[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71603-71604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28019]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-808]
Certain Cut-to-Length Carbon Steel Plate From Ukraine;
Preliminary Results of Full Sunset Review of the Suspension Agreement
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results of the Full Sunset Review of the
Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate from
Ukraine.
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SUMMARY: On August 1, 2008, the Department of Commerce (``the
Department'') initiated a sunset review of the suspended antidumping
duty investigation on certain cut-to-length carbon steel plate (``CTL
plate'') from Ukraine pursuant to section 751(c) of the Tariff Act of
1930, as amended (``the Act''). See Initiation of Five-year
(``Sunset'') Review, 73 FR 44968 (August 1, 2008) (``Initiation
Notice''). On the basis of notices of intent to participate filed on
behalf of domestic interested parties and adequate substantive comments
filed on behalf of domestic and respondent interested parties, the
Department is conducting a full (240-day) review. As a result of this
review, the Department preliminarily finds that termination of the
suspended antidumping duty investigation on CTL plate from Ukraine
would likely lead to continuation or recurrence of dumping at the
levels indicated in the Preliminary Results of Review section of this
notice.
DATES: Effective Date: November 25, 2008.
FOR FURTHER INFORMATION CONTACT: Judith Rudman or Jay Carreiro, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230, telephone: (202) 482-0192 or (202) 482-3674.
SUPPLEMENTARY INFORMATION:
History of the Suspension Agreement
On December 3, 1996, the Department initiated an antidumping duty
investigation under section 732 of the Tariff Act of 1930 (``the Act'')
on certain cut-to-length carbon steel plate (``CTL plate'') from
Ukraine. See Initiation of Antidumping Duty Investigations: Certain
Cut-To-Length Carbon Steel Plate from the People's Republic of China,
Ukraine, the Russian Federation, and the Republic of South Africa, 61
FR 64051 (December 3, 1996). On June 11, 1997, the Department
preliminarily determined that CTL plate from Ukraine was being, or was
likely to be, sold in the United States at less than fair value. See
Preliminary Determination of Sales at Less Than Fair Value; Certain
Cut-to-Length Carbon Steel Plate from Ukraine, 62 FR 31958 (June 11,
1997).
The Department suspended the antidumping duty investigation on
October 24, 1997, on the basis of an agreement by the Government of
Ukraine to restrict the volume of direct and indirect exports of CTL
plate to the United States in order to prevent the suppression or
undercutting of price levels of U.S. domestic like products. See
Suspension of Antidumping Duty Investigation: Certain Cut-to-Length
Carbon Steel Plate From Ukraine, 62 FR 61766 (November 19, 1997).
Thereafter, the Department completed its investigation and published in
the Federal Register its final determination of sales at less than fair
market value. In the final determination, the Department calculated
weighted-average dumping margins of 81.43 percent for JSC Azovstal Iron
& Steel Works (``Azovstal''), 155.00 percent for JSC Ilyich Iron &
Steel Works (``Ilyich''), and 237.91 for ``all other'' Ukrainian
manufacturers, producers, and exporters of the subject merchandise. See
Notice of Final Determination of Sales at Less Than Fair Value: Certain
Cut-to-Length Carbon Steel Plate From Ukraine, 62 FR 61754 (November
19, 1997). A Suspension Agreement (``Agreement'') remains in effect for
all manufacturers, producers, and exporters of CTL plate from
Ukraine.\1\
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\1\ On September 29, 2008, a revised Suspension Agreement was
signed by representatives of Ukrainian CTL plate producers. This
agreement became effective November 1, 2008, and replaces the
previous non-market economy agreement, and amendments to it, that
have been in effect since 1997. For more information, see http://www.trade.gov/press/press_releases/2008/ukraine_092908.asp.
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Background
On August 1, 2008, the Department initiated a sunset review of the
suspended antidumping duty investigation on CTL plate from Ukraine,
pursuant to section 751(c) of the Act. See Initiation Notice, 73 FR
44968. The Department received notices of intent to participate on
behalf of ArcelorMittal USA, SSAB North America Division, Evraz S.A.
Oregon Steel Mills and Evraz S.A. Claymont, and Nucor Corporation
(collectively, ``domestic interested parties''), within the applicable
deadline specified in section 351.218(d)(1)(i) of the Department's
regulations. See Notices of Intent to Participate for ArcelorMittal
USA, Inc. (August 18, 2008) and SSAB North America Division; Evraz S.A.
Oregon Steel Mills; and Evraz S.A. Claymont (August 15, 2008). Domestic
interested parties claimed interested-party status under section
771(9)(C) of the Act as producers of the domestic like products. In
addition, domestic interested parties assert that they are not related
to a foreign producer/exporter and are not importers, or related to
importers, of the subject merchandise.
The Department also received complete substantive responses from
the domestic interested parties within the 30-day deadline specified in
the Department's regulations under section 351.218(d)(3)(i). See
Collective Substantive Response for ArcelorMittal USA, SSAB North
America Division, Evraz S.A. Oregon Steel Mills and Evraz S.A.
Claymont, and Nucor Corporation (August 29, 2008). On September 2,
2008, the Department received a complete substantive response from
Azovstal Iron & Steel Works (``Azovstal'') and Ilyich Iron & Steel
Works (``Ilyich'') (collectively, ``respondent interested parties'').
See Substantive Response for Azovstal and Ilyich (September 2, 2008).
Respondent interested parties assert that they participated fully in
the original investigation and have exported CTL plate from Ukraine in
accordance with the terms and conditions of the Agreement. Respondent
interested parties claimed interested-party status under section
771(9)(A) of the Act as foreign manufacturers, producers, and exporters
of CTL plate from Ukraine. Domestic interested parties did not submit
rebuttal responses.
After examining the substantive responses from all parties, on
September 22, 2008, the Department determined that the domestic
interested parties' and respondent interested parties' responses were
adequate, consistent with the requirements of 19 CFR 351.218(e). See
Letter from Edward C. Yang, Director, AD/CVD Operations, China/NME
Group, Import Administration, to Robert Carpenter, Director, Office of
Investigations, International Trade Commission (September 22, 2008).
Because the responses of both domestic and respondent interested
parties
[[Page 71604]]
constituted adequate responses to the notice of initiation, the
Department is conducting a full (240-day) sunset review in accordance
with 19 CFR 351.218(e)(1)(i). The Department will issue final results
of review not later than March 29, 2009.
Scope of Review
The products covered by the Agreement include hot-rolled iron and
non-alloy steel universal mill plates (i.e., flat-rolled products
rolled on four faces or in a closed box pass, of a width exceeding 150
mm but not exceeding 1250 mm and of a thickness of not less than 4 mm,
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 iron and non-alloy steel flat-rolled products not in coils, 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 mm or more in thickness and of a
width which exceeds 150 mm and measures at least twice the thickness.
Included as subject merchandise in the Agreement 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
beveled or rounded at the edges. This merchandise is currently
classified in the Harmonized Tariff Schedule of the United States (HTS)
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. Although
the HTS subheadings are provided for convenience and customs purposes,
the written description of the scope of the Agreement is dispositive.
Specifically excluded from subject merchandise within the scope of this
Agreement is grade X-70 steel plate.
Analysis of Comments Received
All issues raised by parties to this sunset review are addressed in
the Issues and Decision Memorandum (``Decision Memorandum'') from
Ronald K. Lorentzen, Deputy Assistant Secretary, Policy and
Negotiations, Import Administration, to David M. Spooner, Assistant
Secretary, Import Administration, dated November 17, 2008, which is
adopted by this notice. The issues discussed in the Decision Memorandum
include the likelihood of continuation or recurrence of dumping and the
magnitude of the margins likely to prevail were the suspended
antidumping duty investigation to be terminated. Parties may find a
complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit, room B-1117, of the main Commerce
building. In addition, a complete version of the Decision Memorandum
can 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.
Preliminary Results of Review
We preliminarily determine that termination of the suspended
antidumping duty investigation on CTL plate from Ukraine would likely
lead to a continuation or recurrence of dumping at the following
percentage weighted-average margins:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/producer/exporter margin
percentage
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Azovstal................................................... 81.43
Ilyich..................................................... 155.00
Ukraine-wide............................................... 237.91
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Public Comment
An interested party may request a hearing within 30 days of
publication of these preliminary results. See 19 CFR 351.310(c).
Interested parties may submit case briefs no later than 50 days after
publication of these preliminary results. See 19 CFR 351.309(c)(1)(i).
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than 5 days after the due date for filing case briefs.
See 19 CFR 351.309(d)(1). Any hearing, if requested, will be held 2
days after the due date for filing rebuttal briefs, or the first
business day thereafter, unless the Department alters the date. The
Department will issue the final results of this sunset review,
including the results of our analysis of the issues raised in any
written comments or at a hearing, if requested, no later than March 29,
2009.
We are issuing and publishing this notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of the Tariff Act.
Dated: November 17, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-28019 Filed 11-24-08; 8:45 am]
BILLING CODE 3510-DS-P