[Federal Register Volume 71, Number 25 (Tuesday, February 7, 2006)]
[Notices]
[Pages 6265-6266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1634]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-812]


Carbon and Certain Alloy Steel Wire Rod from Ukraine: Notice of 
Rescission of Antidumping Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from JSC Kryvorizhstal, a Ukrainian 
producer of carbon and certain alloy steel wire rod, the Department of 
Commerce (the Department) initiated an administrative review of the 
antidumping duty order on carbon and certain alloy steel wire rod from 
Ukraine. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Deferral of Administrative Reviews, 70 FR 
72107 (December 1, 2005) (Initiation Notice). The period of review 
(POR) covers October 1, 2004, through September 30, 2005. We are now 
rescinding this review because the respondent has withdrawn its request 
within 90 days of the initiation and is the only party to have 
requested the review. The respondent indicated that it is withdrawing 
its request because it realized, in preparing a response to the 
Department's questionnaire, that it did not have any reviewable U.S. 
transactions during the POR.

EFFECTIVE DATE: February 7, 2006.

FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Christopher Riker, 
AD/CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Room 4003, Washington, DC 20230; telephone: 
(202) 482-1386 and (202) 482-3441, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published an antidumping order on carbon and certain 
alloy steel wire rod from Ukraine on October 29, 2002. See Notice of 
Antidumping Duty Orders: Carbon and Certain Alloy Steel Wire Rod from 
Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, 
67 FR 65945 (October 29, 2002). On October 3, 2005 the Department 
published a notice of ``Opportunity to Request Administrative Review'' 
of the antidumping duty order for the period of October 1, 2004 through 
September 30, 2005. See Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 70 FR 57558 (October 3, 2005). In accordance 
with 19 C.F.R. 351.213(b)(1), on October 28, 2005, respondent, JSC 
Kryvorizhstal, requested an administrative review of this order. In 
response to this request, the Department published the initiation of 
the antidumping duty administrative review on carbon and certain alloy 
steel wire rod from Ukraine on December 1, 2005. See Initiation Notice.
    On December 12, 2005, we issued an antidumping questionnaire to JSC 
Kryvorizhstal to which we did not receive a response. However, on 
January 10, 2006, JSC Kryvorizhstal notified the Department that it did 
not have any reviewable U.S. transactions during the POR, and requested 
that this review be suspended or terminated.
    See ``Letter from JSC Kryvorizhstal re: Request for Suspension or 
Termination of Review'' (January 10, 2006). If by requesting a 
``suspension,'' JSC Kryvorizhstal meant to request a ``deferral,'' 
pursuant to section 351.213(c) of the Department's regulations, we note 
that a deferral is not appropriate here, as a deferral may only be 
requested prior to initiation of a review. As this review has already 
been initiated, we cannot defer the review. We address JSC 
Kryvorizhstal's alternative request for a ``termination,'' below.

Rescission of the Administrative Review

    The Department's regulations at section 351.213(d)(1) provide that 
it will rescind an administrative review if the party that requested 
the review withdraws its request within 90 days of the date of 
publication of the notice of initiation of the requested review, or 
withdraws its request at a later date, if the Department determines 
that it is reasonable to extend the time limit for withdrawing the 
request. The respondent was the only party to request this review and 
properly withdrew its request, by requesting termination of the review, 
within the 90-day period. Accordingly, we are rescinding this 
administrative review.
    The Department will issue appropriate assessment instructions to 
U.S. Customs and Border Protection within 15 days of publication of 
this notice. This notice serves as a 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 the return or destruction of APO materials or

[[Page 6266]]

conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    This notice is issued and published in accordance with 19 CFR 
351.213(d)(4) and section 777(i)(1) of the Tariff Act of 1930, as 
amended.

    Dated: January 31, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-1634 Filed 2-6-06; 8:45 am]
BILLING CODE 3510-DS-S