[Federal Register Volume 73, Number 98 (Tuesday, May 20, 2008)]
[Notices]
[Pages 29109-29110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11299]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-588-847


Notice of Implementation of Determination Under Section 129 of 
the Uruguay Round Agreements Act Regarding the Antidumping Duty Order 
on Certain Cut-to-Length Carbon-Quality Steel Plate Products from Japan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 8, 2008, the U.S. Trade Representative instructed the 
Department of Commerce (the Department) to implement its determination 
under section 129 of the Uruguay Round Agreements Act (URAA) regarding 
the investigation of certain cut-to-length carbon-quality steel plate 
products from Japan. The Department issued its final results on 
December 21, 2007, regarding the offsetting of dumped comparisons with 
non-dumped comparisons when making average-to-average comparisons of 
export price and normal value in the investigation challenged by Japan 
before the World Trade Organization in United States - Measures 
Relating to Zeroing and Sunset Reviews. The Department is now 
implementing this determination.

DATES: The effective date of this determination is April 8, 2008.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Mark Manning, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-5831, 
or (202) 482-5253, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 19, 2007, the Department advised interested parties 
that it was initiating a proceeding under section 129 of the URAA to 
issue a determination that would implement the findings of the World 
Trade Organization (WTO) dispute settlement panel in United States - 
Measures Relating to Zeroing and Sunset Reviews (WT/DS322) (September 
20, 2006). On November 26, 2007, the Department issued its preliminary 
results, in which it recalculated the weighted-average dumping margins 
from the antidumping investigation of certain cut-to-length carbon-
quality steel plate products from Japan\1\ by 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). The Department 
also invited interested parties to comment on the preliminary results. 
On December 3, 2007, we received a case brief from IPSCO Steel Inc. 
(IPSCO), a domestic interested party. We received no other case briefs. 
After receiving comments from IPSCO, the Department issued its final 
results for the section 129 determination on December 21, 2007.
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    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Cut-To-Length Carbon-Quality Steel Plate Products 
from Japan, 64 FR 73215 (December 29, 1999).
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    On January 11 and 14, 2008, 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 April 8, 2008, 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 USC 3538(b)(2). The Statement of 
Administrative Action, URAA, H. Doc. 316, Vol. 1, 103d Cong. (1994) 
(SAA), variously refers to such a determination by the Department as a 
``new,'' ``second,'' and ``different'' determination. See SAA at 1025, 
1027. 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 USC 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 USC 3538(c). The new determination is subject to 
judicial review separate and apart from judicial review of the 
Department's original determination. See 19 USC 1516a(a)(2)(B)(vii).

Analysis of Comments Received

    The issues raised in the case brief submitted by an interested 
party to this proceeding are addressed in the Issues and Decision 
Memorandum for the Final Results of Proceeding Under Section 129 of the 
Uruguay Round Agreements Act: Antidumping Measures on Certain Cut-to-
Length Carbon-Quality Steel Plate Products from Japan from Stephen J. 
Claeys to David M. Spooner, dated December 21, 2007 (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. A list 
of the issues addressed in the Issues and Decision Memorandum is 
appended to this notice.

Final Antidumping Margins

    The recalculated margins, unchanged from the preliminary decision 
in this 129 proceeding, are as follows:
     The margin for Kawasaki Steel Corporation decreases from 
10.78 percent to 9.46 percent.
     The all-others rate decreases from 10.78 percent to 9.46 
percent.
    On April 8, 2008, 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 the subject merchandise from all exporters or producers, 
entered, or withdrawn from warehouse, for consumption on or after April 
8, 2008 (the effective date). CBP shall continue to require cash 
deposit equal to the estimated amount by which normal value exceeds the 
U.S. price. The suspension of liquidation will remain in effect until 
further notice. The Section

[[Page 29110]]

129 Determination ``all others'' rate will be the new cash deposit rate 
for all exporters of subject merchandise for whom the Department has 
not assigned an individual rate, which is 9.46 percent.
    This determination is issued and published in accordance with 
section 129(c)(2)(A) of the URAA.

    Dated: May 13, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

Issued Raised in the Issues and Decision Memorandum

Comment 1: Whether Customs Instructions Should Be Clarified to Retain 
the Deposit Rates for Producers Whose Margins Were Not Recalculated
Comment 2: Whether the Preliminary Results Are Consistent with U.S. Law
Comment 3: Whether the Statute Equates the Dumping Margin with the 
Antidumping Duty Assessment
Comment 4: Whether the Department's Interpretation of the Term Dumping 
Margin' is Inconsistently Applied to Antidumping Investigations and 
Administrative Reviews
[FR Doc. E8-11299 Filed 5-19-08; 8:45 am]
BILLING CODE 3510-DS-S