[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Notices]
[Pages 65453-65456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26922]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-828]
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Products
From Brazil: Notice of Rescission of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 27, 2010, the U.S. Department of Commerce (the
Department) published a notice of initiation of an administrative
review of the antidumping duty order on certain hot-rolled flat-rolled
carbon quality steel flat products (hot-rolled steel) from Brazil. The
review covers four producers/exporters of hot-rolled steel from Brazil,
all mandatory respondents. Based on the withdrawal of requests from
Nucor Corporation (Nucor) and United States Steel Corporation (U.S.
Steel), domestic producers of hot-rolled steel, we are now rescinding
this administrative review in full.
DATES: Effective Date: October 25, 2010.
FOR FURTHER INFORMATION CONTACT: David Cordell, Ericka Ukrow, or
Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-0408, (202) 482-0405, or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2010, the Department published in the Federal Register
the notice of opportunity to request an administrative review of the
antidumping duty order on hot-rolled steel from Brazil for the period
March 1, 2009, through February 28, 2010. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity To Request
[[Page 65454]]
Administrative Review, 75 FR 9162 (March 1, 2010). On March 31, 2010,
the Department received requests from Nucor and U.S. Steel
(collectively, domestic producers), that the Department conduct an
administrative review of the antidumping duty order on hot-rolled steel
from Brazil. Domestic producers requested that the review cover four
producers/exporters of hot-rolled steel from Brazil, namely Usinas
Siderurgicas de Minas Gerais S.A.--USIMINAS,\1\ Companhia Siderurgica
Paulista--Cosipa (hereafter referred to as USIMINAS/COSIPA),\2\
Companhia Siderurgica de Tubarao (CST), and Companhia Siderurgica
Nacional (CSN). On April 27, 2010, the Department published in the
Federal Register the notice of initiation of this administrative review
of hot-rolled steel from Brazil. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Request for Revocation
in Part, 75 FR 22107 (April 27, 2010).
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\1\ In the initiation notice published on April 27, 2010 (75 FR
22108), the company Usinas Siderurgicas de Minas Gerais S.A.
(USIMINAS), was incorrectly initiated as Usiminas Siderurgicas de
Minas Gerais S.A. (USIMINAS). The correction of this spelling error
was published in the following month's notice of initiation of
antidumping and countervailing duty administrative reviews. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 75 FR 29976 (May 28, 2010).
\2\ In the final determination of the investigation of hot-
rolled steel from Brazil, the Department determined that USIMINAS
and COSIPA were affiliated parties, and collapsed these entities.
See Notice of Final Determination of Sales at Less Than Fair Value;
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products From
Brazil, 64 FR 38756, 38759 (July 19, 1999).
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On May 4, 2010, the Department issued its antidumping duty
questionnaire to all four mandatory respondents. Also, on May 4, 2010,
respondent CSN timely submitted its certificate of no shipments,
entries or sales of subject merchandise to the United States during the
period of review (POR) March 1, 2009, through February 28, 2010, and
requested rescission of its administrative review. CST, on May 17,
2010, filed a timely certification that CST had no shipments, sales or
entries to the United States during the POR, and consequently also
requested that its review be rescinded. In addition, it claimed that
ArcelorMittal Brasil is the successor-in-interest to CST and requested
the Department rescind its review. USIMINAS/COSIPA submitted, on May
26, 2010, a certification that it had no sales, shipments or entries of
subject merchandise to the United States during the POR.
On June 3, 2010, the Department issued a letter to CST and
ArcelorMittal Brasil clarifying that in order to be recognized as the
successor-in-interest of CST it has to formally request the Department
to conduct a changed circumstances review pursuant to section 751(b) of
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and
351.221(c)(3).
The Department issued a ``No Shipment Inquiry'' to U.S. Customs and
Border Protection (CBP) on June 15, 2010, to confirm that there were no
shipments or entries of hot-rolled steel from Brazil produced or
exported by USIMINAS/COSIPA, CSN and CST during the POR of the instant
administrative review. CBP only responds to the Department's inquiry
when CBP finds that there have been shipments or entries of the
merchandise in question. CBP did not respond to the Department's
inquiry, and no party submitted comments. Based on this information, on
July 6, 2010, the Department substantiated USIMINAS/COSIPA's, CST's,
and CSN's claims that they did not have any shipments or entries of
hot-rolled steel from Brazil during the instant POR. See Memorandum to
the File titled, ``Usinas Siderurgicas de Minas Gerais S.A. (USIMINAS),
Companhia Siderurgica Paulista (Cosipa), Companhia Siderurgica de
Tubarao (CST), and Companhia Siderurgica Nacional (CSN)--No Shipments
of Certain Hot-Rolled, Flat-Rolled Carbon Quality Steel Flat Products
From Brazil Pursuant to U.S. Customs and Border Protection Inquiry''
from Ericka Ukrow, International Trade Compliance Analyst, dated July
6, 2010 (CBP Memo).
On July 22, 2010, and July 23, 2010, respectively, Nucor and U.S.
Steel timely filed letters withdrawing their requests for review of the
four companies for which the Department initiated this review basing
their decision on the Department's substantiation of respondents'
claims of no shipments or entries of the subject merchandise during the
POR. See Letter from Nucor titled, ``Certain Hot-Rolled Carbon Steel
Flat Products From Brazil: Withdrawal of Request for Administrative
Review,'' dated July 22, 2010; Letter from U.S. Steel titled, ``Certain
Hot-Rolled Carbon Steel Flat Products From Brazil,'' dated July 23,
2010, citing the Department's CBP memo, dated July 6, 2010.
Period of Review
The POR is March 1, 2009, through February 28, 2010.
Scope of the Order
The products covered by the order are certain hot-rolled flat-
rolled carbon-quality steel 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 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 this scope 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 and/or niobium added
to stabilize carbon and nitrogen elements. HSLA steels are recognized
as steels with micro-alloying levels of elements such as chromium,
copper, niobium, titanium, vanadium, and molybdenum. The substrate for
motor lamination steels contains micro-alloying levels of elements such
as silicon and aluminum.
Steel products to be included in the scope of this order,
regardless of Harmonized Tariff Schedule of the United States (HTSUS)
definitions, are products in which: (1) Iron predominates, by weight,
over each of the other contained elements; (2) the carbon content is 2
percent or less, by weight; and (3) none of the elements listed below
exceeds the quantity, by weight, respectively indicated: 1.80 percent
of manganese, or 1.50 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 0.012 percent of boron, or 0.10 percent of
molybdenum, or 0.10 percent of niobium, or 0.41 percent of titanium, 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,
[[Page 65455]]
are outside and/or specifically excluded from the scope of this order:
--Alloy hot-rolled steel products in which at least one of the chemical
elements exceeds those listed above (including, e.g., ASTM
specifications A543, A387, A514, A517, and A506).
--SAE/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 1.50 percent.
--ASTM specifications A710 and A736.
--USS Abrasion-resistant steels (USS AR 400, USS AR 500).
Hot-rolled steel coil which meets the following chemical, physical
and mechanical specifications:
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C Mn P S Si Cr Cu Ni
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0.10-0.14% 0.90% Max 0.025% Max 0.005% Max 0.30-0.50% 0.50-0.70% 0.20-0.40% 0.20% Max.
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Width = 44.80 inches maximum; Thickness = 0.063-0.198 inches; Yield Strength = 50,000 ksi minimum; Tensile
Strength = 70,000-88,000 psi.
--Hot-rolled steel coil which meets the following chemical, physical
and mechanical specifications:
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C Mn P S Si Cr Cu Ni Mo
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0.10-0.16% 0.70-0.90% 0.025% Max 0.006% Max 0.30-0.50% 0.50-0.70% 0.25% Max 0.20% Max, 0.21% Max
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Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile
Strength = 105,000 psi Aim.
--Hot-rolled steel coil which meets the following chemical, physical
and mechanical specifications:
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C Mn P S Si Cr Cu Ni V (wt.) Cb
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0.10-0.14% 1.30-1.80% 0.025% Max 0.005% Max 0.30-0.50% 0.50-0.70% 0.20-0.40% 0.20% Max 0.10 Max 0.08% Max.
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Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim.
Hot-rolled steel coil which meets the following chemical, physical
and mechanical specifications:
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C Mn P S Si Cr Cu Ni Nb Ca Al
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0.15% Max 1.40% Max 0.025% Max 0.010% Max 0.50% Max 1.00% Max 0.50% Max 0.20% Max 0.005% Min Treated 0.01-0.07%
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Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield Strength = 70,000 psi minimum for thicknesses <= 0.148 inches and 65,000 psi minimum for
thicknesses > 0.148 inches; Tensile Strength = 80,000 psi minimum.
Hot-rolled dual phase steel, phase-hardened, primarily with a
ferritic-martensitic microstructure, contains 0.9 percent up to and
including 1.5 percent silicon by weight, further characterized by
either (i) tensile strength between 540 N/mm\2\ and 640 N/mm\2\ and an
elongation percentage >= 26 percent for thicknesses of 2 mm and above,
or (ii) a tensile strength between 590 N/mm\2\ and 690 N/mm\2\ and an
elongation percentage >= 25 percent for thicknesses of 2 mm and above.
--Hot-rolled bearing quality steel, SAE grade 1050, in coils, with an
inclusion rating of 1.0 maximum per ASTM E 45, Method A, with excellent
surface quality and chemistry restrictions as follows: 0.012 percent
maximum phosphorus, 0.015 percent maximum sulfur, and 0.20 percent
maximum residuals including 0.15 percent maximum chromium.
--Grade ASTM A570-50 hot-rolled steel sheet in coils or cut lengths,
width of 74 inches (nominal, within ASTM tolerances), thickness of 11
gauge (0.119 inch nominal), mill edge and skin passed, with a minimum
copper content of 0.20%.
The merchandise subject to this order 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, 7210.70.30.00, 7210.90.90.00, 7211.14.00.30,
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,
7211.19.75.90, 7212.40.10.00, 7212.40.50.00, 7212.50.00.00. Certain
hot-rolled flat-rolled carbon-quality 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 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 7226.99.01.80.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under this
order is dispositive.
Rescission of Antidumping Duty Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party
[[Page 65456]]
that requested a review withdraws the request within 90 days of the
date of publication of the notice of initiation of the requested
review. Because parties submitted their requests to rescind the
administrative review of all four companies within 90 days of the date
of publication of the notice of initiation, the Department is
rescinding this review in accordance with 19 CFR 351.213(d)(1).
Assessment Instructions
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. For companies for which this review is
rescinded, 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)(1)(i). The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of this notice.
Notification to Importers
This notice serves as a reminder to importers 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 antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR Sec. 351.305(a)(3). Timely written
notification of the return or 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 sanctionable
violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: October 19, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-26922 Filed 10-22-10; 8:45 am]
BILLING CODE 3510-DS-P