Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Notices 33525

1The petitioner in this investigation is the Rebar

Trade Action Coalition (RTAC), and its individual

members, AmeriSteel, Auburn Steel Co., Inc.,

Birmingham Steel Corp., Border Steel, Inc., Marion

Steel Company, Riverview Steel, and Nucor Steel

and CMC Steel Group.

Customs officials to assess antidumping

duties on all imports of the subject

merchandise entered, or withdrawn

from warehouse, for consumption on or

after the effective date of the suspension

of liquidation.

This determination is issued and

published in accordance with sections

735(d) and 777(i)(1) of the Act.

Dated: June 14, 2001.

Faryar Shirzad,

Assistant Secretary for Import

Administration.

Appendix

List of Comments in the Issues and

Decision Memorandum

I. GENERAL ISSUES

Comment 1: Value of iron ore

concentrate

Comment 2: Actual vs. theoretical

weight

Comment 3: Calculation of SG&A and

Overhead

Comment 4: Application of Overhead

Ratio to the Upstream Stages of

Production

Comment 5: Appropriate Surrogate

Values and Treatment for Certain

Material Inputs

Comment 6: Appropriate Rate for Ocean

Freight

Comment 7: Re-calculating Overhead to

Include the Cost of Minor Materials

Comment 8: Basis for Financial Ratios

Comment 9: Clerical Errors

[FR Doc. 01–15652 Filed 6–21–01; 8:45 am]

BILLING CODE 3510–DS–U

DEPARTMENT OF COMMERCE

International Trade Administration

[A–841–804]

Notice of Final Determination of Sales

at Less Than Fair Value: Steel

Concrete Reinforcing Bars from

Moldova

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: June 22, 2001.

FOR FURTHER INFORMATION CONTACT:

Nithya Nagarajan or Michele Mire at

(202) 482–5253 or (202) 482–4711,

respectively, AD/CVD Enforcement,

Office 4, Group II, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (the Act), are references to the

provisions effective January 1, 1995, the

effective date of the amendments made

to the Act by the Uruguay Round

Agreements Act (URAA). In addition,

unless otherwise indicated, all citations

to Department of Commerce (the

Department) regulations are to 19 CFR

part 351 (April 2000).

Final Determination

We determine that steel concrete

reinforcing bar (rebar) from Moldova is

being sold, or is likely to be sold, in the

United States at less than fair value

(LTFV), as provided in section 735 of

the Act. The estimated margin of sales

at LTFV is shown in the Final

Determination of Investigation section

of this notice.

Case History

On January 30, 2001, the Department

published the preliminary

determination of the antidumping

investigation of rebar from Moldova. See

Notice of Preliminary Determination of

Sales at Less Than Fair Value: Steel

Concrete Reinforcing Bars from

Moldova, 66 FR 8333 (January 30, 2001)

(Preliminary Determination). We

conducted verification of the

questionnaire responses of the

respondent, JV CJSC Moldova Steel

Works (MSW), during the week of

March 18, 2001. We gave interested

parties an opportunity to comment on

our Preliminary Determination and our

findings at verification. On April 26,

2001, MSW and the petitioner, the

Rebar Trade Action Coalition 1,

submitted case briefs; and on May 1,

2001, both parties submitted rebuttal

briefs. The Department received no

requests for a public hearing.

Section 734(m) of the Act states that

in the case of regional industry

investigations, the administering

authority shall offer exporters the

opportunity to enter into suspension

agreements. Proposed and finalized

agreements in these cases must comport

with the requirements set forth under

section 734 of the Act for the

suspension of antidumping duty

investigations. The exporter

participating in the instant investigation

was aware of its opportunity to propose

a suspension agreement. However, the

Department did not accept a suspension

agreement in this proceeding. See

Memorandum from Holly A. Kuga to

The File, dated March 30, 2001.

The Department has conducted this

investigation in accordance with section

731 of the Act.

Scope of Investigation

For purposes of this investigation, the

product covered is all steel concrete

reinforcing bars (rebar) sold in straight

lengths, currently classifiable in the

Harmonized Tariff Schedule of the

United States (HTSUS) under item

number 7214.20.00 or any other tariff

item number. Specifically excluded are

plain rounds (i.e., non-deformed or

smooth bars) and rebar that has been

further processed through bending or

coating. HTSUS subheadings are

provided for convenience and Customs

purposes only. The written description

of the scope of this proceeding is

dispositive.

Period of Investigation

The period of investigation (POI) is

October 1, 1999, through March 31,

2000. This period corresponds to the

two most recent fiscal quarters prior to

the month of the filing of the petition

(i.e., June 2000).

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this

proceeding and to which we have

responded are listed in the Appendix to

this notice and addressed in the ‘‘Issues

and Decision Memorandum’’ (Decision

Memorandum), dated June 14, 2001,

which is hereby adopted by this notice.

Parties can find a complete discussion

of the issues raised in this investigation

and the corresponding

recommendations in this public

memorandum which is on file in the

Central Records Unit, room B–099 (B–

099) of the main Department building.

In addition, a complete version of the

Decision Memorandum can be accessed

directly on the Web at http://

ia.ita.doc.gov. The paper copy and

electronic version of the Decision

Memorandum are identical in content.

Changes Since the Preliminary

Determination

Based on our findings at verification,

and analysis of comments received, we

have made adjustments to the

preliminary determination calculation

methodologies in calculating the final

dumping margin in this proceeding.

While we continued to use India as the

surrogate country, we made the

following changes: (1) We valued

oxygen and nitrogen based upon MSW’s

reported factors of production, which

were omitted inadvertently from the

preliminary determination; (2) we

valued lime and argon using United

33526 Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Notices

Nations (UN) Commodity Trade

Statistics for 1998; (3) we corrected the

inflator for brokerage and handling

expenses; (4) we corrected clerical

errors in the calculations of surrogate

financial ratios; and, (5) we based the

date of sale on the date of beginning of

production rather than the date of the

commercial sales invoice. These

adjustments are discussed in the

Decision Memorandum.

Verification

As provided in section 782(i) of the

Act, we verified the information

submitted by the respondent for use in

our final determination. We used

standard verification procedures

including examination of relevant

accounting and production records, and

original source documents provided by

the respondent.

Critical Circumstances

In a letter filed on August 22, 2000,

the petitioners alleged that there is a

reasonable basis to believe or suspect

that critical circumstances exist with

respect to imports of rebar from

Moldova. On November 27, 2000, the

Department published in the Federal

Register its preliminary determination

that critical circumstances exist for

imports of rebar from Moldova.

See Preliminary Determinations of

Critical Circumstances: Steel Concrete

Reinforcing Bars From Ukraine and

Moldova, 65 FR 70696 (November 27,

2000).

Since the preliminary determination,

we received MSW’s shipment data and,

based upon these data, we find that

critical circumstances do not exist for

imports of rebar from Moldova. This

determination is discussed in detail in

the Decision Memorandum and in the

Memorandum from Holly Kuga to

Bernard T. Carreau, ‘‘Antidumping Duty

Investigations of Steel Concrete

Reinforcing Bar from Moldova—Final

Negative Determination of Critical

Circumstances,’’ dated June 14, 2001.

Final Determination of Investigation

We determine that the following

weighted-average percentage margin

exists for the period October 1, 1999

through March 31, 2000:

Manufacturer/exporter Margin

(percent)

Moldova-Wide Rate .................... 232.86

The Moldova-wide rate applies to all

entries of the subject merchandise from

Moldova.

Continuation of Suspension of

Liquidation

Pursuant to section 735(c)(1)(B) of the

Act, we are instructing the U.S. Customs

Service (Customs) to continue to

suspend liquidation of all entries of

rebar from Moldova that are entered, or

withdrawn from warehouse, for

consumption on or after January 30,

2001 (the date of publication of the

Preliminary Determination in the

Federal Register). Customs shall

continue to require a cash deposit or the

posting of a bond equal to the estimated

amount by which the normal value

exceeds the U.S. price as shown above.

The suspension of liquidation

instructions will remain in effect until

further notice.

In addition, since we have determined

that critical circumstances do not exist

for imports of rebar from Moldova, we

are also instructing Customs to

terminate the suspension of liquidation

of, and refund all cash deposits and

release all bonds collected on, entries of

rebar from Moldova entered, or

withdrawn from warehouse, for

consumption from November 1, 2000

(90 days prior to the publication of the

Preliminary Determination in the

Federal Register) to January 29, 2001.

ITC Notification

In accordance with section 735(d) of

the Act, we have notified the

International Trade Commission (ITC) of

our determination. As our final

determination is affirmative, the ITC

will determine, within 45 days, whether

these imports are causing material

injury, or threat of material injury, to an

industry in the United States. If the ITC

determines that material injury, or

threat of injury does not exist, the

proceeding will be terminated and all

securities posted will be refunded or

canceled. If the ITC determines that

such injury does exist, the Department

will issue an antidumping order

directing Customs officials to assess

antidumping duties on all imports of the

subject merchandise entered or

withdrawn from warehouse for

consumption on or after the effective

date of the suspension of liquidation.

This determination is issued and

published in accordance with sections

735(d) and 777(i)(1) of the Act.

Dated: June 14, 2001.

Faryar Shirzad,

Assistant Secretary for Import

Administration.

Appendix—Issues in Decision

Memorandum

1: Whether India is a Significant Producer

of Comparable Merchandise

2: Quality of Surrogate Values for India

3: Selection of Surrogate to Value Selling,

General, and Administrative (SG&A)

Expenses and Profit

4: Market-Oriented Industry (MOI)

5: Separate Rates

6: Date of Sale

7: Sales Database Errors

8: Adjustments to Factors of Production

(FOP)

9: Calculation of Financial Ratios

[FR Doc. 01–15741 Filed 6–21–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–580–844]

Notice of Final Determination of Sales

at Less Than Fair Value: Steel

Concrete Reinforcing Bars From the

Republic of Korea

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: June 22, 2001.

FOR FURTHER INFORMATION CONTACT:

Mark Manning or Jeff Pedersen at (202)

482–3936 and (202) 482–4195, AD/CVD

Enforcement, Group II, Office 4, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (the Act), are references to the

provisions effective January 1, 1995, the

effective date of the amendments made

to the Act by the Uruguay Round

Agreements Act (URAA). In addition,

unless otherwise indicated, all citations

to the Department’s regulations are to 19

CFR Part 351 (2000).

Final Determination

We determine that steel concrete

reinforcing bar (rebar) from the Republic

of Korea (Korea) is being sold, or is

likely to be sold, in the United States at

less than fair value (LTFV), as provided

in section 735 of the Act. The estimated

margins of sales at LTFV are shown in

the Final Determination of Investigation

section of this notice.

Case History

The preliminary determination in this

investigation was published on January

30, 2001. See Notice of Preliminary

Determination of Sales at Less Than

Fair Value and Postponement of Final

Determination: Steel Concrete

Reinforcing Bars From the Republic of