[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Notices]
[Pages 71067-71068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E3-00605]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-449-804]


Notice of Final Results of Antidumping Duty Administrative 
Review: Steel Concrete Reinforcing Bars from Latvia

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  On August 15, 2003, the Department of Commerce (the 
Department) published the preliminary results of its first 
administrative review of the antidumping duty order on steel concrete 
reinforcing bars (rebar) from Latvia. The review covers one producer of 
the subject merchandise. The period of review (POR) is January 30, 
2001, through August 31, 2002. Based on our analysis of comments 
received, these final results differ from the preliminary results. The 
final results are listed below in the Final Results of Review section.

EFFECTIVE DATE: December 22, 2003.

FOR FURTHER INFORMATION CONTACT:  James Kemp or Daniel O'Brien, at 
(202) 482-5346 or (202) 482-1376, respectively; AD/CVD Enforcement, 
Office 5, Group II, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On August 15, 2003, the Department published in the Federal 
Register the preliminary results of the first administrative review of 
the antidumping duty order on rebar from Latvia. See Notice of 
Preliminary Results of Antidumping Duty Administrative Review: Steel 
Concrete Reinforcing Bars from Latvia, 68 FR 48880 (August 15, 2003) 
(Preliminary Results).
    We invited parties to comment on the Preliminary Results. On 
September 15, 2003, we received case briefs from the sole respondent, 
Joint Stock Company Liepajas Metalurgs (Liepajas Metalurgs), and the 
petitioner, the Rebar Trade Action Coalition. Both parties submitted 
rebuttal briefs on September 22, 2003. A public hearing was not held, 
as none was requested.

Scope of the Order

    For purposes of this order, 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.

Analysis of Comments Received

    The issues raised in the case briefs by parties to this 
administrative review are addressed in the Issues and Decision 
Memorandum to James J. Jochum, Assistant Secretary for Import 
Administration, from Holly A. Kuga, Acting Deputy Assistant Secretary 
(Decision Memorandum), which is hereby adopted by this notice. A list 
of the issues addressed in the Decision Memorandum is appended to this 
notice. The Decision Memorandum is on file in Room B-099 of the main

[[Page 71068]]

Commerce building, and can also be accessed directly on the Web at 
www.ia.ita.doc.gov. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made one 
adjustment to the methodology used in calculating the final dumping 
margin in this proceeding. The adjustment is discussed in detail in the 
Decision Memorandum. For the final results, we have continued to use 
non-adverse facts available in lieu of certain missing information. 
Specifically, we have now matched the U.S. sales without identical 
matches to sales of similar merchandise in the home market, instead of 
using constructed value.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period of January 30, 2001, 
through August 31, 2002:

----------------------------------------------------------------------------------------------------------------
                             Producer                                   Weighted-Average Margin (Percentage)
----------------------------------------------------------------------------------------------------------------
Joint Stock Company Liepajas Metalurgs...........................                                           0.87
----------------------------------------------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to 19 CFR 351.212(b). The Department calculated 
importer-specific duty assessment rates on the basis of the ratio of 
the total amount of antidumping duties calculated for the examined 
sales to the total entered value of the examined sales for that 
importer. Since the delivery terms for all of Liepajas Metalurgs' U.S. 
sales were FOB Latvian seaport, we calculated entered value using the 
gross unit price reported in the U.S. sales database. Where the 
assessment rate is above de minimis, we will instruct CBP to assess 
duties on all entries of subject merchandise by that importer. The 
Department will issue appropriate assessment instructions directly to 
CBP within 15 days of publication of these final results of review.

Cash Deposits

    Furthermore, the following deposit requirements will be effective 
upon publication of the final results of this administrative review for 
all shipments of rebar from Latvia entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results, as provided by section 751(a) of the Tariff Act of 1930, 
as amended (the Act): (1) for companies covered by this review, the 
cash deposit rate will be the rate listed above; (2) for merchandise 
exported by producers or exporters not covered in this review but 
covered in a previous segment of this proceeding, the cash deposit rate 
will continue to be the company-specific rate published in the most 
recent final results in which that producer or exporter participated; 
(3) if the exporter is not a firm covered in this review or in any 
previous segment of this proceeding, but the producer is, the cash 
deposit rate will be that established for the producer of the 
merchandise in these final results of review or in the most recent 
final results in which that producer participated; and (4) if neither 
the exporter nor the producer is a firm covered in this review or in 
any previous segment of this proceeding, the cash deposit rate will be 
17.21 percent, the ``All Others'' rate established in the less-than-
fair-value investigation. 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 in the subsequent 
assessment of double antidumping duties.
    This notice also is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 15, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.

APPENDIX

Comment 1: The Use of Adverse Facts Available or an Alternative Neutral 
Facts Available in the Final Results
Comment 2: Ministerial Error
[FR Doc. E3-00605 Filed 12-19-03; 8:45 am]
BILLING CODE 3510-DS-S