[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73616-73617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29887]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-849]
Certain Cut-to-Length Carbon Steel Plate From the People's
Republic of China: Final Results of Antidumping Administrative Review;
2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 9, 2012, the Department of Commerce (the
``Department'') published the preliminary results of the administrative
review (``AR'') of certain cut-to-length carbon steel plate (``CTL
plate'') from the People's Republic of China (``PRC'') covering the
period of review (``POR'') November 1, 2010 through October 31,
2011.\1\ After analyzing the comments submitted by Nucor Corporation
(``Petitioner'') with respect to the AR, the Department continues to
find that Baosteel and Hunan Valin did not have shipments during the
POR and that shipments by Anshan and Liaoning should be liquidated at
the PRC-wide rate of 128.59 percent.
---------------------------------------------------------------------------
\1\ See Certain Cut-to-Length Carbon Steel Plate From the
People's Republic of China: Preliminary Results of Antidumping
Administrative Review and Preliminary Determination of No Shipments,
77 FR 47593 (August 9, 2012) (``Preliminary Results''). The
companies included in the review are as follows: Bao/Baoshan
International Trade Corp./Bao Steel Metals Trading Corp.
(``Baosteel''), Hunan Valin Xiangtan Iron & Steel Co., Ltd. (``Hunan
Valin''), Anshan Iron & Steel Group (``Anshan''), and China
Metallurgical Import and Export Liaoning Company (``Liaoning'').
---------------------------------------------------------------------------
DATES: Effective Date: December 11, 2012.
FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations,
Office 4, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0989.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2012, the Department published its Preliminary Results
of the AR of the antidumping order on CTL plate from the PRC covering
the period November 1, 2010, through October 31, 2011. On September 10,
2012, Nucor Corporation (``Petitioners'') commented on the Department's
Preliminary Results. No other parties commented on the Preliminary
Results.
Analysis of the Comments Received
All issues raised in Petitioner's case brief in this AR are
addressed in the memorandum from Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration, ``Issues and
Decision Memorandum for the Final Results of the Antidumping
Administrative Review and Final Determination of No Shipments--Certain
Cut-to-Length Carbon Steel Plate from the People's Republic of China''
(``I&D Memorandum''), which is dated concurrently with this notice and
which is hereby adopted by this notice. A list of the issues addressed
in the I&D Memorandum is appended to this notice. The I&D Memorandum is
a public document and is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Services System (``IA ACCESS). Access to IA ACCESS is
available to registered users at http://iaaccess.trade.gov and in the
Central Records Unit of the main Commerce Building, Room 7046. In
addition, a complete version of the I&D Memorandum is accessible on the
[[Page 73617]]
Department's Web site at http://www.trade.gov/ia/. The signed I&D
Memorandum and electronic versions of the I&D Memorandum are identical
in content.
Changes Since the Preliminary Results
We have made no changes from the Preliminary Results.
Scope of the Order
The product covered by the order is certain CTL plate from the
People's Republic of China, subject to certain exceptions. Imports of
subject merchandise are classified under the Harmonized Tariff Schedule
of the United States (``HTSUS'') under subheadings: 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, 7212.40.5000, 7212.50.0000.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the order is
dispositive.\2\
---------------------------------------------------------------------------
\2\ For a full description of the scope of the order, see
Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate
From the People's Republic of China; Termination of Suspension
Agreement and Notice of Antidumping Duty Order, 68 FR 60081 (October
21, 2003).
---------------------------------------------------------------------------
Final Determination of No Shipments
As noted in the Preliminary Results, the Department determined that
Baosteel and Hunan Valin did not have any reviewable transactions
during the POR.\3\ While Petitioner commented in its case brief on the
possibility that Baosteel or Hunan Valin could have had sales of
subject merchandise during the POR, as stated in the I&D Memorandum at
Comment 3, we continue to find that neither party had shipments during
the POR. Therefore, we will issue instructions to U.S. Customs and
Border Protection (``CBP'') for both companies in the manner stated
below.
---------------------------------------------------------------------------
\3\ See Preliminary Results, 77 FR at 47594.
---------------------------------------------------------------------------
Assessment
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review. The Department intends to instruct CBP to
liquidate entries of subject merchandise from Anshan and Liaoning at
the PRC-wide rate of 128.59 percent. Additionally, pursuant to a
recently announced refinement to its assessment practice in nonmarket
economy cases, because the Department continues to determine that
Baosteel and Hunan Valin had no shipments of the subject merchandise,
any suspended entries that entered under these exporters' case numbers
(i.e., at that exporter's rate) will be liquidated at the PRC-wide
rate. For a full discussion of this practice, see Non-Market Economy
Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this AR for all shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided for by
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (``the
Act''): (1) For Baosteel and Hunan Valin, which claimed no shipments,
the cash deposit rate will remain unchanged from the rate assigned to
these companies in the most recently completed review of the companies;
(2) for previously investigated or reviewed PRC and non-PRC exporters
who are not under review in this segment of the proceeding but who have
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all PRC
exporters of subject merchandise that have not been found to be
entitled to a separate rate, including Anshan and Liaoning, the cash
deposit rate will be the PRC-wide rate of 128.59 percent; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporter(s) that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This notice of the final results of the administrative review is
issued and published in accordance with sections 751(a)(1) and 777(i)
of the Act and 19 CFR 351.213(d)(4).
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
Issue 1: Whether Anshan and Lioaning Should be Treated as Part of
the PRC-wide Entity
Issue 2: Whether Hunan Valin Should be Treated as Part of the PRC-
wide Entity
Issue 3: Whether the Department Should Continue to Review Baosteel's
and Hunan Valin's POR Shipments
[FR Doc. 2012-29887 Filed 12-10-12; 8:45 am]
BILLING CODE 3510-DS-P