Stainless Steel Bar From Brazil, India, Japan, and Spain: Continuation of Antidumping Duty Orders, 47595-47596 [2012-19574]

Download as PDF Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Notices Hunan Valin and issue appropriate instructions to CBP based on the final results of the review. See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (Oct. 24, 2011) and the ‘‘Assessment Rates’’ section, below. tkelley on DSK3SPTVN1PROD with NOTICES Separate Rates In the Initiation Notice, we informed entities of the opportunity to request a separate rate. In proceedings involving non-market economy (‘‘NME’’) countries, the Department begins with a rebuttable presumption that all entities within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to an administrative review involving an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. Entities that wanted to be considered for a separate rate in this review were required to timely file a separate rate application or a separate rate certification to demonstrate eligibility for a separate rate. Separate rate applications and separate rate certifications were due to the Department within 60 calendar days of the publication of the Initiation Notice. Neither Anshan nor Liaoning filed separate rate applications or certifications with the Department. Therefore, neither entity has established its eligibility for separate rate status. Thus, we are continuing to treat Anshan and Liaoning as part of the PRC-wide entity. The PRC-wide rate is 128.59 percent. Comments Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments within 30 days of the date of publication of this notice, pursuant to 19 CFR 351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the case briefs, will be due five days after the due date for case briefs, pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue, a summary of the argument not to exceed five pages, and a table of statutes, regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2). Pursuant to 19 CFR 351.310(c), interested parties, who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for VerDate Mar<15>2010 16:38 Aug 08, 2012 Jkt 226001 47595 Import Administration, U.S. Department of Commerce, filed electronically using Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days after the date of publication of this notice.14 Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. assigned to these companies in the most recently completed review of the companies; (2) for previously investigated or reviewed PRC and nonPRC exporters who are not under review in this segment of the proceeding but who 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 that have not been found to be entitled to a separate rate, including Anshan and Liaoning, the cash deposit rate will be the PRC-wide rate of 128.59 percent; 15 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(s) that supplied that nonPRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. The Department intends to instruct CBP to liquidate entries of subject merchandise from Anshan and Liaoning at the PRC-wide rate of 128.59 percent. Additionally, pursuant to a recently announced refinement to its assessment practice in NME cases, if the Department continues to determine that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate. For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (Oct. 24, 2011). This notice also serves as a preliminary 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 period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). 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 date, as provided for by section 751(a)(2)(C) of the Act: (1) For Baosteel and Hunan Valin, which claimed no shipments, the cash deposit rate will remain unchanged from the rate 14 See PO 00000 19 CFR 351.310(c). Frm 00007 Fmt 4703 Sfmt 4703 Notification to Importers Dated: August 1, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–19577 Filed 8–8–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–825, A–533–810, A–588–833, A–469– 805] Stainless Steel Bar From Brazil, India, Japan, and Spain: Continuation of Antidumping Duty Orders Import Administration, International Trade Administration, Department of Commerce. AGENCY: 15 For an explanation of the calculation of the PRC-wide rate, see Final Determination of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate from the People’s Republic of China, 62 FR 61964, 61965 (November 20, 1997). E:\FR\FM\09AUN1.SGM 09AUN1 47596 Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Notices As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty orders. DATES: Effective Date: August 9, 2012. FOR FURTHER INFORMATION: Bryan Hansen or Minoo Hatten, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3683 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: Background On December 1, 2011, the Department initiated the third sunset reviews of the antidumping duty orders 1 on stainless steel bar from Brazil, India, Japan, and Spain pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR 74775 (December 1, 2011). As a result of these sunset reviews, the Department determined that revocation of the antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain would be likely to lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail should the orders be revoked. See Stainless Steel Bar from Brazil, India, Japan, and Spain: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Orders, 77 FR 16207 (March 20, 2012). On August 1, 2012, pursuant to section 752(a) of the Act, the ITC published its determination that revocation of the antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Stainless Steel Bar From Brazil, India, Japan, and Spain; Determination, 77 FR 45653 (August 1, 2012), and ITC Publication 4341 (July 2012) entitled Stainless Steel Bar from 1 Antidumping Duty Orders: Stainless Steel Bar from Brazil, India and Japan, 60 FR 9661 (February 21, 1995) and Amended Final Determination and Antidumping Duty Order: Stainless Steel Bar from Spain, 60 FR 11656 (March 2, 1995). VerDate Mar<15>2010 16:38 Aug 08, 2012 Jkt 226001 Brazil, India, Japan, and Spain Investigation Nos. 731–TA–678, 679, 681, and 682 (Third Review). Scope of the Orders Imports covered by the orders are shipments of stainless steel bar. Stainless steel bar means articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons, or other convex polygons. Stainless steel bar includes cold-finished stainless steel bars that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semifinished products, cut length flat-rolled products (i.e., cut length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), wire (i.e., cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products), and angles, shapes and sections. The stainless steel bars subject to the orders is currently classifiable under subheadings 7222.10.00, 7222.11.00, 7222.19.00, 7222.20.00, and 7222.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the orders is dispositive. Continuation of the Orders As a result of the determinations by the Department and the ITC that revocation of these antidumping duty orders 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 orders the continuation of the antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 of continuation of these orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year reviews of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. These five-year sunset reviews and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: August 2, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–19574 Filed 8–8–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–929] Small Diameter Graphite Electrodes From the People’s Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) continues to determine that certain small diameter graphite electrodes (‘‘SDGE’’) are being exported from the United Kingdom (‘‘U.K.’’) to the United States by UK Carbon and Graphite Co., Ltd. (‘‘UKCG’’) in circumvention of the antidumping duty order on SDGE from the People’s Republic of China (‘‘PRC’’),1 as provided in section 781(b) of the Tariff Act of 1930, as amended (‘‘the Act’’). DATES: Effective Date: August 9, 2012. FOR FURTHER INFORMATION CONTACT: Brendan Quinn, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5848. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 6, 2012, the Department published in the Federal Register the affirmative preliminary determination that certain SDGE finished by UKCG from PRC-produced artificial graphite 1 See Antidumping Duty Order: Small Diameter Graphite Electrodes from the People’s Republic of China, 74 FR 8775 (February 26, 2009) (‘‘SDGE Order’’). E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Notices]
[Pages 47595-47596]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19574]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-825, A-533-810, A-588-833, A-469-805]


Stainless Steel Bar From Brazil, India, Japan, and Spain: 
Continuation of Antidumping Duty Orders

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


[[Page 47596]]


SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping duty orders on stainless steel bar 
from Brazil, India, Japan, and Spain would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, the Department is publishing a notice of 
continuation of the antidumping duty orders.

DATES: Effective Date: August 9, 2012.

FOR FURTHER INFORMATION: Bryan Hansen or Minoo Hatten, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3683 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 1, 2011, the Department initiated the third sunset 
reviews of the antidumping duty orders \1\ on stainless steel bar from 
Brazil, India, Japan, and Spain pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act). See Initiation of Five-Year 
(``Sunset'') Review, 76 FR 74775 (December 1, 2011).
---------------------------------------------------------------------------

    \1\ Antidumping Duty Orders: Stainless Steel Bar from Brazil, 
India and Japan, 60 FR 9661 (February 21, 1995) and Amended Final 
Determination and Antidumping Duty Order: Stainless Steel Bar from 
Spain, 60 FR 11656 (March 2, 1995).
---------------------------------------------------------------------------

    As a result of these sunset reviews, the Department determined that 
revocation of the antidumping duty orders on stainless steel bar from 
Brazil, India, Japan, and Spain would be likely to lead to continuation 
or recurrence of dumping and notified the ITC of the magnitude of the 
margins likely to prevail should the orders be revoked. See Stainless 
Steel Bar from Brazil, India, Japan, and Spain: Final Results of the 
Expedited Third Sunset Reviews of the Antidumping Duty Orders, 77 FR 
16207 (March 20, 2012).
    On August 1, 2012, pursuant to section 752(a) of the Act, the ITC 
published its determination that revocation of the antidumping duty 
orders on stainless steel bar from Brazil, India, Japan, and Spain 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable time. 
See Stainless Steel Bar From Brazil, India, Japan, and Spain; 
Determination, 77 FR 45653 (August 1, 2012), and ITC Publication 4341 
(July 2012) entitled Stainless Steel Bar from Brazil, India, Japan, and 
Spain Investigation Nos. 731-TA-678, 679, 681, and 682 (Third Review).

Scope of the Orders

    Imports covered by the orders are shipments of stainless steel bar. 
Stainless steel bar means articles of stainless steel in straight 
lengths that have been either hot-rolled, forged, turned, cold-drawn, 
cold-rolled or otherwise cold-finished, or ground, having a uniform 
solid cross section along their whole length in the shape of circles, 
segments of circles, ovals, rectangles (including squares), triangles, 
hexagons, octagons, or other convex polygons. Stainless steel bar 
includes cold-finished stainless steel bars that are turned or ground 
in straight lengths, whether produced from hot-rolled bar or from 
straightened and cut rod or wire, and reinforcing bars that have 
indentations, ribs, grooves, or other deformations produced during the 
rolling process.
    Except as specified above, the term does not include stainless 
steel semi-finished products, cut length flat-rolled products (i.e., 
cut length rolled products which if less than 4.75 mm in thickness have 
a width measuring at least 10 times the thickness, or if 4.75 mm or 
more in thickness having a width which exceeds 150 mm and measures at 
least twice the thickness), wire (i.e., cold-formed products in coils, 
of any uniform solid cross section along their whole length, which do 
not conform to the definition of flat-rolled products), and angles, 
shapes and sections.
    The stainless steel bars subject to the orders is currently 
classifiable under subheadings 7222.10.00, 7222.11.00, 7222.19.00, 
7222.20.00, and 7222.30.00 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of the orders is dispositive.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of these antidumping duty orders 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 orders the continuation of the antidumping 
duty orders on stainless steel bar from Brazil, India, Japan, and 
Spain.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. The effective date of 
continuation of these orders will be the date of publication in the 
Federal Register of this notice of continuation. Pursuant to section 
751(c)(2) of the Act, the Department intends to initiate the next five-
year reviews of these orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.
    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act.

    Dated: August 2, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-19574 Filed 8-8-12; 8:45 am]
BILLING CODE 3510-DS-P