[Federal Register Volume 70, Number 221 (Thursday, November 17, 2005)]
[Notices]
[Pages 69734-69735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6373]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-865]


Certain Hot-Rolled Carbon Steel Flat Products From the People's 
Republic of China; Notice of Amended Final Determination Pursuant to 
Court Decision

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

EFFECTIVE DATE: November 17, 2005.
SUMMARY: On March 15, 2005, the United States Court of International 
Trade (``CIT'') issued an order sustaining the Department of Commerce's 
(``the Department'') second remand determination of the Final 
Determination of Sales at Less Than Fair Value: Certain Hot Rolled 
Carbon Steel Flat Products from the People's Republic of China, 66 FR 
49632 (September 28, 2001) (``Final Determination''). See Anshan Iron & 
Steel Co. v. United States, 366 F. Supp. 2d 128 (CIT 2005). Because all 
litigation in this matter has now concluded, the Department is issuing 
its amended final determination in accordance with the CIT's decision.

FOR FURTHER INFORMATION CONTACT: Carrie Blozy, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-5403.

SUPPLEMENTARY INFORMATION:

[[Page 69735]]

Background

    On September 28, 2001, the Department published the Final 
Determination, covering the period of investigation (``POI'') April 1, 
2000 through September 30, 2000. On November 29, 2001, the antidumping 
duty order was published. See Notice of the Antidumping Duty Order: 
Certain Hot-Rolled Carbon Steel Flat Products From the People's 
Republic of China, 66 FR 59561 (November 29, 2001). Anshan Iron & Steel 
Company, Ltd., New Iron & Steel Company, Ltd., and Angang Group 
International Trade Corporation (collectively ``Anshan''), Benxi Iron & 
Steel Company, Ltd., Benxi Steel Plate Company, Ltd., and Benxi Iron & 
Steel Group International Economic and Trade Company Ltd. (collectively 
``Benxi''), and Shanghai Baosteel Group Corporation, Baosteel America, 
Inc., and Baosteel Group International Trade Corporation (``Baosteel'') 
(collectively ``Respondents'') contested various aspects of the Final 
Determination.
    On July 16, 2003, the CIT issued its opinion and remanded to the 
Department two issues in the Final Determination for reconsideration: 
(1) with respect to the Department's decision to assign surrogate 
values to Respondents' self-produced factors, the CIT ordered the 
Department to either provide an adequate explanation for its deviation 
from previous practice, or assign surrogate values to Respondents' 
inputs into its self-produced factors; and (2) with respect to the 
Department's decision not to treat defective hot-rolled sheet as a 
byproduct, the Court ordered the Department to adjust Baosteel's 
factors-of-production calculations by including defective sheet as 
merchandise under investigation. See Anshan Iron & Steel Co. v. United 
States, Slip Op. 03-83 (CIT 2003). Pursuant to the CIT's decision, the 
Department issued its remand. See Final Results of Redetermination 
Pursuant to Remand (November 7, 2003) (available at http://ia.ita.doc.gov). On September 22, 2004, the CIT issued its opinion 
regarding the Department's first remand, affirming in part and 
remanding in part the Department's results. The CIT ordered the 
Department: 1) to reopen the record in this case, admit the complete 
financial statements of the surrogate Indian producer, Tata Iron and 
Steel Co., Ltd. (``TATA''), and consider that information in its 
redetermination; and 2) reconsider its factors-of-production analysis 
by either providing an adequate explanation for its deviation from 
previous practice, or assigning surrogate values to Respondents' 
factors of production for their self-produced intermediate inputs. See 
Anshan Iron & Steel Company, Ltd. v. United States, 358 F. Supp. 2d. 
1236 (CIT 2004). The Department complied with the CIT's request and 
reopened the record to admit TATA's complete financial statement. Based 
on an analysis of this new information, the Department recalculated 
Respondents' normal value to assign surrogate values to each of the 
inputs used by Respondents to self-produce electricity, nitrogen, 
oxygen, and argon. On January 7, 2005, the Department filed its second 
remand results. See Final Results of Redetermination Pursuant to Remand 
(January 7, 2005) (available at http://ia.ita.doc.gov). On March 15, 
2005, the CIT sustained the Department's second remand results. See 
Anshan Iron & Steel Co. v. United States, 366 F. Supp. 2d 128 (CIT 
2005).

Amended Final Determination

    Because there is now a final and conclusive decision in the court 
proceeding, we are amending the Final Determination to reflect the 
results of the second remand determination. The recalculated margins 
are as follows:

------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/exporter                    average margin
                                                            (percent)
------------------------------------------------------------------------
Angang Group International Trade Corporation,..........          31.09
New Iron & Steel Co., Ltd.,............................
and Angang Group Hong Kong Co., Ltd....................
Benxi Iron & Steel Group International.................          57.19
Economic & Trade Co., Ltd.,............................
Bengang Steel Plates Co., Ltd.,........................
and Benxi Iron & Steel Group Co., Ltd..................
Shanghai Baosteel Group Corporation,...................          12.39
Baoshan Iron and Steel Co., Ltd.,......................
and Baosteel Group International Trade Corporation.....
------------------------------------------------------------------------

Cash Deposit Requirements

    The Department will direct United States Customs and Border 
Protection to require, on or after the date of publication of this 
notice in the Federal Register, the cash deposit rates listed above for 
the subject merchandise. These cash deposit requirements, when imposed, 
shall remain in effect until publication of the final results of an 
administrative review of this order.
    This notice is issued and published in accordance with sections 
735(d) and 777(i) of the Tariff Act of 1930, as amended.

    Dated: November 8, 2005.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-6373 Filed 11-16-05; 8:45 am]
BILLING CODE 3510-DS-S