[Federal Register Volume 75, Number 101 (Wednesday, May 26, 2010)]
[Notices]
[Pages 29519-29520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12661]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-849]
Certain Cut-to-Length Carbon Steel Plate from the People's
Republic of China: Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 26, 2010.
FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph or Howard Smith, AD/
CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230, telephone: (202) 482-
3627 or (202) 482-5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 21, 2003, the Department of Commerce (``Department'')
published in the Federal Register the antidumping duty order on certain
cut-to-length carbon steel plate (``CTL Plate'') from the People's
Republic of China (``PRC''). See 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, 68 FR 60081 (October 21, 2003). On November 2, 2009, the
Department published a notice of opportunity to request an
administrative review of the antidumping duty order on CTL Plate from
the PRC for the period of review (``POR'') November 1, 2008 through
October 31, 2009. See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity to Request
Administrative Review, 74 FR 56573 (November 2, 2009).
On November 30, 2009, the Department received a timely request from
Nucor Corporation, a domestic producer of CTL plate, to conduct an
administrative review of Hunan Valin Xiangtan Iron & Steel Co., Ltd
(``Hunan Valin''). No other party requested an administrative review.
On December 23, 2009, in accordance with section 751(a) of Tariff Act
of 1930, as amended (the ``Act''), the Department published in the
Federal Register a notice of the initiation of an antidumping duty
administrative review of Hunan Valin. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Request for Revocation
in Part, 74 FR 68229 (December 23, 2009).
On December 23, 2009, Hunan Valin submitted a letter certifying
that it did not have any exports or sales of subject merchandise during
the POR. The Department conducted an internal U.S. Customs and Border
Protection (``CBP'') data query and found no evidence that Huanan Valin
had any shipments of subject merchandise during the POR. In addition,
on January 13, 2010, the Department made a ``No Shipments Inquiry'' to
CBP to confirm that there were no exports of subject merchandise by
Hunan Valin during the POR. The Department asked CBP to notify the
Department within ten days if CBP ``has contrary information and is
suspending liquidation'' of subject merchandise exported by Hunan
Valin. See Memorandum to All Interested Parties regarding,
``Antidumping Duty Administrative Review of Certain Cut-To-Length Steel
Plate from the People's Republic of China (PRC): Hunan Valin Xiangtran
Iron & Steel Co., Ltd.'s No Shipment Claim,'' dated March 16, 2010
(``Intent to Rescind Memorandum''). CBP did not reply with contrary
information. The Department provided interested parties in this review
until March 23, 2010, to submit comments on the Intent to Rescind
Memorandum. The Department did not receive comments from any interested
party on the Department's intent to rescind.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an
administrative review with respect to a particular exporter or producer
if the Department concludes that during the POR there were no entries,
exports, or sales of the subject merchandise by that exporter or
producer. As noted above,
[[Page 29520]]
the Department has found and continues to find no evidence that Hunan
Valin had shipments or entries of subject merchandise during the POR
and no interested party has commented on the issue. Therefore, pursuant
to 19 CFR 351.213(d)(3), the Department is rescinding the antidumping
duty administrative review with respect to Hunan Valin.
Assessment
The Department will instruct CBP to assess antidumping duties at
the cash deposit rate in effect on the date of entry, for entries
during the period November 1, 2008 through October 31, 2009. The
Department intends to issue appropriate assessment instructions to CBP
15 days after publication of this notice of rescission of
administrative review.
Notification to Importers
This notice serves as a final reminder to importers whose entries
will be liquidated as a result of this rescission notice, of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
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 assumption that
reimbursement of antidumping duties occurred and subsequent assessment
of double antidumping duties.
Notification Regarding Administrative Protective Order (``APO'')
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under an APO in accordance with 19
CFR 351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return/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.
This notice is issued and published in accordance with section
777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: May 19, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-12661 Filed 5ndash;25-10; 8:45 am]
BILLING CODE 3510-DS-S