[Federal Register Volume 62, Number 172 (Friday, September 5, 1997)] [Notices] [Pages 46947-46949] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-23607] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-401-805] Certain Cut-to-Length Carbon Steel Plate From Sweden: Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of final results of antidumping duty administrative review. ----------------------------------------------------------------------- SUMMARY: On May 14, 1997, the Department of Commerce (the Department) published the preliminary results of its administrative review of the antidumping duty order on certain cut-to-length carbon steel plate from Sweden. This review covers one manufacturer/exporter, SSAB Svenskt Stal AB (SSAB), of the subject merchandise for the period August 1, 1995 through July 31, 1996. We gave interested parties an opportunity to comment on our preliminary results. We received no comments and have not changed the results from those presented in the preliminary results of review. EFFECTIVE DATE: September 5, 1997. FOR FURTHER INFORMATION CONTACT: Carrie Blozy, Doreen Chen, or Stephen Jacques, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 482-1391, (202) 482-0162, and (202) 482-3434, respectively. The Applicable Statute and Regulations: Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (the Tariff Act), are to the provisions effective January 1, 1995, the effective date of the amendments made to the Tariff Act by the Uruguay Round Agreements Act (URAA). In addition, unless otherwise indicated, all citations to the Department's regulations are to the regulations at 19 CFR 353 (1996). SUPPLEMENTARY INFORMATION: Background On May 14, 1997, the Department published in the Federal Register (62 FR 26473) the preliminary results of its administrative review of the antidumping duty order on certain cut-to-length carbon steel plate from Sweden (58 FR 44162). For the preliminary results, we were unable to calculate a margin based on SSAB's response and therefore determined its dumping margin entirely on the basis of facts available. This facts available determination relied upon adverse inferences, as the Department determined that SSAB had not cooperated by acting to the best of its ability in responding to requests for information. We gave interested parties an opportunity to comment on our preliminary results. We received no comments. We have now completed the administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of Review Certain cut-to-length plate includes hot-rolled carbon steel universal mill plates (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 millimeters but not [[Page 46948]] exceeding 1,250 millimeters and of a thickness of not less than 4 millimeters, not in coils and without patterns in relief), 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 hot-rolled carbon steel flat-rolled products in straight lengths, 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 millimeters or more in thickness and of a width which exceeds 150 millimeters and measures at least twice the thickness, as currently classifiable in the 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, 7212.50.0000. Included are flat-rolled products of non-rectangular cross-section where such cross- section is achieved subsequent to the rolling process (i.e., products which have been worked after rolling)--for example, products which have been beveled or rounded at the edges. Excluded is grade X-70 plate. These HTS item numbers are provided for convenience and Customs purposes. The written description remains dispositive. The period of review (POR) is August 1, 1995, through July 31, 1996. Use of Facts Available Following the initiation of this review, on September 17, 1996, the Department sent respondent a questionnaire seeking information necessary to conduct a review of any shipments that firm may have made to the United States during the POR. On October 21, 1996, the due date for section A of the Department's questionnaire, SSAB made a timely withdrawal of its request for a review of this POR. However, because petitioners had also requested an administrative review, the review was not terminated. Additionally, SSAB stated it would not be participating in the review and requested assignment, as facts available, of the first administrative review margin, 8.28 percent. Thus, SSAB refused to respond to all sections of the questionnaire. On January 8, 1997, petitioners requested that the Department assign to SSAB as facts available, 34 percent, the highest rate from the antidumping petition. SSAB made no attempt in this review to contact the Department to discuss how it should proceed, nor did it respond to any section of the questionnaire. Thus, the Department has found that, in not responding to the questionnaire, SSAB failed to cooperate by not acting to the best of its ability to comply with requests for information from the Department. Therefore, pursuant to section 776(b) of the Act, we may, in making our determination, use an adverse inference in selecting from the facts otherwise available. This adverse inference may include reliance on data derived from the petition, a previous determination in an investigation or review, or any other information placed on the record. In the previous segment of the proceeding, the Department chose an adverse facts available rate of 24.23%; this represented the average rate based on corroborated petition data. In this segment of the proceeding, we have chosen as adverse facts available the highest rate based on corroborated petition data, i.e., 34%. Our decision to use a rate higher than the average petition rate is consistent with our decision in the preceding administrative review because, in that review, ``while SSAB did not act to the best of its ability in responding to our cost information requests, it did cooperate with respect to certain aspects of this review.'' See Certain Cut-to-Length Carbon Steel Plate from Sweden, Preliminary Results of Antidumping Duty Administrative Review, 61 FR 51898, 51900 (October 4, 1996); see also, Certain Cut-to-Length Carbon Steel Plate from Sweden, Final Results of Antidumping Duty Administrative Review, 62 FR 18396, 18401 (April 15, 1997). In this case, SSAB, in contrast to its level of cooperation in the previous segment of the proceeding, has not cooperated at all with our requests for information. Section 776(b) authorizes the Department to use as adverse facts available information derived from the petition, the final determination, a previous administrative review, or other information placed on the record. Section 776(c) provides that the Department shall, to the extent practicable, corroborate ``secondary information'' by reviewing independent sources reasonably at its disposal. The SAA, at 870, makes it clear that ``secondary information'' includes information from the petition in the LTFV investigation and information from a previous section 751 review of the subject merchandise. The SAA also provides that ``corroborate'' means simply that the Department will satisfy itself that the secondary information to be used has probative value. Id. The Department used an average of the petition rates as total adverse facts available in the previous segment of this proceeding. The Department explained in that review that it had corroborated the petition information. Id. For the purposes of the final results, we continue to regard the petition information as corroborated. Duty Absorption Because we received no comments on duty absorption, we uphold the preliminary results on this issue. We find duty absorption on all sales. Final Results of Review As a result of our review, we determine the dumping margin (in percent) for the period August 1, 1995, through July 31, 1996 to be as follows: ------------------------------------------------------------------------ Margin Manufacturer/exporter (percent) ------------------------------------------------------------------------ SSAB........................................................ 34.00 ------------------------------------------------------------------------ The Department shall determine, and the U.S. Customs Service shall assess, antidumping duties on all appropriate entries. The Department will issue appraisement instructions directly to the Customs Service. Furthermore, the following deposit requirements will be effective upon publication of these final results for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date as provided by section 751(a)(1) of the Act: (1) The cash deposit rate for SSAB will be the rate stated above; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in the original LTFV investigation or previous review, the cash deposit will continue to be the most recent rate published in the final determination or final results for which the manufacturer or exporter received a company- specific rate; (3) if the exporter is not a firm covered in this review, or the original investigation, but the manufacturer is, the cash deposit rate will be that established for the manufacturer of the merchandise in these final results of review or the LTFV investigation; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous review, the cash deposit rate will be 24.23 percent, the all others rate established in the LTFV investigation. (See Certain Cut-to-Length Carbon Steel Plate from Sweden, Final Determination of Sales at Less Than Fair Value, 58 FR 37213 (July 9, 1993).) These deposit requirements [[Page 46949]] shall remain in effect until publication of the final results of the next administrative review. Notification of Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 353.26 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 antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 353.34(d)(1). 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 the terms of an APO is a sanctionable violation. This administrative review and notice are in accordance with section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22(c)(5). Dated: August 27, 1997. Robert S. LaRussa, Assistant Secretary for Import Administration. [FR Doc. 97-23607 Filed 9-4-97; 8:45 am] BILLING CODE 3510-DS-P