[Federal Register Volume 67, Number 139 (Friday, July 19, 2002)]
[Notices]
[Pages 47518-47520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18294]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-826]


Notice of Final Determination of Sales at Less Than Fair Value: 
Certain Cold-Rolled Carbon Steel Flat Products from India

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

EFFECTIVE DATE: July 19, 2002.

FOR FURTHER INFORMATION CONTACT: Paige Rivas at (202) 482-0651, or Mark 
Manning at (202) 482-5253, Office of AD/CVD Enforcement IV, Group II, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The 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 (URAA). In addition, unless otherwise 
indicated, all citations to the Department of Commerce (Department) 
regulations are to the regulations at 19 CFR part 351 (April 2001).

Final Determination

    We determine that certain cold-rolled carbon steel flat products 
(cold-rolled steel) from India are being, or are likely to be, sold in 
the United States at less than fair value (LFTV), as provided in 
section 735 of the Act. The estimated margins are shown in the 
``Suspension of Liquidation'' section of this notice.

Background

    On May 9, 2002, the Department published its preliminary 
determination in the above-captioned antidumping duty investigation. 
See Notice of Preliminary Determination of Sales at Less Than Fair 
Value: Certain Cold-Rolled Carbon Steel Flat Products From India, 67 FR 
31218 (May 9, 2002) (Preliminary Determination). See also Notice of 
Initiation of Antidumping Duty Investigations: Certain Cold-Rolled 
Carbon Steel Flat Products From Argentina, Australia, Belgium, Brazil, 
France, Germany, India, Japan, Korea, the Netherlands, New Zealand, the 
People's Republic of China, the Russian Federation, South Africa, 
Spain, Sweden, Taiwan, Thailand, Turkey, and Venezuela, 66 FR 54198 
(October 26, 2001) (Initiation Notice).
    Since the preliminary determination, the following events have 
occurred. We gave interested parties an opportunity to comment on the 
preliminary determination.. With respect to scope, in the preliminary 
LTFV determinations in these cases, the Department preliminarily 
excluded certain porcelain enameling steel from the scope of these 
investigations. See Scope Appendix to the Notice of Preliminary 
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled 
Carbon Steel Flat Products from Argentina, 67 FR 31181 (May 9, 2002) 
(Scope Appendix - Argentina Preliminary LTFV Determination). On June 
13, 2002, we issued a preliminary decision on the remaining 75 scope 
exclusion requests filed in a number of the on-going cold-rolled steel 
investigations (``Preliminary Scope Rulings in the Antidumping 
Investigations on Certain Cold-Rolled Carbon Steel Flat Products from 
Argentina, Australia, Belgium, Brazil, France, Germany, India, Japan, 
Korea, the Netherlands, New Zealand, the People's Republic of China, 
the Russian Federation, South Africa, Spain, Sweden, Taiwan, Thailand, 
Turkey, and Venezuela, and in the Countervailing Duty Investigations of 
Certain Cold-Rolled Carbon Steel Flat Products from Argentina, Brazil, 
France, and Korea''

[[Page 47519]]

(Preliminary Scope Rulings), which is on file in the Central Records 
Unit (CRU), room B-099 of the main Department building. We gave parties 
until June 20, 2002, to comment on the preliminary scope rulings, and 
until June 27, 2002, to submit rebuttal comments. We received comments 
and/or rebuttal comments from petitioners and respondents from various 
countries subject to these investigations of cold-rolled steel. In 
addition, on June 13, 2002, North American Metals Company (an 
interested party in the Japanese proceeding) filed a request that the 
Department issue a ``correction'' for an already excluded product. On 
July 8, 2002, the petitioners objected to this request.
    At the request of multiple respondents, the Department held a 
public hearing with respect to the Preliminary Scope Rulings on July 1, 
2002.
    We gave interested parties an opportunity to comment on the 
preliminary determination. No case or rebuttal briefs were submitted.

Critical Circumstances

    In letters filed on December 7, 2001, and January 14, 2002, the 
petitioners alleged that there is a reasonable basis to believe or 
suspect that critical circumstances exist with respect to imports of 
cold-rolled steel from India and other countries. On April 18, 2002, 
the Department published in the Federal Register its preliminary 
determination that critical circumstances exist for imports of cold-
rolled steel from India and other countries. See Notice of Preliminary 
Determinations of Critical Circumstances: Certain Cold-Rolled Carbon 
Steel Flat Products From Australia, the People's Republic of China, 
India, the Republic of Korea, the Netherlands, and the Russian 
Federation, 67 FR 19157 (April 18, 2002) and Memorandum from Bernard 
Carreau to Faryar Shirzad, ``Antidumping Duty Investigations on Certain 
Cold-Rolled Carbon Steel Flat Products from Australia, India, the 
Netherlands, and the Republic of Korea Preliminary Affirmative 
Determinations of Critical Circumstances,'' dated April 10, 2002.
    We received no comments from the petitioners or the respondent 
regarding our preliminary finding that critical circumstances exist for 
imports of cold-rolled steel from India. Therefore, we have not changed 
our determination and continue to find that critical circumstances 
exist for imports of cold-rolled steel from India. Regarding the other 
countries for which we preliminarily found affirmative critical 
circumstances, we will make final determinations concerning critical 
circumstances for these countries when we make our final dumping 
determinations in those investigations.

Scope of Investigation

    For purposes of this investigation, the products covered are 
certain cold-rolled (cold-reduced) flat-rolled carbon-quality steel 
products. A full description of the scope of this investigation is 
contained in the ``Scope Appendix'' attached to the Notice of Final 
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled 
Carbon Steel Flat Products from Australia, published concurrently with 
this notice. For a complete discussion of the comments received on the 
Preliminary Scope Rulings, see the memorandum regarding ``Issues and 
Decision Memorandum for the Final Scope Rulings in the Antidumping Duty 
Investigations on Certain Cold-Rolled Carbon Steel Flat Products from 
Argentina, Australia, Belgium, Brazil, France, Germany, India, Japan, 
Korea, the Netherlands, New Zealand, the People's Republic of China, 
the Russian Federation, South Africa, Spain, Sweden, Taiwan, Thailand, 
Turkey, and Venezuela, and in the Countervailing Duty Investigations of 
Certain Cold-Rolled Carbon Steel Flat Products from Argentina, Brazil, 
France, and Korea,'' dated July 10, 2002, which is on file in the CRU.

Analysis of Comments Received

    As noted above, there were no case or rebuttal briefs submitted in 
this investigation, nor was there a hearing.

Use of Facts Available

    In the Preliminary Determination, the Department applied total 
adverse facts available to the mandatory respondent, Ispat Industries, 
Ltd. (Ispat). Specifically, the Department assigned Ispat the rate of 
153.65 percent, the rate derived from the petition. See Initiation 
Notice. Also, the Department applied the petition margin of 153.65 
percent as the ``all others'' rate. The interested parties did not 
object to the use of adverse facts available, nor to the Department's 
choice of facts available. For this final determination, we are 
continuing to apply total adverse facts available to Ispat.

Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we are instructing the 
U.S. Customs Service (Customs) to continue to suspend liquidation of 
all entries of cold-rolled steel from India that are entered, or 
withdrawn from warehouse, for consumption on or after February 9, 2002, 
which is 90 days prior to the date the Preliminary Determination was 
published in the Federal Register, because of our affirmative critical 
circumstances finding in accordance with section 735(a)(3) of the Act. 
Customs shall continue to require a cash deposit or the posting of a 
bond equal to the estimated amount by which the normal value exceeds 
the U.S. price as shown below. The suspension of liquidation 
instructions will remain in effect until further notice.
    We determine that the following percentage margins exist for the 
period July 1, 2000 through June 30, 2001:

------------------------------------------------------------------------
                Manufacturer/Exporter                   Margin (percent)
------------------------------------------------------------------------
Ispat................................................             153.65
All Others...........................................             153.65
------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we have notified the 
ITC of our determination. As our final determination is affirmative, 
the ITC will determine, within 45 days, whether these imports are 
causing material injury, or threat of material injury, to an industry 
in the United States. If the ITC determines that material injury, or 
threat of injury does not exist, the proceeding will be terminated and 
all securities posted will be refunded or cancelled. If the ITC 
determines that such injury does exist, the Department will issue an 
antidumping duty order directing Customs officials to assess 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Notification Regarding Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 351.305. 
Timely notification of 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.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.


[[Page 47520]]


    Dated: July 10, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-18294 Filed 7-18-02; 8:45 am]
BILLING CODE 3510-DS-S