[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Notices]
[Pages 18366-18368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1657]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-421-807)


Certain Hot-Rolled Carbon Steel Flat Products from the 
Netherlands; Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 3, 2004, 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 from the Netherlands. See Certain Hot-Rolled Carbon Steel 
Flat Products from the Netherlands; Preliminary Results of Antidumping 
Duty Administrative Review, 69 FR 70226 (December 3, 2004) (Preliminary 
Results). This review covers imports of subject merchandise from Corus 
Staal BV (Corus Staal) to the United States during the period November 
1, 2002, to October 31, 2003. Based on our analysis of the comments 
received, we have made changes to the margin calculation. Therefore, 
the final results differ from the preliminary results. The final 
weighted-average dumping margin for the reviewed firm is listed below 
in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: April 11, 2005.

FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
0409 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 3, 2004, the Department published in the Federal 
Register the

[[Page 18367]]

Preliminary Results of the administrative review of the antidumping 
duty order on certain hot-rolled carbon steel flat products from the 
Netherlands for the period November 1, 2002 to October 31, 2003. In 
response to the Department's invitation to comment on the preliminary 
results of this review, Corus (respondent) and United States Steel 
Corporation (USSC) (petitioner) filed their case briefs on January 19, 
2005.\1\ USSC submitted a rebuttal brief on January 28, 2005. The 
deadline for the final results of the review is April 2, 2005. Because 
this date falls on a Saturday, i.e., a non-business day, the signature 
date for these final results is April 4, 2005.
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    \1\ Corus and USSC were unable to deliver the case briefs on 
January 18, 2005, when they were originally due, because of an 
unforseen external event that prevented access to the Department. As 
a result, the Department granted a one-day extension to both 
companies.
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Period of Review

    The period of review (POR) is November 1, 2002, to October 31, 
2003.

Scope of the 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 the 
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 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 (HTS), 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., ASTM 
specifications A543, A387, A514, A517, A506).
     Society of Automotive Engineers (SAE)/American Iron and 
Steel Institute (AISI) grades of series 2300 and higher.
     Ball bearings steels, as defined in the HTS.
     Tool steels, as defined in the HTS.
     Silico-manganese (as defined in the HTS) 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 HTS.
    The merchandise subject to this order is classified in the HTS 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 
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 HTS 
subheadings are provided for convenience and U.S. Customs purposes, the 
written description of the scope of this order is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memorandum) from Barbara E. Tillman, Acting 
Deputy Assistant Secretary Operations, to Joseph A. Spetrini, Acting 
Assistant Secretary for Import Administration, dated April 4, 2004, 
which is hereby adopted by this notice. A list of the 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 an appendix. 
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, room B-099 of the main 
Department building. In addition, a complete version of the Decision 
Memorandum can be accessed directly via the Internet at 
www.ia.ita.doc.gov. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made the

[[Page 18368]]

following changes to the margin calculation:
     We revised the U.S. warehousing expenses and inventory 
carrying costs reported by Corus for its JIT sales. We based the 
calculation on the transaction-specific number of inventory carrying 
days rather than the reported order-wide average number of inventory 
carrying days .
     We corrected a clerical error involving adjustments to 
U.S. expenses incurred in euros.
     We have amended our draft liquidation instructions to 
correct a clerical error concerning shipments produced by Corus, and 
imported by other importers.
    These changes are discussed in the relevant sections of the 
Decision Memorandum.

Final Results of Review

    We determine that the following weighted-average percentage margin 
exists for the period November 1, 2002, to October 31, 2003:

------------------------------------------------------------------------
                                                       Weighted Average
               Manufacturer / Exporter                      Margin
                                                         (percentage)
------------------------------------------------------------------------
Corus Staal BV......................................                4.42
------------------------------------------------------------------------

Assessment

    The Department shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries. Thus, in accordance with 19 C.F.R. Sec.  351.212(b)(1), we 
will calculate an importer-specific ad valorem assessment rate for 
merchandise based on the ratio of the total amount of antidumping 
duties calculated for the examined sales made during the POR to the 
total customs value of the sales used to calculate those duties. Where 
the importer-specific assessment rate is above de minimis, we will 
instruct CBP to assess duties on all appropriate entries of subject 
merchandise by that importer. This rate will be assessed uniformly on 
all entries of that particular importer made during the period of 
review. The Department will issue appropriate assessment instructions 
directly to CBP within 15 days of publication of the final results of 
review.

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 Tariff Act: (1) the 
cash deposit rate for the reviewed company will be the rate listed 
above; (2) for previously-reviewed producers and exporters, the cash 
deposit rate will be the company-specific rate established for the most 
recent period for which they were reviewed; (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 2.59 percent, which is the ``All Others'' rate 
established in the LTFV investigation. See Notice of Amended Final 
Determination of Sales at Less Than Fair Value; Certain Hot-Rolled 
Carbon Steel Flat Products From The Netherlands, 66 FR 55637 (November 
2, 2001). These deposit requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review.

Notification to Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 C.F.R. Sec.  351.402(f)(2) to file a 
certificate regarding the reimbursement of antidumping 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 occurred and 
the subsequent assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 C.F.R. Sec.  351.305, that continues to 
govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or 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 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 4, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix

Issues in Decision Memorandum

1. Treatment of non-dumped sales
2. Classification of JIT sales as CEP
3. Inventory period of JIT sales
4. Clerical error related to invoice currency field
5. Liquidation instructions

[FR Doc. E5-1657 Filed 4-8-05; 8:45 am]
BILLING CODE 3510-22-S