[Federal Register Volume 72, Number 40 (Thursday, March 1, 2007)]
[Notices]
[Pages 9306-9307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3510]


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DEPARTMENT OF COMMERCE

International Trade Administration


Implementation of the Findings of the WTO Panel in US Zeroing 
(EC): Notice of Initiation of Proceedings Under Section 129 of the 
URAA; Opportunity to Request Administrative Protective Orders; and 
Proposed Timetable and Procedures

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.

ACTION:  Notice of Initiation of Proceedings Under Section 129 of the 
URAA; Opportunity to Request Administrative Protective Orders; and 
Proposed Timetable and Procedures

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DATES: March 1, 2007.

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 December 27, 2006, the Department published Antidumping 
Proceedings: Calculation of the Weighted Average Dumping Margin During 
an Antidumping Investigation; Final Modification; see 71 FR 77722 
(Final Modification) in the Federal Register. As stated in the Final 
Modification, the Department will no longer make average-to-average 
comparisons in antidumping duty investigations without providing 
offsets for non-dumped comparisons. The Department stated that, among 
other things, it would apply the Final Modification in the 
implementation of the findings of the WTO panel in United States - 
Laws, Regulations and Methodology for Calculating Dumping Margins 
(``Zeroing'') (WT/DS294) (US Zeroing (EC)) pursuant to section 129 of 
the Uruguay Round Agreements Act (URAA) with respect to the specific 
investigations challenged by the EC.
    The Department is initiating proceedings to implement the WTO 
panel's report in US - Zeroing (EC), consistent with section 129 of the 
URAA (Section 129 Proceedings) in the following antidumping duty 
investigations:
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)
    Although the EC challenged 15 antidumping duty investigations, the 
Department revoked the antidumping duty order associated with three of 
those investigations: Certain Cut-to-Length Carbon-Quality Steel Plate 
from France (A-427-816), Certain Stainless Steel Sheet and Strip in 
Coils from France (A-427-814), and Certain Stainless Steel Sheet and 
Strip in Coils from the United Kingdom (A-412-818). See Certain 
Stainless Steel Sheet and Strip in Coils from France and the United 
Kingdom; Final Results of Sunset Reviews and Revocation of Antidumping 
Duty Order, 70 FR 44894 (August 4, 2005); Revocation of Antidumping 
Duty Order: Certain Cut-To-Length Carbon-Quality Steel Plate from 
France, 70 FR 72787 (December 7, 2005). Pursuant to section 
129(c)(1)(B) of the URAA, a determination made under section 129 
applies to unliquidated entries of the subject merchandise 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 
determination. The date on which the U.S. Trade Representative directs 
the Department to implement the determination will necessarily be after 
the effective date of revocation of the above-cited three 
investigations. As a result, the Department is not conducting section 
129 proceedings with respect to the three investigations.

Scope of the Section 129 Proceedings

    The WTO panel found that the Department acted inconsistently with 
the Antidumping Agreement when it engaged in average-to-average 
comparisons during the challenged investigations without providing 
offsets for sales where the export price was greater than normal value. 
In these Section 129 Proceedings, it is the Department's intention to 
recalculate the weighted-average dumping margin starting with the 
calculation of the weighted-average dumping margin in the final 
determination of the original investigations. Where the Department 
issued an amended final determination, as a result of litigation or 
otherwise, the Department intends to start with the calculation of the 
weighted-average dumping margin in the most recent amended final 
determination. The Department is opening a separate administrative 
record in each of these Section 129 Proceedings, and placing on each 
administrative record an administrative protective order, the relevant 
databases, and the margin calculation computer program. The Department 
intends solely to recalculate the dumping margins using the methodology 
described in the Final Modification.

Opportunity to Request an Administrative Protective Order

    In accordance with section 351.305(b) of the Department's 
regulations, interested parties may request access to business 
proprietary information concerning these proceedings.

Timetable

    The Department intends to issue its draft results by February 26, 
2007, for each of the subject investigations. Interested parties may 
submit case briefs no later than two weeks after the issuance of the 
draft results, consistent with 19 CFR 351.309(c)(1)(i). Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than five days after the deadline for case briefs, consistent 
with 19 CFR 351.309(d). Interested parties may request a hearing on the 
issues raised in the case and rebuttal briefs no later than five days 
after the deadline for the case briefs. See 19 CFR 351.310(c) (stating 
the Secretary may alter the time for submitting a request for a 
hearing).
    The purpose of the Section 129 Proceedings is to render the 
Department's determination not inconsistent with the findings of the 
panel. To that end, the Department will

[[Page 9307]]

calculate the margins of dumping using the methodology announced in the 
Final Modification based on the databases on the record of the Section 
129 Proceedings. The Department will not accept any submissions prior 
to the issuance of the draft results. As set forth above, parties may 
file case briefs and rebuttal briefs after the drafts are issued. In 
accordance with the Department's regulations, case briefs must present 
all arguments that are in the submitter's view relevant to the final 
results. See 19 CFR 351.309(c)(2).
    This notice is not required by statute but is published as a 
service to the international trading community.

    Dated: February 22, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7-3510 Filed 2-28-07; 8:45 am]
BILLING CODE 3510-DS-S