[Federal Register Volume 68, Number 203 (Tuesday, October 21, 2003)]
[Notices]
[Pages 60081-60083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26530]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-849]


Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate 
From the People's Republic of China; Termination of Suspension 
Agreement and Notice of Antidumping Duty Order

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

ACTION: Termination of the suspension agreement on certain cut-to-
length carbon steel plate from the People's Republic of China 
(``China'') and notice of antidumping duty order.

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SUMMARY: On August 29, 2003, the Embassy of the People's Republic of 
China (``the Embassy'') submitted a letter informally to the Department 
of Commerce (``the Department'') announcing its intention to withdraw 
from the suspension agreement on Certain Cut-to-Length Carbon Steel 
Plate from the People's Republic of China (``the Agreement''). On 
September 4, 2003, the letter was put on the public and official record 
in the Central Records Unit (``CRU'') of the Department and interested 
parties were notified (see Memo to the File: Interested Parties 
Notified of the Withdrawal by the Government of the People's Republic 
of China (``GOC'') from the Suspension Agreement (``the Agreement'') on 
Certain Carbon Cut-to-length Plate (``CTL plate'') from China, 
(December 10, 2003)). In accordance with Section XII of the Agreement, 
termination of the Agreement shall be effective 60 days after notice of 
termination of the Agreement is given to the Department. In 1997, the 
underlying investigation was continued following the signature of the 
Agreement, pursuant to section 734(g) of the Tariff Act of 1930, as 
amended (``the Act''), resulting in an affirmative determination of 
dumping and of material injury. Therefore, the Department is 
terminating the Agreement and issuing an antidumping duty order, 
effective November 3, 2003 (60 days from the official filing of the 
request for termination), and will direct suspension of liquidation to 
also begin on that date.

EFFECTIVE DATE: November 3, 2003.

FOR FURTHER INFORMATION CONTACT: Jean Kemp or Rachel Kreissl, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-4037 or (202) 482-0409, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 24, 1997, the Department signed an agreement with the 
Government of the People's Republic of China (``GOC'') suspending the 
antidumping investigation on CTL plate from China (see Suspension of 
Antidumping Duty Investigation: Certain Cut-to-Length Carbon Steel 
Plate From the People's Republic of China, 62 FR 61773 (November 19, 
1997)). In accordance with section 734(g) of the Act, on November 20, 
1997, the Department published its final determination of sales at less 
than fair value in this case (see Final Determination of Sales at Less 
Than Fair Value: Certain Cut-to-Length Carbon Steel Plate From the 
People's Republic of China, 62 FR 61964 (November 20, 1997)), followed 
by an

[[Page 60082]]

amended final on January 12, 1998 (see Amended Final Determination of 
Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate 
From the People's Republic of China, 63 FR 1821 (January 12, 1998)). On 
December 17, 1997, the International Trade Commission (``ITC'') 
determined that an industry in the United States was materially injured 
by reason of imports of CTL plate from China that were being sold at 
less than fair value (see Certain Carbon Steel Plate from China, 
Russia, South Africa, and Ukraine, 62 FR 66128, Investigation No. 731-
TA-753-756 (Final) Publication 3076; December 17, 1997)).
    Although notice of the opportunity to request an administrative 
review was issued in November 1998, November 1999, October 2000, 
October 2001, and October 2002, no review was ever requested by either 
petitioners or respondents (see Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation: Opportunity To Request 
Administrative Review, 63 FR 63287 (November 12, 1998)); Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation: 
Opportunity To Request Administrative Review, 64 FR 62167 (November 16, 
1999)); Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation: Opportunity To Request Administrative Review, 65 FR 
63057 (October 20, 2000); Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation: Opportunity To Request 
Administrative Review, 66 FR 49923 (October 1, 2001); and Antidumping 
or Countervailing Duty Order, Finding, or Suspended Investigation: 
Opportunity To Request Administrative Review, 67 FR 61849 (October 2, 
2002)).
    On September 3, 2002, the Department initiated (see Notice of 
Initiation of Five-Year (``Sunset'') Reviews, 67 FR 56268 (September 3, 
2002)) and the ITC instituted (see Institution of Five-year Reviews 
Concerning the Suspended Investigations on Cut-to-length (CTL) Carbon 
Steel Plate from China, Russia, South Africa, and Ukraine, 67 FR 56311 
(September 3, 2002)) a sunset review of the agreement, pursuant to 
section 751(c) of the Act. On December 9, 2002, the ITC determined to 
conduct full five-year reviews pursuant to section 751(c)(5) of the Act 
(see Notice of Commission Determinations to Conduct Full Five-year 
Reviews Concerning the Antidumping Duty Orders on Cut-to-length Carbon 
Steel Plate from China, Russia, South Africa, and Ukraine, 67 FR 77803 
(December 19, 2002)). As a result of its review, on January 8, 2003, 
the Department determined that termination of the suspended 
investigation underlying the agreement would be likely to lead to 
continuation or recurrence of dumping and notified the ITC of the 
magnitude of the margin likely to prevail were the suspended 
investigation underlying the agreement terminated (see Cut-to-Length 
Carbon Steel Plate From the People's Republic of China, the Russian 
Federation, and South Africa; Final Results of Expedited Sunset Review 
of Suspended Antidumping Duty Investigations, 68 FR 1038 (January 8, 
2003)).
    On August 18, 2003, the ITC determined that termination of the 
suspended investigation on CTL plate from China would be likely to lead 
to continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time (see Cut-to-Length 
Carbon Steel Plate From China, Russia, South Africa, and Ukraine, 68 FR 
52614; ITC Publication No. 3626 (September 4, 2003)). Pursuant to the 
ITC's affirmative determination in the five-year sunset review, the 
Department issued a notice of continuation on September 12, 2003, for 
the suspended investigation underlying the Agreement on CTL plate from 
China (see Continuation of Suspended Antidumping Duty Investigations: 
Cut-to-length Carbon Steel Plate from the People's Republic of China, 
the Russian Federation, and Ukraine).
    On August 29, 2003, referencing Article XII of the Agreement, the 
Embassy of China in Washington, DC, submitted a facsimile request 
informing the Department that ``the Chinese side has decided to 
withdraw from the Suspension Agreement on Cut-to-length Carbon Steel 
Plate, which will expire on October 30, 2003'' (see Memo to the File: 
Interested Parties Notified of the Withdrawal by the Government of the 
People's Republic of China (``GOC'') from the Suspension Agreement 
(``the Agreement'') on Certain Carbon Cut-to-length Plate (``CTL 
plate'') from China, (December 10, 2003)). On September 4, 2003, the 
letter was put on the public and official record in the Central Records 
Unit (``CRU'') of the Department and interested parties were notified 
(see Memo to the File: Interested Parties Notified of the Withdrawal by 
the Government of the People's Republic of China (``GOC'') from the 
Suspension Agreement (``the Agreement'') on Certain Carbon Cut-to-
length Plate (``CTL plate'') from China, (December 10, 2003)).

Scope of Agreement

    The merchandise covered by this agreement is Certain Cut-to-length 
Carbon Steel Plate from the People's Republic of China. Included in 
this description is hot-rolled iron and non-alloy steel universal mill 
plates (i.e., flat-rolled products rolled on four faces or in a closed 
box pass, of a width exceeding 150 mm but not exceeding 1250 mm and of 
a thickness of not less than 4 mm, 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 iron and non-alloy steel 
flat-rolled products not in coils, 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 mm or more in thickness and of a width which exceeds 150 mm and 
measures at least twice the thickness. Included as subject merchandise 
in this Agreement 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 bevelled or rounded at the edges. 
This merchandise is currently classified in the Harmonized Tariff 
Schedule of the United States (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, 
7212.50.0000. Although the HTS subheadings are provided for convenience 
and customs purposes, the written description of the scope of this 
Agreement is dispositive. Specifically excluded from subject 
merchandise within the scope of this Agreement is grade X-70 steel 
plate.

Termination of Suspended Investigation and Issuance of Antidumping Duty 
Order

    Article XII of the Agreement states, in part:
    ``The Government of the People's Republic of China may terminate 
this Agreement at any time upon notice to the Department. Termination 
shall be effective 60 days after such notice is given to the 
Department. Upon termination at the request of MOFTEC,

[[Page 60083]]

the provisions of Section 734(i) of the Act shall apply.''
    As noted above, the underlying investigation in this proceeding was 
continued pursuant to section 734(g) of the Act following the 
acceptance of the Agreement. As a result of the continued 
investigation, the Department made a final determination of dumping, 
and the ITC found material injury. Section 734(i)(1)(A) of the Act 
stipulates that the Department shall:
    Suspend liquidation under section 733(d)(2) of unliquidated entries 
of the merchandise made on the later of--
    (i) the date which is 90 days before the date of publication of the 
notice of suspension of liquidation, or
    (ii) the date on which the merchandise the sale or export to the 
United States of which was in violation of the agreement, or under an 
agreement which no longer meets the requirements of subsection (b) and 
(d) or (c) and (d), was first entered, or withdrawn from warehouse, for 
consumption. . . .
    Furthermore, section 734(i)(1)(C) stipulates that the Department 
shall:
    If the investigation was completed under subsection (g), issue an 
antidumping duty order under section 736(a) effective with respect to 
entries of merchandise liquidation of which was suspended.
    Finally, section 734(i)(1)(E) stipulates that the Department shall:
    Notify the petitioner, interested parties who are or were parties 
to the investigation, and the Commission of its actions under this 
paragraph.
    The GOC's request for termination of the suspension agreement is 
effective November 3, 2003, which is the date the agreement will no 
longer meet the requirements of section 734(d) of the Act. Because the 
GOC is withdrawing its participation from the Agreement, the Department 
finds that suspension of the underlying investigation will no longer be 
in the public interest as of that date (see section 734(d)(1)). 
Therefore, the Department will direct the U.S. Bureau of Customs and 
Border Protection (``BCBP'') to suspend liquidation of all entries of 
CTL plate from China effective November 3, 2003. Accordingly, pursuant 
to section 734(i)(1)(C) of the Act, the Department hereby issues an 
antidumping duty order effective November 3, 2003, which is 60 days 
from the official filing date of the termination request of the GOC.

Antidumping Duty Order

    In accordance with section 736(a)(1) of the Act, the Department 
will direct BCBP to assess, beginning on November 3, 2003, antidumping 
duties equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise for all entries of CTL plate from China. These antidumping 
duties will be assessed on all unliquidated entries of CTL plate from 
China entered, or withdrawn from warehouse, for consumption on or after 
November 3, 2003.
    We will instruct BCBP to require a cash deposit for each entry 
equal to the antidumping duty margins found in our amended final 
determination of January 12, 1998, as listed below. These suspension-
of-liquidation instructions will remain in effect until further notice. 
The ``China-Wide Rate'' applies to all producers and exporters of 
subject CTL plate not specifically listed. The final weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/Exporter                   average margin
                                                             (percent)
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Anshan (AISCO/Anshan International/Sincerely Asia Ltd)..           30.68
Baoshan (Bao/Baoshan International Trade Corp/Bao Steel            30.51
 Metals Trading Corp)...................................
Liaoning................................................           17.33
Shanghai Pudong.........................................           38.16
WISCO (Wuhan/International Economic and Trading Corp/             128.59
 Cheerwu Trader Ltd)....................................
China-wide Rate.........................................          128.59
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
CTL plate from China. Interested parties may contact the Department's 
Central Records Unit, room B-099 of the main Commerce building, for 
copies of an updated list of antidumping duty orders currently in 
effect.
    This notice is published in accordance with sections 734(i) and 
777(i) of the Act. This order is published in accordance with section 
736(a) of the Act.

    Dated: October 14, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-26530 Filed 10-20-03; 8:45 am]
BILLING CODE 3510-DS-P