AD: Japan Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products
On May 18, 2006, the International Trade Administration (ITA) issued a notice amending its final antidumping (AD) duty determination for certain hot-rolled flat-rolled carbon quality steel from Japan for Nippon, as there is now a final and conclusive decision in the court proceeding.
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In addition to the court proceeding, the Government of Japan appealed the ITA's application of adverse facts available for Nippon to the World Trade Organization (WTO). The WTO ruled that the ITA acted inconsistently with the WTO Antidumping Agreement. The ITA implemented the WTO's findings in a Section 129 Determination, which was reflected in the court's decision.
As a result, the ITA will direct U.S. Customs and Border Protection (CBP) to require the AD cash deposit rates listed below, for entries of subject merchandise from Nippon:
AD Cash Deposit Instructions for a Time of Entry on or after 05/18/06:
| Company | Amended AD Duty Rate |
|---|---|
| Nippon Steel Corporation (Nippon) | 19.95% (from 18.37%) |
Amended Final Determination Due to Court Decision
The ITA will also instruct CBP to terminate the suspension of liquidation and proceed with liquidation of all appropriate entries entered, or withdrawn from warehouse, for consumption: (1) on or after February 19, 1999 (the effective date of the ITA's preliminary determination), and on or before November 21, 2002 at the rate of 21.12%; and (2) on or after November 22, 2002 (the effective date of the ITA's Section 129 determination), at the rate of 19.95%.
The ITA notes that the amended final determination reflects the results of the fourth remand redetermination, which addresses the U.S. Circuit of Appeals for the Federal Circuit's (CAFC's) ruling in 2003, as well as changes to the AD margin pursuant to the ITA's Section 129 Determination in 2002.
(See ITT's Online Archives or 12/04/02 news, 02120425, for BP summary of the ITA's amended AD duty cash deposit rates for Nippon and other companies subject to this AD duty order. See ITT's Online Archives or 05/07/99 news, 99050641, for BP summary of the ITA's final affirmative AD duty determination for subject merchandise from Japan.)
ITA Contact - Kimberly Hunt (202) 482-1272
ITA Notice (FR Pub 05/18/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-7603.pdf