[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Notices]
[Pages 63555-63557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22048]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-803]


Notice of Final Results of Antidumping Duty Administrative Review 
and Final Partial Rescission: Certain Cut-to-Length Carbon Steel Plate 
from Romania

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 5, 2007, the Department of Commerce (``the 
Department'') published the preliminary results of the administrative 
review of the antidumping duty order on certain cut-to-length carbon 
steel plate (``cut-to-length plate'') from Romania. The review covers 
Mittal Steel Galati, S.A. (``MS Galati'') a Romanian producer/exporter 
of the subject merchandise. This administrative review also covers 
Metalexportimport SA (``MEI''), an unaffiliated exporter that was not 
involved with any of the U.S. sales during the period of review and for 
which the Department is rescinding this review. The period of review is 
August 1, 2005, through December 14, 2005.\1\
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    \1\ Since the effective date of revocation is December 15, 2005, 
the POR is August 1, 2005, through December 14, 2005.

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DATES: Effective Dates: November 9, 2007.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or John Drury, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-3362 or (202) 
482-0195, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 14, 2006, the International Trade Commission determined 
that revocation of the antidumping duty orders on cut-to-length plate 
from certain countries, including Romania, would not likely lead to 
continuation or recurrence of material injury to an industry in the 
United States. See Certain Carbon Steel Products From Australia, 
Belgium, Brazil, Canada, Finland, France, Germany, Japan, Korea, 
Mexico, Poland, Romania, Spain, Sweden, Taiwan, and the United Kingdom, 
72 FR 4529 (January 31, 2007) and USITC Publication 3899 entitled 
Certain Carbon Steel Products from Australia, Belgium, Brazil, Canada, 
Finland, France, Germany, Japan, Korea, Mexico, Poland, Romania, Spain, 
Sweden, Taiwan, and the United Kingdom: Investigation Nos. AA1921-197 
(Second Review); 701-TA-319, 320, 325-327, 348, and 350 (Second 
Review); and 731-TA-573, 574, 576, 578, 582-587, 612, and 614-618 
(Second Review) (January 2007). Pursuant to sections 751(c) and 751(d) 
of the Tariff Act of 1930, as amended (``the Act''), the Department 
revoked the antidumping duty order on cut-to-length plate from Romania. 
See Revocation Pursuant to Second Five-Year (Sunset) Reviews: 
Countervailing Duty Orders on Certain Steel Products from Belgium, 
Brazil, Mexico, Spain and Sweden; Antidumping Duty Orders on Certain 
Cut-to-Length Carbon Steel Plate from Belgium, Brazil, Finland, 
Germany, Mexico, Poland, Romania, Spain, Sweden, and the United 
Kingdom; Antidumping Finding on Carbon Steel Plate from Taiwan, 72 FR 
6519 (February 12, 2007) (``Revocation of Plate from Romania''). The 
Department stated in the Revocation of Plate from Romania that it will 
complete any pending administrative reviews of these orders and will 
conduct administrative reviews of subject merchandise entered prior to 
the effective date of revocation in response to appropriately filed 
requests for review. Pursuant to section 751(d)(2) of the Act and 19 
CFR 351.222(i)(2)(i), the effective date of revocation is December 15, 
2005. As a result, the Department is completing the instant review of 
cut-to-length plate from Romania.
    On July 5, 2007, the Department published the preliminary results 
of the administrative review of the antidumping duty order on cut-to-
length plate from Romania. See Certain Cut-to-Length Carbon Steel Plate 
from Romania: Preliminary Results of the Antidumping Duty 
Administrative Review and Intent to Rescind in Part, 72 FR 36658 (July 
5, 2007) (``Preliminary Results''). We invited interested parties to 
comment on the Preliminary Results.
    On August 7, 2007, we received a case brief from MS Galati. We did 
not receive any case or rebuttal briefs from the domestic interested 
party IPSCO Steel

[[Page 63556]]

Inc. (``IPSCO'') or petitioner Nucor Corporation (``Nucor''). No 
interested parties requested a public hearing in this review.

Final Partial Rescission

    We preliminarily determined to rescind the review with respect to 
MEI, MS Galati's unaffiliated exporter, because MS Galati stated on the 
record that MEI did not serve as an exporter for any of MS Galati's 
U.S. sales during the POR, and there were no identifiable entries of 
cut-to-length plate during the POR manufactured or exported by MEI, 
according to the Department's U.S. Customs and Border Protection 
(``CBP'') data inquiry. See Preliminary Results. Additionally, in the 
previous antidumping duty administrative review of cut-to-length plate 
from Romania, covering the period August 1, 2004, through July 31, 
2005, the Department found that (a) MEI is not a producer of subject 
merchandise, (b) MEI does not take title to the merchandise which MS 
Galati exports through MEI, and (c) MS Galati has knowledge of the 
destination of its subject merchandise exports. See Notice of Final 
Results of Antidumping Duty Administrative Review and Final Partial 
Rescission: Certain Cut-to-Length Carbon Steel Plate from Romania. 72 
FR 6522 (February 12, 2007). No parties commented on this issue. 
Therefore, we have received no new information or evidence of changed 
circumstances that would cause the Department to reconsider that 
determination. Thus, we are finally rescinding the administrative 
review with respect to MEI.

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 coil 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 under this 
review are flat-rolled products of nonrectangular 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 bevelled or rounded at the edges. Excluded 
from this review is grade X-70 plate. These HTSUS item numbers are 
provided for convenience and customs purposes. The written description 
remains dispositive.

Analysis of Comments Received

    The issues raised in the case brief by the respondent to this 
administrative review are addressed in the Issues and Decision 
Memorandum to David M. Spooner, Assistant Secretary for Import 
Administration, from Stephen Claeys, Deputy Assistant Secretary 
(``Decision Memorandum''), which is hereby adopted by this notice. A 
list of the issues addressed in the Decision Memorandum is appended to 
this notice. The Decision Memorandum is on file in the Central Records 
Unit in Room B-099 of the main Commerce building, and can also be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Final Results of Review:

    As a result of our review, we determine that the following margin 
exists for the period of August 1, 2005, through December 14, 2005:

                             ProducerMargin
------------------------------------------------------------------------
                                                               Percent
------------------------------------------------------------------------
Mittal Steel Galati S.A....................................         0.61
------------------------------------------------------------------------

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries, pursuant to section 751(a)(1)(B) of 
the Act and 19 CFR 351.212(b). The Department will direct CPB to 
liquidate any entries manufactured by MS Galati, and entered or 
withdrawn from warehouse for consumption during the POR, at the rate 
above. We intend 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. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(``Assessment Policy Notice''). This clarification will apply to 
entries of subject merchandise during the POR produced by companies 
included in these final results of review for which the reviewed 
companies did not know that the merchandise they sold to the 
intermediary (e.g., a reseller, trading company, or exporter) 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 intermediary involved in the transaction. See 
Assessment Policy Notice for a full discussion of this clarification.

Cash Deposit Requirements

    The Department notified CBP to discontinue suspension of 
liquidation and collection of cash deposits on entries of the subject 
merchandise entered or withdrawn from warehouse on or after December 
15, 2005, the effective date of revocation of the antidumping duty 
order.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 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 double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) 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.
    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.


[[Page 63557]]


    Dated: November 2, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I--List of Issues in the Decision Memorandum

    Issue I. Constructed Export Price Profit Calculation.
    Issue II. Freight Revenue and Inland Freight Expenses.

[FR Doc. E7-22048 Filed 11-8-07; 8:45 am]
BILLING CODE 3510-DS-P