[Federal Register: March 19, 2003 (Volume 68, Number 53)]
[Notices]
[Page 13260-13262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr03-38]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-809]
Certain Cut-to-length Carbon Steel Plate From Mexico: 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.
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SUMMARY: The Department of Commerce (the Department) has conducted an
administrative review of the antidumping duty order on certain cut-to-
length carbon steel plate (steel plate) from Mexico (A-201-809)
manufactured by Altos Hornos de Mexico, S.A. de C.V. (AHMSA). The
period of review (POR) is August 1, 2000, through July 31, 2001. We
determine that AHMSA made no sales of steel plate below the normal
value (NV). We will instruct the U.S. Customs Service to assess no
antidumping duties on AHMSA's entries.
EFFECTIVE DATE: March 19, 2003.
[[Page 13261]]
FOR FURTHER INFORMATION CONTACT: Thomas Killiam, Mike Heaney, or Robert
James, AD/CVD Enforcement, Group III, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC. 20230, telephone:
(202) 482-5222, (202) 482-4475, or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2002, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty order, and invited
parties to comment. See Preliminary Results of Antidumping Duty
Administrative Review: Certain Cut-to-Length Carbon Steel Plate From
Mexico, 67 FR 58015 (September 13, 2002) (Preliminary Results).
Subsequently, we published a Notice of Extension of Time Limit for
Final Results in Antidumping Duty Administrative Review, 67 FR 68833
(November 13, 2002). We verified the sales information submitted by
AHMSA. Our verification findings are outlined in the verification
report in the case file: see Memorandum For: The File, ``Verification
of the sales and cost data submitted by Alto Hornos de Mexico S.A. de
C.V. (AHMSA) from Mexico,'' January 7, 2003. AHMSA submitted a case
brief on January 22, 2003. The petitioners submitted a rebuttal brief
on January 29, 2003.
Scope of the Review
The products covered in this review include 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
exceeding 1,250 millimeters and of a thickness of not less than 4
millimeters, not in coil 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
Harmonized Tariff Schedule (HTS) under item numbers 7208.31.0000,
7208.32.0000, 7208.33.1000, 7208.33.5000, 7208.41.0000, 7208.42.0000,
7208.43.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.11.0000,
7211.12.0000, 7211.21.0000, 7211.22.0045, 7211.90.0000, 7212.40.1000,
7212.40.5000, and 7212.50.0000. Included in this review are flat-rolled
products of non-rectangular cross-section where such cross-section is
achieved subsequent to the rolling process products which have been
``worked after rolling''); for example, products which have been
beveled or rounded at the edges. Excluded from this review is grade X-
70 plate.
These HTS item numbers are provided for convenience and U.S.
Customs purposes. The written descriptions remain dispositive.
Analysis of Comments Received
The issues raised by the parties in the case brief and the rebuttal
brief are listed in the Appendix to this notice and are addressed in
the ``Issues and Decision Memorandum'' (Decision Memorandum) from
Barbara E. Tillman, Acting Deputy Assistant Secretary, to Joseph A.
Spetrini, Acting Assistant Secretary, dated March 12, 2003, which is
hereby adopted by this notice, and on file in Import Administration's
Central Records Unit, Room B-099 of the main Department of Commerce
Building. The Decision Memorandum can be accessed directly from the
Internet at http://ia.ita.doc.gov. The paper and electronic versions of
the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have revised the
interest expense ratios for AHMSA. See the Decision Memorandum.
Final Results of Review
We determine that the following percentage weighted-average margins
exist for the period August 1, 2000, through July 31, 2001:
Certain Cut-to-Length Carbon Steel Plate From Mexico
------------------------------------------------------------------------
Weighted-
average
Producer/manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
AHMSA...................................................... 0
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Assessment Rates
The Department will determine, and the Customs Service shall
assess, zero antidumping duties on all appropriate entries. In
accordance with 19 CFR 351.212(b)(1), we have calculated a customer-
specific assessment rate for merchandise subject to this review. The
Department will issue appropriate assessment instructions directly to
the Customs Service within 15 days of publication of these final
results of review. We will direct the Customs Service to assess the
resulting zero assessment rates against the entered, customs values for
the subject merchandise on customer's entries during the review period.
Cash Deposit Rates
In addition, the following deposit requirements will be effective
upon publication of this notice for all shipments of steel plate from
Mexico entered or withdrawn from warehouse, for consumption on or after
the date of publication, as provided by section 751(a)(1) of the Tariff
Act: (1) For the company reviewed, the cash deposit rate will be the
rate listed above, (2) for merchandise exported by manufacturers or
exporters not covered in this review but covered in a previous segment
of this proceeding, the cash deposit rate will continue to be the
company-specific rate published in the most recent final results in
which that manufacturer or exporter participated; (3) if the exporter
is not a firm covered in this review or in any previous segment of this
proceeding, 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 in the most recent segment of the proceeding in
which that manufacturer participated; and (4) if neither the exporter
nor the manufacturer is a firm covered in this review or in any
previous segment of this proceeding, the cash deposit rate will be
49.25 percent, the ``all others'' rate established in the LTFV
investigation (58 FR 44165, August 19, 1993). These deposit
requirements shall remain in effect until publication of the final
results of the next administrative review.
This notice also 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 antidumping duties occurred, and in the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
[[Page 13262]]
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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.
We are issuing and publishing this determination in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act, and 19 CFR 351.214.
Dated: March 12, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum1. Gain on Monetary
Position in Financial Expense Ratio.
2. Debt Default.
3. Product Specifications Error in the Model Match.
4. Net Price Calculation Errors.
5. Billing Adjustments and Packing Costs in Selling Expenses
Calculation.
6. Plate-cutting Fees Excluded from Selling Expenses.
[FR Doc. 03-6479 Filed 3-18-03; 8:45 am]