[Federal Register Volume 71, Number 242 (Monday, December 18, 2006)]
[Notices]
[Pages 75710-75711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21521]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-849


Cut-to-Length Carbon Steel Plate from the People's Republic of 
China: Final Results and Final Partial Rescission of Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 10, 2006, the Department of Commerce 
(``Department'') published in the Federal Register its preliminary 
results in the administrative review of the antidumping duty order on 
cut-to-length carbon steel plate (``CTL plate'') from the People's 
Republic of China (``PRC'') for the period November 1, 2004, through 
October 31, 2005. See Cut-to-Length Carbon Steel Plate from the 
People's Republic of China: Notice of Rescission, In Part, and 
Preliminary Results of Antidumping Duty Administrative Review, 71 FR 
45768 (August 10, 2006) (``Preliminary Results''). Based upon our 
analysis of the comments received, as well as the hearing conducted, in 
this review, the Department continues to find that application of 
adverse facts available (``AFA'') is warranted with respect to China 
Metallurgical Import & Export Liaoning Company (``Liaoning Company''). 
The Department is also rescinding the administrative review with 
respect to Angang New Steel Co., Ltd. and Angang Group Hong Kong Co., 
Limited (collectively ``Angang''), as its request for review was timely 
withdrawn in accordance with 19 CFR 351.213(d)(1).

EFFECTIVE DATE: December 18, 2006.

FOR FURTHER INFORMATION CONTACT: Juanita H. Chen or Blanche Ziv, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW, Washington, DC 20230; telephone: 202-482-1904 or 202-482-4207, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 22, 2005, the Department published a notice of 
initiation of this administrative review of the antidumping order on 
CTL plate from the PRC for the period November 1, 2004, through October 
31, 2005, covering Liaoning Company and Angang. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Request 
for Revocation in Part, 70 FR 76024 (December 22, 2005). On August 10, 
2006, the Department published its Preliminary Results in this 
administrative review, preliminarily applying AFA to Liaoning Company 
and preliminarily rescinding the review of Angang. In the Preliminary 
Results, the Department also provided interested parties an opportunity 
to comment and request a hearing on the Preliminary Results. On 
September 11, 2006, importer Marubeni-Itochu Steel America Inc. 
(``MISA'') filed a notice of appearance in the proceeding, submitted a 
case brief and requested a hearing. On September 18, 2006, the 
Department received rebuttal briefs from petitioner Nucor Corporation 
and interested party domestic producer IPSCO Steel Inc. The Department 
held a public hearing on October 26, 2006. See transcript ``In the 
Matter of: Cut to Length Carbon Steel Plate from the Peoples Republic 
of China'' (October 26, 2006).

Period of Review

    The period of review (``POR'') is November 1, 2004, through October 
31, 2005.

Scope of the Order

    The products covered by this 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 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, and 7212.50.0000. Included in this 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 from this order 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. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope is dispositive.

Partial Rescission of Review

    In the Preliminary Results, the Department preliminarily rescinded 
the review with respect to Angang, which timely withdrew its request 
for administrative review within the extended time limit granted by the 
Department. On May 15, 2006, notwithstanding its withdrawal of its 
request for review, Angang filed a letter to the Department requesting 
that the Department issue specific liquidation instructions on one of 
its shipments made during the POR. Since the issuance of the 
Preliminary Results, no party has demonstrated that the review should 
not be rescinded with respect to Angang. Pursuant to 19 C.F.R. 
351.213(d)(1), the Department ``will rescind an administrative review'' 
if the review request is withdrawn in a timely manner and no other 
party requested a review. Accordingly, as Angang's withdrawal was 
timely and no other party requested a review for Angang, we are 
rescinding this administrative review with respect to Angang.

Analysis of Comments Received

    On September 11, 2006, importer MISA requested a hearing on the 
Department's decision not to issue liquidation instructions as 
requested by Angang. The issue raised in the case and rebuttal briefs 
by parties to this proceeding and to which we have responded is 
addressed in the Issue and Decision Memorandum to David M. Spooner, 
Assistant Secretary for Import

[[Page 75711]]

Administration, from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration, dated December 8, 2006, which is adopted herein, 
by reference (``Issue and Decision Memorandum''). The Issue and 
Decision Memorandum is on file in the Central Records Unit, room B-099 
of the Herbert C. Hoover Building and may be accessed on the Web at 
http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic 
version of the Issue and Decision Memorandum are identical in content.

Changes Since The Preliminary Results

    Based on our analysis of the comments received, the Department has 
made no changes to the Preliminary Results.

Facts Available

    In the Preliminary Results, the Department found that Liaoning 
Company did not demonstrate that it was entitled to a separate rate 
because the information it provided was incomplete and unreliable. For 
these final results, the Department continues to find that, because 
Liaoning Company did not demonstrate its eligibility for separate-rate 
status, it is part of the PRC-wide entity. In the Preliminary Results, 
the Department based the margin for the PRC-wide entity, including 
Liaoning Company, on total AFA based on the PRC-wide entity's failure 
to cooperate by not acting to the best of its ability in providing the 
requested information. See Preliminary Results, 71 FR 45768, 45770-
45771 (August 10, 2006).
    The Department continues to find, in accordance with section 776(a) 
of the Tariff Act of 1930, as amended (``Act''), that it is appropriate 
to continue to apply total AFA to the PRC-wide entity, including 
Liaoning Company, as it failed to provide the requested information. 
For these final results, we continue to find that as AFA, the prior 
PRC-wide entity rate of 128.59 percent continues to be appropriate.
    A complete explanation of the selection, corroboration, and 
application of the AFA rate can be found in the Preliminary Results. 
See Preliminary Results, 71 FR 45768. The Department did not receive 
comments with regard to its preliminary findings for Liaoning Company 
as part of the PRC-wide entity. Further, no information was submitted 
since the Preliminary Results that calls into question the reliability 
of the Department's selection, corroboration, and application of AFA in 
this review. Accordingly, for the final results, we continue to apply 
AFA as noted above and in our Preliminary Results.

Final Results of Review

    As a result of this review, the Department determines that the 
weighted-average dumping margin of 128.59 percent exists for the PRC-
wide entity, which includes Liaoning Company, for the period November 
1, 2004, through October 31, 2005.

Cash Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of these final results of administrative review for all 
shipments of CTL plate from the PRC entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) for previously 
investigated or reviewed PRC and non-PRC exporters not subject to this 
review that have separate rates, the cash-deposit rate will continue to 
be the exporter-specific rate published for the most recent proceeding; 
(2) for all other PRC exporters, including Liaoning Company, the cash-
deposit rate will be 128.59 percent (i.e. the PRC-wide rate); and (3) 
for all other non-PRC exporters, the cash-deposit rate will be the rate 
applicable to the PRC exporter that supplied that exporter. These cash 
deposit requirements, when imposed, shall remain in effect until 
publication of the final results of the next administrative review.

Assessment Rates

    The Department intends to issue assessment instructions directly to 
U.S. Customs and Border Protection (``CBP'') 15 days after the date of 
publication of these final results of administrative review. Because 
Liaoning Company is part of the PRC-wide entity, the Department will 
instruct CBP to liquidate its entries of subject merchandise at 128.59 
percent, the PRC-wide rate.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 C.F.R. 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 C.F.R. 351.305, which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 which is subject to sanction.
    We are issuing and publishing these final results of administrative 
review in accordance with ections 751(a)(1) and 777(i)(1) of the Act, 
as well as 19 C.F.R. 351.221(b)(4) and 19 C.F.R. 51.213(d)(4).

    Dated: December 8, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-21521 Filed 12-15-06; 8:45 am]
BILLING CODE 3510-DS-S