Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act: Stainless Steel Plate in Coils From Belgium, Steel Concrete Reinforcing Bars From Latvia, Purified Carboxymethylcellulose From Finland, Certain Pasta From Italy, Purified Carboxymethylcellulose From the Netherlands, Stainless Steel Wire Rod From Spain, Granular Polytetrafluoroethylene Resin From Italy, Stainless Steel Sheet and Strip in Coils From Japan

AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

SUMMARY:

On June 8, 2012, the U.S. Trade Representative (“USTR”) instructed the Department of Commerce (“Department”) to implement its determinations under section 129 of the Uruguay Round Agreements Act (“URAA”) regarding the recalculation of cash deposit rates for estimated antidumping duties currently in effect for certain companies, in a manner which renders them not inconsistent with the World Trade Organization (“WTO”) dispute settlement findings in US-Zeroing (EC), US-Continued Zeroing (EC), and US-Zeroing (Japan). The Department issued its determinations in the Final Results of its section 129 proceedings on June 6, 2012. The Department is now implementing these Final Results.

DATES:

Effective Date: June 8, 2012.

FOR FURTHER INFORMATION CONTACT:

Sapna Sharma, James Maeder, or Michael Rill, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5285, (202) 482-3330, or (202) 482-3058, respectively.

SUPPLEMENTARY INFORMATION:

Background

On February 13, 2012, the USTR requested, pursuant to section 129 of the URAA, that the Department render the cash deposit rates currently in effect for certain companies not inconsistent with the WTO Dispute Settlement Body's (“DSB”) recommendations and rulings in US-Zeroing (EC), US-Continued Zeroing (EC), and US-Zeroing (Japan). Subsequently, on February 21, 2012, the Department initiated section 129 proceedings for the completed administrative reviews corresponding to the request from the USTR. In each section 129 proceeding, the Department recalculated the cash deposit rates for certain companies, as specified by the USTR, applying the calculation methodology described in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (“Final Modification for Reviews”). The Department has recalculated the current cash deposit rates for these specified companies, listed in the table below, in a manner paralleling the WTO-consistent methodology that the Department applies in antidumping investigations.

On March 23, 2012, the Department issued its Preliminary Results for these section 129 proceedings. On April 9 and 10, 2012, the Department received case briefs from interested parties, and on April 16, 2012, the Department received rebuttal briefs. The Department issued its Final Results on June 6, 2012, in which it addressed all comments from interested parties.

On June 7-8, 2012, consistent with section 129(b)(3) of the URAA, the USTR held consultations with the Department and the appropriate congressional committees with respect to these Final Results. On June 8, 2012, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA, the USTR directed the Department to implement these Final Results.

Nature of the Proceedings

Section 129 of the URAA governs the nature and effect of determinations issued by the Department to implement findings by WTO dispute settlement panels and the Appellate Body. Specifically, section 129(b)(2) provides that “notwithstanding any provision of the Tariff Act of 1930,” within 180 days of a written request from the USTR, the Department shall issue a determination that would render its actions not inconsistent with an adverse finding of a WTO panel or the Appellate Body. The Statement of Administrative Action, U.R.A.A., H. Doc. 316, Vol. 1, 103d Cong. (1994) (“SAA”), variously refers to such a determination by the Department as a “new,” “second,” and “different” determination. After consulting with the Department and the appropriate congressional committees, the USTR may direct the Department to implement, in whole or in part, the new determination made under section 129. Pursuant to section 129(c), the new determination shall apply with respect to unliquidated entries of the subject merchandise that are entered or withdrawn from warehouse, for consumption, on or after the date on which the USTR directs the Department to implement the new determination. The new determination is subject to judicial review, separate and apart from judicial review of the Department's original determination.²²

Final Results: Analysis of Comments Received

The issues raised in the case and rebuttal briefs submitted by interested parties to these proceedings are addressed in the Final Results. The issues included in the Final Results are (1) Targeted dumping, and (2) cash deposit rates for non-selected respondents. The Final Results is a public document and is on file electronically via Import Administration's Antidumping and Countervailing Duty Centralized Electronic Service System (“IA ACCESS”). Access to IA ACCESS is available in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Final Results can be accessed directly on the Internet at http://www.trade.gov/ia/.

Final Results: Recalculated Cash Deposit Rates

The recalculated cash deposit rates, as included in the Final Results and which remain unchanged from the Preliminary Results for each company, are as follows:

Implementation of the Revised Cash Deposit Requirements

On June 8, 2012, in accordance with sections 129(b)(4) and 129(c)(1)(B) of the URAA and after consulting with the Department and Congress, the USTR directed the Department to implement these Final Results. With respect to each of these proceedings, the Department will instruct U.S. Customs and Border Protection to require a cash deposit for estimated antidumping duties at the appropriate rate for each manufacturer/producer specified above, for entries of subject merchandise, entered or withdrawn from warehouse, for consumption, on or after June 8, 2012.

This notice of implementation of these section 129 Final Results is published in accordance with section 129(c)(2)(A) of the URAA.