[Federal Register Volume 66, Number 9 (Friday, January 12, 2001)]
[Notices]
[Pages 2879-2880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1106]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-803]


Certain Cut-to-Length Carbon Steel Plate From Romania: Final 
Results of Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On September 7, 2000, the Department of Commerce published the 
preliminary results of administrative review of the antidumping duty 
order on certain cut-to-length carbon steel plate from Romania. This 
review covers one manufacturer/exporter of the subject merchandise. The 
period of review is August 1, 1998 through July 31, 1999.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. However, these changes did not 
cause the final results to differ from the preliminary results. The 
final weighted-average dumping margin for the reviewed firms is listed 
below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: January 12, 2001.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, 
Enforcement Group III--Office 8, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
2924 (Baker), (202) 482-0649 (James).

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Tariff Act) are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Tariff Act by the Uruguay Round Agreements Act (URAA). In addition, 
unless otherwise indicated, all references to the Department of 
Commerce (the Department) regulations are to 19 CFR part 351 (2000).

Background

    On September 7, 2000, the Department published the preliminary 
results of administrative review of the antidumping duty order on cut-
to-length carbon steel plate from Romania. See Certain Cut-to-Length 
Carbon Steel Plate from Romania: Preliminary Results of Antidumping 
Duty Administrative Review and Final Partial Recision of Review, 65 FR 
54208 (September 7, 2000). The review covers one manufacturer, S.C. 
Sidex S.A. (Sidex), and one exporter, Metalexportimport, S.A. (MEI). 
The period of review (POR) is August 1, 1998 through July 31, 1999. We 
invited parties to comment on our preliminary results of review. On 
October 10, 2000, MEI/Sidex and petitioners (Bethlehem Steel 
Corporation and U.S. Steel Group, a unit of USX Corporation) filed case 
briefs. These parties filed rebuttal briefs on October 17, 2000. This 
Department has conducted this administrative review in accordance with 
section 751 of the Tariff Act.

Scope of the Review

    The products covered in this review include hot-rolled carbon steel 
universal mill plates (i.e., flat-rolled products rolled on four faces 
or in a closed box pass, of a width exceeding 150 millimeters but not 
exceeding 1,250 millimeters and of a thickness of not less than 4 
millimeters, not in coil and without patterns in relief), 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 hot-rolled carbon steel flat-rolled products in 
straight lengths, 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 millimeters 
or more in thickness and of a width which exceeds 150 millimeters and 
measures at least twice the thickness, as currently classifiable in the 
HTS under item numbers 7208.31.0000, 7208.32.0000, 7208.33.1000, 
7208.33.5000, 7208.41.0000, 7208.42.0000, 7208.43.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.11.0000, 7211.12.0000, 7211.21.0000, 
7211.22.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 
7212.50.0000. Included in this review are flat-rolled products of 
nonrectangular cross-section where such cross-section is achieved 
subsequent to the rolling process (i.e., products which have been 
``worked after rolling'')--for example, products which have been 
bevelled or rounded at the edges. Excluded from this review is grade X-
70 plate.
    These HTS item numbers are provided for convenience and customs 
purposes. The written description remains dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Joseph Spetrini, Deputy 
Assistant Secretary, Import Administration, to Troy Cribb, Assistant 
Secretary for Import Administration, dated the same date as publication 
of this notice, which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded, all of 
which are in the Decision Memorandum, is attached to this notice as an 
Appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file in room B-099 of the Department of Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at www.ia.ita.gov. The paper copy 
and electronic version of the Decision Memorandum are identical in 
content.

Change in the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. We have also corrected certain 
programming and clerical errors in our preliminary results, where 
applicable. These changes are discussed in the relevant section of the 
Decision Memorandum.

Final Results of Review

    We determine that a margin of zero percent exists for sales of 
subject merchandise by MEI for the period August 1, 1998 through July 
31, 1999. The Department shall instruct the U.S. Customs Service to 
liquidate all appropriate entries without regard to antidumping duties. 
The Department will also instruct Customs to end the suspension of 
liquidation for all entries of subject merchandise produced by Sidex 
and exported by MEI entered, or withdrawn from warehouse, for 
consumption on or after August 1, 1998,

[[Page 2880]]

and will instruct Customs to release any cash deposits or bonds posted. 
If applicable, the Department will further instruct Customs to refund 
with interest any cash deposits on entries made after July 31, 1998.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of cut-to-length carbon steel plate from Romania 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(1) of the Tariff 
Act: (1) For the reviewed companies the Department shall require no 
deposit of estimated antidumping duties; (2) for previously reviewed or 
investigate companies not listed above, 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 less-than-fair-value (LTFV) 
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 75.04 percent. This is 
the ``All Others'' rate from the LTFV investigation. (See Final 
Determination of Sales at Less Than Fair Value: Certain Cut-to-Length 
Carbon Steel Plate from Romania, 58 FR 37209 (July 9, 1993)).
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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.
    This notice also serves as a 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. Timely notification of 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 sanctionable violation.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Tariff Act.

    Dated: January 5, 2001.
Troy H. Cribb,
Assistant Secretary for Import Administration.

Appendix

    Comments and Responses.
    1. Rescinding the Review.
    2. Barter Transactions.
    3. Factor Valuation.
    4. Overhead.
    5. Use of Inflator.
    6. Application of Inflator to Labor Costs.
    7. Circumstance-of-Sale Adjustments.
    8. Facts Available.
    9. Ministerial Errors.

[FR Doc. 01-1106 Filed 1-11-01; 8:45 am]
BILLING CODE 3510-DS-P