[Federal Register Volume 69, Number 123 (Monday, June 28, 2004)]
[Notices]
[Pages 36060-36062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14620]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


Certain Hot-Rolled Carbon Steel Flat Products From India: Final 
Results of Antidumping Duty Administrative Review

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

ACTION: Notice of Final Results of Antidumping Duty Administrative 
Review.

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SUMMARY: On December 23, 2003, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on certain hot-rolled carbon steel 
flat products (HRS) From India. The review covers HRS exported to the 
United States by Essar Steel Co., Ltd. (Essar) during the period May 3, 
2001, through November 30, 2002. Based on our analysis of the comments 
received, we have made changes in the margin calculation. The final 
weighted-average dumping margin for the reviewed firm is listed below 
in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: June 28, 2004.

FOR FURTHER INFORMATION CONTACT: Kevin Williams or Howard Smith, AD/CVD 
Enforcement, Office IV, Group II, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th and 
Constitution Avenue, NW., Washington, DC 20230;

[[Page 36061]]

telephone: (202) 482-2371 or (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 23, 2003, the Department published in the Federal 
Register the preliminary results of this administrative review of the 
antidumping duty order on HRS from India. See Certain Hot-Rolled Carbon 
Steel Flat Products From India: Preliminary Results and Rescission in 
Part of Antidumping Duty Administrative Review, 68 FR 74209 (December 
23, 2003).
    In response to the Department's invitation to comment on the 
preliminary results of this review, we received written comments on 
January 22 and 23, 2004, from petitioners \1\ and the respondent. On 
January 29, 2004, we received rebuttal comments from petitioners and 
the respondent. The Department received a request for a public hearing 
from Nucor which was later withdrawn; therefore no public hearing was 
held. On April 27, 2004, the Department extended the deadline for the 
final results until June 20, 2004. See Certain Hot-Rolled Carbon Steel 
Flat Products From India: Extension of Time Limit for Final Results of 
Antidumping Duty Administrative Review, 69 FR 22761 (April 27, 2004).
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    \1\ Petitioners in this case are United States Steel Corporation 
and Nucor Corporation.
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    The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

Scope of the Review

    The products covered by the 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 the 
order.
    Specifically included within the scope of the 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 the 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 the order unless otherwise 
excluded. The following products, by way of example, are outside or 
specifically excluded from the scope of the 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 the order is currently classifiable 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 the 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 convenience and customs purposes, the 
written description of the merchandise subject to review is 
dispositive.

Period of Review

    The period of review (POR) is May 3, 2001, through November 30, 
2002.

Analysis of Comments Received

    All issues raised in the case briefs submitted by Essar and 
petitioners are contained in the Issues and Decision Memorandum from 
Jeffery A. May, Deputy Assistant Secretary, to James J. Jochum, 
Assistant Secretary for Import Administration (Issues and Decision 
Memorandum). The Issues and Decision Memorandum is dated concurrently 
with this notice and hereby adopted by this notice. A list of the 
issues which the parties have raised is attached to this notice as an 
appendix. Parties can find a complete discussion of all issues

[[Page 36062]]

raised in this administrative review, and the corresponding 
recommendations, in the Issues and Decision Memorandum which is on file 
in the Central Records Unit, room B-099 of the main Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues 
and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we made the following 
changes in the comparison and margin calculation programs.
    1. We increased Essar's cost of manufacturing by the amount of 
power costs deferred during the POR.
    2. We increased Essar's export price by the amount of the 
countervailing duty imposed to offset the export subsidy found in the 
companion final results of the countervailing duty review of HRS. See 
Final Results of Countervailing Duty Administrative Review: Certain 
Hot-Rolled Carbon Steel Flat Products from India 69 FR 26549 (May 13, 
2004).
    3. We corrected ministerial errors related to the major input rule 
and commission offset.

Final Results of Review

------------------------------------------------------------------------
                                                                Margin
                   Exporter/manufacturer                      (percent)
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Essar Steel Co., Ltd.......................................         0.00
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results for all shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of these final results of administrative 
review, as provided by section 751(a)(1) of the Act: (1) The cash 
deposit rate for the reviewed company will be zero; (2) for previously 
investigated or reviewed companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be the ``all others'' rate 
of 38.72 percent, which is the ``all others'' rate established in the 
LTFV investigation.\2\ See 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 66 FR 
60194 (December 3, 2001). These deposit requirements, when imposed, 
shall remain in effect until publication of the final results of the 
next administrative review.
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    \2\ The ``all others'' cash deposit rate, applied by U.S. 
Customs and Border Protection (CBP), is reduced to account for the 
export subsidy rate found in the countervailing duty investigation. 
The adjusted ``all others'' rate is 23.87 percent.
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Assessment

    The Department will determine, and CBP will assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with these final results. The Department will issue assessment 
instructions directly to CBP within 15 days of publication of these 
final results of review. The Department will direct CBP to assess the 
resulting assessment rate against the entered customs values of the 
subject merchandise on each of the importer's entries during the review 
period.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties or countervailing 
duties prior to liquidation of the relevant entries during this review 
period. Failure to comply with this requirement could result in the 
Secretary's presumption that reimbursement of the antidumping duties or 
countervailing duties occurred and the subsequent increase in 
antidumping duties by the full amount of the antidumping and/or 
countervailing duties reimbursed.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) 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 the review results and publishing this notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 21, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

    Comment 1: Whether the Department Should Base Essar's Dumping 
Margin on Total Adverse Facts Available.
    Comment 2: Whether the Adverse Inferences Made With Respect to 
Essar in the Preliminary Results of Review are Sufficiently Adverse.
    Comment 3: Whether Essar Under-Reported its Interest Expense.
    Comment 4: Whether the Department Should Increase Essar's U.S. 
Price by the Amount of Duty Drawback Claimed.
    Comment 5: Whether Essar Under-Reported its Electricity Expense.
    Comment 6: Ministerial Errors.

[FR Doc. 04-14620 Filed 6-25-04; 8:45 am]
BILLING CODE 3510-DS-P