[Federal Register: September 26, 2007 (Volume 72, Number 186)]
[Notices]
[Page 54640-54642]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se07-44]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-824]
Implementation of the Findings of the WTO Panel in US-Zeroing
(EC); Notice of Determination Under Section 129 of the Uruguay Round
Agreements Act: Antidumping Duty Order on Stainless Steel Sheet and
Strip in Coils From Italy
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 31, 2007, the U.S. Trade Representative instructed
the Department of Commerce (the Department) to implement the
Department's findings under section 129 of the Uruguay Round Agreements
Act (URAA) regarding the offsetting of dumped sales with non-dumped
sales in the above-referenced investigation involving average-to-
average transactions. The Department issued its finding on August 20,
2007, for stainless steel sheet and strip in coils from Italy (Italy
SSSS) for ThyssenKrupp Acciai Speciali Terni S.P.A. and ThyssenKrupp
AST USA, Inc. (collectively ``TKAST'').\1\ The Department hereby
implements that finding.
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\1\ On April 30, 2007, the Department implemented the findings
of the World Trade Organization (WTO) with respect to eleven
investigations challenged by the European Communities. For the
reasons detailed below, the final determination for stainless steel
sheet and strip in coils from Italy was not included in the April
30, 2007, final determinations. See Implementation of the Findings
of the WTO Panel in US-Zeroing (EC): Notice of Determinations Under
Section 129 of the Uruguay Round Agreements Act and Revocations and
Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261
(May 4, 2007) (Implementation Notice).
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DATES: The effective date of this determination is August 31, 2007.
FOR FURTHER INFORMATION CONTACT: Daniel O'Brien, William Kovatch, or
Michael Rill, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-
1376, (202) 482-5052, or (202) 482-3058, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 54641]]
Background
On February 22, 2007, the Department initiated twelve proceedings
under section 129 of the URAA to implement the WTO dispute settlement
panel's report in United States--Laws, Regulations and Methodology for
Calculating Dumping Margins (``Zeroing'') (WT/DS294). See
Implementation of the Findings of the WTO Panel in U.S. Zeroing (EC):
Notice of Initiation of Proceedings Under Section 129 of the URAA;
Opportunity to Request Administrative Protective Orders; and Proposed
Timetable and Procedures, 72 FR 9306 (March 1, 2007). In each
proceeding, the Department recalculated the weighted-average dumping
margin, applying the calculation methodology described in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin During
an Antidumping Investigation; Final Modification, 71 FR 77722 (December
27, 2006).
On February 26, 2007, the Department issued its preliminary
determinations and requested comments. See Memorandum from Stephen J.
Claeys, Deputy Assistant Secretary, to David M. Spooner, Assistant
Secretary, Regarding Section 129 Determinations: Calculation of the
Weighted-Average Margins dated February 26, 2007 (Preliminary
Determination). TKAST, Allegheny Ludlum Corporation, Armco Inc., J&L
Specialty Steel, Inc., Washington Steel Division of Bethlehem Steel
Corporation, the United Steelworkers of America, AFL-CIO/CLC, the
Butler Armco Independent Union, and the Zanesville Armco Independent
Organization, Inc., (collectively, ``petitioners'') and the European
Union submitted case briefs with respect to Italy SSSS. TKAST and
petitioners submitted rebuttal briefs. In its comments to the
Department, TKAST alleged clerical errors in the Department's margin
calculation in the less-than-fair-value investigation and Preliminary
Determination. Because of these allegations, we placed the original
less-than-fair-value investigation record onto the record of this 129
proceeding and invited interested parties to provide comments on
computational errors that may have been present in the Department's
recalculation of the weighted-average dumping margin with respect to
TKAST. See the Department's Memo to the File from Angelica Mendoza,
Program Manager, and Stephen Bailey, Case Analyst, through Richard
Weible, Office Director, AD/CVD Operations/OFC 7, to the File, titled
Placement of Record from the Less-Than-Fair-Value Investigation onto
the Record of the Section 129 Determination, dated April 19, 2007. The
Department also held two public hearings at the request of TKAST.
Because of the two hearings, and the placement of the original less-
than-fair-value investigation record onto the record of this 129
proceeding, the Department was delayed in issuing its final
determination with respect to Italy SSSS.
On August 20, 2007, the Department issued its final results for the
Section 129 Determination with respect to Italy SSSS. See the
Department's Memo to David M. Spooner, Assistant Secretary for Import
Administration from Gary Taverman, Acting Deputy Assistant Secretary
for Import Administration, titled Issues and Decision Memorandum for
the Final Results of the Section 129 Determination, dated August 20,
2007 (Issues and Decision Memorandum). On August 28, 2007, TKAST
submitted an allegation of ministerial errors and on August 31, 2007,
petitioners filed their response to TKAST's ministerial error
submission. The Department intends to address all ministerial error
comments in a subsequent memorandum.
On August 24, and August 28, 2007, consistent with section
129(b)(3) of the URAA, the U.S. Trade Representative held consultations
with the Department and the appropriate congressional committees with
respect to this determination. On August 31, 2007, in accordance with
sections 129(b)(4) and 129(c)(1)(B) of the URAA, the U.S. Trade
Representative directed the Department to implement this determination.
Nature of the Proceedings
Section 129 of the URAA governs the nature and effect of
determinations issued by the Department to implement findings by WTO
dispute settlement panels and the Appellate Body. Specifically, section
129(b)(2) provides that ``notwithstanding any provision of the Tariff
Act of 1930,'' within 180 days of a written request from the U.S. Trade
Representative, the Department shall issue a determination that would
render its actions not inconsistent with an adverse finding of a WTO
panel or the Appellate Body. See 19 U.S.C. 3538(b)(2). The Statement of
Administrative Action accompanying the Uruguay Round Agreements Act,
H.R. Rep. No. 103-316, Vol. 1, 103d Cong. (1994) (SAA), reprinted in
1994 U.S.C.C.A.N. 4040, variously refers to such a determination by the
Department as a ``new,'' ``second,'' and ``different'' determination.
See SAA at 1025, 1027; 19 U.S.C.C.A.N. at 4313-14. After consulting
with the Department and the appropriate congressional committees, the
U.S. Trade Representative may direct the Department to implement, in
whole or in part, the new determination made under section 129.
See 19 U.S.C. 3538(b)(4). Pursuant to section 129(c), the new
determination shall apply with respect to unliquidated entries of the
subject merchandise that are entered, or withdrawn from warehouse, for
consumption on or after the date on which the U.S. Trade Representative
directs the Department to implement the new determination. See 19
U.S.C. 3538(c). The new determination is subject to judicial review
separate and apart from judicial review of the Department's original
determination. See 19 U.S.C. 1516a(a)(2)(B)(vii).
Analysis of Comments Received
The issues raised in the case and rebuttal briefs submitted by
interested parties to this proceeding are addressed in the Issues and
Decision Memorandum, which is hereby adopted by this notice. The Issues
and Decision Memorandum is on file in the Central Records Unit (CRU),
room B-099 of the Department of Commerce main building and can be
accessed directly at http://ia.ita.doc.gov/frn. The paper copy and
electronic version of the Issues and Decision Memorandum are identical
in content. A list of the issues addressed in the Issues and Decision
Memorandum is appended to this notice.
Final Dumping Margins
The margin for TKAST decreases from 11.23 percent to 2.11 percent.
The all-others rate changes from 11.23 percent to 2.11 percent.
Cash Deposit and Continuation of the Suspension of Liquidation
On August 31, 2007, in accordance with sections 129(b)(4) and
129(c)(1)(B) of the URAA, the U.S. Trade Representative, after
consulting with the Department and Congress, directed the Department to
implement this determination.
Therefore, we will instruct U.S. Customs and Border Protection
(CBP) to continue to suspend liquidation of all entries of subject
merchandise from all exporters or producers. CBP shall continue to
require a cash deposit equal to the estimated amount by which the
normal value exceeds the U.S. price. The suspension of liquidation
instructions will remain in effect until further notice. The Section
129 Determination all-others rate will be the new cash deposit rate for
all exporters of subject merchandise for whom the Department has not
calculated an
[[Page 54642]]
individual rate, which is 2.11 percent. The cash deposit rates will
remain unchanged for those companies whose cash deposit rates since the
original investigation have been superseded by administrative reviews.
This Section 129 Determination is issued and published in
accordance with section 129(c)(2)(A) of the URAA. See 19 U.S.C.
3538(c)(2)(A).
Dated: September 20, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
Appendix I--Issues Raised in the Issues and Decision Memorandum
Comment 1: Clerical Error Allegations.
Comment 2: Whether the Department Has the Authority to Implement the
WTO Appellate Body Decision.
Comment 3: The Court of International Trade Remand.
[FR Doc. E7-18991 Filed 9-25-07; 8:45 am]
BILLING CODE 3510-DS-P