[Federal Register: May 10, 2005 (Volume 70, Number 89)]
[Notices]
[Page 24512-24513]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my05-24]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-122-503)
Certain Iron Construction Castings from Canada; Five-year
(``Sunset'') Review of Antidumping Duty Order; Final Results
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Summary: On October 1, 2004, the Department of Commerce (``the
Department'') initiated a sunset review of the antidumping duty order
on certain iron construction castings (``iron castings'') from Canada.
On the basis of the notice of intent to participate, and an adequate
substantive response filed on behalf of the domestic interested parties
and an inadequate response from respondent interested parties, the
Department conducted an expedited sunset review. As a result of this
review, the Department finds that revocation of the antidumping duty
order would likely lead to continuation or recurrence of dumping at the
levels listed below in the section entitled ``Final Results of
Review.''
EFFECTIVE DATE: May 10, 2005.
FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC, 20230; telephone: (202) 482-5050.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2004, the Department initiated a sunset review of the
antidumping duty order on iron castings from Canada pursuant to section
751(c) of the Tariff Act of 1930, as amended (``the Act''). See
Initiation of Five-year (``Sunset'') Reviews, 69 FR 58890 (October 1,
2004). The Department received a Notice of Intent to Participate on
behalf of Deeter Foundry, Inc., East Jordan Iron Works, Inc., LeBaron
Foundry, Inc., Leed Foundry, Inc., Municipal Castings, Inc., Neenah
Foundry Company, Tyler Pipe Company, and U.S. Foundry &
[[Page 24513]]
Manufacturing Co. (collectively, ``domestic interested parties''),
within the deadline specified in section 351.218(d)(1)(i) of the
Department's regulations. Domestic interested parties claimed
interested party status under section 771(9)(C) of the Act as U.S.
producers of the subject merchandise. The Department notes that Tyler
Pipe is a U.S. producer of light castings only and is not an interested
party in this proceeding.
The Department received a complete response from the domestic
interested parties within the deadline specified in the Department's
regulations under section 351.218(d)(3)(i). However, the Department
received no responses from respondent interested parties as required in
section 351.218(d)(3)(i) of the Department's regulations. As a result,
the Department conducted an expedited sunset review pursuant to section
751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the
Department's regulations.
Scope of the Order
The merchandise subject to the antidumping duty order consists of
certain iron construction castings from Canada, limited to manhole
covers, rings, and frames, catch basin grates and frames, clean-out
covers and frames used for drainage or access purposes for public
utility, water and sanitary systems, classifiable as ``heavy'' castings
under Harmonized Tariff Schedule (``HTS'') item number 7325.10.0010.
These articles must be of cast iron, not alloyed, and not malleable.
On September 23, 1998, the Department issued final results of a
changed circumstances review, in which the Department revoked the order
with respect to ``light'' castings. As a result, only one HTS item
number applies to this order. That number, HTS item number 7325.10.000,
is provided for convenience and customs purposes only. The written
description remains dispositive.
Analysis of Comments Received
All issues raised in this case are addressed in the ``Issues and
Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen,
Acting Director, Office of Policy, Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for Import Administration, dated
May 2, 2005, which is hereby adopted by this notice. The issues
discussed in the Decision Memo include the likelihood of continuation
or recurrence of dumping and the magnitude of the margin likely to
prevail if the order were revoked. Parties can find a complete
discussion of all issues raised in this sunset review and the
corresponding recommendations in this public memo, which is on file in
room B-099 of the main Department Building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the
heading ``May 2005.'' The paper copy and electronic version of the
Decision Memo are identical in content.
Final Results of Review
We determine that revocation of the antidumping duty order on iron
castings from Canada would likely lead to continuation or recurrence of
dumping at the following percentage weighted-average margins:
------------------------------------------------------------------------
Weighted-Average
Manufacturers/Exporters/Producers Margin (Percent)
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Bibby Ste. Croix Foundries, Inc..................... 8.60
LaPerle Foundry, Ltd................................ 4.40
Mueller Canada, Inc................................. 9.80
All Others.......................................... 7.50
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This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with section 351.305 of the
Department's regulations. Timely notification of the return or
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 violation which is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: May 2, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2291 Filed 5-9-05; 8:45 am]