[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46570-46571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18543]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-808]
Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate
From Ukraine; Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 1, 2013.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that Metinvest Holding LLC (Metinvest) and its affiliated
companies, Azovstal Iron & Steel Works (Azovstal) and Ilyich Iron and
Steel Works (Ilyich), are in compliance with the agreement suspending
the antidumping investigation of certain cut-to-length carbon steel
plate (CTL plate) from Ukraine for the period November 1, 2011 through
October 31, 2012. The preliminary results are set forth in the section
titled ``Methodology and Preliminary Results,'' infra. We intend to
issue the final results within 120 days after publication of these
preliminary results in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Judith Wey Rudman or Anne D'Alauro,
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) 482-4830.
SUPPLEMENTARY INFORMATION:
Scope of Review
The products covered by the Agreement are hot-rolled iron and non-
alloy steel universal mill plates, 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. 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. Excluded from the subject merchandise within the scope of
this Agreement is grade X-70 plate. Although the HTS subheadings are
provided for convenience and customs purposes, our written description
of the scope of the Agreement is dispositive. For a full description of
the scope of this Agreement, see Suspension of Antidumping Duty
Investigation: Certain Cut-to-Length Carbon Steel Plate From Ukraine,
73 FR 57602 (October 3, 2008) (Agreement), Appendix A.
Methodology and Preliminary Results
On September 29, 2008, the Department signed an agreement under
section 734(b) of the Tariff Act of 1930, as amended (the Act), with
Ukrainian steel producers/exporters, including Azovstal and Ilyich,
suspending the antidumping duty investigation on CTL plate from
Ukraine. See Agreement. On November 30, 2012, Nucor Corporation
submitted a request for an administrative review of the Agreement for
CTL plate produced by Metinvest or any of its affiliates. Metinvest
owns the Ukrainian CTL plate producers, Azovstal and Ilyich, and sells
the companies' products to the United States.\1\
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\1\ See, e.g., the Public Version of the February 4, 2011,
``Verification Report: Metinvest International, SA'' at pages 1 and
2 and Public Version of Metinvest's September 7, 2012, Narrative
Section A Questionnaire Response at pages 8-10.
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[[Page 46571]]
The review was initiated on December 31, 2012, for the November 1,
2011 through October 31, 2012 period of review. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews and Request
for Revocation in Part, 77 FR 77017 (December 31, 2012). On January 22,
2013, the Department issued its questionnaire to Metinvest, the common
parent of Azovstal and Ilyich (collectively, the companies). The
companies submitted their joint response on March 1, 2013.
The Department has conducted this review in accordance with section
751(a)(1)(C) of the Act, which specifies that the Department shall
``review the current status of, and compliance with, any agreement by
reason of which an investigation was suspended.'' In this case, the
Department, Azovstal and Ilyich signed the Agreement suspending the
underlying antidumping duty investigation on September 29, 2008.
Pursuant to the Agreement, each signatory producer/exporter
individually agrees to make any necessary price revisions to eliminate
completely any amount by which the normal value (NV) of the subject
merchandise exceeds the U.S. price of its merchandise subject to the
Agreement. See Agreement, 73 FR 57602, 57603. Our review of the
information submitted by the companies indicates that they have adhered
to the terms of the Agreement and that the Agreement is functioning as
intended. For a full description of the methodology underlying our
conclusions, see ``Decision Memorandum for Preliminary Results of
Administrative Review of the Agreement Suspending the Antidumping Duty
Investigation on Certain Cut-to-Length Carbon Steel Plate from
Ukraine'' from Lynn Fischer Fox, Deputy Assistant Secretary of Policy
and Negotiations to Paul Piquado, Assistant Secretary for Import
Administration (Preliminary Decision Memorandum), dated concurrently
with these results and hereby adopted by this notice. The Preliminary
Decision Memorandum is a public document and is made available to the
public via Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at https://iaaccess.trade.gov and in the
Department's Central Records Unit, located in room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found on the Internet at http://www.trade.gov/ia. The signed Preliminary Decision Memorandum and the
electronic version of the Preliminary Decision Memorandum are identical
in content.
Public Comment
Interested parties may submit case briefs not later than 30 days
after the date of publication of this notice.\2\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\3\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to provide: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\4\
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\2\ See 19 CFR 351.309(c)(1)(ii).
\3\ See 19 CFR 351.309(d)(1).
\4\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Time within 30
days after the date of publication of this notice. Requests should
contain: (1) The party's name, address and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. The Department intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 26, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-18543 Filed 7-31-13; 8:45 am]
BILLING CODE 3510-DS-P