[Federal Register Volume 75, Number 187 (Tuesday, September 28, 2010)]
[Notices]
[Pages 59689-59690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24312]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-821]
Certain Hot-Rolled Carbon Steel Flat Products From India: Notice
of Court Decision Not in Harmony with Final Results of Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 13, 2010, the United States Court of
International Trade (CIT) sustained the Department of Commerce's (the
Department's) results of redetermination pursuant to the CIT's remand
in United States Steel Corporation, et al. v. United States et al. and
Essar Steel Limited v. United States et al., Slip Op. 09-152, Remand
Order (December 30, 2009)(Essar). See Final Results of Redetermination
Pursuant to Court Remand, dated July 15, 2010 (found at http://ia.ita.doc.gov/remands); and United States Steel Corporation, et al. v.
United States et al. and Essar Steel Limited v. United States et al.,
Slip Op. 10-104 (September 13, 2010) (Essar). Consistent with the
decision of the United States Court of Appeals for the Federal Circuit
(CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990)
(Timken), the Department is notifying the public that the final
judgment in this case is not in harmony with the Department's final
results of the administrative review of the countervailing duty order
on certain hot-rolled carbon steel flat products (HRCS) from India
covering the period of review (POR) of January 1, 2006, through
December 31, 2006. See Certain Hot-Rolled Carbon Steel Flat Products
from India: Final Results of Countervailing Duty Administrative Review,
73 FR 40295 (July 14, 2008) (Final Results), and accompanying Issues
and Decision Memorandum (I&D Memorandum).
EFFECTIVE DATE: September 28, 2010.
FOR FURTHER INFORMATION CONTACT: Gayle Longest, 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) 482-3338.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2008, the Department published its final results in the
countervailing duty administrative review of HRCS from India covering
the POR of January 1, 2006, through December 31, 2006. See Final
Results. In the Final Results, the Department did not include central
sales taxes paid on domestic purchases of iron ore lumps and for high-
grade iron ore fines because we did not have information on import
duties and other taxes and fees payable on imports of iron ore to be
included in the calculation of the benchmark. See I&D Memorandum at
``Sale of High-Grade Iron Ore for Less Than Adequate Remuneration''
section and Comment 4. In Essar, the CIT determined that the
Department's Final Results were not supported by substantial evidence
on the record, and it remanded to the Department the issue of the
deduction of Central Sales Tax from the government price in order for
the Department to reevaluate the record evidence supporting this
decision.
Moreover, subsequent to the Final Results, we discovered that the
transportation and delivery charges (i.e., all transportation and
handling costs, duties and fees) for iron ore lumps and fines from
Vizag port to Hazira port had not been included in either the iron ore
lumps or fines calculations. Therefore, the we asked the court for a
voluntary remand to adjust Essar's delivered purchase price for fines
from NMDC to include missing delivery charges. In Essar, the CIT
granted the Department's request for a voluntary remand to correct the
freight calculations for Essar's purchases of iron ore fines from the
National Mineral Development Corporation (NMDC). Specifically, the CIT
ordered the Department to adjust the government price for iron ore
lumps and fines used in the price comparison to measure the adequacy of
remuneration (1) to correct freight calculations for Essar's purchases
of iron ore fines from the NMDC and (2) to account for slurry pipe
transporation cost to Vizag.
On July 15, 2010, the Department issued its final results of
redetermination pursuant to Essar. The remand redetermination explained
that, in accordance with the CIT's instructions, the Department has
made redeterminations with respect to the calculation of the government
price for iron ore lumps and fines as well as Essar's purchases of
lumps and fines for the following three issues. First, we adjusted our
iron ore calculations to measure the adequacy of remuneration of sales
of lumps and fines by the GOI to Essar to include Central Sales Tax for
Essar's purchase of iron ore lumps and high-grade iron ore fines from
the NMDC and to include import duties payable on iron ore with regard
to the corresponding benchmark prices. Second, we corrected the
government price for iron ore lumps and fines to address erroneous
freight calculations for Essar's purchases of iron ore from NMDC.
Third, for fines purchases from NMDC made on or after the date the
slurry pipeline became operational, we have replaced the per metric ton
(MT) rail cost with the per MT slurry transportation costs. The
Department's redetermination resulted in changes to the Final Results
for Essar's net subsidy rate concerning the sale of iron ore for less
than adequate remuneration program from 13.21 percent to 19.35 percent.
Therefore, the Department's redetermination resulted in the total net
countervailable subsidy rate received by Essar in the Final Results
changing from 17.50 percent to 23.64 percent.
Timken Notice
In its decision in Timken, 893 F.2d at 341, the CAFC held that,
pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the
Act), the Department must publish a notice of a court decision that is
not ``in harmony'' with a Department determination and must suspend
liquidation of entries pending a ``conclusive'' court decision. The
CIT's decision in Essar on September 13, 2010, constitutes a final
decision of that court that is not in harmony with the Department's
Final Results. This notice is published in fulfillment of the
publication requirements of Timken. Accordingly, the Department will
continue the suspension of liquidation of the subject merchandise
pending the expiration of the period of appeal or, if appealed, pending
a final and conclusive court decision. In the event the CIT's ruling is
not appealed or, if appealed, upheld by the CAFC, the Department will
issue an amended final results consistent with
[[Page 59690]]
these redeterminations and instruct U.S. Customs and Border Protection
to assess countervailing duties on entries of the subject merchandise
during the POR from Essar based on the revised assessment rates
calculated by the Department.
This notice is issued and published in accordance with section
516A(e)(1) of the Tariff Act of 1930, as amended.
Dated: September 22, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-24312 Filed 9-27-10; 8:45 am]
BILLING CODE 3510-DS-S