[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Notices]
[Pages 27297-27298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11602]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-820]
Certain Hot-Rolled Carbon Steel Flat Products from India: Notice
of Final Results of Antidumping Duty Administrative Review and
Rescission of Administrative Review in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 8, 2010, the Department of Commerce (``the
Department'') published the preliminary results of the antidumping duty
administrative review for certain hot-rolled carbon steel flat products
from India (``Indian Hot-Rolled''). See Certain Hot-Rolled Carbon Steel
Flat Products from India: Notice of Preliminary Results of Antidumping
duty Administrative Review, and Intent to Rescind in Part, 75 FR 1031
(January 8, 2010) (``Preliminary Results''). The review covers one
respondent, Essar Steel Limited (``Essar''). The period of review
(``POR'') is December 1, 2007, through November 30, 2008. We invited
parties to comment on our Preliminary Results. We did not receive any
comments and we have made no changes for the final results of review.
EFFECTIVE DATE: May 14, 2010.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or James Terpstra, AD/CVD
Operations Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1168 and (202) 482-3965, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 8, 2010, the Department published the Preliminary
Results. Since the Preliminary Results, we have not received any
comments from interested parties.
Scope of the Order
The merchandise subject to this order is 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
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 order.
Specifically included in the scope of this order 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 order, 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 order unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of this order:
* Alloy hot-rolled carbon 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 bearings 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.
* United States Steel (``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 order is currently classifiable 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
covered by this order, including: vacuum-degassed fully stabilized;
high-strength low-alloy; and the substrate for motor lamination steel
may also enter under
[[Page 27298]]
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 Department's written description
of the merchandise subject to this order is dispositive.
Rescission of Review in Part
In the Preliminary Results, we found that the claims by Ispat
Industries Limited (``Ispat''), JSW Steel Limited (``JSW''), and Tata
Steel Limited (``Tata'') that they made no shipments of subject
merchandise during the POR were consistent with import data provided by
U.S. Customs and Border Protection (``CBP''). Accordingly, we stated
our intent to rescind the administrative review with respect to these
companies. See Preliminary Results, 75 FR at 1033. We received no
comment concerning our intent to rescind. We continue to find that
Ispat, JSW and Tata had no shipments of hot-rolled products from India
during the POR for the final results of this review. As such we are
rescinding the review with respect to Ispat, JSW and Tata.
Adverse Facts Available
For the final results, we continue to find that, by failing to
provide information we requested, Essar, did not act to the best of its
ability. Thus, we continue to find that the use of adverse facts
available (``AFA'') is warranted for this company under sections
776(a)(2) and (b) of the Tariff Act of 1930, as amended (``the Act'').
See Preliminary Results, 75 FR at 1033-1036.
As we explained in the Preliminary Results, the rate of 28.25
percent selected as the AFA for Essar is the highest calculated margin
from the investigation in this case as adjusted to account for
countervailing duties imposed to offset export subsidies. Further, as
discussed in the Preliminary Results, we continue to find that the use
of the rate of 28.25 percent as an AFA rate is sufficiently high to
ensure that Essar does not benefit from failing to cooperate in our
review by refusing to respond to our questionnaire. We consider the
28.25 percent rate corroborated ``to the extent practicable'' in
accordance with section 776(c) of the Act. See Preliminary Results, 75
FR at 1033-1036.
Final Results of the Review
As a result of this review, we determine find that the following
dumping margin exists for the period December 1, 2007, through November
30, 2008.
------------------------------------------------------------------------
Rate Adjusted for
Producer/Manufacturer Export Subsidies
------------------------------------------------------------------------
Essar............................................... 28.25 %
------------------------------------------------------------------------
Assessment
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The
Department calculated importer-specific duty assessment rates on the
basis of the ratio of the total antidumping duties calculated for the
examined sales to the total entered value of the examined sales for
that importer. Where the assessment rate is above de minimis, we will
instruct CBP to assess duties on all entries of subject merchandise by
that importer. The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of these final
results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification applies to POR entries of
subject merchandise produced by companies examined in this review
(i.e., companies for which a dumping margin was calculated) where the
companies did not know that their merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction. For a full
discussion of this clarification, see Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of certain hot-rolled carbon steel flat products from India
entered, or withdrawn from warehouse, for consumption on or after the
publication date of these final results, as provided by section 751(a)
of the Act: (1) for companies covered by this review, the cash deposit
rate will be the rate listed above; (2) for previously reviewed or
investigated companies other than those covered by this review, the
cash deposit rate will be the company-specific rate established for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the less-than-fair-value investigation, but
the producer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the subject merchandise;
and (4) if neither the exporter nor the producer is a firm covered in
this review, a prior review, or the investigation, the cash deposit
rate will be 23.87 percent, the all-others rate established in the
less-than-fair-value investigation. These deposit requirements shall
remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during this review period. Failure
to comply with this requirement could result in the presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent increase in antidumping duties by the amount of
antidumping and/or countervailing duties reimbursed.
Administrative Protective Order
This notice also is the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 5, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-11602 Filed 5-13-10; 8:45 am]
BILLING CODE 3510-DS-S