Você está na página 1de 4

Federal Register / Vol. 70, No.

49 / Tuesday, March 15, 2005 / Notices 12651

we corrected a programming error to be 11.40 percent2, the ‘‘All Others’’ rate DEPARTMENT OF COMMERCE
calculate the margin based on CIL’s established in the less–than-fair–value
reported further manufacturing costs. investigation. These deposit International Trade Administration
requirements shall remain in effect until A–485–803
Final Results of Review publication of the final results of the
As a result of our review, we next administrative review. Certain Cut–to-Length Carbon Steel
determine that the following weighted– This notice also serves as a final Plate from Romania: Notice of Final
average margin exists for the period of reminder to importers of their Results and Final Partial Rescission of
April 10, 2002, through September 30, responsibility under 19 CFR 351.402 (f) Antidumping Duty Administrative
2003: to file a certificate regarding the Review
reimbursement of antidumping duties AGENCY: Import Administration,
Producer Weighted– prior to liquidation of the relevant International Trade Administration,
Margin (Percentage)
Average entries during this review period. Department of Commerce
Failure to comply with this requirement SUMMARY: On September 7, 2004, the
CIL .............................. 3.61 could result in the Secretary’s
Department of Commerce (‘‘the
presumption that reimbursement of Department’’) published the preliminary
Assessment antidumping duties occurred and the results of its administrative review of
subsequent increase in antidumping the antidumping duty order on certain
The Department will determine, and duties by the amount of antidumping
CBP shall assess, antidumping duties on duties reimbursed. cut–to-length carbon steel plate from
all appropriate entries, pursuant to 19 Romania. See Certain Cut–to-Length
CFR 351.212(b). The Department This notice also is the only reminder Carbon Steel Plate From Romania:
calculated importer–specific duty to parties subject to administrative Preliminary Results of the Antidumping
protective order (APO) of their Duty Administrative Review and Notice
assessment rates on the basis of the ratio
responsibility concerning the return or of Intent To Rescind in Part, 69 FR
of the total amount of antidumping
destruction of proprietary information 54108 (September 7, 2004)
duties calculated for the examined sales
disclosed under APO in accordance (‘‘Preliminary Results’’). This review
to the total entered value of the with 19 CFR 351.305. Timely written covers producer Ispat Sidex, S.A.
examined sales for that importer. Where notification of the return/destruction of (‘‘Sidex’’) and exporter
the assessment rate is above de minimis, APO materials or conversion to judicial Metalexportimport, S.A. (‘‘MEI’’). The
we will instruct CBP to assess duties on protective order is hereby requested. period of review (‘‘POR’’) is August 1,
all entries of subject merchandise by Failure to comply with the regulations 2002, through July 31, 2003. We are
that importer. The Department will and the terms of an APO is a rescinding the review with respect to
issue appropriate assessment sanctionable violation. CSR SA Resita (‘‘CSR’’) and MINMET,
instructions directly to CBP within 15 S.A. (‘‘MINMET’’) because CSR and
We are issuing and publishing these
days of publication of these final results results and notice in accordance with MINMET did not ship subject
of review. sections 751(a)(1) and 777(i)(1) of the merchandise to the United States during
Act. the POR. We invited parties to comment
Cash Deposits
on our Preliminary Results. Based on
Dated: March 8, 2005. our analysis of comments received, we
Furthermore, the following deposit
Joseph A. Spetrini, have made changes in the margin
requirements will be effective upon
publication of the final results of this Acting Assistant Secretary for Import calculation. Therefore, the final results
administrative review for all shipments Administration. differ from the preliminary results. The
of carbon and certain alloy steel wire final results are listed below in the
APPENDIX
rod from Trinidad and Tobago entered, ‘‘Final Results of Review’’ section.
or withdrawn from warehouse, for Comment 1: Use of Home Market GAAP EFFECTIVE DATE: March 15, 2005.
consumption on or after the publication Comment 2: Matching Hierarchy for FOR FURTHER INFORMATION CONTACT:
date of these final results, as provided Similar Products Brandon Farlander at (202) 482–0182 or
by section 751(a) of the Tariff Act of Abdelali Elouaradia at (202) 482–1374,
Comment 3: Determination of Payment
1930, as amended (the Act): (1) For CIL, AD/CVD Operations, Office 7, Import
Dates
the cash deposit rate will be the rate Administration, International Trade
Comment 4: CEP Offset Adjustment and Administration, U.S. Department of
listed above; (2) for merchandise
LOT Analysis Commerce, 14th Street and Constitution
exported by producers or exporters not
covered in this review but covered in Comment 5: Classification of Expenses Ave, NW., Washington, DC 20230.
the investigation, the cash deposit rate Incurred by U.S. Affiliate SUPPLEMENTARY INFORMATION:
will continue to be the company– Comment 6: Calculation of Imputed Background
specific rate from the final Expenses for CEP Sales
On September 7, 2004, we published
determination; (3) if the exporter is not Comment 7: Treatment of Major Inputs in the Federal Register the preliminary
a firm covered in this review or the from Affiliated Suppliers results of this antidumping review on
investigation, but the producer is, the September 7, 2004. See Preliminary
Comment 8: Ministerial Error in
cash deposit rate will be that established Calculating CEP Profit Results.
for the producer of the merchandise in On September 17, 2004, the
[FR Doc. E5–1128 Filed 3–14–05; 8:45 am]
these final results of review or in the Department placed Egyptian import
BILLING CODE 3510–DS–S
final determination; and (4) if neither statistics on the record from the
the exporter nor the producer is a firm Egyptian Central Agency for Public
2 In the Preliminary Results, we inadvertently
covered in this review or the Mobilization and Statistics (CAPMAS),
used the preliminary ‘‘All Others’’ rate from the
investigation, the cash deposit rate will investigation. the Egyptian government’s official

VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\15MRN1.SGM 15MRN1
12652 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices

statistical agency. On October 8, 2004, administrative review of the other nonmetallic substances; and
the International Steel Group, Inc. (ISG) antidumping duty order on certain cut– certain hot–rolled carbon steel flat–
and Sidex submitted proposed surrogate to-length carbon steel plate from rolled products in straight lengths, of
values. On October 18, 2004, ISG Romania by 30 days until no later than rectangular shape, hot rolled, neither
submitted publicly available factors data March 7, 2005. See Notice of Extension clad, plated, nor coated with metal,
to rebut, clarify or correct the surrogate of Time Limit for the Final Results of whether or not painted, varnished, or
value information filed by Sidex on Antidumping Duty Administrative coated with plastics or other
October 8, 2004. On October 28, 2004, Review: Certain Cut–to-Length Carbon nonmetallic substances, 4.75
Sidex filed a letter stating that it Steel Plate From Romania, 70 FR 7232 millimeters or more in thickness and of
inadvertently bracketed page 3 of (February 11, 2005). a width which exceeds 150 millimeters
Exhibit 16 of its October 8, 2004, On February 7, 2005, the Department and measures at least twice the
surrogate value submission and it filed requested comments on whether it is thickness, as currently classifiable in the
this page without brackets. appropriate for the Department to HTS under item numbers 7208.31.0000,
We invited parties to comment on our rescind this review. On February 16, 7208.32.0000, 7208.33.1000,
Preliminary Results. We received case 2005, we received comments from 7208.33.5000, 7208.41.0000,
briefs from domestic interested parties Sidex, IPSCO, Nucor, U.S. Steel and the 7208.42.0000, 7208.43.0000,
IPSCO Steel Inc. (IPSCO) on October 7, United Steelworkers of America 7208.90.0000, 7210.70.3000,
2004. Also, we received case briefs from (‘‘USWA’’). We received no comments 7210.90.9000, 7211.11.0000,
domestic interested party ISG and from ISG. On February 22, 2005, we 7211.12.0000, 7211.21.0000,
respondent Sidex on October 18, 2004. received rebuttals comments from 7211.22.0045, 7211.90.0000,
We received rebuttal briefs from IPSCO Sidex, IPSCO, Nucor, and U.S. Steel. 7212.40.1000, 7212.40.5000, and
and Sidex (and Sidex’s U.S. affiliate For a summarization of the comments 7212.50.0000. Included in this review
Ispat North America, Inc.) on October and the Department’s position on this are flat–rolled products of
25, 2004. No interested party requested issue, please see Comment 15 of the nonrectangular cross-section where
a hearing. Department’s ‘‘Issues and such cross-section is achieved
On January 5, 2005, we invited Memorandum’’ from Barbara E. Tillman, subsequent to the rolling process (i.e.,
comments from interested parties on the Acting Deputy Assistant Secretary, products which have been ≥worked
calculation of the ‘‘all others’’ rate and Import Administration, to Joseph A. after rolling≥)--for example, products
the calculation of the cash deposit for Spetrini, Acting Assistant Secretary, which have been bevelled or rounded at
the exporter and producer. On January Import Administration, dated March 7, the edges. Excluded from this review is
11, 2005, we received comments from 2005 (‘‘Decision Memorandum’’). grade X–70 plate. These HTS item
Sidex, IPSCO, and Nucor on the cash numbers are provided for convenience
deposit rates and the ‘‘all others’’ rate. Partial Rescission
and customs purposes. The written
On January 14, 2005, we received In our Preliminary Results, we description remains dispositive.
rebuttal comments from Nucor and announced our preliminary
IPSCO to Sidex’s comments. determination to rescind the Separate Rates
On January 11, 2005, the Department administrative review with respect to MEI and Sidex have requested
published in the Federal Register a CSR and MINMET because these separate, company–specific
notice extending the final results of the companies had no entries of certain cut– antidumping duty rates in this review.
administrative review of the to-length carbon steel plate from In the Preliminary Results, we found
antidumping duty order on certain cut– Romania during the POR. See that MEI and Sidex had met the criteria
to-length carbon steel plate from Preliminary Results. We have received for the application of separate
Romania by 30 days until no later than no new information contradicting our antidumping duty rates. See Preliminary
February 4, 2005. See Notice of preliminary intent to rescind. Because Results. We have not received any other
Extension of Time Limit for the Final the record evidence indicates that CSR information since the preliminary
Results of Antidumping Duty and MINMET did not have sales or results which would warrant
Administrative Review: Certain Cut–to- shipments of subject merchandise reconsideration of our separate rates
Length Carbon Steel Plate From during the POR, in accordance with 19 determination with respect to these
Romania, 70 FR 1867 (January 11, CFR 351.213(d)(3) and consistent with companies. We therefore determine that
2005). our practice, we are rescinding this MEI and Sidex should be assigned
On January 31, 2005, ISG, the only review for CSR and MINMET. See e.g., individual dumping margins in this
interested party which requested this Polychloroprene Rubber From Japan: administrative review.
review, withdrew its request for review Notice of Rescission of Antidumping
with respect to Sidex and MEI but not Analysis of Comments Received
Duty Administrative Review, 66 FR
with respect to CSR and MINMET. Also, 45005 (August 27, 2001). The Department has received
on January 31, 2005, Sidex requested comments from Sidex and domestic
that the Department rescind the Scope of the Order interested parties ISG, USWA, Nucor,
administrative review of Sidex and MEI. The products under the order include U.S. Steel, and IPSCO, all of which are
On February 1, 2005, and February 2, hot–rolled carbon steel universal mill addressed in the Decision
2005, IPSCO and Nucor, respectively, plates (i.e., flat–rolled products rolled Memorandum, which is hereby adopted
none of which requested this review, on four faces or in a closed box pass, of by this notice. Attached to this notice as
stated that the Department should deny a width exceeding 150 millimeters but an Appendix is a list of the issues that
ISG’s and Sidex’s request to rescind this not exceeding 1,250 millimeters and of the parties have raised and to which we
administrative review. On February 2, a thickness of not less than 4 have responded in the Decision
2005, Sidex rebutted IPSCO’s February millimeters, not in coil and without Memorandum. Parties can find a
1, 2005, comments. patterns in relief), of rectangular shape, complete discussion of all issues raised
On February 11, 2005, the Department neither clad, plated nor coated with in this review and the corresponding
published in the Federal Register a metal, whether or not painted, recommendations in this public
notice extending the final results of the varnished, or coated with plastics or memorandum, which is on file in the

VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\15MRN1.SGM 15MRN1
Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices 12653

Department’s Central Records Unit 4. In September 2004, the Department 6. We are not using Sidex’s market
(‘‘CRU’’), located at 14th Street and issued updated wage rates based on economy purchases of iron ore powder
Constitution Avenue, NW, Room B–099. 2002 income data. As a result of these from India because we have a
In addition, a complete version of the updated wage rates for selected NME reasonable basis to believe or suspect
Decision Memorandum can be accessed countries, the hourly wage rate for that the country benefits from broadly
directly on the Import Administration Romania increased to $1.33. Because available non–industry specific export
website at http://ia.ita.doc.gov/ under this wage rate is more contemporaneous subsidies. As a result, we are also
the heading Federal Register Notices. than the wage rate used in our excluding all Indian export prices in our
The paper copy and electronic version Preliminary Results, the Department is valuation of surrogate values, where
of the Decision Memorandum are using this updated wage rate for the applicable. See Decision Memorandum
identical in content. final results. See also http:// at Comment 4.
www.ia.ita.doc.gov.
Changes Since the Preliminary Results 5. We are now using Alexandria ‘‘All Others’’ Rate
Based on our analysis of comments National Iron and Steel Co.’s financial As a result of Romania’s transition
received, we have made the following statement for our financial ratios, with from a non–market economy to a market
changes for the final results: an adjustment to include non–
1. For inputs coking coal and iron ore economy, an issue arose in this
depreciation overhead from PT Jaya Pari administrative review regarding the
pellets, we inadvertently did not Steel Tbk. (‘‘Jaya Pari’’) for the final
include domestic freight costs in the calculation of an ‘‘all others’’ rate. For
results. See Decision Memorandum at the discussion of the Department’s
Preliminary Results. For the final Comment 10. The updated financial
results, we have added domestic freight decision regarding the all–others rate,
ratios are as follows: see the accompanying Decision
costs for these two inputs. See Decision 28.64% = Factory Overhead Ratio
Memorandum at Comment 8. Memorandum at Comment 2.
(includes non–depreciation
2. For methane gas, we are using a overhead ratio from Jaya Pari) Final Results of Review
different surrogate value for the final 18.96% = SG&A Ratio (includes
results. For coke gas and furnace gas, we interest expenses) We note that although MEI was the
are now using the BTU heat content 0.79% = Profit Ratio exporter for all of Sidex’s sales, because
methodology. See Decision See Attachment 7 of the Department’s Sidex provided information that it had
Memorandum at Comments 5 and 6. Analysis Memorandum for the Final knowledge that the subject merchandise
3. We are using more contemporaneous Results of the Antidumping Duty was destined for the United States, we
POR–specific data from Egypt for the Administrative Review of the have calculated a margin for both Sidex
following factors: (1) Manganese ore; (2) Antidumping Duty Order on Certain as the producer and MEI as the exporter.
iron scrap; (3) aluminum; (4) lime; (5) Cut–to-Length Carbon Steel Plate from We determine that the following margin
injected coal powder; (6) ammonium Romania, dated March 7, 2005 (‘‘Final is the weighted–average antidumping
sulfate; and (7) crude benzene. See Analysis Memorandum’’) for these duty margin of all sales made in both
Decision Memorandum at Comment 11. calculations. the NME and ME portions of the POR.

Manufacturer/Exporter POR Margin (percent)

Ispat Sidex, .......................................................................................................... 08/01/02 - 07/30/030 13.50


Metalexportimport, S.A. ....................................................................................... 08/01/02 - 07/30/03 13.50

For details on the calculation of the merchandise by aggregating the reviewed or investigated companies not
antidumping duty weighted–average dumping duties due for all U.S. sales to covered in this review, the cash deposit
margins for Sidex and MEI, see the each importer and dividing the amount rate will continue to be the company–
Decision Memorandum and the Final by the total quantity of the sales to that specific rate published for the most
Analysis Memorandum. A public importer. We will direct CBP, within 15 recent period; (3) if the exporter is not
version of the analysis memorandum is days of publication of these final results a firm covered in this review, a prior
on file in the CRU. of review, to assess the resulting rate, review, or the original less than fair
which is in dollars per metric ton, value (LTFV) investigation (see Final
Assessment Rates
against the total quantity for the subject Determination of Sales at Less Than
Pursuant to 19 CFR 351.212(b), the merchandise on each of MEI’s and Fair Value: Certain Cut–to-Length
Department calculates an assessment Sidex’s importer’s/customer’s entries Carbon Steel Plate from Romania, 58 FR
rate for each importer of the subject during the POR. 37209 (July 9, 1993)), but the
merchandise. Upon issuance of the final
Cash–Deposit Requirements manufacturer is, the cash deposit rate
results of this review, if any importer–
will be the rate established in the most
specific assessment rates calculated in The following cash–deposit rates will
recent period for the manufacturer of
the final results are above de minimis be effective upon publication of the
the merchandise; and, (4) if neither the
(i.e., at or above 0.50 percent), the final results of this review for all
exporter nor the manufacturer is a firm
Department will issue appraisement shipments of certain cut–to-length
instructions directly to the U.S. Customs carbon steel plate from Romania covered in this or any previous review
and Border Protection (CBP) to assess entered, or withdrawn from warehouse, conducted by the Department, the cash
antidumping duties on appropriate for consumption on or after publication deposit rate will be 75.04 percent,
entries by applying the assessment rate date, as provided for by section which previously was the Romania–
to the entered value of the merchandise. 751(a)(2)(C) of the Act: (1) For subject wide rate. See the accompanying
For assessment purposes for MEI and merchandise exported by MEI or Sidex, Decision Memorandum at Comment 2.
Sidex, we calculated importer–specific the deposit rate will be the rate These deposit requirements, when
assessment rates for the subject indicated above; (2) for previously imposed, shall remain in effect until

VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\15MRN1.SGM 15MRN1
12654 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices

publication of the final results of the COMMITTEE FOR THE Specifications:


next administrative review. IMPLEMENTATION OF TEXTILE
Notification to Importers AGREEMENTS
Petitioner Style 153, 154, 155, 156,
This notice also serves as a final Withdrawal of Two Commercial No: W3004
reminder to importers of their Availability Petitions under the United Fiber Content: 100% Cotton
responsibility under section 351.402(f) States - Caribbean Basin Trade Weight: 168 - 172 g/m2
of the Department’s regulations to file a Partnership Act (CBTPA) Width: 142 - 145 centimeters
certificate regarding the reimbursement Thread Count: 25 -26 warp ends per
March 11, 2005. centimeter; 23-24 filling
of antidumping duties prior to
AGENCY:The Committee for the pick per centimeter;
liquidation of the relevant entries total 48-50 threads per
during these review periods. Failure to Implementation of Textile Agreements
square centimeter
comply with this requirement could (CITA) Yarn Number: 35/2 - 36/2 metric warp
result in the Secretary’s presumption ACTION: The petitioner has notified CITA and filling, ring spun;
that reimbursement of antidumping that it is withdrawing two petitions it Overall average yarn
duties occurred and the subsequent number: 32-34 metric
submitted for determinations that Weave: 4-thread twill
assessment of double antidumping certain 100 percent cotton, 4-thread Finish: Of two or more yarns of
duties. twill weave, flannel fabrics and certain different colors in the
We are issuing and publishing this 100 percent cotton, double faced sateen warp and filling, napped
determination and notice in accordance weave, flannel fabrics cannot be on both sides
with sections 751(a)(1) and 777(i)(1) of supplied by the domestic industry in
Petitioner Style 5225
the Act. commercial quantities in a timely No:
Dated: March 7, 2005.
manner under the CBTPA. Fiber Content: 100% Cotton
Joseph A. Spetrini, Weight: 315-320 g/m2
SUMMARY: On March 3, 2005, the Width: 148 - 152 centimeters
Acting Assistant Secretary for Import Chairman of CITA received two Thread Count: 33 - 35 warp ends per
Administration. centimeter; 57 - 59 fill-
petitions from Sandler, Travis &
APPENDIX Rosenberg, P.A., on behalf of B*W*A of ing picks per centi-
meter; total 90 - 94
New York, New York, alleging that
List of Comments and Issues in the threads per square cen-
certain, 100 percent cotton, 4-thread timeter
Decision Memorandum
twill weave, flannel fabrics, of yarn- Yarn Number: 50 - 52 metric warp; 23 -
Comment 1: Cash Deposit Rates dyed, ring spun and plied yarns, and 25 metric filling; overall
certain 100 percent cotton, double faced average yarn number:
Comment 2: ‘‘All Others’’ Rate 28 - 30 metric
sateen weave, flannel fabrics, of yarn-
Comment 3: Export Prices as Surrogate dyed, single yarns, of certain Weave: Double faced irregular 3 X
Value 1 sateen
specifications, cannot be supplied by Finish: Printed on one side on
Comment 4: Use of Market Economy the domestic industry in commercial yarns of different colors;
Price of Iron Ore Powder quantities in a timely manner. The napped on both sides;
Comment 5: Methane Gas Surrogate petitions requested that men’s and boys’ Sanforized
Value woven cotton shirts and woven cotton
shirts and blouses, respectively, of such James C. Leonard III,
Comment 6: Coke Gas and Furnace Gas Chairman, Committee for the Implementation
fabrics assembled in one or more
Surrogate Values of Textile Agreements.
CBTPA beneficiary countries be eligible
Comment 7: Surrogate Value for for preferential treatment under the [FR Doc.05–5205 Filed 3–11–05; 2:16 pm]
Wooden Boards CBTPA. On March 9, 2005, CITA BILLING CODE 3510–DS–S

Comment 8: Romania Domestic Freight published notices in the Federal


Costs Register (70 FR 11621 and 70 FR 11620)
COMMITTEE FOR THE
Comment 9: Updated Surrogate Wage soliciting public comments on these
IMPLEMENTATION OF TEXTILE
Data petitions, in particular with regard to
AGREEMENTS
whether these fabrics can be supplied
Comment 10: Surrogate Financial Ratios
by the domestic industry in commercial Request for Public Comments on
Comment 11: Aberrational Surrogate quantities in a timely manner. Commercial Availability Petition under
Values the United States - Caribbean Basin
On March 9, 2005, CITA received a
Comment 12: Value of Recycled Iron letter from Sandler, Travis & Rosenberg, Trade Partnership Act (CBTPA)
Scrap P.A. withdrawing the petitions. The March 11, 2005.
Comment 13: Offsetting for Negative specifications of these fabrics are
Margins repeated below. The petitioner states AGENCY:The Committee for the
that the weight of the fabrics was Implementation of Textile Agreements
Comment 14: Barge Surrogate Value (CITA)
incorrectly stated in both petitions.
Comment 15: Whether to Rescind this
FOR FURTHER INFORMATION CONTACT: ACTION: Request for public comments
Review
Janet E. Heinzen, International Trade concerning a petition for a
[FR Doc. E5–1127 Filed 3–14–05; 8:45 am] determination that certain 100 percent
Specialist, Office of Textiles and
Billing Code: 3510–DS–S cotton, 4-thread twill and herringbone
Apparel, U.S. Department of Commerce,
twill weave, flannel fabrics cannot be
(202) 482-3400.
supplied by the domestic industry in

VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\15MRN1.SGM 15MRN1

Você também pode gostar