Notice of Final Results of Antidumping Duty Administrative Review: Steel Concrete Reinforcing Bars from Latvia

DEPARTMENT OF COMMERCE

International Trade Administration

(A-449-804)

Notice of Final Results of Antidumping Duty Administrative Review: Steel Concrete Reinforcing Bars from Latvia

AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

SUMMARY:

On August 8, 2006, the Department of Commerce (the Department) published the preliminary results of its fourth administrative review of the antidumping duty order on steel concrete reinforcing bars (rebar) from Latvia. The review covers one producer of the subject merchandise. The period of review (POR) is September 1, 2004, through August 31, 2005. Based on our analysis of comments received, these final results differ from the preliminary results. The final results are listed below in the

Final Results of Review

section.

EFFECTIVE DATE:

December 13, 2006.

FOR FURTHER INFORMATION CONTACT:

Saliha Loucif at (202) 482-1779 or Julie Santoboni at (202) 482-4194; AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14

th

Street & Constitution Avenue, NW, Washington, DC 20230.

Supplementary Information:

Background

On August 8, 2006, the Department published in the

Federal Register

the preliminary results of the fourth administrative review of the antidumping duty order on rebar from Latvia.

See Notice of Preliminary Results of Antidumping Duty Administrative Review: Steel Concrete Reinforcing Bars from Latvia

, 71 FR 45031 (August 8, 2006) (

Preliminary Results

). We invited parties to comment on the

Preliminary Results

. On September 7, 2006, we received case briefs from the sole respondent, Joint Stock Company Liepajas Metalurgs (LM), and from the petitioners, the Rebar Trade Action Coalition (RTAC) and its individual members.

1

No interested party requested a hearing during this review.

1

Commercial Metals Company, Gerdau Ameristeel Corporation, and Nucor Corporation are the members of RTAC.

Scope of the Order

The product covered by this order is all steel concrete reinforcing bars sold in straight lengths, currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers 7214.20.00, 7228.30.8050, 7222.11.0050, 7222.30.0000, 7228.60.6000, 7228.20.1000, 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. The written description of the scope of the order is dispositive.

Analysis of Comments Received

The issues raised in the briefs by parties to this administrative review are addressed in the

Issues and Decision Memorandum

to David M. Spooner, Assistant Secretary for Import Administration, from Stephen J. Claeys, Deputy Assistant Secretary (

Decision Memorandum

), dated December 6, 2006, which is hereby adopted by this notice. A list of the issues addressed in the

Decision Memorandum

is appended to this notice. The

Decision Memorandum

is on file in Room B-099 of the main Department building, and can also be accessed directly on the Web at

http://ia.ita.doc.gov/frn/index.html

. The paper copy and electronic version of the

Decision Memorandum

are identical in content.

Changes Since the Preliminary Results

Based on our analysis of comments received, we adjusted the calculation methodology used in the

Preliminary Results

. First, we calculated general and administrative expenses (G&A) and interest expenses based on LM's financial statements for the Fiscal Year 2005, which is the time period that most closely corresponds to the POR. Second, we moved expenses for LM's football and hockey clubs from G&A expenses to indirect selling expenses because these clubs provide indirect advertising benefits to the company. Finally, we adjusted the calculation of the variable cost of manufacturing in the margin calculation program to account for a clerical error. These adjustments are discussed in detail in the

Decision Memorandum

.

Final Results of Review

As a result of our review, we determine that the following weighted-average margin exists for the period of September 1, 2004, through August 31, 2005:

Producer

Weighted-Average Margin (Percentage)

Joint Stock Company Liepajas Metalurgs

5.94

Assessment

The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The Department calculated importer-specific duty assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. Where the assessment rate is above

de minimis

, we will instruct CBP to assess duties on all entries of subject merchandise by that importer. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review.

The Department clarified its “automatic assessment” regulation on May 6, 2003 (68 FR 23954). This clarification will apply to entries of subject merchandise during the POR produced by companies included in these preliminary results of review for which the reviewed companies did not know their merchandise was destined for the United States. In such instances, the Department will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification,

see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties

, 68 FR 23954 (May 6, 2003).

Cash Deposits

Furthermore, the following deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of rebar from Latvia entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a) of the Tariff Act of 1930, as amended (the Act): (1) For LM, the cash deposit rate will be 5.94 percent; (2) for merchandise exported by producers or exporters not covered in this review but covered in a previous segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published in the most recent final results in which that producer or exporter participated; (3) if the exporter is not a firm covered in this review or in any previous segment of this proceeding, but the producer is, the cash deposit rate will be that established for the producer of the merchandise in these final results of review or in the most recent final results in which that producer participated; and (4) if neither the exporter nor the producer is a firm covered in this review or in any previous segment of this proceeding, the cash deposit rate will be 17.21 percent, the “All Others” rate established in the less-than-fair-value investigation. These deposit requirements shall remain in effect until publication of the final results of the next administrative review.

This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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 in the subsequent assessment of double antidumping duties.

This notice also is the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable violation.

We are issuing and publishing these results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

Dated: December 6, 2006.

David M. Spooner,

Assistant Secretary for Import Administration.

Appendix

Comment 1:

Use of Monthly Cost Comparison Periods

Comment 2:

Date of Sale

Comment 3:

General and Administrative Expense Ratio Calculation

Comment 4:

Clerical Error

Comment 5:

Treatment of Non-Dumped Sales

Comment 6:

Financial Statements Used for General and Administrative Expenses and Interest Expenses

[FR Doc. E6-21205 Filed 12-12-06; 8:45 am]

BILLING CODE 3510-DS-S