[Federal Register Volume 68, Number 75 (Friday, April 18, 2003)]
[Notices]
[Pages 19189-19190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9638]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-809]


Cut-to-Length Carbon Steel Plate from Mexico: Rescission of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 25, 2002, in response to a request made by 
Bethlehem Steel Corporation and United States Steel Corporation 
(``Petitioners''), the Department of Commerce (``the Department'') 
published in the Federal Register (67 FR 60210) a notice announcing the 
initiation of an administrative review of the antidumping duty order on 
cut-to-length carbon steel plate from Mexico. The review period is 
August 1, 2001, to July 31, 2002. This review has now been rescinded 
because Altos Hornos de Mexico, S.A. de C.V. did not have any shipments 
during the period of review (``POR'').

EFFECTIVE DATE: April 18, 2003.

FOR FURTHER INFORMATION CONTACT: Michael Ferrier, Enforcement Group 
III, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Room 7866, Washington, DC 20230; telephone 
(202) 482-1394.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations are to the provisions of 
the Tariff Act of 1930, as amended (the Act). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the regulations at 19 CFR part 351 (2002).

Scope of the Review

    The merchandise under review is cut-to-length carbon steel plate. 
Although the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise under review is dispositive.
    These products include hot-rolled carbon steel universal mill 
plates (i.e.,

[[Page 19190]]

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 HTSUS 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, 
7212.50.0000. Included in this review are flat-rolled products of non-
rectangular 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 from this review is grade X-70 plate.

Background

    On August 30, 2002, Petitioners requested that the Department 
conduct an administrative review of the sales of subject merchandise 
made by Altos Hornos de Mexico, S.A. de C.V. (``AHMSA'') during the 
period August 1, 2001, to July 31, 2002. On September 25, 2002, the 
Department published in the Federal Register a notice announcing the 
initiation of an administrative review of the antidumping duty order on 
cut-to-length carbon steel plate from Mexico (see Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, Requests 
for Revocation in Part and Deferral of Administrative Reviews, (67 FR 
60210) September 25, 2002). On October 8, 2002, the Department issued 
an antidumping questionnaire to AHMSA. On October 17, 2002, AHMSA 
submitted a letter to the Department stating that neither AHMSA, nor 
any of its affiliated companies sold, shipped, or entered for 
consumption cut-to-length carbon steel plate from Mexico into the 
United States during the POR. AHMSA also requested that the Department 
rescind the administrative review. In a letter dated October 25, 2002, 
petitioners requested that the Department investigate the conflict 
between AHMSA's claim of no entries or sales for consumption during the 
POR and the U.S. Census Bureau IM-145 data showing that 369 net tons of 
cut-to-length carbon steel plate from Mexico entered the United States 
during the POR. Petitioners also surmised that AHMSA is the only 
producer of cut-to-length carbon steel plate in Mexico. On March 25, 
2003, the Department issued a supplemental questionnaire to AHMSA, 
inquiring whether AHMSA or any of its affiliates exported subject 
merchandise to the United States during the POR. On April 1, 2002, 
AHMSA responded to the Department's supplemental questionnaire. AHMSA 
stated that its only affiliated reseller, National de Acero S.A. de 
C.V. (``NASA'') did not have any exports of Mexican cut-to-length plate 
to the United States during the POR.
    Pursuant to 19 C.F.R. 351.213(d)(3), the Department may rescind an 
administrative review, in whole or only with respect to a particular 
exporter or producer, if the Secretary concludes that, during the 
period of review, there were no entries, exports, or sales of subject 
merchandise. The Department performed a U.S. Customs Service query for 
entries of cut-to-length carbon steel plate from Mexico, classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) item 
numbers in the ``Scope Under Review'' section of this Federal Register 
notice. Additionally, the Department inquired with the U.S. Customs 
Service whether there were any shipments of cut-to-length carbon steel 
plate from Mexico. We found no entries or shipments from AHMSA or its 
affiliated reseller NASA during the POR of Mexican cut-to-length plate 
to the United States. This review has now been rescinded because AHMSA 
did not have any shipments during the POR. The Department will issue 
appropriate instructions to Customs.
    This notice is issued and published in accordance with section 
777(i) of the Act and 19 CFR 351.213(d)(4).

    Dated: April 14, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-9638 Filed 4-17-03; 8:45 am]
BILLING CODE 3510-DS-S