Certain Hot-Rolled Carbon Steel Flat Products From the People's Republic of China: Final Results and Final No Shipments Determination of Antidumping Duty Administrative Review; 2010-2011, 69790-69792 [2012-28313]
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69790
Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices
6. Presentation of Papers or
Comments by the Public.
7. Working Group Updates.
The open session will be accessible
via teleconference to 25 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at
Yvette.Springer@bis.doc.gov no later
than November 30, 2012.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent that time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
the distribution of public presentation
materials to the Committee members,
the Committee suggests that presenters
forward the public presentation
materials prior to the meeting to Ms.
Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on October 31,
2012, pursuant to Section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. app. 2 (10)(d)), that
the portion of the meeting dealing with
pre-decisional changes to the Commerce
Control List and U.S. export control
policies shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 2 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
Dated: November 16, 2012.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2012–28335 Filed 11–20–12; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
srobinson on DSK4SPTVN1PROD with
Regulations and Procedures Technical
Advisory Committee; Notice of
Partially Closed Meeting
The Regulations and Procedures
Technical Advisory Committee (RPTAC)
will meet December 5, 2012, 9:00 a.m.,
Room 3884, in the Herbert C. Hoover
Building, 14th Street between
Constitution and Pennsylvania Avenues
NW., Washington, DC The Committee
advises the Office of the Assistant
Secretary for Export Administration on
implementation of the Export
Administration Regulations (EAR) and
VerDate Mar<15>2010
16:56 Nov 20, 2012
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provides for continuing review to
update the EAR as needed.
International Trade Administration
Agenda
[A–570–865]
Public Session
1. Opening remarks by the Chairman.
2. Opening remarks by Bureau of
Industry and Security.
3. Export Enforcement update.
4. Regulations update.
5. Working group reports.
6. Automated Export System (AES)
update.
7. Presentation of papers or comments
by the Public.
Closed Session
8. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 §§ 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to 25 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at
Yvette.Springer@bis.doc.gov no later
than November 28, 2012.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent that time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
the distribution of public presentation
materials to the Committee members,
the Committee suggests that presenters
forward the public presentation
materials prior to the meeting to Ms.
Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on October 19,
2012, pursuant to Section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. app. 2 § (10)(d)), that
the portion of the meeting dealing with
pre-decisional changes to the Commerce
Control List and U.S. export control
policies shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 2 §§ 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
Dated: November 16, 2012.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2012–28334 Filed 11–20–12; 8:45 am]
BILLING CODE 3510–JT–P
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DEPARTMENT OF COMMERCE
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Certain Hot-Rolled Carbon Steel Flat
Products From the People’s Republic
of China: Final Results and Final No
Shipments Determination of
Antidumping Duty Administrative
Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 1, 2012, the
Department of Commerce (the
‘‘Department’’) published the
Preliminary Results of the 2010–2011
administrative review of the
antidumping duty order on certain hotrolled carbon steel flat products (‘‘hotrolled steel’’) from the People’s Republic
of China (‘‘PRC’’). The period of review
(‘‘POR’’) is November 1, 2010, through
October 31, 2011. We gave interested
parties an opportunity to comment on
the Preliminary Results, but none were
received. The final weighted-average
dumping margin for the PRC-wide
entity is listed in the ‘‘Final Results of
Review’’ section below.
DATES: Effective Date: November 21,
2012.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Steven Hampton, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0116.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2012, the Department
published the Preliminary Results of the
administrative review of the
antidumping duty order on hot-rolled
steel from the PRC.1 We invited
interested parties to comment on the
Preliminary Results, but none were
received. The Department has
conducted this administrative review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (‘‘the
Act’’).
Scope of the Order
The merchandise subject to the order
is certain hot-rolled carbon steel flat
products. The product is currently
1 See Certain Hot-Rolled Carbon Steel Flat
Products From the People’s Republic of China:
Preliminary Results of 2010–2011 Antidumping
Duty Administrative Review and Intent To Rescind
in Part, 77 FR 45576 (August 1, 2012) (‘‘Preliminary
Results’’).
E:\FR\FM\21NON1.SGM
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Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices
classified under the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) subheadings: 7208.10.15.00,
7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00,
7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60,
7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60,
7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15,
7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60,
7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90,
7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00,
7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90.
Certain hot-rolled carbon steel flat
products covered by the order,
including: vacuum degassed fully
stabilized; high strength low alloy; and
the substrate for motor lamination steel
may also enter under the following tariff
numbers: 7225.11.00.00, 7225.19.00.00,
7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90,
7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00,
7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00. Although these HTSUS
subheadings are provided for
convenience and customs purposes, the
written product description available in
Antidumping Duty Order: Certain HotRolled Carbon Steel Flat Products from
the People’s Republic of China, 66 FR
59561 (November 29, 2001), remains
dispositive.
srobinson on DSK4SPTVN1PROD with
Final Determination of No Shipments
In the Preliminary Results, the
Department preliminarily determined to
rescind the review with respect to
Baosteel 2 because it had reported and
submitted timely-filed certifications that
it had no sales of subject merchandise
to the United States during the POR.3
We stated, consistent with the recently
announced refinement to its assessment
practice in non-market economy
(‘‘NME’’) cases, that the Department
would not rescind the review in these
circumstances but, rather, would
complete the review with respect to
Baosteel and issue appropriate
instructions to U.S. Customs and Border
2 Collectively, Baosteel Group Corporation,
Shanghai Baosteel International Economic &
Trading Co., Ltd., and Baoshan Iron & Steel Co.,
Ltd.
3 See Preliminary Results, 77 FR at 45577.
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16:56 Nov 20, 2012
Jkt 229001
Protection (‘‘CBP’’) based on the final
results of the review. As stated above,
we did not receive any comments on
our Preliminary Results nor did we
receive information from CBP indicating
that there were reviewable transactions
from Baosteel during the POR.
Therefore, we continue to determine
that Baosteel had no reviewable
transactions of subject merchandise
during the POR. Consistent with our
‘‘automatic assessment’’ clarification,
the Department will issue appropriate
instructions to CBP based on our final
results.4
PRC-Wide Entity
In the Preliminary Results, the
Department noted that Hunan Valin
Xiangtan Iron & Steel (‘‘Hunan Valin’’)
does not have a separate rate, and that
it is therefore under review as part of
the PRC-wide entity.5 Although Hunan
Valin reported that it had no sales of
subject merchandise to the United
States during the POR, the Department
does not find that the PRC-wide entity,
of which Hunan Valin is part, had no
shipments during the POR. After issuing
the Preliminary Results, the Department
did not receive any comments from
interested parties. Therefore, for these
final results, in accordance with section
776(a) and (b) of the Act, and as
explained in more detail in the
Preliminary Results, the Department
continues to find that because Angang
Group International (‘‘Angang’’), as part
of the PRC-wide entity, failed to submit
any response to the Department’s
questionnaire it is appropriate to rely on
the facts otherwise available to
determine a margin for the PRC-wide
entity and to assign to the PRC-wide
entity the highest-rate and the only rate
ever determined for the PRC-wide entity
on the record of this proceeding, i.e.,
90.83%.6
Final Results of Review
The weighted-average dumping
margins for the POR are as follows:
4 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (‘‘Assessment Practice
Refinement’’). See also the ‘‘Assessment’’ section of
this notice, below.
5 See Preliminary Results, 77 FR at 45578.
6 See Final Determination of Sales at Less Than
Fair Value: Certain Hot-Rolled Carbon Steel Flat
Products From the People’s Republic of China, 66
FR 49632 (September 28, 2001).
7 The PRC-wide entity includes, Angang; Bengang
Steel Plates Co., Ltd.; Benxi Iron and Steel Group
Co., Ltd.; Daye Special Steel Co., Ltd.; Dongbei
Special Steel Group; Dongguang Bo Yunte Metal
Co., Ltd.; Dongyang Global Strip Steel Co., Ltd.;
Haverer Group Ltd.; Hebei Iron and Steel Int’l;
Hunan Valin; Jinan Iron & Steel Co., Ltd.; Shenzhen
Zhaoheng Specialty Steel Co.; Union Steel China;
Xinyu Iron & Steel Co., Ltd., and Zhejiang
Shenghua Steel Co., Ltd.
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Exporter
PRC-wide Entity 7 .................
69791
Weighted-average margin
90.83%
Assessment
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of
review. The Department recently
announced a refinement to its
assessment practice in NME cases. See
Assessment Practice Refinement.
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the NME-wide rate. In addition, if the
Department determines 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
NME-wide rate.8
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 from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) 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; (2) 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 90.83 percent;
and (3) 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 exporters that supplied that nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notifications
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
8 See Assessment Practice Refinement, 76 FR at
65694.
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69792
Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of doubled antidumping
duties.
This notice also serves as a reminder
to parties subject to the 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 this notice in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.213(d)(4).
Dated: November 13, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–806]
Certain Pasta From Turkey: Final
Results of Countervailing Duty
Administrative Review; 2010
srobinson on DSK4SPTVN1PROD with
David Layton or Christopher Siepmann,
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) 482–0371 and (202)
482–7958, respectively.
SUPPLEMENTARY INFORMATION:
1 We have also assigned a rate to Istanbul Gida Dis
Ticaret A.S. (‘‘Istanbul Gida’’), which is cross¸
owned with Birlik and Bellini and produced the
subject merchandise during the period of review.
See Certain Pasta From Turkey: Preliminary Results
For the period January 1, 2010,
through December 31, 2010, we find the
following ad valorem subsidy rates:
Exporter/manufacturer
Marsan Gida Sanayi
ve Ticaret A.S.
¸
Istanbul Gida Dis
Ticaret A.S./Birlik
¸
Pazarlama Sanayi
ve Ticaret
A.Scedil;./Bellini
Gida Sanayi A.S.
¸
Net subsidy rate
0.15 (de minimis).
0.28 (de minimis).
Background
The Department published the
preliminary results of this
administrative review on August 3,
2012. See Preliminary Results.
We invited interested parties to file
comments following the release of the
Preliminary Results. No comments were
received.
Period of Review
The period of review (‘‘POR’’) for
which we are measuring subsidies is
from January 1, 2010, through December
31, 2010.2
Final Results of Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 3, 2012, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register its preliminary results of
administrative review of the
countervailing duty order on certain
pasta from Turkey for the period
January 1, 2010, through December 31,
2010. We received no comments on
those preliminary results and we
continue to determine that Marsan Gida
Sanayi ve Ticaret A.S. (‘‘Marsan’’),
¸
Birlik Pazarlama Sanayi ve Ticaret A.S.
¸
(‘‘Birlik’’), and Bellini Gida Sanayi A.S.
¸
(‘‘Bellini’’) received de minimis
countervailable subsidies during the
period of review.1
AGENCY:
Jkt 229001
FOR FURTHER INFORMATION CONTACT:
The merchandise subject to the order
is pasta. The product is currently
classified under the Harmonized Tariff
Schedule of the United States (‘‘HTS’’)
item numbers 1902.19.20. Although the
HTS numbers are provided for
convenience and customs purposes, the
written product description, available in
Notice of Countervailing Duty Order:
Certain Pasta from Turkey, 61 FR 38546
(July 24, 1996), remains dispositive.
BILLING CODE 3510–DS–P
16:56 Nov 20, 2012
Effective Date: November 21,
2012.
Scope of Order
[FR Doc. 2012–28313 Filed 11–20–12; 8:45 am]
VerDate Mar<15>2010
DATES:
We have made no changes to our
findings announced in the Preliminary
Results. See Preliminary Results; see
also Memorandum from Christopher
Siepmann, International Trade
Compliance Analyst to Susan Kuhbach,
Office Director, ‘‘Preliminary Results
Calculation Memorandum for Marsan
Gida Sanayi ve Ticaret A.S. (‘‘Marsan’’),
¸
Birlik Pazarlama Sanayi ve Ticaret A.S.
¸
(‘‘Birlik’’), Bellini Gida Sanayi A.S.
¸
(‘‘Bellini’’), and Marsa Yag Sanayi ve
Ticaret A.S. (‘‘Marsa Yag’’)’’ (July 27,
¸
2012).
of Countervailing Duty Administrative Review, 77
FR 46386 (August 3, 2012) (‘‘Preliminary Results’’)
at 46387.
2 While the initiation notice correctly identified
the period of review as January 1, 2010 through
December 31, 2010, we note that our extension of
the time limit for the preliminary results incorrectly
identified the period of review as January 1, 2011
through December 31, 2011. See Certain Pasta From
Turkey: Extension of Time Limit for the Preliminary
Results of the Countervailing Duty Administrative
Review, 77 FR 11065 (February 24, 2012).
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Marsan’s final cash deposit rate is a
‘‘combination rate’’ pursuant to 19 CFR
351.107(b). It applies only to subject
merchandise exported by Marsan and
produced by Birlik and/or Bellini.
Assessment Rates
Because Marsan, Birlik, Bellini and
Istanbul Gida received de minimis
countervailable subsidies during the
POR, the Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to liquidate without regard to
countervailing duties shipments of
subject merchandise (a) exported by
Marsan and produced by Birlik and/or
Bellini, or (b) exported by Istanbul Gida,
Birlik or Bellini, and entered, or
withdrawn from warehouse, for
consumption from January 1, 2010,
through December 31, 2010.
For all other combinations or
companies, as appropriate, that were not
reviewed, the Department will direct
CBP to assess countervailing duties on
all entries between January 1, 2010, and
December 31, 2010, at the rates in effect
at the time of entry.
Cash Deposit Instructions
Because Marsan, Birlik, Bellini and
Istanbul Gida have de minimis
countervailable subsidy rates, the
Department will instruct CBP to
continue to suspend liquidation of
entries, but to collect no cash deposits
of estimated countervailing duties for
the combination and companies
described above on all shipments of the
subject merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review.
Also, for all other combinations or
companies, we will instruct CBP to
collect cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company. The cash
deposit rates for all companies not
covered by this review are not changed
by the results of this review.
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]]>Agencies
[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69790-69792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28313]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-865]
Certain Hot-Rolled Carbon Steel Flat Products From the People's
Republic of China: Final Results and Final No Shipments Determination
of Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 1, 2012, the Department of Commerce (the
``Department'') published the Preliminary Results of the 2010-2011
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products (``hot-rolled steel'') from the
People's Republic of China (``PRC''). The period of review (``POR'') is
November 1, 2010, through October 31, 2011. We gave interested parties
an opportunity to comment on the Preliminary Results, but none were
received. The final weighted-average dumping margin for the PRC-wide
entity is listed in the ``Final Results of Review'' section below.
DATES: Effective Date: November 21, 2012.
FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0116.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2012, the Department published the Preliminary Results
of the administrative review of the antidumping duty order on hot-
rolled steel from the PRC.\1\ We invited interested parties to comment
on the Preliminary Results, but none were received. The Department has
conducted this administrative review in accordance with section 751(a)
of the Tariff Act of 1930, as amended (``the Act'').
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Carbon Steel Flat Products From the
People's Republic of China: Preliminary Results of 2010-2011
Antidumping Duty Administrative Review and Intent To Rescind in
Part, 77 FR 45576 (August 1, 2012) (``Preliminary Results'').
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is certain hot-rolled carbon
steel flat products. The product is currently
[[Page 69791]]
classified under the Harmonized Tariff Schedule of the United States
(``HTSUS'') subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90. Certain hot-rolled carbon steel flat
products covered by the order, including: vacuum degassed fully
stabilized; high strength low alloy; and the substrate for motor
lamination steel may also enter under the following tariff numbers:
7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although these HTSUS
subheadings are provided for convenience and customs purposes, the
written product description available in Antidumping Duty Order:
Certain Hot-Rolled Carbon Steel Flat Products from the People's
Republic of China, 66 FR 59561 (November 29, 2001), remains
dispositive.
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
to rescind the review with respect to Baosteel \2\ because it had
reported and submitted timely-filed certifications that it had no sales
of subject merchandise to the United States during the POR.\3\ We
stated, consistent with the recently announced refinement to its
assessment practice in non-market economy (``NME'') cases, that the
Department would not rescind the review in these circumstances but,
rather, would complete the review with respect to Baosteel and issue
appropriate instructions to U.S. Customs and Border Protection
(``CBP'') based on the final results of the review. As stated above, we
did not receive any comments on our Preliminary Results nor did we
receive information from CBP indicating that there were reviewable
transactions from Baosteel during the POR. Therefore, we continue to
determine that Baosteel had no reviewable transactions of subject
merchandise during the POR. Consistent with our ``automatic
assessment'' clarification, the Department will issue appropriate
instructions to CBP based on our final results.\4\
---------------------------------------------------------------------------
\2\ Collectively, Baosteel Group Corporation, Shanghai Baosteel
International Economic & Trading Co., Ltd., and Baoshan Iron & Steel
Co., Ltd.
\3\ See Preliminary Results, 77 FR at 45577.
\4\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
Practice Refinement''). See also the ``Assessment'' section of this
notice, below.
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PRC-Wide Entity
In the Preliminary Results, the Department noted that Hunan Valin
Xiangtan Iron & Steel (``Hunan Valin'') does not have a separate rate,
and that it is therefore under review as part of the PRC-wide
entity.\5\ Although Hunan Valin reported that it had no sales of
subject merchandise to the United States during the POR, the Department
does not find that the PRC-wide entity, of which Hunan Valin is part,
had no shipments during the POR. After issuing the Preliminary Results,
the Department did not receive any comments from interested parties.
Therefore, for these final results, in accordance with section 776(a)
and (b) of the Act, and as explained in more detail in the Preliminary
Results, the Department continues to find that because Angang Group
International (``Angang''), as part of the PRC-wide entity, failed to
submit any response to the Department's questionnaire it is appropriate
to rely on the facts otherwise available to determine a margin for the
PRC-wide entity and to assign to the PRC-wide entity the highest-rate
and the only rate ever determined for the PRC-wide entity on the record
of this proceeding, i.e., 90.83%.\6\
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\5\ See Preliminary Results, 77 FR at 45578.
\6\ See Final Determination of Sales at Less Than Fair Value:
Certain Hot-Rolled Carbon Steel Flat Products From the People's
Republic of China, 66 FR 49632 (September 28, 2001).
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Final Results of Review
The weighted-average dumping margins for the POR are as follows:
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\7\ The PRC-wide entity includes, Angang; Bengang Steel Plates
Co., Ltd.; Benxi Iron and Steel Group Co., Ltd.; Daye Special Steel
Co., Ltd.; Dongbei Special Steel Group; Dongguang Bo Yunte Metal
Co., Ltd.; Dongyang Global Strip Steel Co., Ltd.; Haverer Group
Ltd.; Hebei Iron and Steel Int'l; Hunan Valin; Jinan Iron & Steel
Co., Ltd.; Shenzhen Zhaoheng Specialty Steel Co.; Union Steel China;
Xinyu Iron & Steel Co., Ltd., and Zhejiang Shenghua Steel Co., Ltd.
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Weighted-
Exporter average margin
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PRC-wide Entity \7\..................................... 90.83%
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Assessment
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review. The
Department recently announced a refinement to its assessment practice
in NME cases. See Assessment Practice Refinement. Pursuant to this
refinement in practice, for entries that were not reported in the U.S.
sales databases submitted by companies individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the NME-wide rate. In addition, if the Department determines 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 NME-wide rate.\8\
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\8\ See Assessment Practice Refinement, 76 FR at 65694.
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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 from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) 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; (2) 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 90.83 percent; and (3) 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 exporters that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notifications
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement
[[Page 69792]]
of antidumping duties prior to liquidation of the relevant entries
during this POR. Failure to comply with this requirement could result
in the Department's presumption that reimbursement of antidumping
duties has occurred and the subsequent assessment of doubled
antidumping duties.
This notice also serves as a reminder to parties subject to the
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 this notice in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.213(d)(4).
Dated: November 13, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-28313 Filed 11-20-12; 8:45 am]
BILLING CODE 3510-DS-P
