[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Notices]
[Pages 4828-4829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1443]
[[Page 4828]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-808]
Stainless Steel Wire Rods From India: Final Results of
Antidumping Duty New-Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 26, 2007, the Department of Commerce published the
preliminary results of a new-shipper review of the antidumping duty
order on stainless steel wire rods from India. The stainless steel wire
rods (wire rods) were produced and exported by Sunflag Iron & Steel
Co., Ltd. (Sunflag). The period of review (POR) is December 1, 2005,
through November 30, 2006. Based on our analysis of comments received,
we have not made any changes to our decision to apply adverse facts
available to Sunflag's U.S. sales. Therefore, our final results are
identical to our preliminary results. The final results are listed
below in the section entitled ``Final Results of the New-Shipper
Review''.
EFFECTIVE DATE: January 28, 2008.
FOR FURTHER INFORMATION CONTACT: Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1757 and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 26, 2007, the Department of Commerce (the Department)
published the preliminary results of the new-shipper review of the
antidumping duty order on stainless steel wire rods from India. See
Stainless Steel Wire Rods from India: Preliminary Results of
Antidumping Duty New-Shipper Review, 72 FR 60808 (October 26, 2007). We
invited interested parties to comment on the preliminary results.
Sunflag filed a case brief on November 26, 2007. Domestic interested
parties, Carpenter Technology Corp., North American Stainless, and
Universal Stainless & Alloy Products, Inc., filed a rebuttal brief on
November 27, 2007.
Scope of the Order
The merchandise under review is wire rods, which are hot-rolled or
hot-rolled annealed and/or pickled rounds, squares, octagons, hexagons
or other shapes, in coils. Wire rods are made of alloy steels
containing, by weight, 1.2 percent or less of carbon and 10.5 percent
or more of chromium, with or without other elements. These products are
only manufactured by hot-rolling and are normally sold in coiled form,
and are of solid cross section. The majority of wire rods sold in the
United States are round in cross-section shape, annealed, and pickled.
The most common size is 5.5 millimeters in diameter.
The wire rods subject to this order are currently classifiable
under subheadings 7221.00.0005, 7221.00.0015, 7221.00.0030,
7221.00.0045, and 7221.00.0075 of the Harmonized Tariff Schedule of the
United States (HTSUS). Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise subject to the order is dispositive of whether the
merchandise is covered by the order.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this new-shipper review are addressed in the ``Issues and Decision
Memorandum'' (Decision Memorandum) from Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration, to David M. Spooner,
Assistant Secretary for Import Administration, dated January 17, 2008,
which is hereby adopted by this notice. A list of the issues which the
parties have raised and to which we have responded is attached to this
notice as an appendix. Parties can find a complete discussion of all
issues raised and corresponding recommendations in this public
memorandum, which is on file in Import Administration's Central Records
Unit, Room B-099 of the main Department building. In addition, a
complete version of the Decision Memorandum is available on the
Internet at http://iaita.doc.gov/frn/index.html. The paper copy and
electronic version of the Decision Memorandum are identical in content.
No Changes Since the Preliminary Results
Based on our analysis of the comments received, the Department has
made no changes in the final results from the preliminary results of
new-shipper review and confirms its decision to apply adverse facts
available to Sunflag's U.S. sales. Accordingly, as a result of our
review we determine that a dumping margin of 48.80 percent exists for
Sunflag for the period December 1, 2005, through November 30, 2006.
Final Results of the New-Shipper Review
We determine that the adverse facts-available margin on stainless
steel wire rods from India produced and exported by Sunflag for the
period December 1, 2005, through November 30, 2006, is 48.80 percent.
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. Because we are relying on total adverse facts available to
establish Sunflag's dumping margin, we will instruct CBP to apply a
dumping margin of 48.80 percent to all entries of subject merchandise
during the POR that were produced and exported by Sunflag. We intend to
issue appropriate assessment instructions directly to CBP 15 days after
the publication of these final results of the new-shipper review.
Cash-Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of the new-shipper review
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication,
consistent with section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act): (1) The cash-deposit rate for stainless steel wire
rods that were produced and exported by Sunflag will be 48.80 percent;
(2) for previously reviewed or investigated companies not listed above,
the cash-deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original less-than-fair-
value investigation, but the manufacturer is, the cash-deposit rate
will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash-deposit rate for all
other manufacturers or exporters will continue to be the all-others
rate of 48.80 percent, which is the all-others rate established in the
less-than-fair-value investigation. See Final Determination of Sales at
Less Than Fair Value: Certain Stainless Steel Wire Rods from India, 58
FR 54110 (October 20, 1993). These cash-deposit rates shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
[[Page 4829]]
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to an
administrative protective order of their responsibility concerning the
disposition of proprietary information disclosed under such an order in
accordance with 19 CFR 351.305(a)(3). Timely notification of the return
or destruction of administrative-protective-order materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an administrative
protective order is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Act.
Dated: January 17, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
Comment 1: Errors in Home-Market Sales
Comment 2: Incomplete Home-Market Sales
Comment 3: Miscellaneous Errors
Comment 4: Ill-Preparedness for Verification
[FR Doc. E8-1443 Filed 1-25-08; 8:45 am]
BILLING CODE 3510-DS-P