[Federal Register Volume 66, Number 230 (Thursday, November 29, 2001)]
[Notices]
[Pages 59562-59563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29667]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-817]


Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat 
Products From Thailand

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of antidumping duty order.

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EFFECTIVE DATE: November 29, 2001.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Nancy Decker at 
(202) 482-3019 or (202) 482-0196, respectively; Antidumping and 
Countervailing Duty Enforcement Group III, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department of Commerce (the Department) 
regulations are to the regulations at 19 CFR part 351 (2001).

Scope of Order

    For purposes of this order, 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 
order. Specifically included within 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 to be included in the scope of this order, 
regardless of definitions in the Harmonized Tariff Schedule of the 
United States (HTS), 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 steel products in which at least one of 
the chemical elements exceeds those listed above

[[Page 59563]]

(including, e.g., ASTM specifications A543, A387, A514, A517, A506).
     Society of Automotive Engineers (SAE)/American Iron and 
Steel Institute (AISI) grades of series 2300 and higher.
     Ball bearings steels, as defined in the HTS.
     Tool steels, as defined in the HTS.
     Silico-manganese (as defined in the HTS) 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 HTS.
    The merchandise subject to this order is classified in the HTS 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 flat-rolled carbon 
steel flat products 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 7226.99.00.00. 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 HTS 
subheadings are provided for convenience and U.S. Customs purposes, the 
written description of the merchandise under this order is dispositive.

Antidumping Duty Order

    In accordance with section 735(a) of the Act, the Department made 
its final determination that certain hot-rolled carbon steel flat 
products (hot-rolled steel) from Thailand is being sold at less-than-
fair-value (LTFV). See Notice of Final Determination of Sales at Less 
Than Fair Value; Certain Hot-Rolled Carbon Steel Flat Products from 
Thailand, 66 FR 49622 (September 28, 2001). On November 13, 2001, the 
U.S. International Trade Commission (the ITC) notified the Department 
of its final determination, pursuant to section 735(b)(1)(A)(i) of the 
Act, that an industry in the United States is materially injured by 
reason of LTFV imports of subject merchandise from Thailand.
    In accordance with section 736(a)(1) of the Act, the Department 
will direct Customs officers to assess, upon further advice by the 
Department, antidumping duties equal to the amount by which the normal 
value of the subject merchandise exceeds the U.S. price of the subject 
merchandise for all relevant entries of hot-rolled steel from Thailand. 
These antidumping duties will be assessed on all unliquidated entries 
of hot-rolled steel from Thailand entered, or withdrawn from warehouse, 
for consumption on or after May 3, 2001, the date on which the 
Department published its notice of preliminary determination for this 
investigation in the Federal Register. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value; Certain Hot-Rolled 
Carbon Steel Flat Products from Thailand, 66 FR 22199, (May 3, 2001).
    On or after the date of publication of this notice in the Federal 
Register, Customs officers must require, at the same time as importers 
would normally deposit estimated duties on this merchandise, a cash 
deposit equal to the estimated weighted-average antidumping duty 
margins:

------------------------------------------------------------------------
                                                                 Cash
                                                               deposit
                   Manufacturer/exporter                      rate  (In
                                                               percent)
------------------------------------------------------------------------
Sahaviriya Steel Industries................................         4.44
Siam Strip Mill Public.....................................        20.30
All Others.................................................         4.44
------------------------------------------------------------------------

    The ``All Others'' rates apply to all exporters in Thailand of 
subject merchandise not specifically listed.
    Article VI.5 of the General Agreement on Tariffs and Trade (GATT 
1994) prohibits assessing dumping duties on the portion of the margin 
attributable to an export subsidy. In this case, the product under 
investigation is subject to a countervailing duty investigation. See 
Notice of Final Affirmative Countervailing Duty Determination: Certain 
Hot-Rolled Carbon Steel Flat Products from Thailand, 66 FR 50410 
(October 3, 2001).
    Therefore, for all entries of hot-rolled steel from Thailand 
entered, or withdrawn from warehouse, for consumption on or after the 
date on which the order in the companion countervailing duty 
investigation is published in the Federal Register, we will request for 
duty deposit purposes that the Customs Service deduct the portion of 
the margin attributable to export subsidies as determined in the 
countervailing duty investigation. The antidumping duty cash deposit 
rates, as adjusted for export subsidies, are as follows:

------------------------------------------------------------------------
                                                             Margin  (In
                   Manufacturer/exporter                       percent)
------------------------------------------------------------------------
Sahaviriya Steel Industries................................         3.86
Siam Strip Mill Public.....................................        19.72
All Others.................................................         3.86
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
hot-rolled steel from Thailand. Interested parties may contact the 
Department's Central Records Unit, room B-099 of the main Commerce 
building, for copies of an updated list of the antidumping duty orders 
currently in effect.
    This order is published in accordance with section 736(a) of the 
Act.

    Dated: November 21, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-29667 Filed 11-28-01; 8:45 am]
BILLING CODE 3510-DS-P