[Federal Register Volume 66, Number 121 (Friday, June 22, 2001)]
[Notices]
[Pages 33530-33531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15744]



[[Page 33530]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-449-804]


Notice of Final Determination of Sales at Less Than Fair Value: 
Steel Concrete Reinforcing Bars From Latvia

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

EFFECTIVE DATE: June 22, 2001.

ACTION: Notice of final determinations of sales at less than fair 
value.

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FOR FURTHER INFORMATION CONTACT: Christopher Smith or Gabriel Adler, at 
(202) 482-1442 or (202) 482-3813, respectively; AD/CVD Enforcement, 
Office 5, Group II, Import Administration, Room 1870, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to Department of Commerce (Department) 
regulations refer to the regulations codified at 19 CFR part 351 (April 
2001).

Final Determination

    We determine that steel concrete reinforcing bars (rebar) from 
Latvia are being sold, or are likely to be sold, in the United States 
at less than fair value (LTFV), as provided in section 735 of the Act. 
The estimated margins of sales at LTFV are shown in the Continuation of 
Suspension of Liquidation section of this notice.

Case History

    The preliminary determination in this investigation was issued on 
January 16, 2001. See Notice of Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination: Steel 
Concrete Reinforcing Bars From Latvia, 66 FR 8348 (January 30, 2001) 
(Preliminary Determination). The petitioner \1\ and the sole 
respondent, JSC Liepajas Metalurgs (LM), filed case briefs on May 8, 
2001, and rebuttal briefs on May 14, 2001.
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    \1\ The petitioner in this investigation is the Rebar Trade 
Action Coalition (RTAC), and its individual members, AmeriSteel, 
Auburn Steel Co., Inc., Birmingham Steel Corp., Border Steel, Inc., 
Marion Steel Company, Riverview Steel, and Nucor Steel and CMC Steel 
Group.
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    Section 734(m) of the Act states that in the case of regional 
industry investigations, the administering authority shall offer 
exporters the opportunity to enter into suspension agreements. Proposed 
and finalized agreements in these cases must comport with the 
requirements set forth under section 734 of the Act for the suspension 
of antidumping duty investigations. The exporter participating in the 
instant investigation was aware of its opportunity to propose a 
suspension agreement. However, the Department did not accept a 
suspension agreement in this proceeding. See Memorandum from Holly A. 
Kuga to The File, dated April 2, 2001.

Scope of Investigation

    For purposes of this investigation, the product covered is all 
steel concrete reinforcing bars sold in straight lengths, currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item number 7214.20.00 or any other tariff item number. 
Specifically excluded are plain rounds (i.e., non-deformed or smooth 
bars) and rebar that has been further processed through bending or 
coating. HTSUS subheadings are provided for convenience and Customs 
purposes. The written description of the scope of this proceeding is 
dispositive.

Period of Investigation

    The period of investigation (POI) is April 1, 1999, through March 
31, 2000. This period corresponds to the four most recent fiscal 
quarters prior to the month of the filing of the petition (i.e., June 
2000).

Verification

    As provided in section 782(i) of the Act, we conducted verification 
of the cost and sales information submitted by LM from February 26 
through March 2, 2001, and April 9 through April 13, 2001, 
respectively. We used standard verification procedures including 
examination of relevant accounting and production records, and original 
source documents provided by the respondent.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping proceeding are listed in the Appendix to this notice 
and addressed in the Decision Memorandum for the instant investigation, 
dated June 14, 2001, which is hereby adopted by this notice. The 
Decision Memorandum for this case is on file in room B-099 of the main 
Department of Commerce building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the World Wide Web at 
http://ia.ita.doc.gov/frn/summary/list.htm. The paper and electronic 
versions of the Decision Memorandum are identical in content.

Changes Since the Preliminary Determinations

    Based on our findings at verification and analysis of comments 
received, we have made adjustments to the calculation methodology in 
calculating the final dumping margins in this proceeding. These 
adjustments are discussed in detail in the Decision Memorandum. For the 
final determination, we (1) revised the reported brokerage expense for 
the U.S. and German markets to account for the respondent's clerical 
errors and a verification finding; and (2) revised the general and 
administrative expense ratio to account for findings at verification.

Critical Circumstances

    Based on our analysis of the information on the record of this 
investigation, we have determined, for purposes of the final 
determination, that critical circumstances do not exist with respect to 
imports of rebar from Latvia. For further details, see Memorandum from 
Gary Taverman to Bernard T. Carreau, ``Antidumping Duty Investigation 
of Steel Concrete Reinforcing Bars from Latvia--Final Determination of 
Critical Circumstances,'' dated June 14, 2001.

Final Determination of Investigation

    We determine that the following weighted-average percentage dumping 
margins for Latvia exist in the period April 1, 1999, through March 31, 
2000:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
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Liepajas Metalurgs..........................................       17.21
All Others..................................................       17.21
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Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we are instructing the 
U.S. Customs Service to continue to suspend liquidation of all entries 
of rebar from Latvia that are entered, or withdrawn from warehouse, for 
consumption on or after January 30, 2001 (the date of publication of 
the Preliminary Determination in the Federal Register). The Customs 
Service shall continue to require a cash deposit or the posting of a 
bond equal to the estimated amount by which the normal value exceeds 
the U.S. price as shown above. The

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suspension of liquidation instructions will remain in effect until 
further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination. As our final 
determination is affirmative, the ITC will determine, within 45 days, 
whether imports of subject merchandise are causing material injury, or 
threaten material injury, to an industry in the United States. If the 
ITC determines that material injury or threat of injury does not exist, 
the proceedings will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping order directing Customs 
Service officials to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: June 14, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

    1. Whether LM Is Affiliated with a Trading Company
    2. Facts Available
    3. Brokerage Expenses in the Third Country Market
    4. Inclusion of Non-Operating Expenses in Revised G&A Ratio
    5. Credit Expenses

[FR Doc. 01-15744 Filed 6-21-01; 8:45 am]
BILLING CODE 3510-DS-P