[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Notices]
[Page 64709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26460]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-808]
Stainless Steel Plate in Coils From Belgium: Notice of Rescission
of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 20, 2010.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or George McMahon, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482-
1168 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 3, 2010, the Department of Commerce (``the Department'')
published in the Federal Register a notice of ``Opportunity to Request
Administrative Review'' of the antidumping duty order on stainless
steel plate in coils from Belgium for the period of review (``POR''),
May 1, 2009, through April 30, 2010. See Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation; Opportunity To Request
Administrative Review, 75 FR 23236, (May 3, 2010).
On June 1, 2009, in accordance with 19 CFR 351.213(b), the
Department received a timely request from ArcelorMittal Stainless
Belgium N.V. (``AMS Belgium'') to conduct an administrative review of
AMS Belgium. AMS Belgium was the only party to request this
administrative review.
On June 30, 2010, the Department published in the Federal Register
a notice of initiation of an administrative review of the antidumping
duty order on stainless steel plate in coils from Belgium covering one
respondent, AMS Belgium. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Requests for Revocation
in Part, 75 FR 37759 (June 30, 2010).
On September 17, 2010, AMS Belgium timely withdrew its request for
review. Thus, we are rescinding this administrative review.
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation of the requested review. On
September 17, 2010, AMS Belgium withdrew its request for an
administrative review. AMS Belgium withdrew its request before the 90-
day deadline, and no other party requested an administrative review of
the antidumping duty order on stainless steel plate in coils from
Belgium for the POR. Therefore, in response to AMS Belgium's withdrawal
of its request for review, and pursuant to 19 CFR 351.213(d)(1), the
Department hereby rescinds the administrative review of the antidumping
duty order on stainless steel plate in coils from Belgium for the
period May 1, 2009, through April 30, 2010.
Assessment Instructions
The Department will instruct U.S. Customs and Border Protection
(CBP) to assess antidumping duties on all appropriate entries.\1\ For
the company for which this review is rescinded, antidumping duties
shall be assessed at rates equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of this notice.
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\1\ On August 16, 2010, the Court of International Trade
(``CIT'') issued an Order modifying the preliminary injunction. See
Order Granting Plaintiff's Motion to Modify the Preliminary
Injunction Order, ArcelorMittal Stainless Belgium N.V. v. United
States, No. 08-434 (CIT August 16, 2010). In this Order, the CIT
modified its January 16, 2009, Order granting Plaintiff's Motion for
Preliminary Injunction, and enjoined liquidation of any unliquidated
entries of SSPC from Belgium which contain merchandise that (i) is
4.75 mm or more in nominal thickness, but which has an actual
thickness of less than 4.75 mm, and within the dimensional
tolerances specified under ASTM standard A480/480M, (ii) was
produced and exported by Ugine & ALZ Belgium N.V., any of its
predecessors-in-interest, as determined by the Department of
Commerce, and/or any of its successors-in-interest, as determined by
the Department of Commerce, and (iii) is otherwise subject to the
antidumping duty order and countervailing duty order on certain SSPC
from Belgium. See 64 FR 27756 (May 21, 1999) and 64 FR 25288 (May
11, 1999), respectively. The modified preliminary injunction
therefore enjoins certain entries subject to this review.
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Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing
duties occurred and the subsequent increase in antidumping duties by
the amount of antidumping duties and/or countervailing duties
reimbursed.
Notification Regarding Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
an APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended,
and 19 CFR 351.213(d)(4).
Dated: October 13, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-26460 Filed 10-19-10; 8:45 am]
BILLING CODE 3510-DS-P