[Federal Register: January 18, 2008 (Volume 73, Number 13)]
[Notices]
[Page 3452]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja08-31]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-485-803]
Certain Cut-to-Length Carbon Steel Plate From Romania: Amended
Final Results of Antidumping Duty Administrative Review Pursuant to
Final Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 7, 2007, the United States Court of International
Trade (CIT) affirmed the final remand results made by the Department of
Commerce (the Department) pursuant to the CIT's remand of the final
results of the antidumping duty administrative review of the
antidumping order on certain cut-to-length carbon steel plate from
Romania. See Mittal Steel Galati S.A., Formerly Known as Ispat Sidex
S.A. v. United States, Slip Op. 07-110 (CIT July 18, 2007) (Mittal
Steel). As the CIT's decision affirming the final remand results was
not appealed to the Court of Appeals for the Federal Circuit, the CIT's
decision is final, and we are amending the final results of the review
in this matter. We will instruct U.S. Customs and Border Protection
(CBP) to liquidate entries subject to these amended final results.
DATES: Effective Date: January 18, 2008.
FOR FURTHER INFORMATION: John Drury or Angelica Mendoza, AD/CVD
Operations, Office 7, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-0195 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 15, 2005, the Department published the final results of
the administrative review for certain cut-to-length carbon steel plate
from Romania covering the period August 1, 2002, through July 31, 2003.
See Certain Cut-to-Length Carbon Steel Plate from Romania: Notice of
Final Results and Final Partial Rescission of Antidumping Duty
Administrative Review, 70 FR 12651 (March 15, 2005) (Final Results),
and accompanying Issues and Decision Memorandum. On April 13, 2005,
Mittal Steel Galati S.A. (Mittal) filed a summons at the CIT
challenging the Final Results. On July 18, 2007, the Court issued its
opinion in Mittal Steel remanding two issues to the Department (i.e.,
the Department's decision to value iron scrap as a material input and
the Department's choice of a surrogate value for limestone), and
affirming the Department on a third issue (i.e., the Department's
rejection of the use of data from Mittal's Algerian affiliate in
deriving surrogate financial ratios). The CIT also did not order the
re-liquidation of certain entries of subject merchandise that were
liquidated prior to the expiration of the statutory time limit for
appeal, and prior to Mittal's application for a preliminary injunction,
as Mittal had requested.
In accordance with the CIT's remand order, the Department filed its
remand results on October 1, 2007. In those remand results, the
Department provided an offset for scrap generated and re-used in the
production process by Mittal, and reconsidered its valuation of the
limestone input used to manufacture cut-to-length carbon steel plate
for this proceeding. As a result, the Department recalculated the
antidumping duty rate applicable to Mittal at 7.29 percent for the
period of review.
On November 7, 2007, the CIT affirmed the Department's final
results pursuant to remand. See Mittal Steel Galati S.A., Formerly
Known as Ispat Sidex S.A. v. United States, Slip Op. 07-164 (CIT
November 7, 2007) . There was no appeal of the CIT's decision to the
U.S. Court of Appeals for the Federal Circuit filed within the appeal
period. Therefore, the CIT's decision is now final and conclusive.
Amendment to Final Results
We are now amending the final results of this administrative review
to reflect the final and conclusive decision of the CIT. The changes to
our calculations with respect to Mittal resulted in a change in the
weighted-average margin from 13.50 percent to 7.29 percent for the
period of review. The Department will instruct CBP to liquidate entries
of certain cut-to-length carbon steel plate from Romania produced by,
exported to, or imported into the United States by Mittal during the
review period at the assessment rates the Department calculated for
these amended final results of review. We intend to issue the
assessment instructions to CBP 15 days after the date of publication of
these amended final results of review.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: January 11, 2008.
David Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-898 Filed 1-17-08; 8:45 am]
BILLING CODE 3510-DS-P