[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Notices]
[Pages 19527-19528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9809]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-201-822


Implementation of the Findings of the WTO Dispute Settlement 
Panel and Appellate Body in United States - Final Anti-Dumping Measures 
on Stainless Steel from Mexico: Notice of Determination Under Section 
129 of the Uruguay Round Agreements Act

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 31, 2009, the Department of Commerce (the Department) 
issued a determination regarding the dumping margin calculation in the 
less-than-fair-value investigation of stainless steel sheet and strip 
in coils (stainless steel) from Mexico challenged by Mexico before the 
World Trade Organization (WTO). On April 23, 2009, the U.S. Trade 
Representative (USTR) instructed the Department to implement in whole 
this determination under section 129 of the Uruguay Round Agreements 
Act (URAA). The Department is now implementing this determination.

EFFECTIVE DATE: The effective date of this determination is April 23, 
2009.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-2657 
or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 9, 2008, the Department advised interested parties it 
was initiating a proceeding under section 129 of the URAA to issue a 
determination with respect to the investigation of stainless steel from 
Mexico that would implement findings of the WTO dispute settlement 
panel in United States - Final Anti-Dumping Measures on Stainless Steel 
from Mexico, WT/DS344/R (December 20, 2007). On January 12, 2009, the 
Department issued its preliminary results, in which it recalculated the 
weighted-average dumping margins from the less-than-fair-value 
investigation of stainless steel from Mexico\1\ by applying the 
calculation

[[Page 19528]]

methodology described in Antidumping Proceedings: Calculation of the 
Weighted-Average Dumping Margin During an Antidumping Investigation; 
Final Modification, 71 FR 77722 (December 27, 2006). The Department 
also invited interested parties to comment on the preliminary results. 
After receiving comments and rebuttal comments from interested parties, 
the Department issued its final results for the section 129 
determination on March 31, 2009.
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    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order; Stainless Steel Sheet 
and Strip in Coils From Mexico, 64 FR 40560 (July 27, 1999) (Amended 
Final Determination and Order).
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    Consistent with section 129(b)(3) of the URAA, USTR held 
consultations with the Department and the appropriate congressional 
committees with respect to this determination. On April 23, 2009, in 
accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA, USTR 
directed the Department to implement in whole this determination.

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 USTR, 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 accompanying the URAA (SAA), H.R. Doc. No. 103-
316, Vol. 1 (1994), reprinted in 1994 U.S.C.C.A.N. 3773 variously 
refers to such a determination by the Department as a ``new,'' 
``second,'' and ``different'' determination. See SAA at 1025 and 1027. 
After consulting with the Department and the appropriate congressional 
committees, USTR 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 USTR 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 this proceeding are addressed in the final 
results of proceeding under section 129 of the URAA. See ``Issues and 
Decision Memorandum for the Final Results of Proceeding Under Section 
129 of the Uruguay Round Agreements Act: Antidumping Measures on 
Stainless Steel from Mexico'' from John M. Andersen, Acting Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Ronald K. Lorentzen, Acting Assistant Secretary for Import 
Administration, dated March 31, 2009 (Issues and Decision Memorandum), 
which is hereby adopted by this notice. The Issues and Decision 
Memorandum is on file in the Central Records Unit (CRU), room 1117 of 
the Department of Commerce main building and can be accessed directly 
at http://ia.ita.doc.gov/download/section129/full-129-index.html. The 
paper copy and electronic version of the Issues and Decision Memorandum 
are identical in content. A list of the issues addressed in the Issues 
and Decision Memorandum is appended to this notice.

Final Antidumping Margins

    The recalculated margins, unchanged from the preliminary results, 
are as follows:

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     Manufacturer/Exporter           Amended Final Determination\2\       Recalculated Weighted-Average Margins
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ThyssenKrupp Mexinox S.A. de                              30.85 percent                            30.69 percent
 C.V.\3\......................
All Others....................                            30.85 percent                            30.69 percent
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\2\ See Amended Final Determination and Order, 64 FR at 40562.
\3\ This company was included in the less-than-fair-value investigation under the name of its predecessor,
  Mexinox S.A. de C.V. However, the Department subsequently made a formal successor-in-interest finding with
  respect to this company. See Stainless Steel Sheet and Strip in Coils from Mexico: Final Results of Changed
  Circumstances Antidumping Duty Administrative Review, 67 FR 48878 (July 26, 2002).

Implementation

    On April 23, 2009, in accordance with sections 129(b)(4) and 
129(c)(1)(B) of the URAA, USTR directed the Department to implement 
this determination, effective April 23, 2009. Accordingly, we will 
instruct U.S. Customs and Border Protection (CBP) to change the all-
others cash-deposit rate from 30.85 percent ad valorem to 30.69 percent 
ad valorem.
    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
section 129(c)(2)(A) of the URAA.

    Dated: April 23, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

Issues Raised in the Issues and Decision Memorandum

Comment 1: Whether the Department Should Recalculate Margins in Eight 
Administrative Reviews
[FR Doc. E9-9809 Filed 4-28-09; 8:45 am]
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