[Federal Register Volume 69, Number 239 (Tuesday, December 14, 2004)]
[Notices]
[Pages 74498-74499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3643]



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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 June 10, 2004, the Department of Commerce (the Department) 
published the preliminary results of its second 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 September 1, 2002, through 
August 31, 2003. 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 14, 2004.

FOR FURTHER INFORMATION CONTACT: Daniel O'Brien at (202) 482-1376 or 
Shane Subler at (202) 482-0189; AD/CVD Operations, Office 1, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 10, 2004, the Department published in the Federal Register 
the preliminary results of the second 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, 69 FR 32508 (June 10, 2004) (Preliminary 
Results).
    We invited parties to comment on the Preliminary Results. On July 
13, 2004, we received a case brief from the Rebar Trade Action 
Coalition (RTAC) and its individual members, the petitioners in the 
proceeding. On July 19, 2004, we received a rebuttal brief from the 
sole respondent, Joint Stock Company Liepajas Metalurgs (LM).\1\ In 
addition, on August 26, 2004, we released a supplemental questionnaire 
to LM. We provided an opportunity for interested parties to submit 
comments on any new factual information that LM submitted in response 
to the questionnaire. LM submitted its supplemental questionnaire 
response on September 2, 2004. The petitioners submitted comments on 
September 14, September 21, and September 24, 2004.\2\ The respondents 
submitted comments on September 17, 2004. We did not hold a public 
hearing, as none was requested.
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    \1\ On August 2, 2004, we rejected both the petitioners' case 
brief and the respondent's rebuttal brief because both included 
unsolicited new factual information submitted past the Department's 
regulatory deadline. The respondent submitted its revised rebuttal 
brief on August 4, 2004; the petitioners submitted their revised 
case brief on August 9, 2004.
    \2\ On September 24, 2004, acting in accordance with the 
Department's regulations, we rejected the petitioners' three sets of 
comments because they contained information that went beyond a 
rebuttal, clarification, or correction of the information in LM's 
supplemental response. We also instructed LM to eliminate any 
references to this information in its September 17, 2004, comments. 
The petitioners submitted revised versions of their three sets of 
comments on September 28, 2004; the respondents submitted a revised 
set of comments on September 29, 2004.
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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. The HTSUS subheading is 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 Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, from Barbara Tillman, 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 
Commerce building, and can also be accessed directly on the Web at 
www.ia.ita.doc.gov/frn. 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 corrected three 
calculation errors. These adjustments are discussed in detail in the 
Decision Memorandum.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period of September 1, 2002, 
through August 31, 2003:

------------------------------------------------------------------------
                                                       Weighted-Average
                      Producer                              Margin
                                                         (Percentage)
------------------------------------------------------------------------
Joint Stock Company Liepajas Metalurgs..............                3.01
------------------------------------------------------------------------

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. 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 LM, the cash deposit rate will be 3.01 
percent; (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.

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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 7, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

APPENDIX

Comment 1: LM's Reported Scrap Prices
Comment 2: The Department's Treatment of LM's Merchandise Reported as 
``Off-spec''
Comment 3: Calculation Errors
[FR Doc. E4-3643 Filed 12-13-04; 8:45 am]
BILLING CODE 3510-DS-S