------------------------------------------------------------------

    \1\ Cladding is the association of layers of metals of different 
colors or natures by molecular interpenetration of the surfaces in 
contact. This limited diffusion is characteristic of clad products 
and differentiates them from products metalized in other manners 
(e.g., by normal electroplating). The various cladding processes 
include pouring molten cladding metal onto the basic metal followed 
by rolling; simple hot-rolling of the cladding metal to ensure 
efficient welding to the basic metal; any other method of deposition 
of superimposing of the cladding metal followed by any mechanical or 
thermal process to ensure welding (e.g., electrocladding), in which 
the cladding metal (nickel, chromium, etc.) is applied to the basic 
metal by electroplating, molecular interpenetration of the surfaces 
in contact then being obtained by heat treatment at the appropriate 
temperature with subsequent cold rolling. See Harmonized Commodity 
Description and Coding System Explanatory Notes, Chapter 72, General 
Note (IV)(C)(2)(e).
---------------------------------------------------------------------------

    Stainless clad steel plate is manufactured to American Society for 
Testing and Materials (ASTM) specifications A263 (400 series stainless 
types) and A264 (300 series stainless types). Nickel and nickel-base 
alloy clad steel plate is manufactured to ASTM specification A265. 
These specifications are illustrative but not necessarily all-
inclusive.
    Clad steel plate within the scope of the order is classifiable 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
7210.90.10.00. Although the HTSUS subheading is provided for 
convenience and customs purposes, our written description of the scope 
of the order is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Memorandum 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Import Administration, entitled, ``Issues and Decision Memorandum 
for the Expedited Third Sunset Review of the Antidumping Duty Order on 
Clad Steel Plate from Japan,'' dated May 31, 2012 (Decision Memo), 
which is hereby adopted by this notice. The issues discussed in the 
Decision Memo include the likelihood of continuation or recurrence of 
dumping and the magnitude of the dumping margin 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 electronically via IA ACCESS in 
the Central Records Unit, Room 7046, of the main Department of Commerce 
building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic versions of the Decision Memo are identical in 
content.

Final Results of Review

    We determine that revocation of the antidumping duty order on clad 
steel plate from Japan would be likely to lead to the continuation or 
recurrence of dumping at the following weighted-average dumping 
margins: \2\
---------------------------------------------------------------------------

    \2\ The Department assigned this margin of 118.53 percent in the 
less than fair value investigation on the basis of total adverse 
facts available using the rate contained in the petition. See Notice 
of Final Determination of Sales at Less Than Fair Value: Clad Steel 
Plate From Japan, 61 FR 21158, 21159 (May 9, 1996).

[[Page 31835]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
            Manufacturers/Exporters/Producers             dumping margin
                                                             (percent)
------------------------------------------------------------------------
The Japan Steel Company.................................          118.53
All Others..............................................          118.53
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders 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: May 22, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-13103 Filed 5-29-12; 8:45 am]
BILLING CODE 3510-DS-P