[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Notices]
[Pages 40165-40167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19224]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-865]
Certain Hot-Rolled Carbon Steel Flat Products from the People's
Republic of China: Final Rescission of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 11, 2009.
FOR FURTHER INFORMATION CONTACT: Toni Dach or Paul Walker, AD/CVD
Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1655 and (202) 482-0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2008, the Department of Commerce (``Department'')
published a notice of opportunity to request an administrative review
of the antidumping duty order on certain hot-rolled carbon steel flat
products from the People's Republic of China (``PRC'') for the period
of review (``POR'') November 1, 2007, through October 31, 2008. See
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity to Request Administrative Review, 73 FR
65288 (November 3, 2008). On December 1, 2008, Nucor Corporation
(``Nucor''), a domestic producer of certain hot-rolled carbon steel
flat products, requested that the Department conduct an administrative
review of Baosteel Group Corporation, Shanghai Baosteel International
Economic & Trading Co., Ltd., and Baoshan Iron and Steel Co., Ltd.
(collectively ``Baosteel'').\1\ On December 1, 2008, ArcelorMittal USA,
Inc. (``ArcelorMittal''), a domestic producer of certain hot-rolled
steel flat products, requested that the Department conduct an
administrative review of Angang Steel Company, Ltd., Angang Group
International Trade Corporation, New Iron and Steel Co., Ltd., Angang
Group Hong Kong Co., Ltd., Anshan Iron & Steel Group, and all
affiliated entities (collectively ``Angang''); and Shanghai Baosteel
Group Corporation, Baosteel Group International Trade Corp., and
Baoshan Iron and Steel Co., Ltd. (also collectively ``Baosteel'').\2\
On December 24, 2008, the Department published a notice of initiation
of an antidumping duty administrative review on certain hot-rolled
carbon steel flat products from the PRC. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews and Request for
Revocation in Part, 73 FR 79055 (December 24, 2008). On March 18, 2009,
ArcelorMittal submitted a timely withdrawal of its request for review
of Baosteel and Angang.
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\1\ Baosteel consists of the following five entities: Baosteel
Group Corporation, Shanghai Baosteel International Economic &
Trading Co., Ltd., Shanghai Baosteel Group Corporation, Baosteel
Group International Trade Corp., and Baoshan Iron and Steel Co.,
Ltd.
\2\ As noted above, Baosteel consists of the five entities
listed in footnote 1.
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On June 26, 2009, we rescinded this review with respect to Angang
based on ArcelorMittal's withdrawal of their request for review, and
preliminarily rescinded this review with respect to Baosteel based on
evidence on the record indicating that Baosteel made no entries of
subject merchandise into the United States during the POR. See
Rescission and Preliminary Rescission of Antidumping Duty
Administrative Review: Certain Hot Rolled Carbon Steel Flat Products
from The People's Republic of China, 74 FR 30525 (June 26, 2009)
(``Preliminary Rescission''). We invited interested parties to submit
comments on our Preliminary Rescission. We did not receive any comments
on our Preliminary Rescission.
[[Page 40166]]
Scope of the Order
For purposes of this review, the products covered are certain hot-
rolled carbon steel flat products of a rectangular shape, of a width of
0.5 inch or greater, neither clad, plated, nor coated with metal and
whether or not painted, varnished, or coated with plastics or other
non-metallic substances, in coils (whether or not in successively
superimposed layers), regardless of thickness, and in straight lengths
of a thickness of less than 4.75 mm and of a width measuring at least
10 times the thickness. Universal mill plate (i.e., flat-rolled
products rolled on four faces or in a closed box pass, of a width
exceeding 150 mm, but not exceeding 1250 mm, and of a thickness of not
less than 4.0 mm, not in coils and without patterns in relief) of a
thickness not less than 4.0 mm is not included within the scope of this
review.
Specifically included within the scope of this review are vacuum
degassed, fully stabilized (commonly referred to as interstitial-free
(``IF'')) steels, high strength low alloy (``HSLA'') steels, and the
substrate for motor lamination steels. IF steels are recognized as low
carbon steels with micro-alloying levels of elements such as titanium
or niobium (also commonly referred to as columbium), or both, added to
stabilize carbon and nitrogen elements. HSLA steels are recognized as
steels with micro-alloying levels of elements such as chromium, copper,
niobium, vanadium, and molybdenum. The substrate for motor lamination
steels contains micro-alloying levels of elements such as silicon and
aluminum.
Steel products included in the scope of this review, regardless of
definitions in the Harmonized Tariff Schedule of the United States
(``HTSUS''), are products in which: i) iron predominates, by weight,
over each of the other contained elements; ii) the carbon content is 2
percent or less, by weight; and, iii) none of the elements listed below
exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical and chemical description
provided above are within the scope of this review unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of this review:
Alloy hot-rolled steel products in which at least one of
the chemical elements exceeds those listed above (including, e.g.,
American Society for Testing and Materials (``ASTM'') specifications
A543, A387, A514, A517, A506).
Society of Automotive Engineers (``SAE'')/American Iron &
Steel Institute (``AISI'') grades of series 2300 and higher.
Ball bearing steels, as defined in the HTSUS.
Tool steels, as defined in the HTSUS.
Silico-manganese (as defined in the HTSUS) or silicon
electrical steel with a silicon level exceeding 2.25 percent.
ASTM specifications A710 and A736.
USS abrasion-resistant steels (USS AR 400, USS AR 500).
All products (proprietary or otherwise) based on an alloy
ASTM specification (sample specifications: ASTM A506, A507).
Non-rectangular shapes, not in coils, which are the result
of having been processed by cutting or stamping and which have assumed
the character of articles or products classified outside chapter 72 of
the HTSUS.
The merchandise subject to this review is classified in the HTSUS
at subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90. Certain hot-rolled carbon steel flat
products covered by this review, including: vacuum degassed fully
stabilized; high strength low alloy; and the substrate for motor
lamination steel may also enter under the following tariff numbers:
7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise under review is dispositive.
Period of Review
The POR is November 1, 2007, through October 31, 2008.
Final Rescission of Review
Because there is no information on the record which indicates that
Baosteel made sales to the United States of subject merchandise during
the POR, and because we did not receive any comments on our Preliminary
Rescission, in accordance with 19 CFR 351.213(d)(3) and consistent with
our practice, we are rescinding this review of the antidumping duty
order on certain hot-rolled carbon steel flat products from the PRC for
the period of November 1, 2007, to October 31, 2008.\3\ The cash
deposit rate for Baosteel will continue to be the rate established in
the most recently completed segment of this proceeding.
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess antidumping duties on all appropriate entries.
Antidumping duties shall be assessed at rates equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(2). The Department will issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice.
Notification to Importers
This notice serves as a final reminder to importers for whom this
review is being rescinded, as of the publication date of this notice,
of their responsibility under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement of antidumping duties prior to
liquidation of the relevant entries during this review period. Failure
to comply with this requirement could result in the Secretary's
presumption that reimbursement of the antidumping duties occurred and
the subsequent assessment of double antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative
[[Page 40167]]
protective orders (``APO'') of their responsibility concerning the
return or destruction of proprietary information disclosed under APO in
accordance with 19 CFR 351.305, which continues to govern business
proprietary information in this segment of the proceeding. Timely
written notification of the return/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.
This notice is in accordance with sections 751(a)(1) and 777(i)(1)
of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).
Dated: August 4, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-19224 Filed 8-10-09; 8:45 am]
BILLING CODE 3510-DS-S