[Federal Register: October 21, 2003 (Volume 68, Number 203)]
[Notices]
[Page 60081-60083]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc03-40]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-849]
Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate
From the People's Republic of China; Termination of Suspension
Agreement and Notice of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Termination of the suspension agreement on certain cut-to-
length carbon steel plate from the People's Republic of China
(``China'') and notice of antidumping duty order.
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SUMMARY: On August 29, 2003, the Embassy of the People's Republic of
China (``the Embassy'') submitted a letter informally to the Department
of Commerce (``the Department'') announcing its intention to withdraw
from the suspension agreement on Certain Cut-to-Length Carbon Steel
Plate from the People's Republic of China (``the Agreement''). On
September 4, 2003, the letter was put on the public and official record
in the Central Records Unit (``CRU'') of the Department and interested
parties were notified (see Memo to the File: Interested Parties
Notified of the Withdrawal by the Government of the People's Republic
of China (``GOC'') from the Suspension Agreement (``the Agreement'') on
Certain Carbon Cut-to-length Plate (``CTL plate'') from China,
(December 10, 2003)). In accordance with Section XII of the Agreement,
termination of the Agreement shall be effective 60 days after notice of
termination of the Agreement is given to the Department. In 1997, the
underlying investigation was continued following the signature of the
Agreement, pursuant to section 734(g) of the Tariff Act of 1930, as
amended (``the Act''), resulting in an affirmative determination of
dumping and of material injury. Therefore, the Department is
terminating the Agreement and issuing an antidumping duty order,
effective November 3, 2003 (60 days from the official filing of the
request for termination), and will direct suspension of liquidation to
also begin on that date.
EFFECTIVE DATE: November 3, 2003.
FOR FURTHER INFORMATION CONTACT: Jean Kemp or Rachel Kreissl, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-4037 or (202) 482-0409, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 24, 1997, the Department signed an agreement with the
Government of the People's Republic of China (``GOC'') suspending the
antidumping investigation on CTL plate from China (see Suspension of
Antidumping Duty Investigation: Certain Cut-to-Length Carbon Steel
Plate From the People's Republic of China, 62 FR 61773 (November 19,
1997)). In accordance with section 734(g) of the Act, on November 20,
1997, the Department published its final determination of sales at less
than fair value in this case (see Final Determination of Sales at Less
Than Fair Value: Certain Cut-to-Length Carbon Steel Plate From the
People's Republic of China, 62 FR 61964 (November 20, 1997)), followed
by an
[[Page 60082]]
amended final on January 12, 1998 (see Amended Final Determination of
Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate
From the People's Republic of China, 63 FR 1821 (January 12, 1998)). On
December 17, 1997, the International Trade Commission (``ITC'')
determined that an industry in the United States was materially injured
by reason of imports of CTL plate from China that were being sold at
less than fair value (see Certain Carbon Steel Plate from China,
Russia, South Africa, and Ukraine, 62 FR 66128, Investigation No. 731-
TA-753-756 (Final) Publication 3076; December 17, 1997)).
Although notice of the opportunity to request an administrative
review was issued in November 1998, November 1999, October 2000,
October 2001, and October 2002, no review was ever requested by either
petitioners or respondents (see Antidumping or Countervailing Duty
Order, Finding, or Suspended Investigation: Opportunity To Request
Administrative Review, 63 FR 63287 (November 12, 1998)); Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation:
Opportunity To Request Administrative Review, 64 FR 62167 (November 16,
1999)); Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation: Opportunity To Request Administrative Review, 65 FR
63057 (October 20, 2000); Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation: Opportunity To Request
Administrative Review, 66 FR 49923 (October 1, 2001); and Antidumping
or Countervailing Duty Order, Finding, or Suspended Investigation:
Opportunity To Request Administrative Review, 67 FR 61849 (October 2,
2002)).
On September 3, 2002, the Department initiated (see Notice of
Initiation of Five-Year (``Sunset'') Reviews, 67 FR 56268 (September 3,
2002)) and the ITC instituted (see Institution of Five-year Reviews
Concerning the Suspended Investigations on Cut-to-length (CTL) Carbon
Steel Plate from China, Russia, South Africa, and Ukraine, 67 FR 56311
(September 3, 2002)) a sunset review of the agreement, pursuant to
section 751(c) of the Act. On December 9, 2002, the ITC determined to
conduct full five-year reviews pursuant to section 751(c)(5) of the Act
(see Notice of Commission Determinations to Conduct Full Five-year
Reviews Concerning the Antidumping Duty Orders on Cut-to-length Carbon
Steel Plate from China, Russia, South Africa, and Ukraine, 67 FR 77803
(December 19, 2002)). As a result of its review, on January 8, 2003,
the Department determined that termination of the suspended
investigation underlying the agreement would be likely to lead to
continuation or recurrence of dumping and notified the ITC of the
magnitude of the margin likely to prevail were the suspended
investigation underlying the agreement terminated (see Cut-to-Length
Carbon Steel Plate From the People's Republic of China, the Russian
Federation, and South Africa; Final Results of Expedited Sunset Review
of Suspended Antidumping Duty Investigations, 68 FR 1038 (January 8,
2003)).
On August 18, 2003, the ITC determined that termination of the
suspended investigation on CTL plate from China would be likely to lead
to continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time (see Cut-to-Length
Carbon Steel Plate From China, Russia, South Africa, and Ukraine, 68 FR
52614; ITC Publication No. 3626 (September 4, 2003)). Pursuant to the
ITC's affirmative determination in the five-year sunset review, the
Department issued a notice of continuation on September 12, 2003, for
the suspended investigation underlying the Agreement on CTL plate from
China (see Continuation of Suspended Antidumping Duty Investigations:
Cut-to-length Carbon Steel Plate from the People's Republic of China,
the Russian Federation, and Ukraine).
On August 29, 2003, referencing Article XII of the Agreement, the
Embassy of China in Washington, DC, submitted a facsimile request
informing the Department that ``the Chinese side has decided to
withdraw from the Suspension Agreement on Cut-to-length Carbon Steel
Plate, which will expire on October 30, 2003'' (see Memo to the File:
Interested Parties Notified of the Withdrawal by the Government of the
People's Republic of China (``GOC'') from the Suspension Agreement
(``the Agreement'') on Certain Carbon Cut-to-length Plate (``CTL
plate'') from China, (December 10, 2003)). On September 4, 2003, the
letter was put on the public and official record in the Central Records
Unit (``CRU'') of the Department and interested parties were notified
(see Memo to the File: Interested Parties Notified of the Withdrawal by
the Government of the People's Republic of China (``GOC'') from the
Suspension Agreement (``the Agreement'') on Certain Carbon Cut-to-
length Plate (``CTL plate'') from China, (December 10, 2003)).
Scope of Agreement
The merchandise covered by this agreement is Certain Cut-to-length
Carbon Steel Plate from the People's Republic of China. Included in
this description is 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 Agreement 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. Although the HTS subheadings are provided for convenience
and customs purposes, the written description of the scope of this
Agreement is dispositive. Specifically excluded from subject
merchandise within the scope of this Agreement is grade X-70 steel
plate.
Termination of Suspended Investigation and Issuance of Antidumping Duty
Order
Article XII of the Agreement states, in part:
``The Government of the People's Republic of China may terminate
this Agreement at any time upon notice to the Department. Termination
shall be effective 60 days after such notice is given to the
Department. Upon termination at the request of MOFTEC,
[[Page 60083]]
the provisions of Section 734(i) of the Act shall apply.''
As noted above, the underlying investigation in this proceeding was
continued pursuant to section 734(g) of the Act following the
acceptance of the Agreement. As a result of the continued
investigation, the Department made a final determination of dumping,
and the ITC found material injury. Section 734(i)(1)(A) of the Act
stipulates that the Department shall:
Suspend liquidation under section 733(d)(2) of unliquidated entries
of the merchandise made on the later of--
(i) the date which is 90 days before the date of publication of the
notice of suspension of liquidation, or
(ii) the date on which the merchandise the sale or export to the
United States of which was in violation of the agreement, or under an
agreement which no longer meets the requirements of subsection (b) and
(d) or (c) and (d), was first entered, or withdrawn from warehouse, for
consumption. . . .
Furthermore, section 734(i)(1)(C) stipulates that the Department
shall:
If the investigation was completed under subsection (g), issue an
antidumping duty order under section 736(a) effective with respect to
entries of merchandise liquidation of which was suspended.
Finally, section 734(i)(1)(E) stipulates that the Department shall:
Notify the petitioner, interested parties who are or were parties
to the investigation, and the Commission of its actions under this
paragraph.
The GOC's request for termination of the suspension agreement is
effective November 3, 2003, which is the date the agreement will no
longer meet the requirements of section 734(d) of the Act. Because the
GOC is withdrawing its participation from the Agreement, the Department
finds that suspension of the underlying investigation will no longer be
in the public interest as of that date (see section 734(d)(1)).
Therefore, the Department will direct the U.S. Bureau of Customs and
Border Protection (``BCBP'') to suspend liquidation of all entries of
CTL plate from China effective November 3, 2003. Accordingly, pursuant
to section 734(i)(1)(C) of the Act, the Department hereby issues an
antidumping duty order effective November 3, 2003, which is 60 days
from the official filing date of the termination request of the GOC.
Antidumping Duty Order
In accordance with section 736(a)(1) of the Act, the Department
will direct BCBP to assess, beginning on November 3, 2003, antidumping
duties equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise for all entries of CTL plate from China. These antidumping
duties will be assessed on all unliquidated entries of CTL plate from
China entered, or withdrawn from warehouse, for consumption on or after
November 3, 2003.
We will instruct BCBP to require a cash deposit for each entry
equal to the antidumping duty margins found in our amended final
determination of January 12, 1998, as listed below. These suspension-
of-liquidation instructions will remain in effect until further notice.
The ``China-Wide Rate'' applies to all producers and exporters of
subject CTL plate not specifically listed. The final weighted-average
dumping margins are as follows:
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Weighted-
Manufacturer/Exporter average margin
(percent)
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Anshan (AISCO/Anshan International/Sincerely Asia Ltd).. 30.68
Baoshan (Bao/Baoshan International Trade Corp/Bao Steel 30.51
Metals Trading Corp)...................................
Liaoning................................................ 17.33
Shanghai Pudong......................................... 38.16
WISCO (Wuhan/International Economic and Trading Corp/ 128.59
Cheerwu Trader Ltd)....................................
China-wide Rate......................................... 128.59
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This notice constitutes the antidumping duty order with respect to
CTL plate from China. Interested parties may contact the Department's
Central Records Unit, room B-099 of the main Commerce building, for
copies of an updated list of antidumping duty orders currently in
effect.
This notice is published in accordance with sections 734(i) and
777(i) of the Act. This order is published in accordance with section
736(a) of the Act.
Dated: October 14, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 03-26530 Filed 10-20-03; 8:45 am]
BILLING CODE 3510-DS-P