[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Notices]
[Pages 24462-24463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10572]
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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 2, 2011.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Howard Smith, AD/CVD
Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
4162 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 1, 2010, 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, 2009, through
October 31, 2010. See Antidumping or Countervailing Duty Order, Finding
or Suspended Investigation; Opportunity To Request Administrative
Review, 75 FR 67079 (November 1, 2010).
On November 30, 2010, 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 28, 2010, in accordance with section 751(a) of the 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, 75 FR 81565 (December 28, 2010).
On January 12, 2011, 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 Hunan Valin
had any shipments of subject merchandise during the POR. In addition,
on March 3, 2011, 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
``Certain Cut-to-Length Carbon Steel Plate from the People's Republic
of China: Memorandum of Intent to Rescind Antidumping Duty
Administrative Review, from Magd Zalok to Abdelali Elouaradia, dated
March 25, 2011 (``Intent to Rescind Memorandum''). CBP did not reply
with contrary information. The Department provided interested parties
in this review until March 28, 2011, 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, 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
[[Page 24463]]
deposit rate in effect on the date of entry, for entries of CTL Plate
during the period November 1, 2009, through October 31, 2010. 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: April 25, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-10572 Filed 4-29-11; 8:45 am]
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