[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74461-74462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29014]



[[Page 74461]]

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DEPARTMENT OF COMMERCE

International Trade Administration

A-821-808


Certain Cut-to-Length Carbon Steel Plate from Russia; Final 
Results of Expedited Sunset Review of the Suspension Agreement

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Final Results of the Expedited Sunset Review of the 
Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate from 
Russia.

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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 the Russian Federation (``Russia'') 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 and adequate substantive comments filed on behalf of 
domestic interested parties, as well as no response from respondent 
interested parties, the Department is conducting an expedited (120-day) 
review. As a result of this review, the Department finds that 
termination of the suspension agreement and the underlying antidumping 
duty investigation on CTL plate from Russia would likely lead to 
continuation or recurrence of dumping at the levels indicated in the 
Final Results of Review section of this notice.

EFFECTIVE DATE: December 8, 2008.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Maureen Price, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, DC 20230, telephone: (202) 482-0162 or (202) 482-4271.

SUPPLEMENTARY INFORMATION:

History of the Suspension Agreement

    On December 3, 1996, the Department initiated an antidumping duty 
investigation under section 732 of the Act on certain CTL plate from 
Russia. 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 Russia 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 the Russian Federation, 62 FR 
31967 (June 11, 1997). The Department suspended the antidumping duty 
investigation on October 24, 1997, on the basis of an agreement by the 
Russian Government 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 the Russian Federation, 62 FR 
61780 (November 19, 1997). Thereafter, upon the request of the 
petitioners, the Department continued 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 a weighted-average dumping margin of 53.81 percent for JSC 
Severstal, and 185.00 for ``all other'' Russian 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 the Russian Federation, 62 FR 61787 
(November 19, 1997). On December 20, 2002, a revised suspension 
agreement was signed by representatives of Russian CTL plate producers 
pursuant to section 734(b) of the Act. This agreement became effective 
January 23, 2003, and replaced the previous non-market economy 
agreement that had been in effect since 1997. See Suspension of 
Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel 
Plate from the Russian Federation, 68 FR 3859 (January 27, 2003) 
(``Suspension Agreement'').
    On May 14, 2008, the Department concluded an administrative review 
of the Suspension Agreement with respect to CTL Plate from Russia. We 
found that JSC Severstal (``Severstal'') was in compliance with the 
agreement. See Certain Cut-to-Length Carbon Steel Plate from the 
Russian Federation; Final Results of Administrative Review of the 
Suspension Agreement, 73 FR 27795 (May 14, 2008).
    The Suspension Agreement remains in effect for the signatory 
producers/exporters of CTL plate from Russia: Severstal, JSC 
Magnitogorsk Iron and Steel Works and JSC NOSTA Integrated Iron-Steel 
Works.

Background

    On August 1, 2008, the Department initiated a sunset review of the 
suspended antidumping duty investigation on CTL plate from Russia, 
pursuant to section 751(c) of the Act. See Initiation Notice, 73 FR 
44968. The Department received a timely notice of intent to participate 
in this sunset review from Nucor Corporation on August 5, 2008, from 
SSAB North America Division (``SSAB N.A.D.''), Evraz S.A. Oregon Steel 
Mills (``OSM'') and Evraz S.A. Claymont (``Claymont'') on August 15, 
2008, and from ArcelorMittal USA, Inc. on August 18, 2008 
(collectively, ``domestic interested parties''), within the applicable 
deadline specified in section 351.218(d)(1)(i) of the Department's 
regulations. 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. At the 
request of the Department, on September 11, 2008, SSAB N.A.D., OSM and 
Claymont submitted a clarification to their notice of intent to 
participate. Respondent interested parties did not submit notices of 
intent to participate.
    The Department also received a complete, collective substantive 
response from the domestic interested parties within the 30-day 
deadline specified in the Department's regulations under section 
351.218(d)(3)(i). After examining the substantive response from the 
domestic interested parties, on September 22, 2008, the Department 
determined that the response was adequate, consistent with the 
requirements of 19 CFR 351.218(e). See Memorandum from Maureen Price, 
Senior Policy Analyst, Office of Policy, Import Administration, to 
Sally C. Gannon, Director for Bilateral Agreements, Office of Policy, 
Import Administration, regarding ``Sunset Review of the Agreement 
Suspending the Antidumping Investigation of Certain Cut-to-Length 
Carbon Steel Plate from the Russian Federation: Adequacy 
Determination'' (September 15, 2008). See also 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 response of the domestic interested parties constituted an 
adequate response to the notice of initiation and there was no response 
from the respondent

[[Page 74462]]

interested parties, the Department is conducting an expedited (120-day) 
sunset review in accordance with 19 CFR 351.218(e)(1)(ii)(c)(2).

Scope of Review

    The products covered by the Suspension 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 Suspension 
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 for the Final Results of the 
Expedited Sunset Review of the Agreement Suspending the Antidumping 
Duty Investigation of Certain Cut-to-Length Carbon Steel Plate from the 
Russian Federation,'' from Ronald K. Lorentzen, Deputy Assistant 
Secretary for Policy and Negotiations, Import Administration, to David 
M. Spooner, Assistant Secretary, Import Administration (December 1, 
2008) (``Decision Memorandum''), 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.

Final Results of Review

    We determine that termination of the Suspension Agreement and the 
underlying antidumping duty investigation on CTL plate from Russia 
would likely lead to a continuation or recurrence of dumping at the 
following percentage weighted-average margins:

------------------------------------------------------------------------
                                                       Weighted-average
           Manufacturer/producer/ exporter             margin percentage
------------------------------------------------------------------------
Severstal...........................................               53.81
Russia-wide.........................................              185.00
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    We are issuing and publishing this notice in accordance with 
sections 751(c), 752(c), and 777(i)(1) of the Tariff Act.

    Dated: December 1, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-29014 Filed 12-5-08; 8:45 am]
BILLING CODE 3510-DS-S