[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

[[Page 3546]]

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
------------------------------------------------------------------------
                                                                Margin
              Producer/ manufacturer/exporter                 (percent)
------------------------------------------------------------------------
Reiner Brach (97-98 Review)................................        36.00
Reiner Brach (98-99 Review)................................        36.00
------------------------------------------------------------------------

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

[[Page 3547]]

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