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Federal Register / Vol. 70, No.

84 / Tuesday, May 3, 2005 / Notices 22847

DEPARTMENT OF COMMERCE Mittal Steel is the successor–in-interest Decision Memorandum at Comment 1.1
to Sidex for purposes of determining Thus, if the evidence demonstrates that,
International Trade Administration antidumping duty liabilities. Sidex also with respect to the production and sale
[A–485–803] requested that the Department conduct of the subject merchandise, the new
a changed circumstances review on an company operates as the same business
Certain Cut–to-Length Carbon Steel expedited basis, pursuant to 19 CFR entity as the prior company, the
Plate from Romania: Initiation and 351.221(c)(3)(ii) of the Department’s Department will assign the new
Preliminary Results of Changed regulations. Petitioners provided no company the cash deposit rate of its
Circumstances Antidumping Duty comments. predecessor.
Administrative Review On March 14, 2005, Mittal Steel
Scope of the Order submitted information demonstrating
AGENCY: Import Administration, For purposes of the order, the that it is the successor to Sidex.
International Trade Administration, products covered include hot–rolled Specifically, Mittal Steel provided the
Department of Commerce. carbon steel universal mill plates. For a minutes to its January 10, 2005,
SUMMARY: In response to a letter from complete description of the scope of the ‘‘Extraordinary General Meeting of
S.C. Ispat Sidex S.A. notifying the order, see Certain Cut–to-Length Carbon Shareholders’’ at which the name
Department of Commerce (‘‘the Steel Plate from Romania: Notice of change was approved. In addition,
Department’’) that its corporate name Final Results and Final Partial Mittal Steel provided a copy of the new
has changed to Mittal Steel Galati S.A., Rescission of Antidumping Duty company registration certificate filed
the Department is initiating a changed Administrative Review, 70 FR 12651 with the Trade Register Office of the
circumstances administrative review of (March 15, 2005). Galati Tribunal on February 7, 2005, the
the antidumping duty order on certain Initiation of Changed Circumstances decision of Galati Tribunal to allow the
cut–to-length carbon steel plate from Review name change (notarized by a delegated,
Romania (see Notice of Antidumping tribunal judge) and the certificate issued
Duty Order: Certain Cut–to-Length Pursuant to section 751(b) of the by the National Office of the Trade
Tariff Act of 1930, as amended (‘‘the Registry, Romanian Ministry of Justice,
Carbon Steel Plate from Romania, 58 FR
Act’’), and 19 CFR 351.216, the which established that Sidex would
44167 (August 19, 1993) (‘‘Order’’). We
Department will conduct a changed adopt the Mittal Steel name and logo.
have preliminarily concluded that
circumstances review upon receipt of See Request for Change Circumstances
Mittal Steel Galati S.A. is the successor–
information concerning, or a request Review, dated March 14, 2005, at
in-interest to S.C. Ispat Sidex S.A.
from an interested party for a review of, Exhibit 1.
(‘‘Sidex’’) and, as a result, should be
an antidumping duty finding or order We also obtained information in the
accorded the same treatment previously
which shows changed circumstances context of the 2002–2003 review
accorded to Sidex in regards to the
sufficient to warrant a review of the demonstrating that no major changes
antidumping order on cut–to-length
order. The information submitted by occurred with respect to Mittal Steel’s
carbon steel plate from Romania.
Mittal Steel claiming that it is the management, plant facilities, customer
Interested parties are invited to successor–in-interest to Sidex
comment on these preliminary results. base, or suppliers. See Antidumping
demonstrates changed circumstances Duty Questionnaire Responses for
EFFECTIVE DATE: May 3, 2005. sufficient to warrant a review. See 19 Sections A, B and C, submitted in the
FOR FURTHER INFORMATION CONTACT: John CFR 351.216(d). on–going 2003–2004 Antidumping Duty
Drury or Patrick Edwards, AD/CVD In accordance with the above– Administrative Review of Certain Cut–
Operations, Office 7, Import referenced regulations, the Department to-Length Carbon Steel Plate from
Administration, International Trade is initiating a changed circumstances Romania, (A–485–803), dated November
Administration, U.S. Department of review to determine whether Mittal 5, 2005, and November 11, 2005,
Commerce, 14th Street and Constitution Steel is the successor–in-interest to respectively. This information is
Avenue, NW, Washington, DC 20230; Sidex. In determining whether one currently on the record of this review
telephone (202) 482–0195 and (202) company is the successor to another for and is on file in the Central Records
482–8029, respectively. purposes of applying the antidumping Unit of the main Department of
SUPPLEMENTARY INFORMATION: duty law, the Department examines a Commerce Building, Room B–099. We
number of factors including, but not also noted that the headquarters
Background: limited to, changes in (1) management; remained the same and that Mittal
On August 19, 1993, the Department (2) production facilities; (3) supplier Steel’s suppliers and customers were
published in the Federal Register an relationships; and (4) customer base. consistent with the suppliers and
antidumping duty order on certain cut– See, e.g., Industrial Phosphoric Acid customers it had in the previous review.2
to-length carbon steel plate (‘‘steel From Israel: Final Results of Mittal Steel provided excerpts from
plate’’) from Romania. See Order. Since Antidumping Duty Changed the 15th edition of Iron and Steel Works
publication, there have been eleven Circumstances Review, 59 FR 6944
review periods, and three fully (February 14, 1994). While no one or 1 ‘‘[G]enerally, in the case of an asset acquisition,

completed administrative reviews of several of these factors will necessarily the Department will consider the acquiring
company to be a successor to the company covered
this order. Sidex was a participant in all provide a dispositive indication of by the antidumping duty order, and thus subject to
three reviews. In a letter dated March succession, the Department will its duty deposit rate, if the resulting operation is
14, 2005, Sidex advised the Department generally consider one company to be a essentially similar to that existing before the
that on February 7, 2005, it changed its successor to another company if its acquisition.’’ 57 FR 20461.
2 See Certain Cut-to-Length Carbon Steel Plate
corporate name to Mittal Steel Galati, resulting operation is similar to that of from Romania: Notice of Final Results and Final
S.A. (‘‘Mittal Steel’’) and that Mittal its predecessor. See Brass Sheet and Partial Rescission of Antidumping Duty
Steel is the successor–in-interest to Strip from Canada; Notice of Final Administrative Review, 70 FR 12651 (March 15,
Sidex. As such, Sidex requested that the Results of Antidumping Duty 2005). This information is currently on the record
of this review and is on file in the Central Records
Department initiate a changed Administrative Review, 57 FR 20460 Unit of the main Department of Commerce
circumstances review to confirm that (May 13, 1992), and the attached Building, Room B-099.

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22848 Federal Register / Vol. 70, No. 84 / Tuesday, May 3, 2005 / Notices

of the World, published in 2004, which this notice. See 19 CFR 351.310(c). Any notice. Interested parties are invited to
details Sidex’s production facilities, and hearing, if requested, will be held 28 comment on the preliminary results of
also included a print–out from the days after the date of publication of this this new shipper review. (See the
Mittal Steel website (dated February 23, notice, or the first working day ‘‘Public Comment’’ section of this
2005), indicating that the production thereafter. Interested parties may submit notice.)
facilities have not changed location, nor case briefs and/or written comments not EFFECTIVE DATE: May 3, 2005.
the equipment used for the production later than 14 days after the date of FOR FURTHER INFORMATION CONTACT:
of merchandise following the name publication of this notice. Rebuttal Kristen Johnson, AD/CVD Operations,
change from Sidex to Mittal Steel. Mittal briefs and rebuttals to written Office 3, Import Administration, U.S.
Steel states in its request for initiation comments, which must be limited to Department of Commerce, Room 4014,
that it is still part of the same corporate issues raised in such briefs or 14th Street and Constitution Avenue,
group to which Sidex belonged. As comments, may be filed not later than NW., Washington, DC 20230; telephone
such, the affiliated parties of Sidex are 21 days after the date of publication of (202) 482–4793.
the affiliated parties of Mittal Steel, this notice. Parties who submit case
SUPPLEMENTARY INFORMATION:
which continues the same relationship briefs or rebuttal briefs in this
with affiliated suppliers that Sidex had proceeding are requested to submit with Background
used. Similarly, the relationships with each argument (1) a statement of the On May 22, 2002, the Department
unaffiliated suppliers have not been issue and (2) a brief summary of the published in the Federal Register the
altered as a consequence of the name argument with an electronic version countervailing duty order on certain
change. The company provided reports included. Consistent with section softwood lumber products from Canada.
identifying Mittal Steel’s suppliers of 351.216(e) of the Department’s See Notice of Amended Final
raw materials for the production of regulations, we will issue the final Affirmative Countervailing Duty
subject merchandise from September to results of this changed circumstances Determination and Countervailing Duty
December 2004 (i.e., before the name review no later than 270 days after the Order: Certain Softwood Products From
change), and from January to February date on which this review was initiated, Canada, 67 FR 36070 (May 22, 2002).
28, 2005, and we noted no changes or or within 45 days if all parties agree to On May 28, 2004, we received a request
alterations. See id at Exhibit 9. Finally, our preliminary finding. from Seed Timber, a respondent
Mittal Steel attached a copy of a We are issuing and publishing this company, for a new shipper review
February 15, 2005, customer contract, finding and notice in accordance with covering Seed Timber’s shipments of
where the company’s name is amended sections 751(b)(1) and 777(i)(1) of the subject merchandise. On June 30, 2004,
in the contract, transferring legal rights Act and sections 351.216 and we initiated a new shipper review for
and obligations of Sidex to Mittal Steel, 351.221(c)(3) of the Department’s Seed Timber covering the review period
and is signed by the customer. See id at regulations. January 1, 2003, through December 31,
Exhibit 10. 2003 (POR). See Certain Softwood
When it concludes that expedited Dated: April 26, 2005.
Barbara E. Tillman, Lumber Products From Canada: Notice
action is warranted, the Department
Acting Assistant Secretary for Import of Initiation of Antidumping Duty New
may publish the notice of initiation and
Administration. Shipper Review for the Period May 1,
preliminary results for a changed
[FR Doc. E5–2146 Filed 5–2–05; 8:45 am]
2003, Through April 30, 2004, and
circumstances review concurrently. See
Notice of Initiation of Countervailing
19 CFR 351.221(c)(3)(ii). See also (BILLING CODE: 3510–DS–S)
Duty New Shipper Review for the Period
Canned Pineapple Fruit from Thailand;
January 1, 2003, Through December 31,
Initiation and Preliminary Results of
DEPARTMENT OF COMMERCE 2003, 69 FR 41229 (July 8, 2004).1
Antidumping Duty Changed On August 10, 2004, we issued a
Circumstances Review, 69 FR 30878 questionnaire to Seed Timber. On
(June 1, 2004). Based on the information International Trade Administration
September 30, 2004, Seed Timber
on the record, we have determined that [C–122–839] submitted its questionnaire response.
expedition of this changed On October 26, 2004, we extended the
circumstances review is warranted. In Certain Softwood Lumber Products
period for the completion of the
this case, we preliminarily find that From Canada: Preliminary Results of
preliminary results pursuant to section
Mittal Steel is the successor–in-interest Countervailing Duty New Shipper
751(a)(2)(B)(iv) of the Tariff Act of 1930,
to Sidex and, as such, is entitled to Review
as amended (the Act). See Certain
Sidex’s cash deposit rate with respect to Softwood Lumber Products From
AGENCY: Import Administration,
entries of subject merchandise.3 Canada: Extension of Time Limit for the
Should our final results remain the International Trade Administration,
Department of Commerce. Preliminary Results of Countervailing
same as these preliminary results, we
SUMMARY: The Department of Commerce Duty New Shipper Review, 69 FR 63366
will instruct U.S. Customs and Border
(the Department) is conducting a new (November 1, 2004). On March 18, 2005,
Protection (‘‘CBP’’) to assign Mittal Steel
shipper review of Seed Timber Co. Ltd. and March 24, 2005, we issued
the antidumping duty cash deposit rate
(Seed Timber) under the countervailing supplemental questionnaires and
applicable to Sidex.
duty order on certain softwood lumber received Seed Timber’s questionnaire
Public Comment products from Canada for the period responses on April 7, 2005.
Any interested party may request a January 1, 2003, through December 31, In accordance with 19 CFR
hearing within 14 days of publication of 2003. If the final results remain the 351.214(a), this new shipper review
same as the preliminary results of this covers only the exporter or producer for
3 See, e.g., Circular Welded Non-Alloy Steel Pipe new shipper review, we will instruct which a review was specifically
From Korea; Final Results of Antidumping Duty U.S. Customs and Border Protection
Changed Circumstances Review, 63 FR 20572 (April 1 Seed Timber’s antidumping new shipper review

27, 1998) where the Department found


(CBP) to assess countervailing duties as was subsequently rescinded as a result of the
successorship where the company only changed its detailed in the ‘‘Preliminary Results of company’s withdrawal of its request for a review
name and did not change its operations. New Shipper Review’’ section of this (69 FR 54766, September 10, 2004).

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