[Federal Register Volume 66, Number 10 (Tuesday, January 16, 2001)]
[Notices]
[Pages 3545-3547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1225]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-816]
Certain Cut-to-Length Carbon Steel Plate From Germany: Final
Results of Antidumping Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results in the antidumping duty administrative
reviews of certain cut-to-length carbon steel plate from Germany.
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SUMMARY: On September 7, 2000, the Department of Commerce
(``Department'') published the preliminary results of the
administrative reviews of the antidumping duty order on certain cut-to-
length carbon steel plate from Germany. These reviews cover one
manufacturer/exporter. The periods of review (``PORs'') are August 1,
1997 through July 31, 1998, and August 1, 1998 through July 31, 1999.
Based on our analysis of the comments received, we have not made
any changes in the margin calculations. Therefore, the final results do
not differ from the preliminary results. The final adverse facts
available margins for the reviewed firm are listed below in the section
entitled ``Final Results of the Reviews.''
EFFECTIVE DATE: January 16, 2001.
FOR FURTHER INFORMATION CONTACT: Robert Bolling, or James Doyle,
Enforcement Group III, Office 9, Import Administration, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue, NW., Washington, DC 20230, telephone 202-482-3434 (Bolling), or
202-482-0159 (Doyle), fax 202-482-1388.
SUPPLEMENTARY INFORMATION:
Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of 1930
(``the Act'') are references to the provisions effective January 1,
1995, the effective date of the amendments made to the Act by the
Uruguay Round Agreements Act (``URAA''). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
regulations at 19 CFR Part 351 (1999).
Background
The Department published an antidumping duty order on certain cut-
to-length carbon steel plate from Germany on August 19, 1993.
Antidumping Duty Orders and Amendments to Final Determinations of Sales
at Less Than Fair Value: Certain Hot-Rolled Carbon Steel Flat Products,
Certain Cold-Rolled Carbon Steel Flat Products, Certain Corrosion-
Resistant Carbon Steel Flat Products and Certain Cut-to-Length Carbon
Steel Plate From Germany, 58 FR 44170 (August 19, 1993) (``Antidumping
Duty Order''). On August 11, 1998, the Department published a notice of
opportunity to request administrative review of this order for the
period August 1, 1997 through July 31, 1998. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review, 63 FR 42821 (August 11,
1998). Novosteel, a Swiss exporter of subject merchandise, timely
requested that the Department conduct an administrative review of
Novosteel's sales for this period (``97-98 Review''). On September 24,
1998, Novosteel requested that the Department defer the 97-98 Review
for a one year period, in accordance with 19 CFR 351.213(c); the
Department agreed to this request. See Initiation of Antidumping and
Countervailing Duty Administrative Review, Requests for Revocation in
Part and Deferral of Administrative Reviews, 63 FR 58009 (October 29,
1998). On August 11, 1999, the Department published a notice of
opportunity to request administrative review of this order for the
period August 1, 1998 through July 31, 1999. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review, 64 FR 43649 (August 11,
1999). On August 13, 1999, Novosteel timely requested that the
Department conduct an administrative review of Novosteel's U.S. entries
for this period (``98-99 Review''). On August 31, 1999, Petitioners
also timely requested that the Department conduct an administrative
review of Novosteel's U.S. entries for the 98-99 period of review
(``POR''). In accordance with section 751(a) of the Act, the Department
published in the Federal Register notices of initiation of the 97-98
Review and the 98-99 Review. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Requests for Revocation
in Part, 64 FR 60161 (November 4, 1999) (97-98); Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Requests
for Revocation in Part, 64 FR 53318 (October 1, 1999) (98-99).
On October 4, 1999, the Department issued Novosteel its
questionnaire for the 97-98 Review and the 98-99 Review. On December 9,
1999, Novosteel responded to Section A of the Department's
questionnaires. In the Section A response, sales documentation
demonstrated that the producer of the subject merchandise, Reiner
Brach, had knowledge that the subject merchandise was being exported to
the United States. See Exhibits 3 and 4 of the December 9, 1999
response. Also, on January 7, 2000, Novosteel responded to Sections B
and C of the Department's questionnaires. On January 18, 2000,
Petitioners submitted a request that the Department terminate the
administrative reviews with respect to Novosteel, arguing that a review
of Novosteel, a non-producing exporter, would only be appropriate where
the supplier did not have knowledge that the merchandise would be
exported to the United States. Petitioners argued that Novosteel's
supplier, producer Reiner Brach, had knowledge that the merchandise
would be sold to the United States and that, thus, the appropriate
sales to be reviewed were those made by Reiner Brach to Novosteel. On
February 2, 2000, Reiner Brach submitted a letter opposing termination
of the administrative review of Novosteel and agreed to become a
respondent for these administrative reviews.
Based on the Novosteel's questionnaire responses, the Department
determined that Reiner Brach not only was the producer of the subject
merchandise, but also had knowledge that the products were
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destined for the United States, and that, thus, the sale between Reiner
Brach and Novosteel was the appropriate link in the sales chain upon
which the Department should be conducting its antidumping analysis
regarding these sales of the subject merchandise in the United States
during the aforementioned PORs. While the result of this change in
focus is that the margin calculated in these reviews will be that of
Reiner Brach, rather than of Novosteel, per se, Novosteel affirmatively
accepted the change of analytical focus to Reiner Brach, and
Petitioners have not disagreed with this approach. Therefore, bearing
these factors in mind, and in consideration of the small size and lack
of experience of Reiner Brach, in addition to noting that two PORs are
at issue, the Department determined that it was proper use of its
discretion to conduct administrative reviews for the 97-98 and 98-99
PORs of Reiner Brach's sales.
On August 31, 2000, the Department issued the preliminary results
of these administrative reviews. See Certain Cut-to-Length Carbon Steel
Plate from Germany: Preliminary Results of Antidumping Duty
Administrative Reviews, 65 FR 54205 (September 7, 2000) (``German
Plate''). The Department has now completed these administrative reviews
in accordance with section 751 of the Act.
Scope of the Reviews
The products covered by these administrative reviews constitute one
``class or kind'' of merchandise: certain cut-to-length carbon steel
plate. These products 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
coils 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 Harmonized Tariff
Schedule (``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. Included 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 beveled or rounded at
the edges. Excluded 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
these administrative reviews are addressed in the ``Issues and Decision
Memorandum'' (``Decision Memorandum'') from Joseph A. Spetrini, Deputy
Assistant Secretary, Import Administration, to Troy H. Crib, Assistant
Secretary for Import Administration, dated January 5, 2001, 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 these reviews and the
corresponding recommendations in this public memorandum which is on
file at the U.S. Department of Commerce, in the Central Records Unit,
in room B-099. In addition, a complete version of the Decision
Memorandum, is accessible in B-099 and on the Web at ia.ita.doc.gov.
The paper copy and electronic version of the Decision Memorandum are
identical in content.
Use of Facts Available
In accordance with section 776 of the Act, we have determined that
the use of facts available is appropriate for these proceedings for our
analysis of Reiner Brach's entries. For a discussion of our
determination with respect to this matter, see the facts available
section of the Decision Memorandum, accessible in B-099 and on the Web
at ia.ita.doc.gov.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have not made any
changes in the margin calculations. See ``Decision Memorandum,''
accessible in B-099 and on the Web at ia.ita.doc.gov.
Final Results of the Reviews
We determine the following margins for the periods August 1, 1997
through July 31, 1998 and August 1, 1998 through July 31, 1999:
Certain Cut-To-Length Carbon Steel Plate
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Margin
Producer/ manufacturer/exporter (percent)
------------------------------------------------------------------------
Reiner Brach (97-98 Review)................................ 36.00
Reiner Brach (98-99 Review)................................ 36.00
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative reviews
for all shipments of cut-to-length plate from Germany entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(1) of the Act: (1) The cash
deposit rates for the reviewed company will be the rate shown above;
(2) for previously reviewed or investigated 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 36.00
percent. This rate is the ``all others'' rates from the LTFV
investigation. See Antidumping Duty Orders and Amendments to Final
Determinations of Sales at Less Than Fair Value: Certain Hot-Rolled
Carbon Steel Flat Products, Certain Cold-Rolled Carbon Steel Flat
Products, Certain Corrosion-Resistant Carbon Steel Flat Products and
Certain Cut-to-Length Carbon Steel Plate From Germany, 58 FR 44170
(August 19, 1993) (``Antidumping Duty Order'').
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
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subsequent assessment of doubled antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305 or conversion to
judicial protective order is requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: January 5, 2001.
Troy H. Cribb,
Assistant Secretary for Import Administration.
Appendix
1. Respondent Cooperation
2. Request to Extend Final and Submit Additional Data
3. The Application of Total Adverse Facts Available
4. The Facts Available Margin
[FR Doc. 01-1225 Filed 1-12-01; 8:45 am]
BILLING CODE 3510-DS-P