Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China: Final Results of Antidumping Administrative Review; 2010-2011, 73616-73617 [2012-29887]

Download as PDF 73616 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices requirements, when imposed, shall remain in effect until further notice. assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review where applicable. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.7 This clarification will apply to entries of subject merchandise during the period of review produced by each respondent for which they did not know that their merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company or companies involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Dated: December 3, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Assessment of Antidumping Duties Appendix I We intend to issue instructions to CBP 15 days after publication of the final results of this review. List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 2. Scope of the Order 3. Discussion of the Methodology 4. Corroboration of Secondary Information tkelley on DSK3SPTVN1PROD with Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Koehler listed in the ‘‘Preliminary Result of the Review’’ section, will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 6.50 percent, the all-others rate established in the investigation.8 These cash deposit 7 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 8 See Orders. VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 Notification to Importers 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 review 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. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. [FR Doc. 2012–29891 Filed 12–10–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–849] Certain Cut-to-Length Carbon Steel Plate From the People’s Republic of China: Final Results of Antidumping Administrative Review; 2010–2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 9, 2012, the Department of Commerce (the ‘‘Department’’) published the preliminary results of the administrative review (‘‘AR’’) of certain cut-to-length carbon steel plate (‘‘CTL plate’’) from the People’s Republic of China (‘‘PRC’’) covering the period of review (‘‘POR’’) November 1, 2010 through October 31, 2011.1 After analyzing the comments AGENCY: 1 See Certain Cut-to-Length Carbon Steel Plate From the People’s Republic of China: Preliminary Results of Antidumping Administrative Review and Preliminary Determination of No Shipments, 77 FR 47593 (August 9, 2012) (‘‘Preliminary Results’’). The companies included in the review are as follows: Bao/Baoshan International Trade Corp./Bao Steel Metals Trading Corp. (‘‘Baosteel’’), Hunan Valin Xiangtan Iron & Steel Co., Ltd. (‘‘Hunan Valin’’), PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 submitted by Nucor Corporation (‘‘Petitioner’’) with respect to the AR, the Department continues to find that Baosteel and Hunan Valin did not have shipments during the POR and that shipments by Anshan and Liaoning should be liquidated at the PRC-wide rate of 128.59 percent. DATES: Effective Date: December 11, 2012. FOR FURTHER INFORMATION CONTACT: Patrick O’Connor, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–0989. SUPPLEMENTARY INFORMATION: Background On August 9, 2012, the Department published its Preliminary Results of the AR of the antidumping order on CTL plate from the PRC covering the period November 1, 2010, through October 31, 2011. On September 10, 2012, Nucor Corporation (‘‘Petitioners’’) commented on the Department’s Preliminary Results. No other parties commented on the Preliminary Results. Analysis of the Comments Received All issues raised in Petitioner’s case brief in this AR are addressed in the memorandum from Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Administrative Review and Final Determination of No Shipments— Certain Cut-to-Length Carbon Steel Plate from the People’s Republic of China’’ (‘‘I&D Memorandum’’), which is dated concurrently with this notice and which is hereby adopted by this notice. A list of the issues addressed in the I&D Memorandum is appended to this notice. The I&D Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Services System (‘‘IA ACCESS). Access to IA ACCESS is available to registered users at http:// iaaccess.trade.gov and in the Central Records Unit of the main Commerce Building, Room 7046. In addition, a complete version of the I&D Memorandum is accessible on the Anshan Iron & Steel Group (‘‘Anshan’’), and China Metallurgical Import and Export Liaoning Company (‘‘Liaoning’’). E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices Department’s Web site at http:// www.trade.gov/ia/. The signed I&D Memorandum and electronic versions of the I&D Memorandum are identical in content. Changes Since the Preliminary Results We have made no changes from the Preliminary Results. Scope of the Order The product covered by the order is certain CTL plate from the People’s Republic of China, subject to certain exceptions. Imports of subject merchandise are classified under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7212.40.5000, 7212.50.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.2 Final Determination of No Shipments As noted in the Preliminary Results, the Department determined that Baosteel and Hunan Valin did not have any reviewable transactions during the POR.3 While Petitioner commented in its case brief on the possibility that Baosteel or Hunan Valin could have had sales of subject merchandise during the POR, as stated in the I&D Memorandum at Comment 3, we continue to find that neither party had shipments during the POR. Therefore, we will issue instructions to U.S. Customs and Border Protection (‘‘CBP’’) for both companies in the manner stated below. tkelley on DSK3SPTVN1PROD with Assessment 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 nonmarket economy cases, because the 2 For a full description of the scope of the order, see Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate From the People’s Republic of China; Termination of Suspension Agreement and Notice of Antidumping Duty Order, 68 FR 60081 (October 21, 2003). 3 See Preliminary Results, 77 FR at 47594. VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 Department continues to determine that Baosteel and Hunan Valin had no shipments of the subject merchandise, any suspended entries that entered under these exporters’ case numbers (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate. For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this AR 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 Tariff Act of 1930, as amended (‘‘the Act’’): (1) For Baosteel and Hunan Valin, which claimed no shipments, the cash deposit rate will remain unchanged from the rate 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; 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. Notification to Importers 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 of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 73617 disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice of the final results of the administrative review is issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(d)(4). Dated: December 3, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix Issue 1: Whether Anshan and Lioaning Should be Treated as Part of the PRC-wide Entity Issue 2: Whether Hunan Valin Should be Treated as Part of the PRC-wide Entity Issue 3: Whether the Department Should Continue to Review Baosteel’s and Hunan Valin’s POR Shipments [FR Doc. 2012–29887 Filed 12–10–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–805] Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2010–11 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests by interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico. This administrative review covers mandatory respondents Pytco, S.A. de C.V. (PYTCO), Conduit S.A. de C.V. (Conduit); Mueller Comercial de Mexico, S. de R.L. de C.V. (Mueller); Lamina y Placa Comercial, S.A. de C.V. (Lamina y Placa); and Tuberia Nacional, S.A. de C.V. (TUNA). We preliminarily determine that the respondents did not have reviewable sales, shipments, or entries during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: December 11, 2012. AGENCY: E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73616-73617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29887]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-849]


Certain Cut-to-Length Carbon Steel Plate From the People's 
Republic of China: Final Results of Antidumping Administrative Review; 
2010-2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 9, 2012, the Department of Commerce (the 
``Department'') published the preliminary results of the administrative 
review (``AR'') of certain cut-to-length carbon steel plate (``CTL 
plate'') from the People's Republic of China (``PRC'') covering the 
period of review (``POR'') November 1, 2010 through October 31, 
2011.\1\ After analyzing the comments submitted by Nucor Corporation 
(``Petitioner'') with respect to the AR, the Department continues to 
find that Baosteel and Hunan Valin did not have shipments during the 
POR and that shipments by Anshan and Liaoning should be liquidated at 
the PRC-wide rate of 128.59 percent.
---------------------------------------------------------------------------

    \1\ See Certain Cut-to-Length Carbon Steel Plate From the 
People's Republic of China: Preliminary Results of Antidumping 
Administrative Review and Preliminary Determination of No Shipments, 
77 FR 47593 (August 9, 2012) (``Preliminary Results''). The 
companies included in the review are as follows: Bao/Baoshan 
International Trade Corp./Bao Steel Metals Trading Corp. 
(``Baosteel''), Hunan Valin Xiangtan Iron & Steel Co., Ltd. (``Hunan 
Valin''), Anshan Iron & Steel Group (``Anshan''), and China 
Metallurgical Import and Export Liaoning Company (``Liaoning'').

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DATES: Effective Date: December 11, 2012.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0989.

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2012, the Department published its Preliminary Results 
of the AR of the antidumping order on CTL plate from the PRC covering 
the period November 1, 2010, through October 31, 2011. On September 10, 
2012, Nucor Corporation (``Petitioners'') commented on the Department's 
Preliminary Results. No other parties commented on the Preliminary 
Results.

Analysis of the Comments Received

    All issues raised in Petitioner's case brief in this AR are 
addressed in the memorandum from Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, 
Acting Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the Final Results of the Antidumping 
Administrative Review and Final Determination of No Shipments--Certain 
Cut-to-Length Carbon Steel Plate from the People's Republic of China'' 
(``I&D Memorandum''), which is dated concurrently with this notice and 
which is hereby adopted by this notice. A list of the issues addressed 
in the I&D Memorandum is appended to this notice. The I&D Memorandum is 
a public document and is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Services System (``IA ACCESS). Access to IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in the 
Central Records Unit of the main Commerce Building, Room 7046. In 
addition, a complete version of the I&D Memorandum is accessible on the

[[Page 73617]]

Department's Web site at http://www.trade.gov/ia/. The signed I&D 
Memorandum and electronic versions of the I&D Memorandum are identical 
in content.

Changes Since the Preliminary Results

    We have made no changes from the Preliminary Results.

Scope of the Order

    The product covered by the order is certain CTL plate from the 
People's Republic of China, subject to certain exceptions. Imports of 
subject merchandise are classified under the Harmonized Tariff Schedule 
of the United States (``HTSUS'') under subheadings: 7208.40.3030, 
7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 
7208.53.0000, 7208.90.0000, 7210.70.3000, 7212.40.5000, 7212.50.0000. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.\2\
---------------------------------------------------------------------------

    \2\ For a full description of the scope of the order, see 
Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate 
From the People's Republic of China; Termination of Suspension 
Agreement and Notice of Antidumping Duty Order, 68 FR 60081 (October 
21, 2003).
---------------------------------------------------------------------------

Final Determination of No Shipments

    As noted in the Preliminary Results, the Department determined that 
Baosteel and Hunan Valin did not have any reviewable transactions 
during the POR.\3\ While Petitioner commented in its case brief on the 
possibility that Baosteel or Hunan Valin could have had sales of 
subject merchandise during the POR, as stated in the I&D Memorandum at 
Comment 3, we continue to find that neither party had shipments during 
the POR. Therefore, we will issue instructions to U.S. Customs and 
Border Protection (``CBP'') for both companies in the manner stated 
below.
---------------------------------------------------------------------------

    \3\ See Preliminary Results, 77 FR at 47594.
---------------------------------------------------------------------------

Assessment

    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 nonmarket 
economy cases, because the Department continues to determine that 
Baosteel and Hunan Valin had no shipments of the subject merchandise, 
any suspended entries that entered under these exporters' case numbers 
(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 
(October 24, 2011).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this AR 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 Tariff Act of 1930, as amended (``the 
Act''): (1) For Baosteel and Hunan Valin, which claimed no shipments, 
the cash deposit rate will remain unchanged from the rate assigned to 
these companies in the most recently completed review of the companies; 
(2) for previously investigated or reviewed PRC and non-PRC 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; 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 non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    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 of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice of the final results of the administrative review is 
issued and published in accordance with sections 751(a)(1) and 777(i) 
of the Act and 19 CFR 351.213(d)(4).

    Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

Issue 1: Whether Anshan and Lioaning Should be Treated as Part of 
the PRC-wide Entity
Issue 2: Whether Hunan Valin Should be Treated as Part of the PRC-
wide Entity
Issue 3: Whether the Department Should Continue to Review Baosteel's 
and Hunan Valin's POR Shipments

[FR Doc. 2012-29887 Filed 12-10-12; 8:45 am]
BILLING CODE 3510-DS-P