[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Notices]
[Pages 54640-54642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18991]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-824]


Implementation of the Findings of the WTO Panel in US-Zeroing 
(EC); Notice of Determination Under Section 129 of the Uruguay Round 
Agreements Act: Antidumping Duty Order on Stainless Steel Sheet and 
Strip in Coils From Italy

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 31, 2007, the U.S. Trade Representative instructed 
the Department of Commerce (the Department) to implement the 
Department's findings under section 129 of the Uruguay Round Agreements 
Act (URAA) regarding the offsetting of dumped sales with non-dumped 
sales in the above-referenced investigation involving average-to-
average transactions. The Department issued its finding on August 20, 
2007, for stainless steel sheet and strip in coils from Italy (Italy 
SSSS) for ThyssenKrupp Acciai Speciali Terni S.P.A. and ThyssenKrupp 
AST USA, Inc. (collectively ``TKAST'').\1\ The Department hereby 
implements that finding.
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    \1\ On April 30, 2007, the Department implemented the findings 
of the World Trade Organization (WTO) with respect to eleven 
investigations challenged by the European Communities. For the 
reasons detailed below, the final determination for stainless steel 
sheet and strip in coils from Italy was not included in the April 
30, 2007, final determinations. See Implementation of the Findings 
of the WTO Panel in US-Zeroing (EC): Notice of Determinations Under 
Section 129 of the Uruguay Round Agreements Act and Revocations and 
Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261 
(May 4, 2007) (Implementation Notice).

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DATES: The effective date of this determination is August 31, 2007.

FOR FURTHER INFORMATION CONTACT: Daniel O'Brien, William Kovatch, or 
Michael Rill, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-
1376, (202) 482-5052, or (202) 482-3058, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 54641]]

Background

    On February 22, 2007, the Department initiated twelve proceedings 
under section 129 of the URAA to implement the WTO dispute settlement 
panel's report in United States--Laws, Regulations and Methodology for 
Calculating Dumping Margins (``Zeroing'') (WT/DS294). See 
Implementation of the Findings of the WTO Panel in U.S. Zeroing (EC): 
Notice of Initiation of Proceedings Under Section 129 of the URAA; 
Opportunity to Request Administrative Protective Orders; and Proposed 
Timetable and Procedures, 72 FR 9306 (March 1, 2007). In each 
proceeding, the Department recalculated the weighted-average dumping 
margin, applying the calculation methodology described in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin During 
an Antidumping Investigation; Final Modification, 71 FR 77722 (December 
27, 2006).
    On February 26, 2007, the Department issued its preliminary 
determinations and requested comments. See Memorandum from Stephen J. 
Claeys, Deputy Assistant Secretary, to David M. Spooner, Assistant 
Secretary, Regarding Section 129 Determinations: Calculation of the 
Weighted-Average Margins dated February 26, 2007 (Preliminary 
Determination). TKAST, Allegheny Ludlum Corporation, Armco Inc., J&L 
Specialty Steel, Inc., Washington Steel Division of Bethlehem Steel 
Corporation, the United Steelworkers of America, AFL-CIO/CLC, the 
Butler Armco Independent Union, and the Zanesville Armco Independent 
Organization, Inc., (collectively, ``petitioners'') and the European 
Union submitted case briefs with respect to Italy SSSS. TKAST and 
petitioners submitted rebuttal briefs. In its comments to the 
Department, TKAST alleged clerical errors in the Department's margin 
calculation in the less-than-fair-value investigation and Preliminary 
Determination. Because of these allegations, we placed the original 
less-than-fair-value investigation record onto the record of this 129 
proceeding and invited interested parties to provide comments on 
computational errors that may have been present in the Department's 
recalculation of the weighted-average dumping margin with respect to 
TKAST. See the Department's Memo to the File from Angelica Mendoza, 
Program Manager, and Stephen Bailey, Case Analyst, through Richard 
Weible, Office Director, AD/CVD Operations/OFC 7, to the File, titled 
Placement of Record from the Less-Than-Fair-Value Investigation onto 
the Record of the Section 129 Determination, dated April 19, 2007. The 
Department also held two public hearings at the request of TKAST. 
Because of the two hearings, and the placement of the original less-
than-fair-value investigation record onto the record of this 129 
proceeding, the Department was delayed in issuing its final 
determination with respect to Italy SSSS.
    On August 20, 2007, the Department issued its final results for the 
Section 129 Determination with respect to Italy SSSS. See the 
Department's Memo to David M. Spooner, Assistant Secretary for Import 
Administration from Gary Taverman, Acting Deputy Assistant Secretary 
for Import Administration, titled Issues and Decision Memorandum for 
the Final Results of the Section 129 Determination, dated August 20, 
2007 (Issues and Decision Memorandum). On August 28, 2007, TKAST 
submitted an allegation of ministerial errors and on August 31, 2007, 
petitioners filed their response to TKAST's ministerial error 
submission. The Department intends to address all ministerial error 
comments in a subsequent memorandum.
    On August 24, and August 28, 2007, consistent with section 
129(b)(3) of the URAA, the U.S. Trade Representative held consultations 
with the Department and the appropriate congressional committees with 
respect to this determination. On August 31, 2007, in accordance with 
sections 129(b)(4) and 129(c)(1)(B) of the URAA, the U.S. Trade 
Representative directed the Department to implement this determination.

Nature of the Proceedings

    Section 129 of the URAA governs the nature and effect of 
determinations issued by the Department to implement findings by WTO 
dispute settlement panels and the Appellate Body. Specifically, section 
129(b)(2) provides that ``notwithstanding any provision of the Tariff 
Act of 1930,'' within 180 days of a written request from the U.S. Trade 
Representative, the Department shall issue a determination that would 
render its actions not inconsistent with an adverse finding of a WTO 
panel or the Appellate Body. See 19 U.S.C. 3538(b)(2). The Statement of 
Administrative Action accompanying the Uruguay Round Agreements Act, 
H.R. Rep. No. 103-316, Vol. 1, 103d Cong. (1994) (SAA), reprinted in 
1994 U.S.C.C.A.N. 4040, variously refers to such a determination by the 
Department as a ``new,'' ``second,'' and ``different'' determination. 
See SAA at 1025, 1027; 19 U.S.C.C.A.N. at 4313-14. After consulting 
with the Department and the appropriate congressional committees, the 
U.S. Trade Representative may direct the Department to implement, in 
whole or in part, the new determination made under section 129.
    See 19 U.S.C. 3538(b)(4). Pursuant to section 129(c), the new 
determination shall apply with respect to unliquidated entries of the 
subject merchandise that are entered, or withdrawn from warehouse, for 
consumption on or after the date on which the U.S. Trade Representative 
directs the Department to implement the new determination. See 19 
U.S.C. 3538(c). The new determination is subject to judicial review 
separate and apart from judicial review of the Department's original 
determination. See 19 U.S.C. 1516a(a)(2)(B)(vii).

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs submitted by 
interested parties to this proceeding are addressed in the Issues and 
Decision Memorandum, which is hereby adopted by this notice. The Issues 
and Decision Memorandum is on file in the Central Records Unit (CRU), 
room B-099 of the Department of Commerce main building and can be 
accessed directly at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Issues and Decision Memorandum are identical 
in content. A list of the issues addressed in the Issues and Decision 
Memorandum is appended to this notice.

Final Dumping Margins

    The margin for TKAST decreases from 11.23 percent to 2.11 percent. 
The all-others rate changes from 11.23 percent to 2.11 percent.

Cash Deposit and Continuation of the Suspension of Liquidation

    On August 31, 2007, in accordance with sections 129(b)(4) and 
129(c)(1)(B) of the URAA, the U.S. Trade Representative, after 
consulting with the Department and Congress, directed the Department to 
implement this determination.
    Therefore, we will instruct U.S. Customs and Border Protection 
(CBP) to continue to suspend liquidation of all entries of subject 
merchandise from all exporters or producers. CBP shall continue to 
require a cash deposit equal to the estimated amount by which the 
normal value exceeds the U.S. price. The suspension of liquidation 
instructions will remain in effect until further notice. The Section 
129 Determination all-others rate will be the new cash deposit rate for 
all exporters of subject merchandise for whom the Department has not 
calculated an

[[Page 54642]]

individual rate, which is 2.11 percent. The cash deposit rates will 
remain unchanged for those companies whose cash deposit rates since the 
original investigation have been superseded by administrative reviews.
    This Section 129 Determination is issued and published in 
accordance with section 129(c)(2)(A) of the URAA. See 19 U.S.C. 
3538(c)(2)(A).

    Dated: September 20, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.

Appendix I--Issues Raised in the Issues and Decision Memorandum

Comment 1: Clerical Error Allegations.
Comment 2: Whether the Department Has the Authority to Implement the 
WTO Appellate Body Decision.
Comment 3: The Court of International Trade Remand.

[FR Doc. E7-18991 Filed 9-25-07; 8:45 am]
BILLING CODE 3510-DS-P