[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Notices]
[Pages 13458-13459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1218]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-822]
Certain Corrosion-Resistant Carbon Steel Flat Products From
Canada: Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On September 13, 2004, the Department of Commerce (Department)
published the preliminary results of its administrative review of the
antidumping duty order on certain corrosion-resistant carbon steel flat
products (CORE) from Canada. See Certain Corrosion-Resistant Carbon
Steel Flat Products From Canada: Preliminary Results of Antidumping
Duty Administrative Review, 69 FR 55138 (September 13, 2004)
(Preliminary Results). The review covers shipments of this merchandise
to the United States for the period August 1, 2002, through July 31,
2003, by Stelco Inc. (``Stelco'') and the group of Dofasco Inc.,
Sorevco Inc., and Do Sol Galva Ltd. (``Dofasco'').
We gave interested parties an opportunity to comment on our
preliminary results. Based on our analysis of comments, we have made
changes to the preliminary results. For the final dumping margins see
the ``Final Results of Review'' section below.
EFFECTIVE DATE: March 21, 2005.
FOR FURTHER INFORMATION CONTACT: Sean Carey or Candice Kenney Weck, AD/
CVD Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3964 or (202) 482-0938, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2004, the Department published the Preliminary
Results. On October 8, 2004, the Department requested additional cost
information regarding its model match characteristic regarding surface
type. Dofasco submitted its response to this questionnaire on October
22, 2004.
We gave interested parties an opportunity to comment on our
Preliminary Results. On November 9, 2004 we received case briefs from
Russel Metals Export (``Russel'') and Parkdale International
(``Parkdale''), both are resellers and interested parties. On November
9, 2004, we received case briefs from Dofasco and United States Steel
Corporation (``Petitioner''). On November 15, 2004, Dofasco withdrew
Argument III from its case brief. On November 15, 2004, Petitioner
filed two rebuttal briefs addressing comments submitted by Dofasco,
Russel, and Parkdale. Stelco did not submit any briefs, and none of the
parties requested a hearing. The Department has now completed this
review in accordance with section 751 of the Tariff Act of 1930, as
amended (the Act).
Scope of the Review
The product covered by this antidumping duty order is certain
corrosion-resistant steel, and includes flat-rolled carbon steel
products, of rectangular shape, either clad, plated, or coated with
corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-,
nickel-or iron-based alloys, whether or not corrugated or painted,
varnished or coated with plastics or other nonmetallic substances in
addition to the metallic coating, in coils (whether or not in
successively superimposed layers) and of a width of 0.5 inch or
greater, or in straight lengths which, if of a thickness less than 4.75
millimeters, are of a width of 0.5 inch or greater and which measures
at least 10 times the thickness or if of a thickness of 4.75
millimeters or more are of a width which exceeds 150 millimeters and
measures at least twice the thickness, as currently classifiable in the
Harmonized Tariff Schedule (HTS) under item numbers 7210.30.0030,
7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.61.0000,
7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000,
7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7212.60.0000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060,
and 7217.90.5090. Included in this order are corrosion-resistant 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 from this order are
flat-rolled steel products either plated or coated with tin, lead,
chromium, chromium oxides, both tin and lead (``terne plate''), or both
chromium and chromium oxides (``tin-free steel''), whether or not
painted, varnished or coated with plastics or other nonmetallic
substances in addition to the metallic coating. Also excluded from this
order are clad products in straight lengths of 0.1875 inch or more in
composite thickness and of a width which exceeds 150 millimeters and
measures at least twice the thickness. Also excluded from this order
are certain clad stainless flat-rolled products, which are three-
layered corrosion-resistant carbon steel flat-rolled products less than
4.75 millimeters in composite thickness that consist of a carbon steel
flat-rolled product clad on both sides with stainless steel in a 20%-
60%-20% ratio.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum for the Final Results of the Administrative Review of the
Antidumping Duty Order on Certain Corrosion-Resistant Carbon Steel Flat
Products From Canada, from Barbara E. Tillman to Joseph A. Spetrini,
dated March 14, 2004 (Decision Memo), which is hereby adopted by this
notice.
A list of the issues which parties have raised and to which we have
responded, all of which are in the Decision Memo, is attached to this
notice as an appendix. Parties can find a complete discussion of all
issues raised in this review and the corresponding recommendations in
this public memorandum, which is on file in the Central Records Unit,
room B-099 of the main Commerce Building. In addition, a complete
version of the Decision Memo can be accessed directly on the Web at
http://ia.ita.doc.gov. The paper copy and electronic version of the
Decision Memo are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made certain
changes in the margin calculations for Dofasco. Any alleged programming
or ministerial errors are discussed in the relevant section of the
Decision Memo, accessible in room B-099 and on the Web at http://ia.ita.doc.gov. As a result of these changes, Dofasco's rate is no
longer de
[[Page 13459]]
minimis. We have made no changes to Stelco's margin for these final
results.
Final Results of Review
As a result of this review, we find that the following weighted-
average dumping margins exist for the period August 1, 2002, through
July 31, 2003:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Dofasco Inc., Sorevco, Inc., Do Sol Galva Ltd.............. 2.31
Stelco Inc................................................. 0.02
------------------------------------------------------------------------
Duty Assessment and Cash Deposit Requirements
The Department shall determine, and Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries. The
Department will issue appropriate appraisement instructions directly to
CBP within 15 days of publication of the final results of review.
Furthermore, the following deposit rates will be effective with respect
to all shipments of certain corrosion-resistant carbon steel flat
products from Canada entered, or withdrawn from warehouse, for
consumption on or after the publication date of the final results, as
provided for by section 751(a)(2)(C) of the Act: (1) For Dofasco, the
cash deposit rate will be the rate indicated above; (2) for Steloco,
the rate is de minimis and therefore, there is no cash deposit
requirement; (3) for previously reviewed or investigated companies not
listed above, the cash deposit rate will be the company-specific rate
established for the most recent period; (4) if the exporter is not a
firm covered in this review, a prior review, or the less-than-fair-
value (LTFV) investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the subject merchandise; and (5) for all other
producers and/or exporters of this merchandise, the cash deposit rate
shall be the ``all other'' rate established in the LTFV investigation,
which is 18.71 percent. The deposit rate, when imposed, 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 Sec. 351.402(f)(2) of the Department's
regulations 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 doubled antidumping
duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO as explained in the administrative order itself. 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 sanctionable violation.
This administrative review and notice are in accordance with
sections 751(a)(1)(A) and 777(i)(1) of the Act.
Dated: March 14, 2005.
Joseph A. Spetrini
Acting Assistant Secretary for Import Administration.
Appendix--List of Issues
1. Surface Type Characteristics for Model Match
2. New Assessment Policy for Resellers
3. Treatment of Channel ``2'' Sales
4. Calculation of CEP Profit
5. Sales Subject to Review
6. Margin Program Adjustments
7. Normal Value Currency Conversion
8. Identification of DJG in Customs Instructions
9. Inclusion of Importer in Liquidation Instructions
[FR Doc. E5-1218 Filed 3-18-05; 8:45 am]
BILLING CODE 3510-DS-P