[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31425-31426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2770]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-549-818]


Notice of Rescission of Countervailing Duty Administrative 
Review: Certain Hot-Rolled Carbon Steel Flat Products from Thailand

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: In accordance with 19 CFR 351.213(b), the United States Steel 
Corporation (``petitioner'') submitted a timely request for an 
administrative review of the countervailing duty order on certain hot-
rolled carbon steel flat products from Thailand for Sahaviriya Steel 
Industries Public Company Limited (``SSI''), an exporter and producer 
of subject merchandise. SSI

[[Page 31426]]

also submitted a timely request for an administrative review. SSI's 
request for review requested that no review be conducted, or 
alternatively, if a review is conducted, SSI requested a deferral of 
administrative review in accordance with 19 CFR 351.213(c). The 
Department of Commerce (``the Department'') initiated an administrative 
review of this order covering the period January 1, 2003, through 
December 31, 2003. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Request for Revocation in Part, 70 FR 
4818 (January 31, 2005) (``Initiation Notice''). We are rescinding this 
administrative review because all requests have been withdrawn in 
accordance with 19 CFR 351.213(d)(1).

EFFECTIVE DATE: June 1, 2005.

FOR FURTHER INFORMATION CONTACT: Sean Carey at (202) 482-3964 or 
Addilyn Chams-Eddine at (202) 482-0648, AD/CVD Operations, Office 6, 
Import Administration, U.S. Department of Commerce, Room 7866, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On December 3, 2001, the Department published a countervailing duty 
order on certain hot-rolled carbon steel flat products from Thailand. 
See Notice of Countervailing Duty Orders: Certain Hot-Rolled Carbon 
Steel Flat Products from Thailand, 66 FR 60197 (December 3, 2001). On 
December 30, 2004, SSI requested that the Department not conduct an 
administrative review of the January 1, 2003, through December 31, 2003 
period of review (POR). According to SSI, there were no U.S. sales or 
shipments from Thailand of subject merchandise during the POR, and 
there was only one entry of subject merchandise during the POR. SSI 
further requested a deferral of the administrative review if the 
Department conducts an administrative review based on the one entry 
during the POR, in order to allow the Court of Appeals for the Federal 
Circuit to reach its final judgement regarding the U.S. Court of 
International Trade's de minimis determination in Royal Thai Gov't v. 
United States, 28 CIT, Slip Op. 04-124 (October 1, 2004).
    On January 3, 2005, petitioner requested an administrative review 
of subject merchandise, produced or exported by SSI during the POR. On 
January 19, 2005, petitioner submitted an objection to SSI's request 
for a deferral of the administrative review under section 
351.213(c)(ii) of the Department's regulations. Petitioner's objection 
was timely filed on January 19, 2005, because they had requested a one-
day extension for filing the deferral objection on January 18, 2005, 
since the Department had closed prior to 5:00 p.m. due to an emergency 
situation which prevented the Department from accepting filings.
    In accordance with 19 CFR 351.221(c)(1)(i)), we published a notice 
of initiation of the review on January 31, 2005. See Initiation Notice. 
On April 26, 2005, petitioner and SSI withdrew their requests for 
review.

Rescission of Countervailing Duty Administrative Review

    Section 351.213(d)(1) of the Department's regulations provide that 
the Department will rescind an administrative review if a party that 
requested a review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. 
Petitioner and SSI were the only parties to request a review and both 
parties withdrew their request for an administrative review on April 
26, 2005, which is within the 90-day deadline. The Department is 
therefore rescinding this administrative review for the period January 
1, 2003, through December 31, 2003, in accordance with 19 CFR 
351.213(d)(1). The Department will issue appropriate assessment 
instructions directly to U.S. Customs and Border Protection (CBP) 
within 15 days of publication of this notice. The Department will 
direct CBP to assess countervailing duties for all entries of subject 
merchandise, including those produced or exported by SSI, at the cash 
deposit rate in effect on the date of entry for entries made during the 
period January 1, 2003, through December 31, 2003.
    This rescission and notice are issued and published in accordance 
with 19 CFR 351.213(d)(4) and sections 751(a)(1) and 777(i)(1) of the 
Tariff Act of 1930, as amended.

    Dated: May 25, 2005.
Holly A. Kuga,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-2770 Filed 5-31-05; 8:45 am]
BILLING CODE 3510-DS-S