[Federal Register Volume 69, Number 196 (Tuesday, October 12, 2004)]
[Notices]
[Pages 60610-60611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2573]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-791-819]


Notice of Final Determination of Sales at Less Than Fair Value: 
Certain Aluminum Plate From South Africa

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

ACTION: Notice of final determination of sales at less than fair value.

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SUMMARY: On May 21, 2004, the Department of Commerce published its 
preliminary determination of sales at less than fair value of certain 
aluminum plate from South Africa. The period of investigation is 
October 1, 2002, through September 30, 2003.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final determination 
differs from the preliminary determination. The final weighted-average 
dumping margin for the investigated company is listed below in the 
section entitled ``Final Determination Margins.''

EFFECTIVE DATE: October 12, 2004.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Kate Johnson, AD/
CVD Enforcement Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4007 or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Final Determination

    We determine that certain aluminum plate from South Africa is 
being, or is likely to be, sold in the United States at less-than-fair-
value (LTFV), as provided in section 735 of the Act.

Case History

    The preliminary determination in this investigation was published 
on May 21, 2004. See Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Certain Aluminum Plate from South Africa, 69 FR 
29262 (Preliminary Determination).
    During the period May 24--27 and June 7--11, 2004, we conducted the 
sales and cost verifications, respectively, of the questionnaire 
responses of Hulett Aluminium (Pty) Ltd. (Hulett), the sole respondent 
in this case.
    On June 3, 2004, we postponed the final determination until October 
4, 2004. See Notice of Postponement of Final Antidumping Duty 
Determination: Certain Aluminum Plate from South Africa, 69 FR 31346. 
On June 21, 2004, the petitioner, Alcoa Inc., requested a hearing. We 
received case and rebuttal briefs on July 28, 2004, and August 10, 
2004, respectively, from the petitioner and Hulett. On August 23, 2004, 
the petitioner withdrew its request for a hearing.

Scope of Investigation

    The merchandise covered by this investigation is 6000 series 
aluminum alloy, flat surface, rolled plate, whether in coils or cut-to-
length forms, that is rectangular in cross section with or without 
rounded corners and with a thickness of not less than .250 inches

[[Page 60611]]

(6.3 millimeters). 6000 Series Aluminum Rolled Plate is defined by the 
Aluminum Association, Inc.
    Excluded from the scope of this investigation are extruded aluminum 
products and tread plate.
    The merchandise subject to this investigation is currently 
classifiable under subheading 7606.12.3030 of the Harmonized Tariff 
Schedule of the United States (HTS). Although the HTS subheading is 
provided for convenience and customs purposes, our written description 
of the scope of this investigation is dispositive.

Period of Investigation

    The period of investigation is October 1, 2002, through September 
30, 2003.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this proceeding 
and to which we have responded are listed in the Appendix to this 
notice and addressed in the ``Issues and Decision Memorandum'' 
(Decision Memorandum) from Gary Taverman, Acting Deputy Assistant 
Secretary for Import Administration, to Jeffrey May, Acting Assistant 
Secretary for Import Administration, dated October 4, 2004, which is 
adopted by this notice. Parties can find a complete discussion of the 
issues raised in this investigation 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 Memorandum can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we have made certain changes to the margin calculations. 
For a discussion of these changes, see the ``Margin Calculations'' 
section of the Decision Memorandum.

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by the respondent for use in our final 
determination. We used standard verification procedures including 
examination of relevant accounting and production records, and original 
source documents provided by the respondent.

Final Determination Margins

    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Hulett Aluminium (Pty) Ltd..................................        3.51
All Others..................................................        3.51
------------------------------------------------------------------------

    In accordance with section 735(c)(5)(A), we have based the ``all 
others'' rate on the dumping margin found for the producer/exporter 
investigated in this proceeding, Hulett.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of certain aluminum plate from South 
Africa that are entered, or withdrawn from warehouse, for consumption 
on or after May 21, 2004, the publication date of the preliminary 
determination in the Federal Register. CBP shall continue to require a 
cash deposit or the posting of a bond based on the estimated weighted-
average dumping margin shown above. The suspension of liquidation 
instructions will remain in effect until further notice.

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 determine within 45 days 
whether these imports are causing material injury, or threat of 
material injury, to an industry in the United States. If the ITC 
determines that material injury or threat of 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 
CBP officials 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.
    This notice serves as the only 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(a)(3). Timely written 
notification of 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 this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: October 4, 2004.
Jeffrey May,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in the Decision Memorandum

Comments

Comment 1: Decline of the U.S. Dollar Against the South African 
Rand.
Comment 2: Offsets for Non-Dumped Comparisons.
Comment 3: SACD Storage Fee.

 [FR Doc. E4-2573 Filed 10-8-04; 8:45 am]
BILLING CODE 3510-DS-P