[Federal Register Volume 73, Number 13 (Friday, January 18, 2008)]
[Notices]
[Page 3452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-898]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-803]


Certain Cut-to-Length Carbon Steel Plate From Romania: Amended 
Final Results of Antidumping Duty Administrative Review Pursuant to 
Final Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 7, 2007, the United States Court of International 
Trade (CIT) affirmed the final remand results made by the Department of 
Commerce (the Department) pursuant to the CIT's remand of the final 
results of the antidumping duty administrative review of the 
antidumping order on certain cut-to-length carbon steel plate from 
Romania. See Mittal Steel Galati S.A., Formerly Known as Ispat Sidex 
S.A. v. United States, Slip Op. 07-110 (CIT July 18, 2007) (Mittal 
Steel). As the CIT's decision affirming the final remand results was 
not appealed to the Court of Appeals for the Federal Circuit, the CIT's 
decision is final, and we are amending the final results of the review 
in this matter. We will instruct U.S. Customs and Border Protection 
(CBP) to liquidate entries subject to these amended final results.

DATES: Effective Date: January 18, 2008.

FOR FURTHER INFORMATION: John Drury or Angelica Mendoza, AD/CVD 
Operations, Office 7, Import Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-0195 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 15, 2005, the Department published the final results of 
the administrative review for certain cut-to-length carbon steel plate 
from Romania covering the period August 1, 2002, through July 31, 2003. 
See Certain Cut-to-Length Carbon Steel Plate from Romania: Notice of 
Final Results and Final Partial Rescission of Antidumping Duty 
Administrative Review, 70 FR 12651 (March 15, 2005) (Final Results), 
and accompanying Issues and Decision Memorandum. On April 13, 2005, 
Mittal Steel Galati S.A. (Mittal) filed a summons at the CIT 
challenging the Final Results. On July 18, 2007, the Court issued its 
opinion in Mittal Steel remanding two issues to the Department (i.e., 
the Department's decision to value iron scrap as a material input and 
the Department's choice of a surrogate value for limestone), and 
affirming the Department on a third issue (i.e., the Department's 
rejection of the use of data from Mittal's Algerian affiliate in 
deriving surrogate financial ratios). The CIT also did not order the 
re-liquidation of certain entries of subject merchandise that were 
liquidated prior to the expiration of the statutory time limit for 
appeal, and prior to Mittal's application for a preliminary injunction, 
as Mittal had requested.
    In accordance with the CIT's remand order, the Department filed its 
remand results on October 1, 2007. In those remand results, the 
Department provided an offset for scrap generated and re-used in the 
production process by Mittal, and reconsidered its valuation of the 
limestone input used to manufacture cut-to-length carbon steel plate 
for this proceeding. As a result, the Department recalculated the 
antidumping duty rate applicable to Mittal at 7.29 percent for the 
period of review.
    On November 7, 2007, the CIT affirmed the Department's final 
results pursuant to remand. See Mittal Steel Galati S.A., Formerly 
Known as Ispat Sidex S.A. v. United States, Slip Op. 07-164 (CIT 
November 7, 2007) . There was no appeal of the CIT's decision to the 
U.S. Court of Appeals for the Federal Circuit filed within the appeal 
period. Therefore, the CIT's decision is now final and conclusive.

Amendment to Final Results

    We are now amending the final results of this administrative review 
to reflect the final and conclusive decision of the CIT. The changes to 
our calculations with respect to Mittal resulted in a change in the 
weighted-average margin from 13.50 percent to 7.29 percent for the 
period of review. The Department will instruct CBP to liquidate entries 
of certain cut-to-length carbon steel plate from Romania produced by, 
exported to, or imported into the United States by Mittal during the 
review period at the assessment rates the Department calculated for 
these amended final results of review. We intend to issue the 
assessment instructions to CBP 15 days after the date of publication of 
these amended final results of review.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: January 11, 2008.
David Spooner,
Assistant Secretary for Import Administration.
 [FR Doc. E8-898 Filed 1-17-08; 8:45 am]
BILLING CODE 3510-DS-P