[Federal Register Volume 69, Number 71 (Tuesday, April 13, 2004)]
[Notices]
[Pages 19388-19390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8373]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-817]


Certain Hot-Rolled Carbon Steel Flat Products From Thailand: 
Final Results and Partial Rescission of Antidumping Duty Administrative 
Review

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

SUMMARY: The Department of Commerce (``the Department'') has conducted 
an administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from Thailand produced and/or 
exported by Sahaviriya Steel Industries Public Company Limited 
(``SSI''), Nakornthai Strip Mill Public Co., Ltd. (``Nakornthai''), and 
Siam Strip Mill Public Co., Ltd. (``Siam Strip''). The period of review 
(``POR'') is May 3, 2001, through October 31, 2002. Based on our 
analysis of comments received, these final results remain unchanged 
from the Preliminary Results. The final results are listed below in the 
``Final Results of Review'' section.

EFFECTIVE DATE: April 13, 2004.

FOR FURTHER INFORMATION CONTACT: Helen Kramer at (202) 482-0405 or Ann 
Barnett-Dahl at (202) 482-3833, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On December 8, 2003, the Department published the preliminary 
results and partial rescission of its administrative review of the 
antidumping duty order on certain hot-rolled carbon steel flat products 
from Thailand. See Certain Hot-Rolled Steel from Thailand: Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review, 68 FR 68336 (December 8, 2003) (``Preliminary Results'').
    We invited parties to comment on the Preliminary Results. On 
January 8, 2003, we received case briefs from SSI and Nucor Corporation 
(``the Petitioner''). On January 12, 2003, we received rebuttal briefs 
from SSI and the Petitioner. A hearing was not requested.

Partial Rescission

    In our preliminary results, we announced our preliminary decision 
to rescind the review with respect to Nakornthai and Siam Strip because 
these companies had no entries of hot-rolled steel from Thailand during 
the POR. See Preliminary Results. We have received no new information 
contradicting the decision. Therefore, we are rescinding the 
administrative review with respect to Nakornthai and Siam Strip.

Scope of the Antidumping Duty Order

    The products covered by this antidumping duty order 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

[[Page 19389]]

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 review 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 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 carbon steel flat 
products 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 CBP 
purposes, the written description of the merchandise is dispositive.

Analysis of Comments Received

    The Department has received comments from SSI and the Petitioner, 
all of which are addressed in the ``Issues and Decision Memorandum'' 
from Joseph A. Spetrini, Deputy Assistant Secretary, Import 
Administration, to James J. Jochum, Assistant Secretary, Import 
Administration, dated April 6, 2004 (''Decision Memorandum''), which is 
hereby adopted by this notice. Attached to this notice as an Appendix 
is a list of the issues that SSI and the Petitioner have raised and to 
which we have responded in the Decision Memorandum. 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 Department's Central Records Unit, located at 14th Street 
and Constitution Avenue, NW., Room B-099. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the 
Import Administration Web site at http://ia.ita.doc.gov/ under the 
heading Federal Register Notices. The paper copy and electronic version 
of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received and findings at 
verification, our preliminary results remain unchanged.

Final Results of

    Review We determine that the following dumping margins exist for 
the period May 3, 2001 through October 31, 2002:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
SSI........................................................         0.00
------------------------------------------------------------------------

    All other entries of the subject merchandise during the POR will be 
liquidated at the antidumping duty rate in place at the time of entry. 
The Department will issue appropriate assessment instructions directly 
to the U.S. Customs and Border Protection (``CBP'') within 15 days of 
publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(1) of the Act: (1) For the companies 
named above, the cash deposit rates will be the rates for these firms 
shown above, except that, for exporters with de minimis rates (i.e., 
less than 0.5 percent) no deposit will be required; (2) for previously-
reviewed producers and exporters with separate rates, the cash deposit 
rate will be the company-specific rate established for the most recent 
period for which they were reviewed; and (3) for all other producers 
and exporters, the rate will be 3.86 percent, the ``all others'' rate 
established in the less than fair value investigation (66 FR 49622, 
September 28, 2001). These deposit requirements, when imposed, shall 
remain in effect until publication of the final results of the next 
administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant

[[Page 19390]]

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.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/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 violation, which is subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 6, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Decision Memorandum

1. Date of Sale
2. Home Market Duty Drawback
3. Margin Adjustment for Export Subsidy
4. Slab Costs
5. Income Offsets to the General and Administrative Expenses
6. Financial Expense Offset
[FR Doc. 04-8373 Filed 4-12-04; 8:45 am]
BILLING CODE 3510-DS-P