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[Federal Register Volume 75, Number 101 (Wednesday, May 26, 2010)]
[Notices]
[Pages 29519-29520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12661]

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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 26, 2010.

FOR FURTHER INFORMATION CONTACT: Rebecca Pandolph or Howard Smith, AD/
CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, DC 20230, telephone: (202) 482-
3627 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 2, 2009, 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, 2008 through 
October 31, 2009. See Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 74 FR 56573 (November 2, 2009).
    On November 30, 2009, 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 23, 2009, in accordance with section 751(a) of 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, 74 FR 68229 (December 23, 2009).
    On December 23, 2009, 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 Huanan Valin 
had any shipments of subject merchandise during the POR. In addition, 
on January 13, 2010, 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 Memorandum to All Interested Parties regarding, 
``Antidumping Duty Administrative Review of Certain Cut-To-Length Steel 
Plate from the People's Republic of China (PRC): Hunan Valin Xiangtran 
Iron & Steel Co., Ltd.'s No Shipment Claim,'' dated March 16, 2010 
(``Intent to Rescind Memorandum''). CBP did not reply with contrary 
information. The Department provided interested parties in this review 
until March 23, 2010, 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,

[[Page 29520]]

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 deposit rate in effect on the date of entry, for entries 
during the period November 1, 2008 through October 31, 2009. 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: May 19, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-12661 Filed 5ndash;25-10; 8:45 am]
BILLING CODE 3510-DS-S
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