[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