[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12651-12654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1127]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-485-803


Certain Cut-to-Length Carbon Steel Plate from Romania: Notice of 
Final Results and Final Partial Rescission of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: On September 7, 2004, the Department of Commerce (``the 
Department'') published the preliminary results of its administrative 
review of the antidumping duty order on certain cut-to-length carbon 
steel plate from Romania. See Certain Cut-to-Length Carbon Steel Plate 
From Romania: Preliminary Results of the Antidumping Duty 
Administrative Review and Notice of Intent To Rescind in Part, 69 FR 
54108 (September 7, 2004) (``Preliminary Results''). This review covers 
producer Ispat Sidex, S.A. (``Sidex'') and exporter Metalexportimport, 
S.A. (``MEI''). The period of review (``POR'') is August 1, 2002, 
through July 31, 2003. We are rescinding the review with respect to CSR 
SA Resita (``CSR'') and MINMET, S.A. (``MINMET'') because CSR and 
MINMET did not ship subject merchandise to the United States during the 
POR. We invited parties to comment on our Preliminary Results. Based on 
our analysis of comments received, we have made changes in the margin 
calculation. Therefore, the final results differ from the preliminary 
results. The final results are listed below in the ``Final Results of 
Review'' section.

EFFECTIVE DATE: March 15, 2005.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander at (202) 482-0182 or 
Abdelali Elouaradia at (202) 482-1374, AD/CVD Operations, Office 7, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Ave, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2004, we published in the Federal Register the 
preliminary results of this antidumping review on September 7, 2004. 
See Preliminary Results.
    On September 17, 2004, the Department placed Egyptian import 
statistics on the record from the Egyptian Central Agency for Public 
Mobilization and Statistics (CAPMAS), the Egyptian government's 
official

[[Page 12652]]

statistical agency. On October 8, 2004, the International Steel Group, 
Inc. (ISG) and Sidex submitted proposed surrogate values. On October 
18, 2004, ISG submitted publicly available factors data to rebut, 
clarify or correct the surrogate value information filed by Sidex on 
October 8, 2004. On October 28, 2004, Sidex filed a letter stating that 
it inadvertently bracketed page 3 of Exhibit 16 of its October 8, 2004, 
surrogate value submission and it filed this page without brackets.
    We invited parties to comment on our Preliminary Results. We 
received case briefs from domestic interested parties IPSCO Steel Inc. 
(IPSCO) on October 7, 2004. Also, we received case briefs from domestic 
interested party ISG and respondent Sidex on October 18, 2004. We 
received rebuttal briefs from IPSCO and Sidex (and Sidex's U.S. 
affiliate Ispat North America, Inc.) on October 25, 2004. No interested 
party requested a hearing.
    On January 5, 2005, we invited comments from interested parties on 
the calculation of the ``all others'' rate and the calculation of the 
cash deposit for the exporter and producer. On January 11, 2005, we 
received comments from Sidex, IPSCO, and Nucor on the cash deposit 
rates and the ``all others'' rate. On January 14, 2005, we received 
rebuttal comments from Nucor and IPSCO to Sidex's comments.
    On January 11, 2005, the Department published in the Federal 
Register a notice extending the final results of the administrative 
review of the antidumping duty order on certain cut-to-length carbon 
steel plate from Romania by 30 days until no later than February 4, 
2005. See Notice of Extension of Time Limit for the Final Results of 
Antidumping Duty Administrative Review: Certain Cut-to-Length Carbon 
Steel Plate From Romania, 70 FR 1867 (January 11, 2005).
    On January 31, 2005, ISG, the only interested party which requested 
this review, withdrew its request for review with respect to Sidex and 
MEI but not with respect to CSR and MINMET. Also, on January 31, 2005, 
Sidex requested that the Department rescind the administrative review 
of Sidex and MEI. On February 1, 2005, and February 2, 2005, IPSCO and 
Nucor, respectively, none of which requested this review, stated that 
the Department should deny ISG's and Sidex's request to rescind this 
administrative review. On February 2, 2005, Sidex rebutted IPSCO's 
February 1, 2005, comments.
    On February 11, 2005, the Department published in the Federal 
Register a notice extending the final results of the administrative 
review of the antidumping duty order on certain cut-to-length carbon 
steel plate from Romania by 30 days until no later than March 7, 2005. 
See Notice of Extension of Time Limit for the Final Results of 
Antidumping Duty Administrative Review: Certain Cut-to-Length Carbon 
Steel Plate From Romania, 70 FR 7232 (February 11, 2005).
    On February 7, 2005, the Department requested comments on whether 
it is appropriate for the Department to rescind this review. On 
February 16, 2005, we received comments from Sidex, IPSCO, Nucor, U.S. 
Steel and the United Steelworkers of America (``USWA''). We received no 
comments from ISG. On February 22, 2005, we received rebuttals comments 
from Sidex, IPSCO, Nucor, and U.S. Steel. For a summarization of the 
comments and the Department's position on this issue, please see 
Comment 15 of the Department's ``Issues and Memorandum'' from Barbara 
E. Tillman, Acting Deputy Assistant Secretary, Import Administration, 
to Joseph A. Spetrini, Acting Assistant Secretary, Import 
Administration, dated March 7, 2005 (``Decision Memorandum'').

Partial Rescission

    In our Preliminary Results, we announced our preliminary 
determination to rescind the administrative review with respect to CSR 
and MINMET because these companies had no entries of certain cut-to-
length carbon steel plate from Romania during the POR. See Preliminary 
Results. We have received no new information contradicting our 
preliminary intent to rescind. Because the record evidence indicates 
that CSR and MINMET did not have sales or shipments of subject 
merchandise during the POR, in accordance with 19 CFR 351.213(d)(3) and 
consistent with our practice, we are rescinding this review for CSR and 
MINMET. See e.g., Polychloroprene Rubber From Japan: Notice of 
Rescission of Antidumping Duty Administrative Review, 66 FR 45005 
(August 27, 2001).

Scope of the Order

    The products under the order include hot-rolled carbon steel 
universal mill plates (i.e., flat-rolled products rolled on four faces 
or in a closed box pass, of a width exceeding 150 millimeters but not 
exceeding 1,250 millimeters and of a thickness of not less than 4 
millimeters, not in coil 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 hot-rolled carbon steel flat-rolled products in 
straight lengths, 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 millimeters 
or more in thickness and of a width which exceeds 150 millimeters and 
measures at least twice the thickness, as currently classifiable in the 
HTS under item numbers 7208.31.0000, 7208.32.0000, 7208.33.1000, 
7208.33.5000, 7208.41.0000, 7208.42.0000, 7208.43.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.11.0000, 7211.12.0000, 7211.21.0000, 
7211.22.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 
7212.50.0000. Included in this review 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. Excluded from this 
review is grade X-70 plate. These HTS item numbers are provided for 
convenience and customs purposes. The written description remains 
dispositive.

Separate Rates

    MEI and Sidex have requested separate, company-specific antidumping 
duty rates in this review. In the Preliminary Results, we found that 
MEI and Sidex had met the criteria for the application of separate 
antidumping duty rates. See Preliminary Results. We have not received 
any other information since the preliminary results which would warrant 
reconsideration of our separate rates determination with respect to 
these companies. We therefore determine that MEI and Sidex should be 
assigned individual dumping margins in this administrative review.

Analysis of Comments Received

    The Department has received comments from Sidex and domestic 
interested parties ISG, USWA, Nucor, U.S. Steel, and IPSCO, all of 
which are addressed in the Decision Memorandum, which is hereby adopted 
by this notice. Attached to this notice as an Appendix is a list of the 
issues that the parties have raised and to which we have responded in 
the Decision Memorandum. 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

[[Page 12653]]

Department's Central Records Unit (``CRU''), located at 14th Street and 
Constitution Avenue, NW, Room B-099. In addition, a complete version of 
the Decision Memorandum can be accessed directly on the Import 
Administration website at http://ia.ita.doc.gov/ under the heading 
Federal Register Notices. 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 the 
following changes for the final results:
1. For inputs coking coal and iron ore pellets, we inadvertently did 
not include domestic freight costs in the Preliminary Results. For the 
final results, we have added domestic freight costs for these two 
inputs. See Decision Memorandum at Comment 8.
2. For methane gas, we are using a different surrogate value for the 
final results. For coke gas and furnace gas, we are now using the BTU 
heat content methodology. See Decision Memorandum at Comments 5 and 6.
3. We are using more contemporaneous POR-specific data from Egypt for 
the following factors: (1) Manganese ore; (2) iron scrap; (3) aluminum; 
(4) lime; (5) injected coal powder; (6) ammonium sulfate; and (7) crude 
benzene. See Decision Memorandum at Comment 11.
4. In September 2004, the Department issued updated wage rates based on 
2002 income data. As a result of these updated wage rates for selected 
NME countries, the hourly wage rate for Romania increased to $1.33. 
Because this wage rate is more contemporaneous than the wage rate used 
in our Preliminary Results, the Department is using this updated wage 
rate for the final results. See also http://www.ia.ita.doc.gov.
5. We are now using Alexandria National Iron and Steel Co.'s financial 
statement for our financial ratios, with an adjustment to include non-
depreciation overhead from PT Jaya Pari Steel Tbk. (``Jaya Pari'') for 
the final results. See Decision Memorandum at Comment 10. The updated 
financial ratios are as follows:
    28.64% = Factory Overhead Ratio (includes non-depreciation overhead 
ratio from Jaya Pari)
    18.96% = SG&A Ratio (includes interest expenses)
    0.79% = Profit Ratio
    See Attachment 7 of the Department's Analysis Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of the 
Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate from 
Romania, dated March 7, 2005 (``Final Analysis Memorandum'') for these 
calculations.
6. We are not using Sidex's market economy purchases of iron ore powder 
from India because we have a reasonable basis to believe or suspect 
that the country benefits from broadly available non-industry specific 
export subsidies. As a result, we are also excluding all Indian export 
prices in our valuation of surrogate values, where applicable. See 
Decision Memorandum at Comment 4.

``All Others'' Rate

    As a result of Romania's transition from a non-market economy to a 
market economy, an issue arose in this administrative review regarding 
the calculation of an ``all others'' rate. For the discussion of the 
Department's decision regarding the all-others rate, see the 
accompanying Decision Memorandum at Comment 2.

Final Results of Review

    We note that although MEI was the exporter for all of Sidex's 
sales, because Sidex provided information that it had knowledge that 
the subject merchandise was destined for the United States, we have 
calculated a margin for both Sidex as the producer and MEI as the 
exporter. We determine that the following margin is the weighted-
average antidumping duty margin of all sales made in both the NME and 
ME portions of the POR.

----------------------------------------------------------------------------------------------------------------
                Manufacturer/Exporter                              POR                    Margin (percent)
----------------------------------------------------------------------------------------------------------------
Ispat Sidex,........................................          08/01/02 - 07/30/030                         13.50
Metalexportimport, S.A..............................           08/01/02 - 07/30/03                         13.50
----------------------------------------------------------------------------------------------------------------

    For details on the calculation of the antidumping duty weighted-
average margins for Sidex and MEI, see the Decision Memorandum and the 
Final Analysis Memorandum. A public version of the analysis memorandum 
is on file in the CRU.

Assessment Rates

    Pursuant to 19 CFR 351.212(b), the Department calculates an 
assessment rate for each importer of the subject merchandise. Upon 
issuance of the final results of this review, if any importer-specific 
assessment rates calculated in the final results are above de minimis 
(i.e., at or above 0.50 percent), the Department will issue 
appraisement instructions directly to the U.S. Customs and Border 
Protection (CBP) to assess antidumping duties on appropriate entries by 
applying the assessment rate to the entered value of the merchandise. 
For assessment purposes for MEI and Sidex, we calculated importer-
specific assessment rates for the subject merchandise by aggregating 
the dumping duties due for all U.S. sales to each importer and dividing 
the amount by the total quantity of the sales to that importer. We will 
direct CBP, within 15 days of publication of these final results of 
review, to assess the resulting rate, which is in dollars per metric 
ton, against the total quantity for the subject merchandise on each of 
MEI's and Sidex's importer's/customer's entries during the POR.

Cash-Deposit Requirements

    The following cash-deposit rates will be effective upon publication 
of the final results of this review for all shipments of certain cut-
to-length carbon steel plate from Romania entered, or withdrawn from 
warehouse, for consumption on or after publication date, as provided 
for by section 751(a)(2)(C) of the Act: (1) For subject merchandise 
exported by MEI or Sidex, the deposit rate will be the rate indicated 
above; (2) for previously reviewed or investigated companies not 
covered in this review, the cash deposit rate will continue to be the 
company-specific rate published for the most recent period; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original less than fair value (LTFV) investigation (see Final 
Determination of Sales at Less Than Fair Value: Certain Cut-to-Length 
Carbon Steel Plate from Romania, 58 FR 37209 (July 9, 1993)), but the 
manufacturer is, the cash deposit rate will be the rate established in 
the most recent period for the manufacturer of the merchandise; and, 
(4) if neither the exporter nor the manufacturer is a firm covered in 
this or any previous review conducted by the Department, the cash 
deposit rate will be 75.04 percent, which previously was the Romania-
wide rate. See the accompanying Decision Memorandum at Comment 2.
    These deposit requirements, when imposed, shall remain in effect 
until

[[Page 12654]]

publication of the final results of the next administrative review.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping duties 
prior to liquidation of the relevant entries during these review 
periods. Failure to comply with this requirement could result in the 
Secretary's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of double antidumping duties.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

APPENDIX

List of Comments and Issues in the Decision Memorandum

Comment 1: Cash Deposit Rates
Comment 2: ``All Others'' Rate
Comment 3: Export Prices as Surrogate Value
Comment 4: Use of Market Economy Price of Iron Ore Powder
Comment 5: Methane Gas Surrogate Value
Comment 6: Coke Gas and Furnace Gas Surrogate Values
Comment 7: Surrogate Value for Wooden Boards
Comment 8: Romania Domestic Freight Costs
Comment 9: Updated Surrogate Wage Data
Comment 10: Surrogate Financial Ratios
Comment 11: Aberrational Surrogate Values
Comment 12: Value of Recycled Iron Scrap
Comment 13: Offsetting for Negative Margins
Comment 14: Barge Surrogate Value
Comment 15: Whether to Rescind this Review
[FR Doc. E5-1127 Filed 3-14-05; 8:45 am]
Billing Code: 3510-DS-S