[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Notices]
[Pages 75231-75233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21326]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-428-816)


Certain Cut-to-Length Carbon Steel Plate from Germany: Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 11, 2006, the Department of Commerce (the 
Department) published the preliminary results of the antidumping (AD) 
administrative review on certain cut-to-length carbon steel plate (CTL 
Plate) from Germany. The period of review (POR) is August 1, 2004, 
through July 31, 2005. See Certain Cut-to-Length Carbon Steel Plate 
from Germany: Notice of Preliminary Results of Antidumping Duty 
Administrative Review, 71 FR 53382 (September 11, 2006) (Preliminary 
Results). This review covers AG der Dillinger Huttenwerke, manufacturer 
of the subject merchandise, and its U.S. affiliate, Arcelor 
International America, LLC (AIA) (collectively, Dillinger).
    Though Dillinger submitted comments, they did not warrant 
reconsideration of our preliminary results; therefore, our final 
results remain unchanged from our preliminary results. The final 
results are listed in the section Final Results of Review below.

[[Page 75232]]


EFFECTIVE DATE: December 14, 2006

FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Dennis McClure, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3692 or (202) 482-5973, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 11, 2006, the Department published the preliminary 
results of the administrative review of the AD order on CTL Plate from 
Germany. See Preliminary Results, 71 FR 53382. This review covers 
imports of CTL Plate from Dillinger during the POR, August 1, 2004, 
through July 31, 2005. We invited interested parties to comment on the 
Preliminary Results.
    On October 11, 2006, Dillinger commented that the Department should 
not make any changes to its Preliminary Results, and that the 
Department should continue to calculate a de minimis margin in the 
final. Alternatively, Dillinger stated that if the Department does make 
any adjustments that would increase the dumping margin above de 
minimis, then the Department should consider a list of suggestions or 
issues that Dillinger set forth. The petitioners did not comment on the 
Preliminary Results. Because the Department is not changing its 
preliminary results, we have not addressed Dillinger's alternative 
suggestions.

Scope of the Order

    This order covers 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 
coils 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 Harmonized Tariff 
Schedule of the United States (HTSUS) under item numbers 7208.40.3030, 
7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 
7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 
7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
7212.50.0000. Included in the order are flat-rolled products of non-
rectangular 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 beveled 
or rounded at the edges. Excluded from this order is grade X-70 plate. 
Also excluded is certain carbon cut-to-length steel plate with a 
maximum thickness of 80 mm in steel grades BS 7191, 355 EM, and 355 
EMZ, as amended by Sable Offshore Energy Project specification XB MOO Y 
15 0001 types 1 and 2.
    These HTSUS item numbers are provided for convenience and customs 
purposes. The written descriptions remain dispositive.

Final Results of Review

    As noted above, there have been no changes from the Preliminary 
Results, therefore, we are not attaching a Decision Memorandum to this 
Federal Register notice. For further details of the issues addressed in 
this proceeding, see the Preliminary Results.
    As a result of this review, we find that the following weighted-
average dumping margin exists:

------------------------------------------------------------------------
                                                       Weighted-Average
                Producer/Manufacturer                       Margin
------------------------------------------------------------------------
Dillinger...........................................        0.16[percnt]
                                                      (i.e., de minimis)
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries, 
pursuant to section 751(a)(1)(B) of the Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.212(b). The Department calculated importer-
specific duty assessment rates on the basis of the ratio of the total 
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 intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the POR produced by Dillinger where 
Dillinger did not know its merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    Furthermore, the following deposit requirements will be effective 
upon publication of the final results of this administrative review for 
all shipments of CTL Plate from Germany 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 Act: (1) for the 
company covered by this review, the cash deposit rate will be zero; (2) 
for merchandise exported by producers or exporters not covered in this 
review, but covered in the investigation, the cash deposit rate will 
continue to be the company-specific rate established in the final 
determination; (3) if the exporter is not a firm covered in this review 
or the less-than-fair-value investigation, but the producer is, the 
cash deposit rate will be the rate established for the producer of the 
subject merchandise for the most recent period; and (4) if neither the 
exporter nor the producer is a firm covered in this review or the less-
than-fair-value investigation, the cash deposit rate will be 36.00 
percent, the ``All Others'' rate established in the less-than-fair-
value investigation. See Antidumping Duty Orders and Amendments to 
Final Determinations of Sales at Less Than Fair Value: Certain Hot-
Rolled Carbon Steel Flat Products, Certain Cold-Rolled Carbon Steel 
Flat Products, Certain Corrosion-Resistant Carbon Steel Flat Products, 
and Certain Cut-to-Length Carbon Steel Plate From Germany, 58 FR 44170 
(August 19, 1993). These deposit requirements shall remain in effect 
until publication of the final results of the next administrative 
review.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402 (f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries

[[Page 75233]]

during this review period. Failure to comply with this requirement 
could result in the presumption that reimbursement of antidumping and/
or countervailing duties occurred and the subsequent increase in 
antidumping duties by the amount of antidumping and/or countervailing 
duties reimbursed.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) 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 terms of an APO is a violation that is subject 
to sanction.
    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, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-21326 Filed 12-13-06; 8:45 am]
BILLING CODE 3510-DS-S