[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Notices]
[Pages 62132-62134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24799]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-812]


Notice of Final Determination of Sales at Less Than Fair Value: 
Certain Cold-Rolled Carbon Steel Flat Products From Spain

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

EFFECTIVE DATE: October 3, 2002.

FOR FURTHER INFORMATION CONTACT: Irina Itkin or Elizabeth Eastwood at 
(202) 482-0656 or (202) 482-3874, respectively, Office of AD/CVD 
Enforcement, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

The Applicable Statute and Regulations

    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 (the Department) 
regulations refer to the regulations codified at 19 CFR part 351 (April 
2001).

Final Determination

    We determine that certain cold-rolled carbon steel flat products 
(cold-rolled steel) from Spain are being, 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.

Background

    On May 9, 2002, the Department published its preliminary 
determination in the above-captioned antidumping duty investigation. 
See Notice of Preliminary Determination of Sales at Less Than Fair 
Value: Certain Cold-Rolled Carbon Steel Flat Products From Spain, 67 FR 
31248 (May 9, 2002) (Preliminary Determination). This investigation was 
initiated on October 18, 2001.\1\ See Notice of Initiation of 
Antidumping Duty Investigations: Certain Cold-Rolled Carbon Steel Flat 
Products From Argentina, Australia, Belgium, Brazil, France, Germany, 
India, Japan, Korea, the Netherlands, New Zealand, the People's 
Republic of China, the Russian Federation, South Africa, Spain, Sweden, 
Taiwan, Thailand, Turkey, and Venezuela, 66 FR 54198 (October 26, 
2001).
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    \1\ The petitioners in this investigation are Bethlehem Steel 
Corporation, LTV Steel Company, Inc., Nucor Corporation, Steel 
Dynamics, Inc., United States Steel Corporation, WCI Steel, Inc., 
and Weirton Steel Corporation (collectively, the petitioners).
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    Since the preliminary determination, the following events have 
occurred. On May 13, 2002, Laminacion y Derivados, S.A. (Layde), an 
exporter that accounts for a significant portion of exports of subject 
merchandise, requested that the Department postpone the final 
determination and continue collecting cash deposits for not more than 
six months. Pursuant to section 733(d) of the Act and 19 CFR 
351.210(e)(2), the Department postponed the final determination. See 
Postponement of Final Determination of Antidumping Duty Investigation: 
Certain Cold-Rolled Carbon Steel Flat Products from Spain, 67 FR 40269 
(June 12, 2002). We gave interested parties an opportunity to comment 
on the preliminary determination. No case or rebuttal briefs were 
submitted.\2\
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    \2\ Normally, when the Department issues a final determination, 
the Federal Register notice is accompanied by a separate Issues and 
Decision Memorandum. Since no briefs were filed in this case, a 
separate memorandum is required.
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    With respect to scope, in the preliminary LTFV determinations in 
this and the companion cold-rolled steel investigations, the Department

[[Page 62133]]

preliminarily excluded certain porcelain enameling steel from the scope 
of these investigations. See Scope Appendix to the Notice of 
Preliminary Determination of Sales at Less Than Fair Value: Certain 
Cold-Rolled Carbon Steel Flat Products from Argentina, 67 FR 31181 (May 
9, 2002) (Scope Appendix--Argentina Preliminary LTFV Determination). On 
June 13, 2002, we issued a preliminary decision on the remaining 75 
scope exclusion requests filed in a number of the on-going cold-rolled 
steel investigations (see the June 13, 2002, memorandum regarding 
``Preliminary Scope Rulings in the Antidumping Investigations on 
Certain Cold-Rolled Carbon Steel Flat Products from Argentina, 
Australia, Belgium, Brazil, France, Germany, India, Japan, Korea, the 
Netherlands, New Zealand, the People's Republic of China, the Russian 
Federation, South Africa, Spain, Sweden, Taiwan, Thailand, Turkey, and 
Venezuela, and in the Countervailing Duty Investigations of Certain 
Cold-Rolled Carbon Steel Flat Products from Argentina, Brazil, France, 
and Korea'' (Preliminary Scope Rulings), which is on file in the 
Department's Central Records Unit (CRU), room B-099 of the main 
Department building). We gave parties until June 20, 2002, to comment 
on the preliminary scope rulings, and until June 27, 2002, to submit 
rebuttal comments. We received comments and/or rebuttal comments from 
petitioners and respondents from various countries subject to these 
investigations of cold-rolled steel. In addition, on June 13, 2002, 
North American Metals Company (an interested party in the Japanese 
proceeding) filed a request that the Department issue a ``correction'' 
for an already excluded product. On July 8, 2002, the petitioners 
objected to this request.
    At the request of multiple respondents, the Department held a 
public hearing with respect to the Preliminary Scope Rulings on July 1, 
2002. The Department's final decisions on the scope exclusion requests 
are addressed in the Scope of Investigation section below.

Scope of Investigation

    For purposes of this investigation, the products covered are 
certain cold-rolled (cold-reduced) flat-rolled carbon-quality steel 
products. A full description of the scope of this investigation is 
contained in ``Appendix I'' attached to the Notice of Correction to 
Final Determination of Sales at Less Than Fair Value: Certain Cold-
Rolled Carbon Steel Flat Products from Australia, 67 FR 52934 (Aug. 14, 
2002). For a complete discussion of the comments received on the 
Preliminary Scope Rulings, see the memorandum regarding ``Issues and 
Decision Memorandum for the Final Scope Rulings in the Antidumping Duty 
Investigations on Certain Cold-Rolled Carbon Steel Flat Products from 
Argentina, Australia, Belgium, Brazil, France, Germany, India, Japan, 
Korea, the Netherlands, New Zealand, the People's Republic of China, 
the Russian Federation, South Africa, Spain, Sweden, Taiwan, Thailand, 
Turkey, and Venezuela, and in the Countervailing Duty Investigations of 
Certain Cold-Rolled Carbon Steel Flat Products from Argentina, Brazil, 
France, and Korea,'' dated July 10, 2002, which is on file in the CRU.

Period of Investigation

    The period of investigation (POI) for this investigation is July 1, 
2000, through June 30, 2001. This period corresponds to the four most 
recent fiscal quarters prior to the month of the filing of the petition 
(i.e., September 2001).

Analysis of Comments Received

    We received no comments from interested parties in response to our 
preliminary determination. We did not hold a hearing because none was 
requested.

Facts Available

    In the preliminary determination, the Department based the dumping 
margin for Layde on adverse facts available pursuant to section 776(b) 
of the Act. The use of adverse facts available was warranted because 
Layde, as a mandatory respondent, failed to supply the information the 
Department requested. Therefore, the Department found that Layde failed 
to cooperate by not acting to the best of its ability. As a result, 
pursuant to section 776(b) of the Act, the Department used an adverse 
inference in selecting from the facts available. Specifically, the 
Department assigned Layde the highest margin alleged in the petition. 
We continue to find this margin corroborated, pursuant to section 
776(c) of the Act. A complete explanation of both the selection and 
application of facts available can be found in the Preliminary 
Determination, 67 FR at 31249. No interested parties have objected to 
the use of adverse facts available for Layde in this investigation, or 
to the Department's choice of the facts available margin. Accordingly, 
for the final determination, the Department is continuing to use, for 
Layde, the highest margin alleged in the petition. See the Preliminary 
Determination, 67 FR at 31251. In addition, the Department has left 
unchanged from the preliminary determination the ``All Others Rate'' in 
this investigation. See the Preliminary Determination, 67 FR at 31251.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service to continue to suspend all entries of 
cold-rolled steel from Spain, that are entered, or withdrawn from 
warehouse, for consumption on or after May 9, 2002, the date of 
publication of our preliminary determination. 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 below. These instructions suspending liquidation will remain 
in effect until further notice.
    The dumping margins are provided below:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
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Laminacion y Derivados, S.A. (Layde).......................        46.20
All Others.................................................        46.20
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ITC 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, within 45 days, determine 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry. If the ITC determines that material 
injury or threat of material injury does not exist, the proceeding 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 duty order directing the Customs Service 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.

Notification Regarding APO

    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.

[[Page 62134]]

Failure to comply with the regulations and the terms of an APO is a 
sanctionable violation.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: September 23, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-24799 Filed 10-2-02; 8:45 am]
BILLING CODE 3510-DS-P