Vous êtes sur la page 1sur 4

Federal Register / Vol. 70, No.

194 / Friday, October 7, 2005 / Notices 58687

DEPARTMENT OF COMMERCE requested an administrative review of numbers 7214.20.00, 7228.30.8050,


LM. On October 22, 2004, the 7222.11.0050, 7222.30.0000,
International Trade Administration Department published the notice of 7228.60.6000, 7228.20.1000, or any
initiation of this antidumping duty other tariff item number. Specifically
[A–449–804] administrative review, covering the excluded are plain rounds (i.e., non–
period September 1, 2003, through deformed or smooth bars) and rebar that
Notice of Preliminary Results of August 31, 2004 (the POR). See has been further processed through
Antidumping Duty Administrative Initiation of Antidumping and bending or coating.
Review: Steel Concrete Reinforcing Countervailing Duty Administrative HTSUS subheadings are provided for
Bars from Latvia Reviews, 69 FR 62022 (October 22, convenience and customs purposes. The
AGENCY: Import Administration, 2004). written description of the scope of the
International Trade Administration, On November 5, 2004, the Department order is dispositive.
Department of Commerce. issued its antidumping questionnaire to Fair Value Comparisons
LM, specifying that the responses to
FOR FURTHER INFORMATION CONTACT: We compared the EP to the NV, as
Section A and Sections B–D would be
Shane Subler or Constance Handley at described in the Export Price and
due on November 26, 2004, and
(202) 482–0189 or (202) 482–0631, Normal Value sections of this notice.
December 13, 2004, respectively.2 The
respectively; AD/CVD Operations, We first attempted to compare
Department received timely responses
Office 1, Import Administration, contemporaneous sales of products sold
to Sections A–D of the initial
International Trade Administration, in the United States and comparison
antidumping questionnaire and
U.S. Department of Commerce,14th market that are identical with respect to
associated supplemental questionnaires.
Street & Constitution Avenue, NW., On April 26, 2005, the Department the matching characteristics. Pursuant
Washington, DC 20230. published a notice of a sixty–day to section 771(16) of the Act, all
SUMMARY: The Department of Commerce products produced by the respondent
extension of the preliminary results of
(the Department) is conducting an this administrative review. See Steel that fit the definition of the scope of the
administrative review of the Concrete Reinforcing Bars from Latvia: order and were sold in the comparison
antidumping duty order on steel Extension of the Time Limit for the market during the POR fall within the
concrete reinforcing bars (rebar) from Preliminary Results of Antidumping definition of the foreign like product.
Latvia. We preliminarily determine that Duty Administrative Review, 70 FR We have relied on three criteria to
sales of subject merchandise by Joint 21397. On July 18, 2005, the Department match U.S. sales of subject merchandise
Stock Company Liepajas Metalurgs (LM) published a notice extending the to comparison market sales of the
have been made below normal value deadline for the preliminary results for foreign like product: type of steel, yield
(NV). If these preliminary results are an additional 60 days. See Steel strength, and size. Where there were no
adopted in our final results, we will Concrete Reinforcing Bars from Latvia: sales of identical merchandise in the
instruct U.S. Customs and Border Extension of the Time Limit for the comparison market, we compared U.S.
Protection (CBP) to assess antidumping Preliminary Results of Antidumping sales to sales of the next most similar
duties on appropriate entries based on Duty Administrative Review, 70 FR foreign like product on the basis of the
the difference between the export price 41208. This second notice extended the characteristics listed above.
(EP) and the NV. Interested parties are deadline for the preliminary results to
invited to comment on these Date of Sale
September 30, 2005.
preliminary results. From August 23 through September 2, LM used the commercial invoice date
EFFECTIVE DATE: October 7, 2005. 2005, the Department verified LM’s as the date of sale in its response. In
sales and cost questionnaire responses order to determine whether the invoice
Background date is the appropriate date of sale, we
at LM’s offices in Liepaja, Latvia. The
On September 7, 2001, the Department will release its verification requested that LM submit extensive
Department issued an antidumping duty report under separate cover. sales documentation for all U.S. sales
order on rebar from Latvia. See during the POR. LM provided us with
Antidumping Duty Orders: Steel Scope of the Order this information in two submissions
Concrete Reinforcing Bars From Belarus, The product covered by this order is dated June 7, 2005, and July 6, 2005.
Indonesia, Latvia, Moldova, People’s all steel concrete reinforcing bars sold in The company’s submitted sales
Republic of China, Poland, Republic of straight lengths, currently classifiable in documentation included contract
Korea and Ukraine, 66 FR 46777 the Harmonized Tariff Schedule of the addenda and commercial invoices for
(September 7, 2001). On September 1, United States (HTSUS) under item all U.S. sales.
2004, the Department issued a notice of After reviewing LM’s submitted sales
opportunity to request the third members –– Gerdau AmeriSteel, CMC Steel Group, documentation, we have preliminarily
administrative review of this order. See Nucor Corporation, and TAMCO. determined that the date of the contract
Antidumping or Countervailing Duty
2 Section A of the questionnaire requests general
addendum is the date of sale because
information concerning a company’s corporate this date best reflects the determination
Order, Finding, or Suspended structure and business practices, the merchandise
Investigation; Opportunity to Request under review that it sells, and the manner in which of the material terms of sale. The use of
Administrative Review, 69 FR 53407 it sells that merchandise in all of its markets. contract date as the date of sale is
(September 1, 2004). On September 27, Section B requests a complete listing of all home consistent with the Department’s use of
market sales, or, if the home market is not viable, contract date in Hot–Rolled Steel from
2004, in accordance with 19 CFR of sales in the most appropriate third-country
351.213(b), LM requested an market (this section is not applicable to respondents Thailand,3 in which the Department
administrative review. On September in non-market economy cases). Section C requests
30, 2004, also in accordance with 19 a complete listing of U.S. sales. 3 See Memorandum from Joseph A. Spetrini,

(continued...)(...continued) Section D requests Deputy Assistant Secretary for Import


CFR 351.213(b), the petitioners1 information on the cost of production of the foreign Administration, to James J. Jochum, Assistant
like product and the constructed value of the Secretary for Import Administration, Subject: Issues
1 The petitioners in this case are the Rebar Trade merchandise under review. Section E requests and Decision Memorandum for the Final Results of
Action Coalition (RTAC) and its individual information on further manufacturing. Continued

VerDate Aug<31>2005 18:27 Oct 06, 2005 Jkt 208001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1
58688 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices

determined that the material terms of B. Cost of Production Analysis C. Calculation of Normal Value Based
sale for the respondent’s U.S. sales did on Comparison–Market Prices
not change between its final contract Because we disregarded below–cost
sales in the final results of the second We determined NV for LM as follows.
and final invoice. Because information We made adjustments for any
in LM’s contract addenda and invoices administrative review, we have
reasonable grounds to believe or suspect differences in packing and deducted
is business proprietary, we have home market movement expenses
explained the date of sale methodology that home market sales of the foreign
like product by LM have been made at pursuant to sections 773(a)(6)(A) and
in the analysis memorandum for this 773(a)(6)(B)(ii) of the Act. In addition,
determination. See the Memorandum prices below the cost of production
(COP) during the third POR. As a result, we made adjustments for differences in
from Shane Subler, International Trade circumstances of sale (COS) pursuant to
Compliance Analyst, to Constance the Department initiated a COP inquiry
for LM for the third POR. section 773(a)(6)(C)(iii) of the Act. We
Handley, Program Manager, Re: made COS adjustments for LM’s EP
Analysis Memorandum for Joint Stock 1. Calculation of Cost of Production transactions by deducting direct selling
Company Liepajas Metalurgs, dated expenses incurred for home market
September 30, 2005 (Analysis In accordance with section 773(b)(3)
of the Act, we calculated the weighted– sales (credit expenses) and adding U.S.
Memorandum), for further explanation imputed credit expenses. In LM’s case,
of the selected date of sale. For all home average COP, by model, based on the
sum of materials, fabrication, and the calculation of imputed credit
market sales, we have preliminarily expenses results in a negative number
used the invoice date as the date of sale general and administrative (G&A)
expenses. In accordance with the because all of LM’s U.S. sales are
based on information on the record. prepaid. Therefore, the adjustment for
Department’s standard practice, we
Export Price relied on LM’s submitted average COP U.S. imputed credit reduces NV. In
calculations for the entire POR. Based addition, based on findings at
We calculated an EP for all of LM’s verification, we adjusted the reported
sales because the merchandise was sold on our findings at verification, we
adjusted LM’s submitted calculations dates of payment and imputed credit
directly by LM to the first unaffiliated fields for specific sales. See the Analysis
purchaser for delivery to the United for general and administrative (G&A)
expenses, interest expenses, and Memorandum for details on adjustments
States, and because constructed export to these specific sales.
price (CEP) was not otherwise indirect selling expenses. See the
warranted based on the facts of record. Analysis Memorandum. Imputed Credit
We made deductions from the starting 2. Test of Comparison Market Sales At verification, we found that LM did
price for movement expenses in Prices not have any short–term loans in lats
accordance with section 772(c)(2)(A) of during the POR. Furthermore, we found
the Act. These included inland freight, We compared the weighted–average that LM did not correctly calculate the
domestic brokerage and handling COPs for LM to its home–market sales U.S. dollar interest rate used in its
expenses, and dunnage expenses. prices of the foreign like product, as imputed credit expense calculation for
required under section 773(b) of the Act, U.S. sales. Therefore, LM did not have
Normal Value to determine whether these sales had verified interest rates for either its U.S.
A. Selection of Comparison Markets been made at prices below the COP or home market sales. As a result, we
within an extended period of time (i.e., have preliminarily recalculated LM’s
Section 773(a)(1) of the Act directs a period of one year) in substantial
that NV be based on the price at which home market and U.S. imputed credit
quantities and whether such prices were expenses by using published short–term
the foreign like product is sold in the sufficient to permit the recovery of all
home market, provided that the interest rates in both lats and dollars.
costs within a reasonable period of time. To calculate a surrogate interest rate
merchandise is sold in sufficient
quantities (or value, if quantity is On a model–specific basis, we for home market and U.S. imputed
inappropriate); that the time of the sales compared the COP to the home market credit expenses, we have followed the
reasonably corresponds to the time of prices, less any applicable movement guidelines of Policy Bulletin 98.2 (Policy
the sale used to determine EP; and that charges and direct and indirect selling Bulletin)4 to select a surrogate interest
there is no particular market situation expenses. rate. The Policy Bulletin states that the
that prevents a proper comparison with 3. Results of the COP Test Department must select surrogate
the EP. The statute contemplates that interest rates that are reasonable, readily
quantities (or value) will normally be We disregarded below–cost sales obtainable, and representative of usual
considered insufficient if they are less where (1) 20 percent or more of LM’s commercial behavior. See Policy
than five percent of the aggregate sales of a given product during the POR Bulletin at 5. With respect to the
quantity (or value) of sales of the subject were made at prices below the COP, calculation of a surrogate U.S. dollar
merchandise to the United States. because such sales were made within an interest rate, the Policy Bulletin states,
We found that LM had a viable home extended period of time in substantial For dollar transactions, we will
market for rebar. As such, LM submitted quantities in accordance with sections generally use the average short–
home market sales data for purposes of 773(b)(2)(B) and (C) of the Act; and (2) term lending rates calculated by the
the calculation of NV. based on comparisons of price to Federal Reserve to impute credit
weighted–average COPs for the POR, we expenses. Specifically, we will use
In deriving NV, we made adjustments
determined that the below–cost sales of the Federal Reserve’s weighted–
as detailed in the Calculation of Normal
the product were at prices which would average data for commercial and
Value Based on Home Market Prices
not permit recovery of all costs within
section below.
a reasonable time period, in accordance 4 See Import Administration Policy Bulletin from

with section 773(b)(2)(D) of the Act. We Carlo Lavanga, Office of Policy, to Robert S.
the Antidumping Duty Administrative Review of LaRussa, Assistant Secretary for Import
Certain Hot-Rolled Carbon Steel Flat Products from
found that LM made sales below cost, Administration, Topic: Imputed credit expenses
Thailand, dated April 13, 2004 (Hot-Rolled Steel and we disregarded such sales where and interest rates, dated February 23, 1998 (Policy
from Thailand). appropriate. Bulletin).

VerDate Aug<31>2005 18:27 Oct 06, 2005 Jkt 208001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1
Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices 58689

industrial loans maturing between Department also used a short–term through these three channels of
one month and one year from the money market rate as a surrogate for distribution constitute a single LOT.
time the loan is made.5 home market interest rates because ‘‘this LM reported one customer category in
Therefore, we have used a POR– suggests that it is derived from a the U.S. market: traders. In comparing
average of the interest rates on comprehensive market for short–term the company’s U.S. sales to its home
nonfinancial commercial paper with a debt instruments.’’ The underlying U.S. market sales, we found that the selling
thirty–day maturity. These rates are and Latvian interest rates used in the functions performed by LM were very
published on the website of the Board calculation are located at Attachments 1 similar in the U.S. and Latvian markets.
of Governors of the Federal Reserve and 2 of the Analysis Memorandum. For U.S. sales, LM conducts
System (www.federalreserve.gov/ negotiations with the traders, processes
D. Level of Trade Adjustment
releases/h15/data.htm). orders, and arranges delivery to the port.
The Commodity Futures Trading In accordance with section Therefore, we preliminarily determine
Commission (CFTC), a government 773(a)(1)(B) of the Act, to the extent that U.S. sales and home market sales
agency that regulates commodity and practicable, we determine NV based on were made at the same level of trade.
financial futures, defines commercial sales in the comparison market at the
paper as ‘‘Short–term promissory notes same level of trade as the EP Currency Conversion
issued in bearer form by large transaction. The NV level of trade is that We made currency conversions into
corporations, with maturities ranging of the starting–price sales in the U.S. dollars in accordance with section
from 5 to 270 days.’’6 Therefore, the use comparison market. For EP sales, the 773A of the Act, based on exchange
of thirty–day nonfinancial commercial U.S. level of trade is also the level of the rates in effect on the date of the U.S.
paper rates published by the Federal starting–price sale, which is usually sale, as certified by the Federal Reserve
Reserve complies with the Policy from exporter to importer. Bank.
Bulletin’s requirement to use short–term To determine whether NV sales are at
lending rates on commercial and Preliminary Results of Review
a different level of trade than EP
industrial loans with a maturity of transactions, we examine stages in the As a result of this review, we
between one month and one year. We marketing process and selling functions preliminarily determine that the
have selected the thirty–day rate along the chain of distribution between following weighted–average margin
because it is reflective of the the producer and the unaffiliated exists for the period September 1, 2003,
circumstances of sales in this customer. If the comparison–market through August 31, 2004:
proceeding. For further discussion on sales are at a different level of trade and
proprietary information related to the the difference affects price Weighted–Average
selection of the thirty–day nonfinancial comparability, as manifested in a Producer Margin (Percent-
age)
commercial paper rate, see the Analysis pattern of consistent price differences
Memorandum. between the sales on which NV is based Joint Stock Company
For the calculation of home market and comparison–market sales at the Liepajas Metalurgs .... 8.84
imputed credit expenses, we have level of trade of the export transaction,
followed the Policy Bulletin’s guidelines we make a level–of-trade adjustment The Department will disclose
for calculating an interest rate when the under section 773(a)(7)(A) of the Act. calculations performed in accordance
respondent received no loans in the In conducting our level–of-trade with 19 CFR 351.224(b). An interested
currency of home market transactions. analysis, we examine the types of party may request a hearing within 30
The Policy Bulletin at page 6 states, ‘‘For customers, the channels of distribution, days of publication of these preliminary
foreign currency transactions, we will and the selling practices of the results. See 19 CFR 351.310(c). Any
establish interest rates on a case–by-case respondent. Generally, if the reported hearing, if requested, will be held 44
basis using publicly available levels of trade are the same, the days after the date of publication, or the
information, with a preference for functions and activities of the seller first working day thereafter. Interested
published average short–term lending should be similar. Conversely, if a party parties may submit case briefs and/or
rates.’’ Therefore, in the home market, reports levels of trade that are different written comments no later than 30 days
we have preliminarily used a POR– for different categories of sales, the after the date of publication of these
average of the one–month Riga functions and activities should be preliminary results. Rebuttal briefs and
Interbank Offer Rate (RIGIBOR), which dissimilar. We found the following. rebuttals to written comments, limited
is published on the Web site of the Bank For both the home market and U.S. to issues raised in such briefs or
of Latvia, Latvia’s central bank, at http:// market, LM reported one channel of comments, may be filed no later than 37
www.bank.lv/eng/main/finfo/nt/ distribution: direct sales. The company days after the date of publication.
rgbidrgbor/. The Bank of Latvia defines reported three customer categories in Parties who submit arguments are
RIGIBOR as a money market index the home market: (1) traders; (2) end requested to submit with the argument
based on the quotes of the seven largest users; and (3) service centers. For all (1) a statement of the issue,
Latvian banks participating in the three customer categories, LM (2) a brief summary of the argument,
Latvian money market. This meets the performed the following selling and (3) a table of authorities. Further,
Policy Bulletin’s criteria of using activities: negotiations with customers, the parties submitting written comments
surrogate interest rates that are easily order processing, packing, and delivery should provide the Department with an
obtainable, reasonable, and reflective of services. Accordingly, we preliminarily additional copy of the public version of
commercial behavior. We note that in determine that LM’s home market sales any such comments on diskette.
Silicon Metal from Brazil,7 the The Department will issue the final
5 See
Administration, to Faryar Shizad, Assistant results of this administrative review,
Policy Bulletin at 6. Secretary for Import Administration, Subject: Issues
6 See http://www.cftc.gov/opa/glossary/
which will include the results of its
and Decision Memorandum for the Administrative
opaglossarylco.htm. Review of Silicon Metal from Brazil - 7/1/1999
analysis of issues raised in any such
7 See Memorandum from Bernard Carreau, through 6/30/2000; Final Results (February 12, comments, within 120 days of
Deputy Assistant Secretary for Import 2002) (Silicon Metal from Brazil). publication of these preliminary results.

VerDate Aug<31>2005 18:27 Oct 06, 2005 Jkt 208001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1
58690 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices

Assessment entities during this review period. the Uruguay Round Agreements Act
Upon completion of this Failure to comply with this requirement (effective January 1, 1995) (‘‘the Act’’),
administrative review, pursuant to 19 could result in the Secretary’s Petitioner alleges that manufacturers,
CFR 351.212(b), the Department will presumption that reimbursement of producers, or exporters of certain lined
calculate an assessment rate on all antidumping duties occurred and the paper products (‘‘certain lined CLPP
appropriate entries. We will calculate subsequent assessment of double paper’’ or ‘‘subject merchandise’’) from
importer–specific duty assessment rates antidumping duties. India and Indonesia receive
This determination is issued and countervailable subsidies within the
on the basis of the ratio of the total
published in accordance with sections meaning of section 701 of the Act, and
amount of antidumping duties
751(a)(1) and 777(i)(1) of the Act. that such imports are materially
calculated for the examined sales to the
total quantity of the sales for that Dated: September 30, 2005. injuring, or threatening material injury,
importer. Where the assessment rate is Barbara E. Tillman, to an industry in the United States. On
above de minimis, we will instruct CBP Acting Assistant Secretaryfor Import September 21, 2005, the Department
to assess duties on all entries of subject Administration. issued a memo clarifying that the
merchandise by that importer. In [FR Doc. E5–5569 Filed 10–6–05; 8:45 am] official filing date of the Petitions was
addition, based on proprietary BILLING CODE: 3510–DS–S September 9, 2005. See Memorandum
information in a June 17, 2005, from the Team to Acting Deputy
memorandum placed on the record of Assistant Secretary Barbara Tillman:
the proceeding by the Department, we DEPARTMENT OF COMMERCE Decision Memorandum Concerning
have adjusted the calculation of the Filing Date of Petitions, September 21,
importer–specific duty assessment rate. International Trade Administration
2005, (explaining that the proper file
For an explanation of the adjustment to [C–533–844, C–560–819] date is September 9, 2005, as it was filed
the calculated assessment rate, see the at the ITC after the noon deadline on the
Analysis Memorandum. Notice of Initiation of Countervailing previous day).
Duty Investigations: Certain Lined
Cash Deposit Requirements Paper Products from India (C–533–844) The Department finds that Petitioner
The following deposit rates will be and Indonesia (C–560–819) filed the Petitions on behalf of the
effective upon publication of the final domestic industry because they are
AGENCY: Import Administration, interested parties, as defined in sections
results of this administrative review for
International Trade Administration, 771(9)(E) and (F) of the Act, and have
all shipments of rebar from Latvia
Department of Commerce. demonstrated sufficient industry
entered, or withdrawn from warehouse,
for consumption on or after the ACTION: Initiation of countervailing duty support in accordance with section
publication date, as provided by section investigation. 702(c)(4)(A) of the Act. See infra,
751(a)(1) of the Act: (1) the cash deposit ‘‘Determination of Industry Support for
SUMMARY: The Department of Commerce
rate listed above for LM will be the rate is initiating countervailing duty the Petitions.’’
established in the final results of this investigations to determine whether Scope of Investigation
review, except if a rate is less than 0.5 manufacturers, producers, or exporters
percent, and therefore de minimis, the of certain lined paper products from See Appendix I.
cash deposit will be zero; (2) for India and Indonesia receive
previously reviewed or investigated Comments on Scope of Investigations
countervailable subsidies.
companies not listed above, the cash EFFECTIVE DATE: October 7, 2005. During our review of the Petitions, we
deposit rate will continue to be the
FOR FURTHER INFORMATION CONTACT: discussed the scope with Petitioner to
company–specific rate published for the
Maura Jeffords and Eric B. Greynolds ensure that it accurately reflects the
most recent period; (3) if the exporter is
(India) or Indonesia, David Layton or product for which the domestic industry
not a firm covered in this review, a prior
David Neubacher (Indonesia) AD/CVD is seeking relief. Moreover, as discussed
review, or the less–than-fair–value
Operations, Import Administration, in the preamble to the Department’s
(LTFV) investigation, but the
International Trade Administration, regulations, we are setting aside a
manufacturer is, the cash deposit rate
U.S. Department of Commerce, 14th period for interested parties to raise
will be the rate established for the most
Street and Constitution Avenue, NW., issues regarding product coverage. See
recent period for the manufacturer of
Washington, DC 20230; telephone: (202) Antidumping Duties; Countervailing
the merchandise; and (4) if neither the
482–0371 and (202) 482–5823,(202) Duties; Final Rule, 62 FR 27295, 27323
exporter nor the manufacturer is a firm
482–3146 and (202) 482–6071,(202) or (1997). The Department encourages all
covered in this or any previous review
482–0371 and (202) 482–5823, interested parties to submit such
conducted by the Department, the cash
respectively. comments within 20 calendar days of
deposit rate will be 17.21 percent, the
‘‘All Others’’ rate established in the SUPPLEMENTARY INFORMATION: publication of this initiation notice.
LTFV investigation. These cash deposit Comments should be addressed to
Initiation of Investigations Import Administration’s Central
requirements, when imposed, shall
remain in effect until publication of the The Petitions Records Unit (‘‘CRU’’) in Room 1870,
final results of the next administrative Between September 9 and September U.S. Department of Commerce, 14th
review. 26, 2005, the Department of Commerce Street and Constitution Avenue, NW.,
(‘‘the Department’’) received Petitions, Washington, DC 20230 - Attn: James
This notice serves as a preliminary and amendments to the Petitions, (‘‘the Terpstra. The period of scope
reminder to importers of their Petitions’’) filed in proper form by consultations is intended to provide the
responsibility under 19 CFR 351.402(f) Association of American School Department with ample opportunity to
to file a certificate regarding the Suppliers (‘‘Petitioner’’). consider all comments and consult with
reimbursement of antidumping duties In accordance with section 702(b)(1) interested parties prior to the issuance
prior to liquidation of the relevant of the Tariff Act of 1930, as amended by of the preliminary determinations.

VerDate Aug<31>2005 18:27 Oct 06, 2005 Jkt 208001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1

Vous aimerez peut-être aussi