[Federal Register Volume 67, Number 139 (Friday, July 19, 2002)]
[Notices]
[Pages 47521-47522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-18296]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-819]
Notice of Final Determination of Sales at Less Than Fair Value:
Certain Cold-Rolled Carbon Steel Flat Products from Thailand
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 19, 2002.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey at (202) 482-2312, or
Elfi Blum at (202) 482-0197, Office of AD/CVD Enforcement VII, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the Tariff Act of 1930 (the Act), as amended. In
addition, unless otherwise indicated, all citations to the Department
of Commerce (Department) regulations are to the regulations at 19 CFR
part 351 (2001).
Final Determination
We determine that certain cold-rolled carbon steel flat products
(cold-rolled steel) from Thailand are being, or are likely to be sold,
in the United States at less than fair value (LFTV), as provided in
section 735 of the Act. The estimated margins are shown in the
``Suspension of Liquidation'' section of this notice.
Background
On May 9, 2002, the Department published its preliminary
determination in the above-captioned antidumping duty investigation.
See Notice of Preliminary Determination of Sales at Less Than Fair
Value: Certain Cold-Rolled Carbon Steel Flat Products From Thailand, 67
FR 31261 (May 9, 2002) (Preliminary Determination). This investigation
was initiated on October 18, 2001.\1\ See Notice of Initiation of
Antidumping Duty Investigations: Certain Cold-Rolled Carbon Steel Flat
Products From Argentina, Australia, Belgium, Brazil, France, Germany,
India, Japan, Korea, the Netherlands, New Zealand, the People's
Republic of China, the Russian Federation, South Africa, Spain, Sweden,
Taiwan, Thailand, Turkey, and Venezuela, 66 FR 54198 (October 26, 2001)
(Initiation Notice).
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\1\ The petitioners in this investigation are Bethlehem Steel
Corporation, LTV Steel Company, Inc., National Steel Corp., Nucor
Corporation, Steel Dynamics, Inc., United States Steel Corporation,
WCI Steel, Inc., and Weirton Steel Corporation (collectively, the
petitioners).
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Since the preliminary determination, the following events have
occurred. We gave interested parties an opportunity to comment on the
preliminary determination. No case or rebuttal briefs were submitted.
With respect to scope, in the preliminary LTFV determinations in these
cases, the Department preliminarily excluded certain porcelain
enameling steel from the scope of these investigations. See Scope
Appendix to the Notice of Preliminary Determination of Sales at Less
Than Fair Value: Certain Cold-Rolled Carbon Steel Flat Products from
Argentina, 67 FR 31181 (May 9, 2002) (Scope Appendix - Argentina
Preliminary LTFV Determination). On June 13, 2002, we issued a
preliminary decision on the remaining 75 scope exclusion requests filed
in a number of the on-going cold-rolled steel investigations (see the
June 13, 2002, memorandum regarding ``Preliminary Scope Rulings in the
Antidumping Investigations on Certain Cold-Rolled Carbon Steel Flat
Products from Argentina, Australia, Belgium, Brazil, France, Germany,
India, Japan, Korea, the Netherlands, New Zealand, the People's
Republic of China, the Russian Federation, South Africa, Spain, Sweden,
Taiwan, Thailand, Turkey, and Venezuela, and in the Countervailing Duty
Investigations of Certain Cold-Rolled Carbon Steel Flat Products from
Argentina, Brazil, France, and Korea'' (Preliminary Scope Rulings),
which is on file in the Department's Central Records Unit (CRU), room
B-099). We gave parties until June 20, 2002 to comment on the
preliminary scope rulings, and until June 27, 2002 to submit rebuttal
comments. We received comments and/or rebuttal comments from
petitioners and respondents from various countries subject to these
investigations of cold-rolled steel. In addition, on June 13, 2002,
North American Metals Company (an interested party in the Japanese
proceeding) filed a request that the Department issue a ``correction''
for an already excluded product. On July 8, 2002, the petitioners
objected to this request.
[[Page 47522]]
At the request of multiple respondents, a hearing with respect to
the Preliminary Scope Rulings was held on July 1, 2002.
Scope of Investigation
For purposes of this investigation, the products covered are
certain cold-rolled (cold-reduced) flat-rolled carbon-quality steel
products. A full description of the scope of this investigation, as
well as final decisions on all of the scope exclusion requests
submitted in the context of the concurrent cold-rolled steel
investigations is contained in the ``Scope Appendix'' attached to the
Notice of Final Determination of Sales at Less Than Fair Value: Certain
Cold-Rolled Carbon Steel Flat Products from Australia, published
concurrently with this notice. For a complete discussion of the
comments received on the Preliminary Scope Rulings, see the memorandum
regarding ``Issues and Decision Memorandum for the Final Scope Rulings
in the Antidumping Duty Investigations on Certain Cold-Rolled Carbon
Steel Flat Products from Argentina, Australia, Belgium, Brazil, France,
Germany, India, Japan, Korea, the Netherlands, New Zealand, the
People's Republic of China, the Russian Federation, South Africa,
Spain, Sweden, Taiwan, Thailand, Turkey, and Venezuela, and in the
Countervailing Duty Investigations of Certain Cold-Rolled Carbon Steel
Flat Products from Argentina, Brazil, France, and Korea,'' dated July
10, 2002, which is on file in the CRU.
Analysis of Comments Received
We received no comments from interested parties in response to our
preliminary determination. We did not hold a hearing because none was
requested.
Use of Facts Available
In the Preliminary Determination, the Department applied total
adverse facts available to the sole mandatory respondent, Thai Cold-
Rolled Steel Sheet Public Company, Limited (TCR). Specifically, the
Department assigned TCR the rate of 142.78 percent, which was derived
from the highest rate in the amended petition. See Preliminary
Determination, 67 FR at 31262. The Department based the ``all others''
rate on the simple average of the margins in the amended petition,
which is 127.44 percent. The interested parties did not object to the
use of adverse facts available, nor to the Department's choice of facts
available. Therefore, for this final determination, we are continuing
to apply total adverse facts available to the mandatory respondent.
Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, we are instructing the
U.S. Customs Service (Customs) to continue to suspend liquidation of
all imports of cold-rolled steel from Thailand that are entered, or
withdrawn from warehouse, for consumption on or after May 9, 2002 (the
date of publication of the Preliminary Determination in the Federal
Register). Customs shall continue to require a cash deposit or the
posting of a bond equal to the estimated amount by which the normal
value exceeds the U.S. price as shown below. The suspension of
liquidation instructions will remain in effect until further notice.
We determine that the following percentage margins exist:
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Manufacturer/Exporter Margin (percent)
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Thai Cold-Rolled Steel Sheet Public Company, Limited. 142.78
All Others........................................... 127.44
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ITC Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our determination. As our final
determination is affirmative, the ITC will determine, within 45 days,
whether these imports are causing material injury, or threatening
material injury, to an industry in the United States. If the ITC
determines that material injury, or threat of injury does not exist,
the proceeding will be terminated and all securities posted will be
refunded or cancelled. If the ITC determines that such injury does
exist, the Department will issue an antidumping duty order directing
Customs officials to assess antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding APO
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: July 10, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-18296 Filed 7-18-02; 8:45 am]
BILLING CODE 3510-DS-S