70 FR 24529, May 10, 2005
DEPARTMENT OF COMMERCE
International Trade Administration
(C-351-504)
Certain Iron Construction Castings from Brazil; Five-year ("Sunset")
Review of Countervailing Duty Order; Final Results
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Summary: On October 1, 2004, the Department of Commerce (``the
Department'') initiated a sunset review of the countervailing duty
order on certain iron construction castings (``iron castings'') from
Brazil. On the basis of the notice of intent to participate, and no
substantive response filed on behalf of the domestic interested parties
and no response from respondent interested parties, the Department
conduced an expedited sunset review. As a result of this review, the
Department finds that revocation of the countervailing duty order would
likely lead to continuation or recurrence of countervailable subsidies
at the levels listed below in the section entitled ``Final Results of
Review''.
EFFECTIVE DATE: May 10, 2005.
FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC, 20230; telephone: (202) 482-5050.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2004, the Department initiated a sunset review of the
countervailing duty order on iron castings from Brazil pursuant to
section 751(c) of the Tariff Act of 1930, as amended (``the Act'').\1\
The Department received a Notice of Intent to Participate on behalf of
Deeter Foundry, Inc., East Jordan Iron Works, Inc., LeBaron Foundry,
Inc., Leed Foundry, Inc., Municipal Castings, Inc., Neenah Foundry
Company, Tyler Pipe Company, and U.S. Foundry & Manufacturing Co.
(collectively, ``domestic interested parties''), within the deadline
specified in section 351.218(d)(1)(i) of the Department's regulations.
Domestic interested parties claimed interested party status under
section 771(9)(C) of the Act as U.S. producers of the subject
merchandise.
---------------------------------------------------------------------------
\1\ See Initiation of Five-Year (``Sunset'') Reviews, 69 FR
58890 (October 1, 2004.)
---------------------------------------------------------------------------
We received a complete response from the domestic interested
parties within the deadline specified in the Department's regulations
under section 351.218(d)(3)(i). However, we did not receive responses
from any respondent interested parties as required in section
351.218(d)(3)(i) of the Departments regulations. As a result of
receiving no responses from respondent interested parties, the
Department conducted an expedited sunset review pursuant to section
751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the
Department's regulations.
Scope of the Order
The merchandise covered by the countervailing duty order consists
of certain heavy iron construction castings from Brazil, limited to
manhole covers, rings, and frames, catch basin grates and frames,
cleanout covers and frames used for drainage or access purposes for
public utility, water and sanitary
[[Page 24530]]
systems, classifiable as heavy castings under Harmonized Tariff
Schedule (``HTS'') item number 7325.10.0010. The HTS item numbers are
provided for convenience and customs purposes only. The written
description remains dispositive.
Analysis of Comments Received
All issues raised in this case are addressed in the ``Issues and
Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen,
Acting Director, Office of Policy, Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for Import Administration, dated
May 2, 2005, which is hereby adopted by this notice. The issues
discussed in the Decision Memo include the likelihood of continuation
or recurrence of dumping and the magnitude of the margin likely to
prevail if the order were revoked. Parties can find a complete
discussion of all issues raised in this sunset review and the
corresponding recommendations in this public memo, which is on file in
room B-099 of the main Department Building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at https://enforcement.trade.gov, under the
heading ``May 2005.'' The paper copy and electronic version of the
Decision Memo are identical in content.
Final Results of Review
We determine that revocation of the countervailing duty order on
iron castings from Brazil would likely lead to continuation or
recurrence of countervailable subsidies at the following percentage
weighted-average percentage margins:
------------------------------------------------------------------------
Weighted-Average
Manufacturers/Exporters/Producers Margin (Percent)
------------------------------------------------------------------------
Country-wide rate................................... 1.06
------------------------------------------------------------------------
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305 of the
Department's regulations. Timely notification of the return or
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.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: May 2, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2294 Filed 5-9-05; 8:45 am]