[Federal Register Volume 68, Number 183 (Monday, September 22, 2003)]
[Notices]
[Pages 55030-55032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24128]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-357-815]


Final Notice of Rescission of Countervailing Duty Administrative 
Review: Certain Hot-Rolled Carbon Steel Flat Products from Argentina

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

ACTION: Final Notice of Rescission of Countervailing Duty 
Administrative Review.

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SUMMARY: On May 16, 2003, the Department of Commerce (the Department) 
published in the Federal Register its notice of intent to rescind the 
countervailing duty administrative review on certain hot-rolled carbon 
steel flat products from Argentina (hot-rolled products), covering the 
period January 1, 2001 through December 31, 2001, and one manufacturer/
exporter of the subject merchandise, Siderar Sociedad Anonima 
Industrial & Commercial (Siderar). See Notice of Intent to Rescind 
Countervailing Duty Administrative Review: Certain Hot-Rolled Carbon 
Steel Flat Products from Argentina, 68 FR 26572 (May 16, 2003) (Notice 
of Intent to Rescind). On May 28, 2003, the Department published in the 
Federal Register a notice of correction to the notice of intent to 
rescind the countervailing duty administrative

[[Page 55031]]

review. See Notice of Correction to the Notice of Intent to Rescind 
Countervailing Duty Administrative Review: Certain Hot-Rolled Carbon 
Steel Flat Products From Argentina, 68 FR 31685 (May 28, 2003).
    As noted in the Scope of the Review section below, we inadvertently 
described hot-rolled carbon quality steel as the products subject to 
review. We have now correctly described subject merchandise as certain 
hot-rolled steel flat products. Based on our analysis of comments 
received, the Department has not made any changes to the decision 
articulated in the Notice of Intent to Rescind, except for the scope 
description. Therefore, in accordance with 19 CFR 351.213(d)(4), the 
Department has rescinded the review of hot-rolled products from 
Argentina.

EFFECTIVE DATE: September 22, 2003.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Cindy Robinson, AD/
CVD Enforcement, Office 6, Group II, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-3692 or (202) 482-3797, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 11, 2001, the Department published in the Federal 
Register the countervailing duty order on hot-rolled carbon steel flat 
products from Argentina. See Notice of Countervailing Duty Order: 
Certain Hot-Rolled Carbon Steel Flat Products From Argentina, 66 FR 
47173 (September 11, 2001).
    On September 3, 2002, the Department published the Notice of 
Opportunity to Request Administrative Review of Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation, 67 FR 
56267 (September 3, 2002).
    On September 30, 2002, the Department received a request from 
Siderar to conduct an administrative review of the countervailing order 
on hot-rolled products from Argentina. On October 24, 2002, the 
Department initiated an administrative review of this order for the 
period January 1, 2001 through December 31, 2001 (period of review). 
Pursuant to 19 CFR 351.213(b), this review only covers Siderar, the 
producer/exporter of the subject merchandise for which a review was 
specifically requested.
    On May 16, 2003, the Department published in the Federal Register 
the Notice of Intent to Rescind. On May 28, 2003, the Department 
published in the Federal Register a correction to the Notice of Intent 
to Rescind to allow interested parties to comment.
    On June 27, 2003, the Department received comments from the 
Government of Argentina (GOA) and Siderar (collectively, respondents). 
On July 2, 2003, the Department received rebuttal comments from 
National Steel Corporation and United States Steel Corporation 
(petitioners).

Scope of the Review

    Note: In the Notice of Intent to Rescind, we inadvertently 
described hot-rolled carbon quality steel as the products subject to 
review. We have now correctly described subject merchandise below as 
certain hot-rolled steel flat products.
    The merchandise subject to this review is 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 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 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 
review.
    Specifically included within the scope of this review 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 included in the scope of this review, 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 review unless otherwise 
excluded. The following products, by way of example, are outside or 
specifically excluded from the scope of this review:
[sbull] 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, A506).
[sbull] SAE/AISI grades of series 2300 and higher.
[sbull] Ball bearings steels, as defined in the HTSUS
[sbull] Tool steels, as defined in the HTSUS.
[sbull] Silico-manganese (as defined in the HTSUS) or silicon 
electrical steel with a silicon level exceeding 2.25 percent.
[sbull] ASTM specifications A710 and A736.
[sbull] USS Abrasion-resistant steels (USS AR 400, USS AR 500).
[sbull] All products (proprietary or otherwise) based on an alloy ASTM 
specification (sample specifications: ASTM A506, A507).
[sbull] 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 review 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 flat-rolled 
carbon-

[[Page 55032]]

quality steel covered by this review, 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 convenience and 
customs purposes, the Department's written description of the 
merchandise subject to this proceeding is dispositive.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) dated concurrently with this notice 
which is hereby adopted by this notice. A list of issues which parties 
have raised, and to which we have responded, all of which are in the 
Decision Memorandum, is attached to this notice as Appendix I. Parties 
can find a complete discussion of all issues raised in this review and 
the corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit in room B-099 of the Main Commerce 
Building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the World Wide Web at http://wwwa.ita.doc.gov, under the heading ``Federal Register Notices.'' The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Rescission of Review

    Based on our analysis of comments received, the Department has not 
made any changes to the decision articulated in the Notice of Intent to 
Rescind, except for the scope description as noted in the Scope of the 
Review section above. In accordance with 19 CFR 351.213(d)(4), the 
Department has now rescinded the review of hot-rolled products from 
Argentina covering the period January 1, 2001 through December 31, 
2001.
    We will instruct the U.S. Bureau of Customs and Borders Protection 
(BCBP) to assess countervailing duties at the cash deposit or bonding 
rate required at the time of entry. We will also instruct BCBP to 
continue to collect cash deposits of estimated countervailing duties 
for the merchandise at the current rates.
    This notice is in accordance with sections 751(a)(1) and 777(i) of 
the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: September 15, 2003.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix I - Issues Discussed in Decision Memorandum

Analysis of Comments

Comment 1--The Statute and Regulations Provide the Department with the 
Discretion to Conduct Countervailing Duty (CVD) Reviews in the Absence 
of Shipments
Comment 2--Department Practice and the Unique Circumstances of This 
Case Warrant Conducting a Review and Adjusting the Deposit Rate
[FR Doc. 03-24128 Filed 9-18-03; 12:01 pm]
BILLING CODE 3510-DS-S