57602 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

containing the public version of those 

comments. 

Any interested party may request a 

hearing within 30 days of publication of 

this notice. See 19 CFR 351.310(c). 

Interested parties who wish to request a 

hearing or to participate if one is 

requested, must submit a written 

request to the Assistant Secretary for 

Import Administration within 30 days 

of publication of this notice. Requests 

should contain: (1) The party’s name, 

address, and telephone number; (2) the 

number of participants; and (3) a list of 

issues to be discussed. See 19 CFR 

351.310(c). Issues raised in the hearing 

will be limited to those raised in the 

briefs. 

Unless the deadline is extended 

pursuant to section 751(a)(2)(B)(iv) of 

the Tariff Act, the Department will issue 

the final results of this new shipper 

review, including the results of our 

analysis of the issues raised by the 

parties in their comments, within 90 

days of publication of these preliminary 

results. 

Assessment Rates 

Upon issuing the final results of the 

review, the Department shall determine, 

and CBP shall assess, antidumping 

duties on all appropriate entries. The 

Department intends to issue assessment 

instructions to CBP 15 days after the 

date of publication of the final results of 

review. Pursuant to 19 CFR 

351.212(b)(1), we will calculate 

importer-specific ad valorem duty 

assessment rates based on the ratio of 

the total amount of the dumping 

margins calculated for the examined 

sales to the total entered value of those 

same sales. We will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review if any importer-specific 

assessment rate calculated in the final 

results of this review is above de 

minimis. However, the final results of 

this review shall be the basis for the 

assessment of antidumping duties on 

entries of merchandise covered by the 

final results of these reviews and for 

future deposits of estimated duties, 

where applicable. 

Cash Deposit Requirements 

The following cash deposit 

requirements, when imposed, will be 

effective upon publication of the final 

results of this new shipper review for all 

shipments of subject merchandise 

exported by Golden Banyan entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, as provided by section 751(a)(2)(C) 

of the Tariff Act: (1) For subject 

merchandise manufactured and 

exported by Golden Banyan, the cashdeposit rate will be that established in 

the final results of this review; (2) for 

subject merchandise exported by 

Golden Banyan but not manufactured by 

Golden Banyan, the cash deposit rate 

will continue to be the PRC-wide rate 

(i.e., 198.63 percent); and (3) for subject 

merchandise manufactured by Golden 

Banyan but exported by any other party, 

the cash deposit rate will be the rate 

applicable to the exporter. If the cash 

deposit rate calculated for Golden 

Banyan in the final results is zero or de 

minimis, a zero cash deposit will be 

required for entries of subject 

merchandise both produced and 

exported by Golden Banyan. These cash 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice serves as a preliminary 

reminder to importers 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 presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

This new shipper review and notice 

are in accordance with sections 

751(a)(2)(B) and 777(i) of the Tariff Act 

and 19 CFR 351.214(h)(i). 

Dated: September 29, 2008. 

David Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–23396 Filed 10–2–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–823–808] 

Suspension of Antidumping 

Investigation: Certain Cut-to-Length 

Carbon Steel Plate From Ukraine 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Notice of revised suspension 

agreement on certain cut-to-length 

carbon steel plate from Ukraine. 

EFFECTIVE DATE: November 1, 2008. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) has revised the 

agreement suspending the antidumping 

duty investigation involving certain cutto-length carbon steel plate (‘‘CTL 

plate’’) from Ukraine. The basis for this 

action is an agreement between the 

Department and Ukrainian CTL plate 

producers accounting for substantially 

all imports of CTL plate from Ukraine, 

wherein each signatory producer/ 

exporter individually agrees to make 

any necessary price revisions to 

eliminate completely any amount by 

which the normal value (NV) of this 

merchandise exceeds the U.S. price of 

its merchandise subject to the 

Agreement. 

FOR FURTHER INFORMATION CONTACT: 

Judith Wey Rudman or Jay Carreiro at 

(202) 482–0192 or (202) 482–3674, 

respectively; Office of Policy, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street & Constitution 

Avenue, NW., Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 24, 1997, the Department 

entered into an agreement with the 

Government of Ukraine which 

suspended the antidumping duty 

investigation on certain cut-to-length 

carbon steel plate (CTL plate) from 

Ukraine. See Suspension of 

Antidumping Duty Investigation: 

Certain Cut-to-Length Carbon Steel Plate 

from Ukraine, 62 FR 61766 (November 

19, 1997). In accordance with section 

734(g) of the Tariff Act of 1930 (the Act), 

on November 19, 1997, the Department 

also published its final determination of 

sales at less than fair value in this case. 

See Notice of Final Determination of 

Sales at Less Than Fair Value: Certain 

Cut-to-Length Carbon Steel Plate From 

Ukraine, 62 FR 61754 (November 19, 

1997). 

On February 17, 2006, based on the 

evidence of economic reforms to that 

date, the Department revoked Ukraine’s 

status as a non-market economy country 

under section 771(18)(B) of the Act, 

effective on February 1, 2006. Based on 

a request by certain Ukrainian 

producers of CTL plate, we are 

converting the current non-market 

economy suspension agreement to a 

market economy agreement. On August 

5, 2008, representatives of OJSC 

Alchevsk Iron & Steel Works, Azovstal 

Iron & Steel Works, and Ilyich Iron & 

Steel Works (collectively the ‘‘Ukrainian 

CTL plate producers’’) initialed a 

proposed, revised suspension 

agreement. We invited interested parties 

to comment on the proposed agreement. 

We received no comments. 

On September 29, 2008, the revised 

Suspension Agreement was signed by 

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1However, the export licenses issued prior to the 

effective date of this agreement will be valid until 

their expiration date (i.e. 60 days after issuance) 

pursuant to the terms of the October 24, 1997 

suspension agreement. 

2The issuance of the NV may be delayed in order 

to resolve issues raised in comments from 

interested parties or by the Department and for the 

purpose of allowing sufficient time for signatories 

to respond to the Department’s request for sales and 

cost data. In accordance with section 773(f) of the 

Act, the Department will examine prices and costs 

within Ukraine and, for any sales period, may 

disregard particular prices or costs when the prices 

are not in the ordinary course of trade, the costs are 

not in accordance with the generally accepted 

accounting principles, the costs do not reasonably 

reflect the costs associated with the production and 

sale of the merchandise, or in other situations 

provided for in the Act or the Department’s 

regulations. Examples of possible areas in which 

adjustments may be necessary include, but are not 

limited to, costs related to energy, depreciation, 

transactions among affiliates, barters, as well as 

items that are not recognized by the home country’s 

generally accepted accounting principles. 

representatives of the Ukrainian CTL 

plate producers and the Department. 

The effective date of the agreement is 

November 1, 2008. 

Scope of the Agreement 

For a complete description of the 

scope of the agreement, See Agreement 

Suspending the Antidumping 

Investigation on Certain Cut-to-Length 

Carbon Steel Plate from Ukraine, 

Appendix A, attached hereto. 

Suspension of Investigation 

The Department consulted with the 

parties to the proceeding and, in 

accordance with section 734(b) of the 

Act, we have determined that the 

agreement will eliminate completely 

sales at less than fair value of imported 

subject merchandise. Moreover, in 

accordance with section 734(d) of the 

Act, we find that the agreement is in the 

public interest, and that the agreement 

can be monitored effectively. See Public 

Interest and Effective Monitoring 

Assessment Memorandum, dated 

September 29, 2008. We find, therefore, 

that the criteria for suspension of an 

investigation pursuant to sections 734(b) 

and (d) of the Act have been met. The 

terms and conditions of this agreement, 

signed September 29, 2008, are set forth 

in Appendix I to this notice. 

Administrative Protective Order Access 

The Administrative Protective Orders 

(APOs) the Department granted in the 

original investigation segment of this 

proceeding remain in place. While the 

investigation is suspended, parties 

subject to those APOs may retain, but 

may not use, information received 

under those APOs. All parties wishing 

access to business proprietary 

information submitted during the 

administration of the 2008 Suspension 

Agreement must submit new APO 

applications, using the Department’s 

current application, Form ITA– 

367(2.08). An APO for the 

administration of the 2008 Suspension 

Agreement will be placed on the record 

within five days of the date of 

publication of this notice in the Federal 

Register. 

Business proprietary information 

released under APO in the 1997 

Suspension of Antidumping Duty 

Investigation: Certain Cut-to-Length 

Carbon Steel Plate from Ukraine must 

be destroyed in accordance with item 

19(d) of the Department’s application 

for APO, Form ITA–367 (3.89). 

We are publishing this notice in 

accordance with section 734(f)(1)(A) of 

the Act and 19 CFR 351.208(g)(2). 

Dated: September 29, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

APPENDIX I 

Agreement Suspending the 

Antidumping Investigation of Certain 

Cut-to-Length Carbon Steel Plate From 

Ukraine (A–823–808) 

Pursuant to section 734(b) of the Tariff Act 

of 1930, as amended (19 U.S.C. § 1673c(b)) 

(the ‘‘Act’’), and 19 CFR 351.208 (the 

‘‘Regulations’’), the U.S. Department of 

Commerce (the ‘‘Department’’) and the 

signatory producers/exporters of certain cutto-length carbon steel plate from Ukraine (the 

‘‘Signatories’’) enter into this suspension 

agreement (the ‘‘Agreement’’). As of the 

effective date, this Agreement supersedes the 

suspension agreement entered into by the 

Department and the Government of Ukraine 

on October 24, 1997. By agreement of the 

Parties, the October 24, 1997 suspension 

agreement shall cease to have force or effect 

as of the effective date of this Agreement.1

On the basis of this Agreement, the 

Department shall continue to suspend its 

antidumping investigation, which it 

completed on October 24, 1997 (62 FR 61754, 

November 19, 1997), with respect to certain 

cut-to-length carbon steel plate from Ukraine, 

subject to the terms and provisions set forth 

below. 

(A) Product Coverage 

For purposes of this Agreement, the 

products covered are certain cut-to-length 

carbon steel plate, as described in Appendix 

A. 

(B) U.S. Import Coverage 

The signatory producers/exporters 

collectively are the producers and exporters 

in Ukraine that, during the most recently 

completed calendar year, accounted for 

substantially all (not less than 85 percent) of 

the subject merchandise imported into the 

United States, as provided in the 

Department’s regulations. The Department 

may at anytime during the period of the 

Agreement require additional producers/ 

exporters in Ukraine to sign the Agreement 

in order to ensure that not less than 

substantially all imports into the United 

States are covered by the Agreement. 

In reviewing the operation of the 

Agreement for the purpose of determining 

whether this Agreement has been violated or 

is no longer in the public interest, the 

Department will consider imports into the 

United States from all sources of the 

merchandise described in Section A of the 

Agreement. For this purpose, the Department 

will consider factors including, but not 

limited to, the following: volume of trade, 

pattern of trade, whether or not the reseller 

is an original equipment manufacturer, and 

the reseller’s export price (‘‘EP’’). 

(C) Basis of the Agreement 

On and after the effective date of the 

Agreement, each signatory producer/exporter 

individually agrees to make any necessary 

price revisions to eliminate completely any 

amount by which the normal value (‘‘NV’’) of 

this merchandise exceeds the U.S. price of its 

merchandise subject to the Agreement. For 

this purpose, the Department will determine 

the NV in accordance with section 773(e) of 

the Act and U.S. price in accordance with 

section 772 of the Act. 

(1) For the period from the effective date 

of this Agreement through the release of the 

first NVs, each signatory producer/exporter 

agrees not to sell its merchandise subject to 

this Agreement in the United States. 

(2) For all sales occurring on and after the 

date of issuance of the first NVs, each 

signatory producer/exporter agrees not to sell 

its merchandise subject to this Agreement to 

any unaffiliated purchaser in the United 

States at prices that are less than the NV of 

the merchandise, as determined by the 

Department. These NVs shall apply to sales 

occurring during the semi-annual period (i.e., 

January through June and July through 

December), beginning on the first day of the 

month following the date the Department 

provides the NVs, except that for the period 

from the effective date of this Agreement 

through December 31, 2008, the NVs are 

applicable on the effective date of this 

Agreement or upon issuance of the final NVs, 

whichever comes later. 

(3) Normally, preliminary NVs for the 

January through June semi-annual period 

will be provided to the parties on November 

20 and the final NVs will be provided to the 

parties on December 20. Normally, the 

preliminary NVs for the July through 

December semi-annual period will be 

provided to the parties on May 20 and the 

final NVs will be provided to the parties on 

June 20.2

(D) Monitoring 

Each signatory producer/exporter will 

supply to the Department all information that 

the Department decides is necessary to 

ensure that the producer/exporter is in full 

compliance with the terms of the Agreement. 

As explained below, the Department will 

provide each signatory producer/exporter a 

detailed request for information and 

prescribe a required format and method of 

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data compilation, not later than the 

beginning of each reporting period. 

(1) Sales Information 

The Department will require each 

producer/exporter to report, in electronic 

form in the prescribed format and using the 

prescribed method of data compilation, each 

sale of the merchandise subject to the 

Agreement, either directly or indirectly to 

unaffiliated purchasers in the United States, 

including each adjustment applicable to each 

sale, as specified by the Department. 

Each signatory producer/exporter 

requesting NVs as of the effective date of the 

Agreement through December 31, 2008 will 

have submitted sales data, covering the 

period from July 1, 2007 to December 31, 

2007, prior to the effective date of this 

Agreement. Each signatory producer/exporter 

requesting NVs to be effective from January 

1, 2009 to June 30, 2009 will have submitted 

sales data, covering the period from January 

1, 2008 to June 30, 2008, prior to the effective 

date of this Agreement. After the effective 

date of this Agreement, the first report of 

sales data shall be submitted to the 

Department, in electronic form (e.g., on 

diskette, zip disk, or CD ROM) in the 

prescribed format and using the prescribed 

method of data compilation, not later than 

January 31, 2009, and shall contain the 

specified sales information covering the 

period July 1, 2008 to December 31, 2008. 

Subsequent reports of sales data shall be 

submitted to the Department not later than 

July 31 and January 31 of each year, and each 

report shall contain the specified sales 

information for the semiannual period 

ending one month prior to the due date, 

except that if the Department receives 

information that a possible violation of the 

Agreement may have occurred, the 

Department may request sales data on a more 

frequent basis. 

(2) Cost Information 

Producers/exporters must request NVs for 

all subject merchandise that will be sold in 

the United States. For those products for 

which the producer/exporter is requesting 

NVs, the Department will require each 

producer/exporter to report: its actual cost of 

manufacturing; selling, general and 

administrative (‘‘SG&A’’) expenses; and 

profit data on a semiannual basis, in the 

prescribed format and using the prescribed 

method of data compilation. As indicated in 

Appendix B, profit will be reported by the 

producers/exporters on a semiannual basis. 

Each such producer/exporter also must 

report anticipated increases in production 

costs in the semiannual period in which the 

information is submitted resulting from 

factors such as anticipated changes in 

production yield, changes in production 

processes, changes in production quantities 

or changes in production facilities. 

Each signatory producer/exporter 

requesting NVs as of the effective date of the 

Agreement through December 31, 2008 will 

have submitted cost data, covering the period 

from July 1, 2007 to December 31, 2007, prior 

to the effective date of this Agreement. Each 

signatory producer/exporter requesting NVs 

for the period January 1, 2009 to June 30, 

2009 will have submitted cost data, covering 

the period from January 1, 2008 to June 30, 

2008, prior to the effective date of this 

Agreement. After the effective date of this 

Agreement, the first report of cost data shall 

be submitted to the Department not later than 

February 14, 2009, and shall contain the 

specified cost data covering the period July 

1, 2008 to December 31, 2008. Each 

subsequent report shall be submitted to the 

Department not later than August 14 and 

February 14 of each year, and each report 

shall contain the specified information for 

the semiannual period ending 45 days prior 

to the due date. 

(3) Special Adjustment of Normal Value 

If the Department determines that the NV 

it calculated for a previous semiannual 

period was erroneous because the reported 

costs for that period were inaccurate or 

incomplete, or for any other reason, the 

Department may adjust the NV in a 

subsequent period or periods, unless the 

Department determines that Section F of the 

Agreement applies. 

(4) Verification 

Each producer/exporter agrees to permit 

full verification of all cost and sales 

information semiannually, or more 

frequently, as the Department deems 

necessary. 

(5) Bundling or Other Arrangements 

Producers/exporters agree not to 

circumvent the Agreement. In accordance 

with the dates set forth in section D(1) of this 

Agreement, producers/exporters will submit 

a written statement to the Department 

certifying that the sales reported herein were 

not, or are not part of or related to, any 

bundling arrangement, on-site processing 

arrangement, discounts/free goods/financing 

package, swap or other exchange where such 

arrangement is designed to circumvent the 

basis of the Agreement. 

Where there is reason to believe that such 

an arrangement does circumvent the basis of 

the Agreement, the Department will request 

producers/exporters to provide within 15 

days all particulars regarding any such 

arrangement, including, but not limited to, 

sales information pertaining to covered and 

non-covered merchandise that is 

manufactured or sold by producers/ 

exporters. The Department will accept 

written comments, not to exceed 30 pages, 

from all parties no later than 15 days after the 

date of receipt of such producer/exporter 

information. 

If the Department, after reviewing all 

submissions, determines that such 

arrangement circumvents the basis of the 

Agreement, it may, as it deems most 

appropriate, utilize one of two options: (1) 

The amount of the effective price discount 

resulting from such arrangement shall be 

reflected in the NV in accordance with 

section D(3) of this Agreement, or (2) the 

Department shall determine that the 

Agreement has been violated and take action 

according to the provisions under section F 

of this Agreement. 

(6) Rejection of Submissions 

The Department may reject any 

information submitted after the deadlines set 

forth in this section or any information that 

it is unable to verify to its satisfaction. If 

information is not submitted in a complete 

and timely fashion or is not fully verifiable, 

the Department may calculate NV, and/or 

U.S. price based on facts otherwise available, 

as it determines appropriate, unless the 

Department determines that section F of this 

Agreement applies. 

(E) Disclosure and Comment 

(1) The Department may make available to 

representatives of each interested party to the 

proceeding, under appropriately drawn 

administrative protective orders, business 

proprietary information submitted to the 

Department during the reporting period as 

well as the results of its analysis under 

section 777 of the Act. 

(2) For the sales period beginning on 

January 1, 2009, the Department will disclose 

to each producer/exporter the preliminary 

results and methodology of the Department’s 

calculations of its NVs not later than 

November 20, 2008. At that time, the 

Department may also make available such 

information to the interested parties to the 

proceeding in accordance with this section. 

(3) Normally, not later than May 20 and 

November 20 of each ensuing sales period, 

the Department will disclose to each 

producer/exporter the preliminary results 

and methodology of the Department’s 

calculations of its NVs. At that time, the 

Department may also make available such 

information to the interested parties to the 

proceeding, in accordance with this section. 

(4) Not later than 7 days after the date of 

disclosure under section E(2) and E(3) of this 

Agreement, the parties to the proceeding may 

submit written comments to the Department, 

not to exceed 15 pages. Parties may submit 

rebuttal briefs within five days after the time 

limit for filing the aforementioned written 

comments. After reviewing these 

submissions, the Department will provide to 

each producer/exporter its NVs as provided 

in section C(2) of this Agreement. In 

addition, the Department may provide such 

information to interested parties as specified 

in this section. 

(F) Violations of the Agreement 

If the Department determines that the 

Agreement is being or has been violated or 

no longer meets the requirements of section 

734(b) or (d) of the Act, the Department shall 

take action it determines appropriate under 

section 734(i) of the Act and the applicable 

regulations. 

(G) Other Provisions 

In entering into the Agreement, the 

signatory producers/exporters do not admit 

that any sales of merchandise subject to the 

Agreement have been made at less than fair 

value. 

(H) Termination or Withdrawal 

Termination of the suspended 

investigation will be considered in 

accordance with the five-year review 

provisions of section 351.218 of the 

Department’s regulations. 

Any producer/exporter may withdraw from 

the Agreement at any time upon notice to the 

Department. Withdrawal shall be effective 60 

days after such notice is given to the 

Department. Upon withdrawal, the 

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3See footnote 1 in Section C(2) of the Agreement. 

Department shall follow the procedures 

outlined in section 734(i)(1) of the Act. 

(I) Definitions 

For purposes of the Agreement, the 

following definitions apply: 

(1) ‘‘U.S. price’’ means the EP or 

constructed export price (‘‘CEP’’) at which 

merchandise is sold by the producer or 

exporter to the first unaffiliated person in the 

United States, including the amount of any 

discounts, rebates, price protection or ship 

and debit adjustments, and other adjustments 

affecting the net amount paid or to be paid 

by the unaffiliated purchaser, as determined 

by the Department under section 772 of the 

Act. 

(2) ‘‘Normal value’’ means the constructed 

value (‘‘CV’’) of the merchandise, as 

determined by the Department under section 

773 of the Act and the corresponding 

sections of the Department’s regulations, and 

as adjusted in accordance with Appendix B 

to this Agreement. 

(3) ‘‘Producer/Exporter’’ means (1) the 

foreign manufacturer or producer, (2) the 

foreign producer or reseller which also 

exports, and (3) the affiliated person by 

whom or for whose account the merchandise 

is imported into the United States, as defined 

in section 771(28) of the Act. 

(4) ‘‘Date of sale’’ means the date of the 

invoice as recorded in the exporter’s or 

producer’s records kept in the ordinary 

course of business, unless the Department 

determines that a different date better reflects 

the date on which the exporter or producer 

establishes the material terms of sale, as 

determined by the Department under its 

regulations. 

The effective date of this Agreement is 

November 1, 2008. 

For the Ukrainian Producers/Exporters: 

lllllllllllllllllllll

Walter J. Spak, 

for OJSC Alchevsk Iron and Steel Works. 

Date: September 29, 2008. 

lllllllllllllllllllll

Martin J. Lewin, 

for Azovstal Iron & Steel Works. 

Date: September 29, 2008. 

lllllllllllllllllllll

Martin J. Lewin, 

for Ilyich Iron & Steel Works. 

Date: September 29, 2008. 

For the U.S. Department of Commerce: 

lllllllllllllllllllll

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

Date: September 29, 2008. 

Appendix A—Product Coverage 

For purposes of this Agreement, the 

products covered are hot-rolled iron and nonalloy steel universal mill plates (i.e., flatrolled products rolled on four faces or in a 

closed box pass, of a width exceeding 150 

mm but not exceeding 1250 mm and of a 

thickness of not less than 4 mm, not in coils 

and without patterns in relief), of rectangular 

shape, neither clad, plated nor coated with 

metal, whether or not painted, varnished, or 

coated with plastics or other nonmetallic 

substances; and certain iron and non-alloy 

steel flat-rolled products not in coils, of 

rectangular shape, hot-rolled, neither clad, 

plated, nor coated with metal, whether or not 

painted, varnished, or coated with plastics or 

other nonmetallic substances, 4.75 mm or 

more in thickness and of a width which 

exceeds 150 mm and measures at least twice 

the thickness. Included as subject 

merchandise in the Agreement are flat-rolled 

products of nonrectangular cross-section 

where such cross-section is achieved 

subsequent to the rolling process (i.e., 

products which have been ‘‘worked after 

rolling’’)—for example, products which have 

been bevelled or rounded at the edges. This 

merchandise is currently classified in the 

Harmonized Tariff Schedule of the United 

States (HTS) under item numbers 

7208.40.3030, 7208.40.3060, 7208.51.0030, 

7208.51.0045, 7208.51.0060, 7208.52.0000, 

7208.53.0000, 7208.90.0000, 7210.70.3000, 

7210.90.9000, 7211.13.0000, 7211.14.0030, 

7211.14.0045, 7211.90.0000, 7212.40.1000, 

7212.40.5000, 7212.50.0000. Although the 

HTS subheadings are provided for 

convenience and customs purposes, our 

written description of the scope of this 

agreement is dispositive. Specifically, 

excluded from the subject merchandise 

within the scope of this Agreement is grade 

X–70 plate. 

Appendix B—Principles of Cost 

General Framework 

The cost information reported to the 

Department that will form the basis of the NV 

calculations for purposes of the Agreement 

must be: 3

• Comprehensive in nature and based on 

a reliable accounting system (i.e., a system 

based on well-established standards that can 

be tied to the audited financial statements); 

• Calculated on a semiannual weightedaverage basis of the plants or cost centers 

manufacturing the product; 

• Based on fully-absorbed costs of 

production, including any downtime; 

• Valued in accordance with generally 

accepted accounting principles; and 

• Reflective of appropriately allocated 

common costs so that the costs necessary for 

the manufacturing of the product are not 

absorbed by other products. 

Additionally, a single figure should be 

reported for each cost component making up 

the cost of production. 

Cost of Manufacturing (‘‘COM’’) 

COM is reported by major cost category 

and for major stages of production. Weightedaverage costs are used for a product that is 

produced at more than one facility, based on 

the product’s cost at each facility and relative 

production quantities. 

Direct materials costs include the 

acquisition costs of all materials that are 

identified as part of the finished product and 

may be traced to the finished product in an 

economically feasible way. In contrast to 

indirect materials, direct materials are 

applied and assigned directly to a finished 

product. Direct materials costs should 

include transportation charges, import 

duties, and other expenses normally 

associated with obtaining the materials that 

become an integral part of the finished 

product. 

Direct labor costs are the labor costs 

identified with a specific product. These 

costs are not allocated among products 

except when two or more products are 

produced at the same cost center. Direct labor 

costs should include salary, bonus and 

overtime pay, training expenses, and all 

fringe benefits. Any contracted-labor expense 

should reflect the actual billed cost. 

Variable manufacturing overhead costs 

include those production costs, other than 

direct materials or direct labor, that generally 

vary in total with changes in the volume of 

merchandise produced at a given level of 

operations. Variable manufacturing overhead 

costs may include indirect materials (e.g., 

supplies used in the manufacturing process), 

indirect labor (e.g. supervisory labor paid on 

an hourly basis), utilities (e.g., energy), and 

other variable overhead costs. Because 

variable overhead costs are typically incurred 

for an entire production line or factory, the 

costs must be allocated to the products 

produced using a reasonable basis. 

Fixed manufacturing overhead costs 

include those production costs that generally 

do not vary in total with changes in the 

volume of merchandise produced at a given 

level of operations. Fixed manufacturing 

overhead costs may include the costs 

incurred for building or equipment rental, 

depreciation, supervisory labor paid on a 

salary basis, plant property taxes, and factory 

administrative costs. In addition, fixed 

manufacturing overhead costs include 

research and development (‘‘R&D’’) costs that 

relate specifically to the subject merchandise. 

Cost of Production (‘‘COP’’) 

COP is equal to the sum of direct materials, 

direct labor, variable manufacturing 

overhead, and fixed manufacturing overhead 

(i.e. COM) plus SG&A expenses in the home 

market (‘‘HM’’). 

SG&A expenses are those expenses 

incurred for the operation of the corporation 

as a whole and not directly related to the 

manufacture of a particular product. They 

include corporate general and administrative 

expenses, financing expenses, and general 

research and development expenses. 

Additionally, direct and indirect selling 

expenses incurred in the HM for sales of the 

product under investigation are included. 

Such expenses are allocated to COM using a 

ratio of SG&A costs. 

Constructed Value 

CV is equal to the sum of materials, labor 

and overhead (COM) and SG&A expenses 

plus profit in the comparison market and the 

cost of packing for exportation to the United 

States. 

Calculation of Suspension Agreement 

Normal Values 

NVs (for purposes of the Agreement) are 

calculated by adjusting the CV and are 

provided for both EP and CEP transactions. 

In effect, any expenses uniquely associated 

with the covered products sold in the HM are 

subtracted from the CV, and any such 

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57606 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

expenses that are uniquely associated with 

the covered products sold in the United 

States are added to the CV to calculate the 

NV. 

‘‘Export Price’’—Generally, a U.S. sale is 

classified as an EP sale when the first sale to 

an unaffiliated person occurs before the 

goods are imported into the United States. In 

cases where the foreign manufacturer knows 

or has reason to believe that the merchandise 

is ultimately destined for the United States, 

the manufacturer’s sale is the sale subject to 

review. If, on the other hand, the 

manufacturer sold the merchandise to a 

foreign trader without knowledge of the 

trader’s intention to export the merchandise 

to the United States, then the trader’s first 

sale to an unaffiliated person is the sale 

subject to review. For EP NVs, the CV is 

adjusted for movement costs and differences 

in direct selling expenses such as, 

commissions, credit, warranties, technical 

services, advertising, and sales promotion. 

‘‘Constructed Export Price’’—Generally, a 

U.S. sale is classified as a CEP sale when the 

first sale to an unaffiliated person occurs 

after importation. However, if the first sale to 

an unaffiliated person is made by a person 

in the United States affiliated with the 

foreign exporter, CEP applies even if the sale 

occurs prior to importation, unless the U.S. 

affiliate performs only clerical functions in 

connection with the sale. For CEP NVs, the 

CV is adjusted similar to EP sales, with 

differences for adjustment to U.S. and HM 

indirect selling expenses. 

Home market direct selling expenses are 

expenses that are incurred as a direct result 

of a sale. These include such expenses as 

commissions, advertising, discounts and 

rebates, credit, warranty expenses, freight 

costs, etc. Certain direct-selling expenses are 

treated individually. They include: 

• Commission expenses, i.e., payments to 

unaffiliated parties for sales in the HM. 

• Credit expenses, i.e., expenses incurred 

for the extension of credit to HM customers. 

• Movement expenses, e.g., foreign inland 

freight and insurance expenses, warehousing, 

and foreign brokerage, handling and port 

charges. 

U.S. direct selling expenses are the same as 

HM direct selling expenses except that they 

are incurred for sales in the United States. 

Movement expenses are additional expenses 

associated with importation into the United 

States, which typically include: U.S. inland 

freight and insurance expenses; U.S. 

brokerage, handling and port charges; U.S. 

Customs duties, U.S. warehousing; and 

international freight and insurance. 

U.S. indirect selling expenses include 

general fixed expenses incurred by the U.S. 

sales subsidiary or affiliated exporter for 

sales to the United States and may also 

include a portion of indirect expenses 

incurred in the HM for export sales, if those 

expenses are associated with commercial 

activity that takes place in the United States. 

The EP and CEP NVs are calculated as 

follows: 

For EP transactions 

+ Direct Materials. 

+ Direct Labor. 

For EP transactions 

+ Factory Overhead. 

= Cost of Manufacturing (COM). 

+ Home Market SG&A. 

= Cost of Production (COP). 

+ U.S. Packing. 

+ Profit. 

= Constructed Value. 

+ U.S. Direct-Selling Expense. 

+ U.S. Commission Expense. 

+ U.S. Movement Expense. 

+ U.S. Credit Expense. 

¥ HM Direct-Selling Expense. 

¥ HM Commission Expense.1

¥ HM Credit Expense. 

= NV for EP Sales. 

1 If the company does not have HM commissions, HM indirect expenses are subtracted 

only up to the amount of the U.S. 

Commissions. 

For CEP transactions 

+ Direct Materials. 

+ Direct Labor. 

+ Factory Overhead. 

= Cost of Manufacturing (COM). 

+ Home Market SG&A. 

= Cost of Production (COP). 

+ U.S. Packing. 

+ Profit. 

= Constructed Value. 

+ U.S. Direct-Selling Expense. 

+ U.S. Indirect-Selling Expense. 

+ U.S. Commission Expense. 

+ U.S. Movement Expense. 

+ U.S. Credit Expense. 

+ U.S. Further Manufacturing Expenses 

(if any). 

+ CEP Profit. 

¥ HM Direct-Selling Expense. 

¥ HM Commission Expense.1

¥ HM Credit Expense. 

= NV for CEP Sales. 

1 If the company does not have HM commissions, HM indirect expenses are subtracted 

only up to the amount of the U.S. 

Commissions. 

[FR Doc. E8–23393 Filed 10–2–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Notice and Call for Applications for 

Trade Mission to Warsaw, Poland in 

Conjunction With Trade Winds Forum 

Europe, April 19–22, 2009 

AGENCY: International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice and Call for Applications 

for the Trade Mission to Warsaw, 

Poland in conjunction with Trade 

Winds Forum Europe, April 19–22, 

2009. 

I. Mission Description 

The United States Department of 

Commerce, International Trade 

Administration, U.S. and Foreign 

Commercial Service is organizing a 

trade mission to Warsaw, Poland, April 

22, 2009, in conjunction with the Trade 

Winds Europe Business Development 

Forum in Warsaw, Poland, April 19–21, 

2009. 

The 2009 Trade Winds Forum Europe 

will include general conference sessions 

on pan-European business issues and 

pre-arranged consultations with Senior 

Commercial Officers from U.S. 

Embassies throughout Europe. The 

Trade Mission to Poland will add 

another dimension to the event by 

providing clients with the opportunity 

to conduct business to business meeting 

with firms in Poland. It will be open to 

U.S. companies from a cross section of 

industries with growing potential in 

Poland, including, but not limited to, 

best prospects such as energy (mining, 

oil and gas, electric power generation, 

renewable), defense and aerospace, 

telecommunications and information 

technology, environmental technologies, 

medical equipment, safety and security 

equipment, automotive parts and 

service equipment, and logistics and 

transportation. 

The combination of the Trade Winds 

Forum Europe conference and the 

multi-sector trade mission in Poland 

will provide participants with 

substantive knowledge and strategies for 

entering or expanding their business in 

the European market and Poland 

specifically. 

II. Commercial Setting 

Europe: Together, the United States 

and Europe account for more than 40 

percent of the global economy and 

transact more than $1.5 trillion per year 

in trade and investment. Europe is often 

among the first export markets for U.S. 

companies. When businesses look to 

Europe, they are looking to 

opportunities unparalleled in any other 

region. Europe is much broader than the 

27-member European Union (EU), and 

opportunities are abundant. For 

example, the European Economic Area 

and the European Free Trade 

Association (EFTA) countries have 

harmonized many of their regulations 

with the European Union. The EFTA 

countries (Norway, Iceland, 

Liechtenstein and Switzerland), though 

small in population, are among the 

wealthiest in the world on a per capita 

basis. 

The introduction in many EU member 

states of a common currency, the euro, 

and mutual recognition of standards has 

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