[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
------------------------------------------------------------------------
Azovstal...................................................        81.43
Ilyich.....................................................       155.00
Ukraine-wide...............................................       237.91
------------------------------------------------------------------------

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