[Federal Register: February 6, 2008 (Volume 73, Number 25)]
[Notices]
[Page 6929-6930]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe08-25]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-808]
Certain Cut-to-Length Carbon Steel Plate from the Russia;
Preliminary Results of Administrative Review of the Suspension
Agreement
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results of the Administrative Review of
the Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate
from the Russia.
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SUMMARY: In response to a request from Nucor Corporation (Nucor), a
domestic interested party, the Department of Commerce (the Department)
is conducting an administrative review of the Agreement Suspending the
Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate
from the Russian Federation (the Agreement) for the period January 1,
2006 through December 31, 2006, to review the current status of the
Agreement and compliance with the Agreement by Joint Stock Company
Severstal (Severstal). For the reasons stated in this notice, the
Department preliminarily determines that Severstal is in compliance
with the Agreement. The preliminary results are set forth in the
section titled ``Preliminary Results of Review,'' infra. Interested
parties are invited to comment on these preliminary results. Parties
who submit comments are requested to provide: (1) a statement of the
issues, and (2) a brief summary of the arguments.
EFFECTIVE DATE: February 6, 2008.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jay Carreiro,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230, telephone: (202) 482-0162 or (202) 482-3674.
SUPPLEMENTARY INFORMATION:
Background
On December 20, 2002, the Department signed an agreement under
section 734(b) of the Tariff Act of 1930, as amended (the Act), with
Russian steel producers/exporters, including Severstal, which suspended
the antidumping duty investigation on certain cut-to-length carbon
steel plate (CTL plate) from Russia. See Suspension of Antidumping Duty
Investigation: Certain Cut-to-Length Carbon Steel Plate from the
Russian Federation, 68 FR 3859 (January 27, 2003) (Suspension
Agreement).
On January 3, 2007, Nucor submitted a request for an administrative
review pursuant to Antidumping or Countervailing Duty Order, Finding,
or Suspended Investigation; Opportunity to Request Administrative
Review, 72 FR 99 (January 3, 2007). On March 14, 2007, and October 5,
2007, the Department issued its Questionnaire and Supplemental
Questionnaire, respectively, to Severstal. Severstal submitted its
responses on April 20, 2007, and October 26, 2007, respectively.
On October 1, 2007, the Department postponed the preliminary
results of this review until January 31, 2008. See Notice of Extension
of Time Limit for the Preliminary Results of Administrative Review of
the Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate
from Russia, 72 FR 55744 (October 1, 2007).
[[Page 6930]]
Scope of Review
The products covered by the Agreement are hot-rolled iron and non-
alloy steel universal mill plates (i.e., flat-rolled products rolled on
four faces or in a closed box pass, of a width exceeding 150 mm but not
exceeding 1250 mm and of a thickness of not less than 4 mm, 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
iron and non-alloy steel flat-rolled products not in coils, 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 mm or more in thickness and of a
width which exceeds 150 mm and measures at least twice the thickness.
Included as subject merchandise in this petition are flat-rolled
products of nonrectangular 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
bevelled or rounded at the edges. This merchandise is currently
classified in the Harmonized Tariff Schedule of the United States (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. Excluded from
the subject merchandise within the scope of this Agreement is grade X-
70 plate. Although the HTS subheadings are provided for convenience and
customs purposes, our written description of the scope of this
investigation is dispositive.
Period of Review
The period of review (POR) is January 1, 2006 through December 31,
2006.
Preliminary Results of Review
Section 751(a)(1)(C) of the Act specifies that the Department shall
``review the current status of, and compliance with, any agreement by
reason of which an investigation was suspended.'' In this case, the
Department and Severstal signed the Agreement, which suspended the
underlying antidumping duty investigation, on December 20, 2002.
Pursuant to the Agreement, each signatory producer/exporter
individually agrees to make any necessary price revisions to eliminate
completely any amount by which the normal value (NV) of the subject
merchandise exceeds the U.S. price of its merchandise subject to the
Agreement. SeeSuspension Agreement , 68 FR at 3860-61. For this
purpose, the Department determines, on a semi-annual basis and as
requested by a signatory, the NV in accordance with section 773(e) of
the Act, and U.S. price in accordance with section 772 of the Act.
Further, the Department calculates the NV for purposes of the Agreement
by adjusting the constructed value; in effect, any expenses uniquely
associated with the covered products sold in the domestic market are
subtracted from the constructed value, and any such expenses which are
uniquely associated with the covered products sold in the United States
are added to the constructed value to calculate the NV. See Suspension
Agreement at Appendix A.
On March 14, 2007 and October 5, 2007, the Department issued its
questionnaire and supplemental questionnaire, respectively, to
Severstal. Severstal submitted its responses on April 20, 2007 and
October 26, 2007, respectively. Neither Nucor nor any other interested
party has submitted comments to date. Our review of the information
submitted by Severstal indicates that the company has adhered to the
terms of the Agreement. In its questionnaire response, Severstal
describes the system which it and its U.S. sales arm, Severstal Export
GmbH, have established to ensure that each product sold to the United
States is sold at or above the relevant NV. See Severstal Questionnaire
Response, pages 7-9. Severstal indicates that it is committed to
compliance with the Agreement and that its system of compliance has
worked well since it began shipping subject merchandise under the
Agreement. Severstal further indicates that neither it nor any of its
affiliates made any sales of the subject merchandise into the United
States below the appropriate NVs during the POR. See Severstal
Questionnaire Response, page 9. In response to the Department's
questionnaire, Severstal states that it did not sell the subject
merchandise during the POR to customers in Canada or other third
countries that was destined for the United States and is not aware of
any such sales. See Severstal Questionnaire Response, page 10.
The Department finds no evidence in the information submitted of
any discrepancies in Severstal's exports to the United States, either
directly or through third countries, which would constitute a violation
of the Agreement. Furthermore, the Department examined Severstal's
reported sales and cost information covering the POR for purposes of
calculating and releasing requested NVs to Severstal on December 20,
2006, and June 20, 2007. See December 20, 2006, letter from Ronald K.
Lorentzen to JSC Severstal with attachments. See also June 20, 2007,
letter from Ronald K. Lorentzen to JSC Severstal with attachments. The
Department also verified Severstal's reported sales covering the period
from January 1, 2006, through June 30, 2006, in October 2006. See
``Sales Verification Report'' Memorandum from Jonathan Herzog through
Judith Wey Rudman to Case File (November 16, 2006). Therefore, in light
of the record evidence described above, we preliminarily determine that
Severstal has been in compliance with the Agreement.
Public Comment
An interested party may request a hearing within 30 days of
publication of these preliminary results. See 19 C.F.R. 351.310(c). Any
hearing, if requested, will be held 37 days after the date of
publication, or the first business day thereafter, unless the
Department alters the date per 19 CFR 351.310(d). Interested parties
may submit case briefs no later than 30 days after the date of
publication of these preliminary results of review. See 19 C.F.R.
351.309(c). Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than 35 days after the date of
publication of this notice. See 19 C.F.R. 351.309(d). Parties who
submit comments in these proceedings are requested to provide: (1) a
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities. Further, parties submitting case briefs and/or
rebuttal briefs are requested to provide the Department with an
additional copy of the public version of any such briefs on diskette.
The Department will issue the final results of this administrative
review, including the results of our analysis of the issues raised in
any written comments or at a hearing, if requested, within 120 days of
publication of these preliminary results.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: January 31, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-2176 Filed 2-5-08; 8:45 am]
BILLING CODE 3510-DS-S