[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Notices]
[Pages 2566-2568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1026]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-822]


Certain Corrosion-Resistant Carbon Steel Flat Products from 
Canada: Final Results of Antidumping Duty Administrative Review

AGENCY:  Import Administration, International Trade Administration, 
U.S. Department of Commerce.
SUMMARY:  On September 9, 2003, the Department of Commerce (the 
Department) published the preliminary results of its administrative 
review of the antidumping duty order on certain corrosion-resistant 
carbon steel flat products from Canada (68 FR 53105). The review covers 
shipments of this merchandise to the United States for the period 
August 1, 2002 through July 31, 2003, by Dofasco Inc. and Sorevco Inc., 
collectively known as Dofasco.
    We gave interested parties an opportunity to comment on our 
preliminary results. Based on our analysis of comments, we have made 
changes to the preliminary results. For the final dumping margins see 
the ``Final Results of Review'' section below.

EFFECTIVE DATE: January 16, 2004.

FOR FURTHER INFORMATION CONTACT: Elfi Blum-Page or Christian Hughes, 
Office of Antidumping/Countervailing Duty Enforcement VII, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone (202) 482-0197 or (202) 482-0190, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 9, 2003, the Department published the preliminary 
results of its administrative review of the antidumping duty order on 
certain corrosion-resistant carbon steel flat products from Canada. See 
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada: 
Preliminary Results of Antidumping Duty Administrative Review, 68 FR 
53105 (September 9, 2003) (Preliminary Results). In the Preliminary 
Results, we determined that U.S. sales had been made below normal value 
(NV). We gave interested parties an opportunity to comment on our 
preliminary results. On October 9, 2003, we received case briefs from 
United States Steel Corporation (Petitioner) and Dofasco. On October 
17, 2003, Dofasco filed rebuttal comments. Neither party requested a 
hearing. The Department has now completed this review in accordance 
with section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Antidumping Duty Order

    The product covered by this antidumping duty order is certain 
corrosion-resistant steel, and includes flat-rolled carbon steel 
products, of rectangular shape, either clad, plated, or coated with 
corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, 
nickel- or iron-based alloys, whether or not corrugated or painted, 
varnished or coated with plastics or other nonmetallic substances in 
addition to the metallic coating, in coils (whether or not in 
successively superimposed layers) and of a width of 0.5 inch or 
greater, or in straight lengths which, if of a thickness less than 4.75 
millimeters, are of a width of 0.5 inch or greater and which measures 
at least 10 times the thickness or if of a thickness of 4.75 
millimeters or more are of a width which exceeds 150 millimeters and 
measures at least twice the thickness, as currently classifiable in the 
Harmonized Tariff Schedule (HTS) under item numbers 7210.30.0030, 
7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.61.0000, 
7210.69.0000, 7210.70.6030, 7210.70.6060,

[[Page 2567]]

7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 
7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000, 
7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 
7217.90.5030, 7217.90.5060, and 7217.90.5090. Included in this review 
are corrosion-resistant 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 are flat-rolled steel products either plated 
or coated with tin, lead, chromium, chromium oxides, both tin and lead 
(``terne plate''), or both chromium and chromium oxides (``tin-free 
steel''), whether or not painted, varnished or coated with plastics or 
other nonmetallic substances in addition to the metallic coating. Also 
excluded from this review are clad products in straight lengths of 
0.1875 inch or more in composite thickness and of a width which exceeds 
150 millimeters and measures at least twice the thickness. Also 
excluded from this review are certain clad stainless flat- rolled 
products, which are three-layered corrosion-resistant carbon steel 
flat- rolled products less than 4.75 millimeters in composite thickness 
that consist of a carbon steel flat-rolled product clad on both sides 
with stainless steel in a 20%-60%-20% ratio.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum from Joseph A Spetrini, Deputy Assistant Secretary for 
Import Administration, Group III, to James J. Jochum, Assistant 
Secretary for Import Administration: Issues and Decision Memorandum for 
the Final Results of the Ninth Administrative Review of Certain 
Corrosion-Resistant Carbon Steel Flat Products from Canada for Dofasco, 
Inc. and Sorevco, Inc. (Collectively, Dofasco), dated January 7, 2004 
(Decision Memo), which is hereby adopted by this notice.
    A list of the issues which parties have raised and to which we have 
responded, all of which are in the Decision Memo, is attached to this 
notice as an appendix. Parties can find a complete discussion of all 
issues raised in this review and the corresponding recommendations in 
this public memorandum, which is on file in the Central Records Unit, 
room B-099 of the main Commerce Building. In addition, a complete 
version of the Decision Memo can be accessed directly on the Web at 
http://ia.ita.doc.gov. The paper copy and electronic version of the 
Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations for Dofasco. In response to comments 
from both Dofasco and Petitioner we have reclassified certain sales as 
CEP sales. See Memorandum to Barbara E. Tillman from Maureen Flannery: 
Classification of Dofasco's Sales as Either EP or CEP Sales. Any 
alleged programming or clerical errors are discussed in the relevant 
section of the Decision Memo, accessible in room B-099 and on the Web 
at http://ia.ita.doc.gov.

Final Results of Review

    As a result of our review, we determine the antidumping margin for 
Dofasco to be as follows:

------------------------------------------------------------------------
         Manufacturer/[chyph]Exporter           Time Period     Margin
------------------------------------------------------------------------
Dofasco.......................................  08/03/01-07/        1.36
                                                      31/02      percent
------------------------------------------------------------------------

Duty Assessment and Cash Deposit Requirements

    The Department shall determine, and Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries. The 
Department will issue appropriate appraisement instructions directly to 
CBP within 15 days of publication of the final results of review. 
Furthermore, the following deposit rates will be effective with respect 
to all shipments of certain corrosion-resistant carbon steel flat 
products from Canada entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results, as 
provided for by section 751(a)(2)(C) of the Act: (1) for Dofasco, the 
cash deposit rate will be the rate indicated above; (2) for previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will be the company-specific rate established for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the subject merchandise; 
and (4) for all other producers and/or exporters of this merchandise, 
the cash deposit rate shall be the ``all other'' rate established in 
the LTFV investigation, which is 18.71 percent. The deposit rate, when 
imposed, shall remain in effect until publication of the final results 
of the next administrative review.

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under section 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 the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the administrative order itself. 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 terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(3)(A) and 777(i)(1) of the Act.

    Dated: January 7, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

APPENDIX

List of Issues

1. Classification of Dofasco's Channel 2 and Channel 3 Sales as EP or 
CEP Sales
2. Matching by Level of Trade Before Matching by Month
3. Deduction of Indirect Selling Expenses Incurred in the Country of 
Manufacture (DINDIRSU) from Constructed Export Price (CEP)
4. Inclusion of Further Processing Costs and Freight to the Further 
Processor in CEP Selling Expenses (CEPSELL)
5. Exclusion of Certain Home Market Sales from Analysis by Not 
Extending the Window Period to Two Months after the Last Sale Date of 
the U.S. Sales
6. Reclassification of U.S. Spot Sales Made Through Channel 3 as Export 
Price (EP) Sales
7. Claimed Inaccuracies in Verification Report
8. Home Market Sales of Non-Prime Products

[[Page 2568]]

9. Correction to Draft Liquidation and Cash Deposit Instructions
10. Prepaid Brokerage and Handling (PBROKU) for Certain U.S. Sales
11. Correction of Certain Ministerial Errors
[FR Doc. 04-1026 Filed 1-15-04; 8:45 am]
BILLING CODE 3510-DS-S