Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate From Ukraine; Administrative Review, 46570-46571 [2013-18543]

Download as PDF 46570 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Notices assess antidumping duties pending resolution of the associated litigation. For any individually examined respondents whose weighted-average dumping margin is above de minimis, we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where either the respondent’s weightedaverage dumping margin is zero or de minimis,4 or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.5 This clarification will apply to entries of subject merchandise during the POR produced by Ehwa and Shinhan for which these companies 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 involved in the transaction. For a full discussion of this clarification, see Assessment Policy Notice. Cash Deposit Requirements mstockstill on DSK4VPTVN1PROD with NOTICES Effective October 24, 2011, the Department revoked the antidumping duty order on diamond sawblades from Korea, pursuant to a proceeding under section 129 of the Uruguay Round Agreements Act to implement the findings of the World Trade Organization dispute settlement panel in United States—Use of Zeroing in Anti-Dumping Measures Involving Products from Korea (WTIDS402/R) (January 18, 2011).6 Consequently, no 4 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012). 5 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). 6 See Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Revocation of the Antidumping Duty Order on Diamond Sawblades and Parts Thereof From the Republic of Korea, 76 FR 66892 (October 28, 2011), and accompanying Issues and Decision Memorandum. VerDate Mar<15>2010 17:02 Jul 31, 2013 Jkt 229001 cash deposits are required on imports of subject merchandise. Notification to Interested Parties This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ 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. These final results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 25, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–18525 Filed 7–31–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–823–808] Suspension Agreement on Certain Cutto-Length Carbon Steel Plate From Ukraine; Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: August 1, 2013. SUMMARY: The Department of Commerce (the Department) preliminarily determines that Metinvest Holding LLC (Metinvest) and its affiliated companies, Azovstal Iron & Steel Works (Azovstal) and Ilyich Iron and Steel Works (Ilyich), are in compliance with the agreement suspending the antidumping investigation of certain cut-to-length carbon steel plate (CTL plate) from Ukraine for the period November 1, 2011 through October 31, 2012. The preliminary results are set forth in the section titled ‘‘Methodology and Preliminary Results,’’ infra. We intend to issue the final results within 120 days after publication of these preliminary results in the Federal Register. FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman or Anne D’Alauro, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–0192 or (202) 482–4830. AGENCY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Scope of Review The products covered by the Agreement are hot-rolled iron and nonalloy steel universal mill plates, of rectangular shape, neither clad, plated nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances; and certain iron and non-alloy steel flatrolled products not in coils, of rectangular shape, hot-rolled, neither clad, plated, nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances, 4.75 mm or more in thickness and of a width which exceeds 150 mm and measures at least twice the thickness. This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTS) under item numbers 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, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. Excluded from the subject merchandise within the scope of this Agreement is grade X–70 plate. Although the HTS subheadings are provided for convenience and customs purposes, our written description of the scope of the Agreement is dispositive. For a full description of the scope of this Agreement, see Suspension of Antidumping Duty Investigation: Certain Cut-to-Length Carbon Steel Plate From Ukraine, 73 FR 57602 (October 3, 2008) (Agreement), Appendix A. Methodology and Preliminary Results On September 29, 2008, the Department signed an agreement under section 734(b) of the Tariff Act of 1930, as amended (the Act), with Ukrainian steel producers/exporters, including Azovstal and Ilyich, suspending the antidumping duty investigation on CTL plate from Ukraine. See Agreement. On November 30, 2012, Nucor Corporation submitted a request for an administrative review of the Agreement for CTL plate produced by Metinvest or any of its affiliates. Metinvest owns the Ukrainian CTL plate producers, Azovstal and Ilyich, and sells the companies’ products to the United States.1 1 See, e.g., the Public Version of the February 4, 2011, ‘‘Verification Report: Metinvest International, SA’’ at pages 1 and 2 and Public Version of Metinvest’s September 7, 2012, Narrative Section A Questionnaire Response at pages 8–10. E:\FR\FM\01AUN1.SGM 01AUN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Notices The review was initiated on December 31, 2012, for the November 1, 2011 through October 31, 2012 period of review. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 77017 (December 31, 2012). On January 22, 2013, the Department issued its questionnaire to Metinvest, the common parent of Azovstal and Ilyich (collectively, the companies). The companies submitted their joint response on March 1, 2013. The Department has conducted this review in accordance with section 751(a)(1)(C) of the Act, which specifies that the Department shall ‘‘review the current status of, and compliance with, any agreement by reason of which an investigation was suspended.’’ In this case, the Department, Azovstal and Ilyich signed the Agreement suspending the underlying antidumping duty investigation on September 29, 2008. Pursuant to the Agreement, each signatory producer/exporter individually agrees to make any necessary price revisions to eliminate completely any amount by which the normal value (NV) of the subject merchandise exceeds the U.S. price of its merchandise subject to the Agreement. See Agreement, 73 FR 57602, 57603. Our review of the information submitted by the companies indicates that they have adhered to the terms of the Agreement and that the Agreement is functioning as intended. For a full description of the methodology underlying our conclusions, see ‘‘Decision Memorandum for Preliminary Results of Administrative Review of the Agreement Suspending the Antidumping Duty Investigation on Certain Cut-to-Length Carbon Steel Plate from Ukraine’’ from Lynn Fischer Fox, Deputy Assistant Secretary of Policy and Negotiations to Paul Piquado, Assistant Secretary for Import Administration (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the Department’s Central Records Unit, located in room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found on the Internet at https:// www.trade.gov/ia. The signed VerDate Mar<15>2010 17:02 Jul 31, 2013 Jkt 229001 46571 Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. DEPARTMENT OF COMMERCE Public Comment Solid Urea From the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review; 2011–2012 Interested parties may submit case briefs not later than 30 days after the date of publication of this notice.2 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.3 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to provide: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.4 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 Import Administration, filed electronically via IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. 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. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 26, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–18543 Filed 7–31–13; 8:45 am] BILLING CODE 3510–DS–P PO 00000 2 See 19 CFR 351.309(c)(1)(ii). 19 CFR 351.309(d)(1). 4 See 19 CFR 351.309(c)(2) and (d)(2). 3 See Frm 00007 Fmt 4703 Sfmt 4703 International Trade Administration [A–821–801] Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on solid urea from the Russian Federation (Russia). The period of review (POR) is July 1, 2011, through June 30, 2012. The review covers one producer/exporter of the subject merchandise, MCC EuroChem (EuroChem). We preliminarily find that EuroChem has not sold subject merchandise at less than normal value during the POR. DATES: Effective Date: August 1, 2013. FOR FURTHER INFORMATION CONTACT: 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: AGENCY: Scope of the Order The merchandise subject to the order is solid urea. The product is currently classified under the Harmonized Tariff Schedules of the United States (HTSUS) item number 3102.10.00.00. The HTSUS subheading is provided for convenience and customs purposes. A full description of the scope of the order is contained in the memorandum from Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Solid Urea from the Russian Federation’’ dated concurrently with this notice (‘‘Preliminary Decision Memorandum’’), which is hereby adopted by this notice. The written description is dispositive. The Preliminary Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). Access to IA ACCESS is available to registered users at https:// E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46570-46571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18543]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-808]


Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate 
From Ukraine; Administrative Review

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

DATES: Effective Date: August 1, 2013.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that Metinvest Holding LLC (Metinvest) and its affiliated 
companies, Azovstal Iron & Steel Works (Azovstal) and Ilyich Iron and 
Steel Works (Ilyich), are in compliance with the agreement suspending 
the antidumping investigation of certain cut-to-length carbon steel 
plate (CTL plate) from Ukraine for the period November 1, 2011 through 
October 31, 2012. The preliminary results are set forth in the section 
titled ``Methodology and Preliminary Results,'' infra. We intend to 
issue the final results within 120 days after publication of these 
preliminary results in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman or Anne D'Alauro, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, telephone: (202) 482-0192 or (202) 482-4830.

SUPPLEMENTARY INFORMATION:

Scope of Review

    The products covered by the Agreement are hot-rolled iron and non-
alloy steel universal mill plates, of rectangular shape, neither clad, 
plated nor coated with metal, whether or not painted, varnished, or 
coated with plastics or other nonmetallic substances; and certain iron 
and non-alloy steel flat-rolled products not in coils, of rectangular 
shape, hot-rolled, neither clad, plated, nor coated with metal, whether 
or not painted, varnished, or coated with plastics or other nonmetallic 
substances, 4.75 mm or more in thickness and of a width which exceeds 
150 mm and measures at least twice the thickness. This merchandise is 
currently classified in the Harmonized Tariff Schedule of the United 
States (HTS) under item numbers 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, 7210.90.9000, 7211.13.0000, 7211.14.0030, 
7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 
7212.50.0000. Excluded from the subject merchandise within the scope of 
this Agreement is grade X-70 plate. Although the HTS subheadings are 
provided for convenience and customs purposes, our written description 
of the scope of the Agreement is dispositive. For a full description of 
the scope of this Agreement, see Suspension of Antidumping Duty 
Investigation: Certain Cut-to-Length Carbon Steel Plate From Ukraine, 
73 FR 57602 (October 3, 2008) (Agreement), Appendix A.

Methodology and Preliminary Results

    On September 29, 2008, the Department signed an agreement under 
section 734(b) of the Tariff Act of 1930, as amended (the Act), with 
Ukrainian steel producers/exporters, including Azovstal and Ilyich, 
suspending the antidumping duty investigation on CTL plate from 
Ukraine. See Agreement. On November 30, 2012, Nucor Corporation 
submitted a request for an administrative review of the Agreement for 
CTL plate produced by Metinvest or any of its affiliates. Metinvest 
owns the Ukrainian CTL plate producers, Azovstal and Ilyich, and sells 
the companies' products to the United States.\1\
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    \1\ See, e.g., the Public Version of the February 4, 2011, 
``Verification Report: Metinvest International, SA'' at pages 1 and 
2 and Public Version of Metinvest's September 7, 2012, Narrative 
Section A Questionnaire Response at pages 8-10.

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[[Page 46571]]

    The review was initiated on December 31, 2012, for the November 1, 
2011 through October 31, 2012 period of review. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Request 
for Revocation in Part, 77 FR 77017 (December 31, 2012). On January 22, 
2013, the Department issued its questionnaire to Metinvest, the common 
parent of Azovstal and Ilyich (collectively, the companies). The 
companies submitted their joint response on March 1, 2013.
    The Department has conducted this review in accordance with section 
751(a)(1)(C) of the Act, which specifies that the Department shall 
``review the current status of, and compliance with, any agreement by 
reason of which an investigation was suspended.'' In this case, the 
Department, Azovstal and Ilyich signed the Agreement suspending the 
underlying antidumping duty investigation on September 29, 2008. 
Pursuant to the Agreement, each signatory producer/exporter 
individually agrees to make any necessary price revisions to eliminate 
completely any amount by which the normal value (NV) of the subject 
merchandise exceeds the U.S. price of its merchandise subject to the 
Agreement. See Agreement, 73 FR 57602, 57603. Our review of the 
information submitted by the companies indicates that they have adhered 
to the terms of the Agreement and that the Agreement is functioning as 
intended. For a full description of the methodology underlying our 
conclusions, see ``Decision Memorandum for Preliminary Results of 
Administrative Review of the Agreement Suspending the Antidumping Duty 
Investigation on Certain Cut-to-Length Carbon Steel Plate from 
Ukraine'' from Lynn Fischer Fox, Deputy Assistant Secretary of Policy 
and Negotiations to Paul Piquado, Assistant Secretary for Import 
Administration (Preliminary Decision Memorandum), dated concurrently 
with these results and hereby adopted by this notice. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at https://iaaccess.trade.gov and in the 
Department's Central Records Unit, located in room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be found on the Internet at https://www.trade.gov/ia. The signed Preliminary Decision Memorandum and the 
electronic version of the Preliminary Decision Memorandum are identical 
in content.

Public Comment

    Interested parties may submit case briefs not later than 30 days 
after the date of publication of this notice.\2\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\3\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to provide: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\4\
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    \2\ See 19 CFR 351.309(c)(1)(ii).
    \3\ See 19 CFR 351.309(d)(1).
    \4\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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 Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice. 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 26, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-18543 Filed 7-31-13; 8:45 am]
BILLING CODE 3510-DS-P
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