[Federal Register Volume 66, Number 232 (Monday, December 3, 2001)]
[Notices]
[Pages 60194-60195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29896]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


Notice of Amended Final Antidumping Duty Determination of Sales 
at Less Than Fair Value and Antidumping Duty Order: Certain Hot-Rolled 
Carbon Steel Flat Products From India

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

SUMMARY: We are amending our Notice of Final Determination of Sales at 
Less Than Fair Value: Certain Hot-Rolled Carbon Steel Flat Products 
From India, October 3, 2001 (66 FR 50406) (Final Determination), to 
reflect the correction of ministerial errors made in the final 
determination. This correction is in accordance with section 735(e) of 
the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.224 of the 
Department of Commerce's (the Department's) regulations. The period of 
investigation (POI) covered by this amended final determination is 
October 1, 1999, through September 30, 2000. This notice also 
constitutes the antidumping duty order with respect to certain hot-
rolled carbon steel flat products from India.

EFFECTIVE DATE: December 3, 2001.

FOR FURTHER INFORMATION CONTACT: Timothy Finn, John Conniff, or Howard 
Smith at (202) 482-0065, (202) 482-1009, or (202) 482-5193, 
respectively, AD/CVD Enforcement, Office 4, Group II, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230.

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Act are references 
to the provisions effective January 1, 1995, the effective date of the 
amendments made to the Act by the Uruguay Round Agreements Act. In 
addition, unless otherwise indicated, all citations to the Department's 
regulations are to 19 CFR part 351 (2000).

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 (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 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 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, 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 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 HTSUS 
subheadings are provided for

[[Page 60195]]

convenience and U.S. Customs purposes, the written description of the 
merchandise subject to this proceeding is dispositive.

Amended Final Determination

    On October 3, 2001, in accordance with sections 735(d) and 
777(i)(1) of the Act, the Department published its affirmative final 
determination in this proceeding. See Final Determination, 66 FR 50406. 
Pursuant to 19 CFR 351.224(c), on October 2, October 3, and October 4, 
2001, we received timely filed submissions from respondents, Essar 
Steel Ltd. (Essar) and Ispat Industries Ltd. (Ispat), and certain 
petitioners \1\ alleging that the Department made ministerial errors in 
its final determination. On October 9, 2001, we received rebuttal 
comments from Ispat and petitioners regarding the allegations of 
ministerial errors in the calculation of Ispat's margin.
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    \1\ The petitioners that filed ministerial error allegations are 
Bethlehem Steel Corporation, United States Steel, LLC, National 
Steel Corporation, and LTV Steel Company, Inc.
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    Petitioners allege that in calculating Ispat's weighted-average 
margin, the Department (1) failed to include bad debt expenses in the 
reported home market indirect selling expenses, and (2) failed to 
include a significant portion of interest expenses in the interest 
expense ratio. Although Ispat agrees with petitioners' contention that 
bad debt expense should be included in indirect selling expenses, it 
disagrees with the methodology used by petitioners to recalculate the 
indirect selling expense ratio. In addition, Ispat claims that there is 
no ministerial error with respect to the interest expense calculation.
    Moreover, both parties allege that the Department failed to use 
costs that properly reflect the ``Customs Duty Adjustment.''
    With respect to Essar, petitioners allege that the Department's 
margin calculations (1) Fail to account for interest expenses and 
interest income associated with home market and U.S. sales, (2) fail to 
account for direct labor expense, (3) fail to base general, 
administrative and interest expenses on adjusted total manufacturing 
costs, and (4) fail to include the proper facts available rate for 
unreported U.S. sales.
    Essar alleges that the Department failed to take into account home 
market freight revenue in calculating home market credit expense.
    In accordance with section 735(e) of the Act, we have determined 
that, with the exception of the allegation regarding the interest 
expense ratio, ministerial errors were made in our final margin 
calculations. Thus, we are amending our final determination in order to 
revise the antidumping duty rate for Essar and Ispat. The revised 
weighted-average dumping margins are listed in the ``Antidumping Duty 
Order'' section below. For a detailed analysis of the ministerial 
errors that we addressed, and the Department's position on each, see 
the Memorandum to Bernard T. Carreau from Holly A. Kuga, dated November 
19, 2001, regarding Ministerial Error Allegations on file in room B-099 
of the Main Commerce building.

Antidumping Duty Order

    On November 13, 2001, in accordance with section 735(d) of the Act, 
the International Trade Commission (the Commission) notified the 
Department of its final determination that an industry in the United 
States is materially injured by reason of less-than-fair-value imports 
of subject merchandise from India, pursuant to section 735(b)(1)(A) of 
the Act. Therefore, in accordance with section 736(a)(1) of the Act, 
the Department will direct U.S. Customs to assess, upon further advice 
by the Department, antidumping duties equal to the amount by which the 
normal value of the merchandise exceeds the export price of the 
merchandise for all relevant entries of certain hot-rolled carbon steel 
flat products from India. These antidumping duties will be assessed on 
all unliquidated entries of subject merchandise from India 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 of Sales at Less Than Fair Value and Postponement of 
Final Determination: Certain Hot-Rolled Carbon Steel Flat Products From 
India, (66 FR 22157).
    On or after the date of publication of this notice in the Federal 
Register, U.S. Customs must require, at the same time as importers 
would normally deposit estimated duties, cash deposits for the subject 
merchandise equal to the estimated weighted-average dumping margins 
listed below. The ``All Others'' rate applies to all exporters of 
subject merchandise not specifically listed below.

------------------------------------------------------------------------
                                                               Revised
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Ispat Industries Ltd.......................................        44.40
Essar Steel Ltd............................................        36.53
All Others.................................................        38.72
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
certain hot-rolled carbon steel flat products from India. 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 
antidumping duty orders currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211.

    November 20, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-29896 Filed 11-30-01; 8:45 am]
BILLING CODE 3510-DS-P