[Federal Register Volume 75, Number 184 (Thursday, September 23, 2010)]
[Notices]
[Pages 57899-57900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23815]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-475-824, A-201-822
Certain Stainless Steel Sheet and Strip in Coils from Italy and
Mexico: Extension of Time Limits for Preliminary and Final Results of
Full Five-year (``Sunset'') Reviews of Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 23, 2010.
FOR FURTHER INFORMATION CONTACT: David Cordell or Angelica Mendoza, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0408, or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 2, 2010, the Department published the notice of initiation
of the sunset reviews of the antidumping duty orders on certain
stainless steel sheet and strip (SSSS) in coils from, inter alia, Italy
and Mexico, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). See Initiation of Five-year (``Sunset'') Review, 75
FR 30777 (June 2, 2010) (Notice of Initiation).
The Department received a notice of intent to participate in all of
the sunset reviews of the antidumping duty orders on SSSS in coils from
the following petitioners: the AK Steel Corporation; Allegheny Ludlum
Corporation; North American Stainless; United Steelworkers (``USW'');
UAW Local 3303; and UAW Local 4104 (collectively, petitioners) within
the deadline specified in 19 CFR 351.218(d)(1)(i). The petitioners
claimed interested party status under sections 771(9)(C) and (D) of the
Act stating that its individual members are each producers in the
United States of a domestic like product.
The Department received complete substantive responses to the
Notice of Initiation for all antidumping duty orders covering SSSS in
coils from the domestic interested parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i). The Department received a
complete and timely substantive response in the sunset review of SSSS
in coils from Italy from the following respondent interested parties:
ThyssenKrupp Acciai Speciali Terni S.P.A. and Acciai Speciali Terni
(USA) (collectively, TKAST). The Department received a complete and
timely substantive response in the sunset review of SSSS in coils from
Mexico from the following respondent interested parties: ThyssenKrupp
Mexinox S.A. de C.V. and Mexinox USA, Inc. (collectively, Mexinox),
within the applicable deadline specified in 19 CFR 351.218(d)(3)(i).\1\
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\1\ Domestic interested and respondent parties filed substantive
responses on July 2, 2010.
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On July 6, 2010, the Department received a request from domestic
interested parties for an extension of the deadline for filing rebuttal
comments to the substantive responses submitted by respondent parties.
Pursuant to 19 CFR 351.302(b), domestic and respondent parties were
granted an extension to file rebuttal comments to the substantive
responses until July 9, 2010. On July 9, 2010, the Department received
rebuttal comments to the substantive responses from the domestic
interested parties and the respondents with respect to the sunset
reviews covering the antidumping duty orders on SSSS in coils from
Italy and Mexico.
19 CFR 218(e)(1)(ii)(A) provides that the Secretary normally will
conclude that respondent interested parties have provided adequate
response to a notice of initiation where it receives complete
substantive responses from respondent interested parties accounting on
average for more than 50 percent, by volume, or value basis, if
appropriate, of the total exports of the subject merchandise to the
United States over the five calendar years preceding the year of
publication of the notice of initiation. On July 22, 2010, the
Department determined that the filed substantive responses constituted
adequate responses to the notice of initiation. See Memoranda to
Richard Weible, Director, AD/CVD Operations, Office 7, entitled
``Adequacy Determination in Five-year ``Sunset'' Review of the
Antidumping Duty Order on Certain Stainless Steel Sheet and Strip
(SSSS) in Coils from Italy (2005-2009)'' dated July 22, 2010; and,
``Adequacy Determination in Five-year ``Sunset'' Review of the
Antidumping Duty Order on Certain Stainless Steel Sheet and Strip
(SSSS) in Coils from Mexico (2005-2009)'' dated July 22, 2010. In
accordance with 19 CFR 351.218(e)(2)(i), on July 22, 2010, the
Department determined to conduct full sunset reviews of the antidumping
duty orders covering SSSS in coils from Italy and Mexico, and
accordingly, notified the U.S. International Trade Commission. See
Letter to Ms. Catherine DeFilippo, Director, Office of Investigations,
U.S. International Trade Commission, from James Maeder, Director,
Office 2, AD/CVD Operations, entitled ``Expedited and Full Sunset
Reviews of the Antidumping Duty Orders Initiated in June 2010,'' dated
July 22, 2010.
Extension of Time Limits for Preliminary and Final Results of Reviews
Section 751(c)(5)(A) of the Act provides for the completion of a
full sunset review within 240 days of the publication of the initiation
notice. However, the Department may extend the period of time for
making its determination by not more than 90 days, if it determines
that the review is extraordinarily complicated in accordance with
section 751(c)(5)(B) of the Act,.
We determine that these reviews are extraordinarily complicated,
pursuant to
[[Page 57900]]
sections 751(c)(5)(C)(i), (ii) and (iii) of the Act, because the
Department must consider a number of case-specific complex factual
issues such as the trends of pre-order and post-order shipment volumes
in the sunset review of the antidumping duty order on SSSS in coils
from Mexico; and the Department requires additional time to analyze
several complicated issues presented in the substantive comments and
rebuttal comments in the case of the sunset review of the antidumping
duty order on SSSS in coils from Italy. Therefore, the Department
requires additional time to complete its analysis in each of these
sunset reviews. Accordingly, the Department is extending the deadlines
to complete its sunset reviews of the antidumping duty orders covering
SSSS in coils from Italy and Mexico by 90 days. As a result, the
Department intends to issue the preliminary results of the full sunset
reviews by December 20, 2010,\2\ and the final results by April 28,
2011.
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\2\ The revised deadline falls on Sunday, December 19, 2010. It
is the Department's long-standing practice, however, to issue a
determination the next business day when the statutory deadline
falls on a weekend, federal holiday, or any other day when the
Department is closed. See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005). Accordingly, the deadline for the completion
of these preliminary results is revised to December 20, 2010.
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This notice is issued in accordance with sections 751(c)(5)(B) and
(C) of the Act.
Dated: September 16, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-23815 Filed 9-23-10; 8:45 am]
BILLING CODE 3510-DS-S