A-588-847
Section 129 Proceeding
Public Document
AD/CVD 4: MC
MEMORANDUM TO:
David M. Spooner
Assistant Secretary
for Import Administration
FROM:
Stephen J. Claeys
Deputy Assistant Secretary
for Import Administration
RE:
Final Results of Proceeding Under Section 129 of the Uruguay
Round Agreements Act: Antidumping Measures on Certain Cut-
to-Length Carbon-Quality Steel Plate Products from Japan
SUBJECT:
Issues and Decision Memorandum for the Final Results
Summary
This memorandum addresses issues briefed in the above-referenced proceeding. Below is a
complete list of the issues in this proceeding for which we have received comments from the
parties:
Comment 1: Whether Customs Instructions Should Be Clarified to Retain the Deposit
Rates for Producers Whose Margins Were Not Recalculated
Comment 2: Whether the Preliminary Results Are Consistent with U.S. Law
Comment 3: Whether the Statute Equates the Dumping Margin with the Antidumping
Duty Assessment
Comment 4: Whether the Department’s Interpretation of the Term ‘Dumping Margin’ is
Inconsistently Applied to Antidumping Investigations and Administrative
Reviews
Background
On November 19, 2007, the Department of Commerce (the Department) advised
interested parties that it was initiating a proceeding under section 129 of the Uruguay Round
2
Agreements Act (URAA) to issue a determination that is not inconsistent with the findings of the
World Trade Organization (WTO) dispute settlement panel in United States - Measures Relating
to Zeroing and Sunset Reviews (WT/DS322) (September 20, 2006) (Panel Report). On
November 26, 2007, the Department issued its preliminary results, in which it recalculated the
weighted-average dumping margins from the antidumping investigation of certain cut-to-length
carbon-quality steel plate products from Japan by allowing an offset for non-dumped
comparisons. See Memor