[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Notices]
[Pages 25261-25264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2212]


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DEPARTMENT OF COMMERCE

International Trade Administration


Implementation of the Findings of the WTO Panel in US--Zeroing 
(EC): Notice of Determinations Under Section 129 of the Uruguay Round 
Agreements Act and Revocations and Partial Revocations of Certain 
Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 23, 2007, the U.S. Trade Representative instructed 
the Department of Commerce (the Department) to implement its findings 
under section 129 of the Uruguay Round Agreements Act (URAA) regarding 
the offsetting of dumped sales with non-dumped sales in investigations 
involving average-to-average transactions. The Department issued its 
findings on April 9, 2007, regarding eleven investigations challenged 
by the European Communities before the World Trade Organization. The 
Department is now implementing those findings.

DATES: The effective date of these determinations is April 23, 2007.

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FOR FURTHER INFORMATION CONTACT: Daniel O'Brien, William Kovatch, or 
Michael Rill, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482-
1376, (202) 482-5052, or (202) 482-3058, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 22, 2007, the Department initiated twelve proceedings 
under section 129 of the URAA to implement the WTO dispute settlement 
panel's report in United States--Laws, Regulations and Methodology for 
Calculating Dumping Margins (``Zeroing'') (WT/DS294). In each 
proceeding, the Department recalculated the weighted-average dumping 
margin from the following antidumping investigations, applying the 
calculation methodology described in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin During an 
Antidumping Investigation; Final Modification; see 71 FR 77722 
(December 27, 2006):
    1. Certain Hot-Rolled Carbon Steel from the Netherlands (A-421-
807).
    2. Stainless Steel Bar From France (A-427-820).
    3. Stainless Steel Bar From Germany (A-428-830).
    4. Stainless Steel Bar From Italy (A-475-829).
    5. Stainless Steel Bar From the United Kingdom (A-412-822).
    6. Stainless Steel Wire Rod From Sweden (A-401-806).
    7. Stainless Steel Wire Rod From Spain (A-469-807).
    8. Stainless Steel Wire Rod From Italy (A-475-820).
    9. Certain Stainless Steel Plate in Coils from Belgium (A-423-808).
    10. Stainless Steel Sheet and Strip in Coils from Italy (A-475-
824).
    11. Certain Cut-to-Length Carbon-quality Steel Plate From Italy (A-
475-826).
    12. Certain Pasta From Italy (A-475-818).
    On February 26, 2007, the Department issued its preliminary results 
and requested comments. After receiving comments and rebuttal comments 
from the interested parties, the Department issued its Final Results 
for the Section 129 Determinations in eleven of the twelve proceedings 
on April 9, 2007.\1\
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    \1\ With respect to Stainless Steel Sheet and Strip in Coils 
from Italy (A-475-824), one interested party made allegations of 
computational errors in calculating the weighted-average dumping 
margin. The Department found that there was a reasonable basis to 
investigate the allegations further, and postponed its decision in 
that proceeding in order to place additional information on the 
administrative record, and allow interested parties additional time 
to comment.
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    On April 20, 2007, consistent with section 129(b)(3) of the URAA, 
the U.S. Trade Representative held consultations with the Department 
and the appropriate congressional committees with respect to these 
determinations. On April 23, 2007, in accordance with sections 
129(b)(4) and 129(c)(1)(B) of the URAA, the U.S. Trade Representative 
directed the Department to implement these determinations.

Nature of the Proceedings

    Section 129 of the URAA governs the nature and effect of 
determinations issued by the Department to implement findings by WTO 
dispute settlement panels and the Appellate Body. Specifically, section 
129(b)(2) provides that ``notwithstanding any provision of the Tariff 
Act of 1930,'' within 180 days of a written request from the U.S. Trade 
Representative, the Department shall issue a determination that would 
render its actions not inconsistent with an adverse finding of a WTO 
panel or the Appellate Body. See 19 U.S.C. 3538(b)(2). The Statement of 
Administrative Action, U.R.A.A., H. Doc. 316, Vol. 1, 103d Cong. (1994) 
(SAA), variously refers to such a determination by the Department as a 
``new,'' ``second,'' and ``different'' determination. See SAA at 1025, 
1027. After consulting with the Department and the appropriate 
congressional committees, the U.S. Trade Representative may direct the 
Department to implement, in whole or in part, the new determination 
made under section 129. See 19 U.S.C. 3538(b)(4). Pursuant to section 
129(c), the new determination shall apply with respect to unliquidated 
entries of the subject merchandise that are entered, or withdrawn from 
warehouse, for consumption on or after the date on which the U.S. Trade 
Representative directs the Department to implement the new 
determination. See 19 U.S.C. 3538(c). The new determination is subject 
to judicial review separate and apart from judicial review of the 
Department's original determination. See 19 U.S.C. 1516a(a)(2)(B)(vii).

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs submitted by 
interested parties to these proceedings are addressed in the Issues and 
Decision Memorandum for the Final Results of the Section 129 
Determinations, from Stephen J. Claeys to David M. Spooner, dated April 
9, 2007 (Issues and Decision Memorandum), which is hereby adopted by 
this notice. The Issues and Decisions Memorandum is on file in the 
Central Records Unit (CRU), room B-099 of the Department of Commerce 
main building and can be accessed directly at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues and Decisions 
Memorandum are identical in content. A list of the issues addressed in 
the Issues and Decisions Memorandum is appended to this notice.

Final Antidumping Margins

    The recalculated margins, unchanged from the Preliminary Results 
for all cases, except the investigation of Stainless Steel Sheet and 
Strip in Coils from Italy, are as follows:

(1) Certain Hot-Rolled Carbon Steel From the Netherlands

    <bullet> The margin for Corus, the sole respondent, decreases from 
2.59 percent to zero. Since Corus was the only respondent in the 
investigation, we are now revoking this order effective April 23, 2007 
(the effective date).

(2) Stainless Steel Bar From France

    <bullet> The margin for UGITECH decreases from 3.9 percent to zero. 
We are now revoking this order for UGITECH effective April 23, 2007 
(the effective date).
    <bullet> The margin for Aubert and Duval S.A. was based on total 
AFA. This margin does not change as a result of this proceeding.
    <bullet> Since there are no non-AFA, above de minimis margins 
remaining, pursuant to Department practice, the all others rate is 
based on a simple average of the zero margins and the AFA margins. 
Therefore, the all-others rate changes from 3.9 percent to 35.92 
percent.

(3) Stainless Steel Bar From Germany

    <bullet> The margin for BGH decreases from 13.63 percent to 2.59 
percent.
    <bullet> The margin for Einsal decreases from 4.17 percent to de 
minimis. We are now revoking this order for Einsal effective April 23, 
2007 (the effective date).
    <bullet> The margin for Edelstahl Witten-Krefeld GmbH decreases 
from 15.40 percent to 10.82 percent.
    <bullet> The margin for Krupp Edelstahlprofile GmbH decreases from 
32.32 percent to 31.25 percent.
    <bullet> The all-others rate changes from 16.96 percent to 15.16 
percent.

(4) Stainless Steel Bar From Italy

    <bullet> The margin for Acciaiera Valbruna S.p.A. decreases from 
2.50 percent to

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zero. We are now revoking this order for Acciaiera Valbruna S.p.A. 
effective April 23, 2007 (the effective date).
    <bullet> The margin for Acciaiera Foroni S.p.A. decreases from 7.07 
percent to zero. We are now revoking this order for Acciaiera Foroni 
S.p.A. effective April 23, 2007 (the effective date).
    <bullet> Trafilerie Bedini S.r.l. was excluded from the order and 
that does not change as a result of this proceeding.
    <bullet> The margin for Cogne Acciai Speciali Srl was based on 
total AFA. This margin does not change as a result of this proceeding.
    <bullet> The margin for Rodacciai S.p.A. decreases from 3.83 
percent to zero. We are now revoking this order for Rodacciai S.p.A. 
effective April 23, 2007 (the effective date).
    <bullet> Since there are no non-AFA above de minimis margins 
remaining, pursuant to Department practice, the all-others rate is 
based on a simple average of the zero margins and the AFA margins. 
Therefore, the all-others rate changes from 3.81 percent to 6.60 
percent.

(5) Stainless Steel Bar From the United Kingdom

    <bullet> The margin for Corus Engineering Steels Ltd. decreases 
from 4.48 percent to zero. We are now revoking this order for Corus 
Engineering Steels Ltd. effective April 23, 2007 (the effective date).
    <bullet> Firth Rixon Special Steels Ltd. and Crownridge Stainless 
Steel Ltd.'s/Valkia Ltd.'s margins were based on total AFA. These 
margins do not change as a result of this proceeding.
    <bullet> Since there are no non-AFA above de minimis margins 
remaining, pursuant to Department practice, the all-others rate is 
based on a simple average of the zero margins and the AFA margins. 
Therefore, the all-others rate changes from 4.48 percent to 83.85 
percent.

(6) Stainless Steel Wire Rod From Sweden

    <bullet> The margin for Fagersta Stainless AB decreases from 5.71 
percent to zero. Since Fagersta Stainless AB was the only respondent in 
the investigation, we are now revoking this order effective April 23, 
2007 (the effective date).

(7) Stainless Steel Wire Rod From Spain

    <bullet> The margin for Roldan S.A., the sole respondent, decreases 
from 4.76 percent to 2.71 percent.
    <bullet> The all-others rate changes from 4.76 percent to 2.71 
percent.

(8) Stainless Steel Wire Rod From Italy

    <bullet> The margin for Cogne Acciai Speciali S.r.l. decreases from 
12.73 percent to 11.25 percent.
    <bullet> Acciaiera Valbruna S.p.A. was excluded from the order and 
that does not change as a result of this proceeding.
    <bullet> The all-others rate changes from 12.73 percent to 11.25 
percent.

(9) Stainless Steel Plate in Coils From Belgium

    <bullet> The margin for Ugine & ALZ Belgium (formerly ALZ N.V.), 
the sole respondent, decreases from 9.84 percent to 8.54 percent.
    <bullet> The all-others rate changes from 9.84 percent to 8.54 
percent.

(10) Certain Cut-To-Length Carbon-Quality Steel Plate Products From 
Italy

    <bullet> The margin for Palini and Bertoli S.p.A. decreases from 
7.85 percent to 7.64 percent.
    <bullet> ILVA S.p.A. was excluded from the order and that does not 
change as a result of this proceeding.
    <bullet> The all-others rate changes from 7.85 percent to 7.64 
percent.

(11) Certain Pasta From Italy

    <bullet> The margin for Arrighi S.p.A. Industrie Alimentari 
decreases from 21.34 percent to 20.84 percent.
    <bullet> The margin for Liguori Pastificio Dal 1820 S.p.A. 
decreases from 12.41 percent to 12.14 percent.
    <bullet> The margin for Pastificio Fratelli Pagani S.p.A. decreases 
from 18.30 percent to 18.23 percent.
    <bullet> The margin for La Molisana Industrie Alimentari S.p.A. 
remains at 14.78 percent based on this recalculation.
    <bullet> De Matteis Agroalimentare S.p.A. and Delverde S.r.l. were 
excluded from the order and that does not change as a result of this 
proceeding.
    <bullet> F.lli De Cecco de Filippo Fara San Martino S.p.A.'s margin 
was based on total AFA. This margin does not change as a result of this 
proceeding.
    <bullet> The all-others rate changes from 12.09 percent to 16.51 
percent. We note that Delverde S.r.l.'s margin in the investigation was 
a component of the all-others rate. However, since Delverde S.r.l. was 
later revoked from the order as a result of litigation relating to the 
investigation, its margin is no longer a component of the all others 
rate. We note also that, for cash deposit purposes, we deduct from the 
margin of dumping any export subsidies. On that basis, the new cash 
deposit rate that will be established for all others is 15.45 percent.

Revocations, Cash Deposits and Continuation of the Suspension of 
Liquidation

    On April 23, 2007, in accordance with sections 129(b)(4) and 
129(c)(1)(B) of the URAA, the U.S. Trade Representative, after 
consulting with the Department and Congress, directed the Department to 
implement these determinations.
    With respect to Certain Hot-Rolled Carbon Steel from the 
Netherlands and Stainless Steel Wire Rod from Sweden, we will instruct 
U.S. Customs and Border Protection (CBP) to liquidate without regard to 
antidumping duties entries of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after April 23, 2007, 
(the effective date), and to discontinue collection of cash deposits of 
antidumping duties.
    With respect to Stainless Steel Bar from France, we will instruct 
CBP to liquidate without regard to antidumping duties entries of the 
subject merchandise manufactured and exported by UGITECH, entered, or 
withdrawn from warehouse, for consumption on or after April 23, 2007, 
(the effective date), and to discontinue collection of cash deposits of 
antidumping duties. We will instruct CBP to continue to suspend 
liquidation of all entries of subject merchandise from all other 
exporters or producers. CBP shall continue to require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price. The suspension of liquidation instructions will remain in 
effect until further notice. The Section 129 Determination all-others 
rate will be the new cash deposit rate for all exporters of subject 
merchandise for whom the Department has not calculated an individual 
rate.
    With respect to Stainless Steel Bar from Germany, we will instruct 
CBP to liquidate without regard to antidumping duties entries of the 
subject merchandise manufactured and exported by Einsal, entered, or 
withdrawn from warehouse, for consumption on or after April 23, 2007, 
(the effective date), and to discontinue collection of cash deposits of 
antidumping duties. We will instruct CBP to continue to suspend 
liquidation of all entries of subject merchandise from all other 
exporters or producers. CBP shall continue to require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price. The suspension of liquidation instructions will remain in 
effect until further notice. The Section 129 Determination all-others 
rate will be the new cash deposit rate for all

[[Page 25264]]

exporters of subject merchandise for whom the Department has not 
calculated an individual rate.
    With respect to Stainless Steel Bar from Italy, we will instruct 
CBP to liquidate without regard to antidumping duties entries of the 
subject merchandise manufactured and exported by Acciaiera Valbruna 
S.p.A., Acciaiera Foroni S.p.A. and Rodacciai S.p.A., entered, or 
withdrawn from warehouse, for consumption on or after April 23, 2007, 
(the effective date), and to discontinue collection of cash deposits of 
antidumping duties. We will instruct CBP to continue to suspend 
liquidation of all entries of subject merchandise from all other 
exporters or producers. CBP shall continue to require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price. The suspension of liquidation instructions will remain in 
effect until further notice. The Section 129 Determination all-others 
rate will be the new cash deposit rate for all exporters of subject 
merchandise for whom the Department has not calculated an individual 
rate.
    With respect to Stainless Steel Bar from the United Kingdom, we 
will instruct CBP to liquidate without regard to antidumping duties 
entries of the subject merchandise manufactured and exported by Corus 
Engineering Steels Ltd., entered, or withdrawn from warehouse, for 
consumption on or after April 23, 2007, (the effective date), and to 
discontinue collection of cash deposits of antidumping duties. We will 
instruct CBP to continue to suspend liquidation of all entries of 
subject merchandise from all other exporters or producers. CBP shall 
continue to require a cash deposit equal to the estimated amount by 
which the normal value exceeds the U.S. price. The suspension of 
liquidation instructions will remain in effect until further notice. 
The Section 129 Determination all-others rate will be the new cash 
deposit rate for all exporters of subject merchandise for whom the 
Department has not calculated an individual rate.
    With respect to Stainless Steel Wire Rod from Spain, we will 
instruct CBP to continue to suspend liquidation of all entries of 
subject merchandise from all exporters or producers. CBP shall continue 
to require a cash deposit equal to the estimated amount by which the 
normal value exceeds the U.S. price. The suspension of liquidation 
instructions will remain in effect until further notice. The Section 
129 Determination all-others rate will be the new cash deposit rate for 
all exporters of subject merchandise for whom the Department has not 
calculated an individual rate.
    With respect to Stainless Steel Wire Rod from Italy, we will 
instruct CBP to continue to suspend liquidation of all entries of 
subject merchandise from all exporters or producers. CBP shall continue 
to require a cash deposit equal to the estimated amount by which the 
normal value exceeds the U.S. price. The suspension of liquidation 
instructions will remain in effect until further notice. The Section 
129 Determination all-others rate will be the new cash deposit rate for 
all exporters of subject merchandise for whom the Department has not 
calculated an individual rate.
    With respect to Stainless Steel Plate in Coils from Belgium, we 
will instruct CBP to continue to suspend liquidation of all entries of 
subject merchandise from all exporters or producers. CBP shall continue 
to require a cash deposit equal to the estimated amount by which the 
normal value exceeds the U.S. price. The suspension of liquidation 
instructions will remain in effect until further notice. The Section 
129 Determination all-others rate will be the new cash deposit rate for 
all exporters of subject merchandise for whom the Department has not 
calculated an individual rate.
    With respect to Certain Cut-To-Length Carbon-Quality Steel Plate 
Products from Italy, we will instruct CBP to continue to suspend 
liquidation of all entries of subject merchandise from all exporters or 
producers. CBP shall continue to require a cash deposit equal to the 
estimated amount by which the normal value exceeds the U.S. price. The 
suspension of liquidation instructions will remain in effect until 
further notice. The Section 129 Determination all-others rate will be 
the new cash deposit rate for all exporters of subject merchandise for 
whom the Department has not calculated an individual rate.
    With respect to Certain Pasta from Italy, we will instruct CBP to 
continue to suspend liquidation of all entries of subject merchandise 
from all exporters or producers. CBP shall continue to require a cash 
deposit equal to the estimated amount by which the normal value exceeds 
the U.S. price. The suspension of liquidation instructions will remain 
in effect until further notice. The Section 129 Determination all-
others rate will be the new cash deposit rate for all exporters of 
subject merchandise for whom the Department has not calculated an 
individual rate.
    The cash deposit rates will remain unchanged for those companies 
that we are not revoking and whose cash deposit rates since the 
original investigation have been superseded by administrative reviews.
    These Section 129 Determinations are issued and published in 
accordance with section 129(c)(2)(A) of the URAA.

    Dated: April 30, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

    Issues Raised in the Issues and Decision Memorandum
Comment 1: Whether the Department Has the Authority to Implement the 
WTO Appellate Body Decision
Comment 2: Targeted Dumping
Comment 3: Treatment of Unliquidated Entries
Comment 4: Calculation of All-Others Rate
Comment 5: Clerical Error Allegation in the Investigation of 
Stainless Steel Sheet and Strip in Coils from Italy
Comment 6: Clarification of Valbruna Exporter Name
Comment 7: The Department's Briefing Schedule

[FR Doc. 07-2212 Filed 5-3-07; 8:45 am]
BILLING CODE 3510-DS-P