[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Pages 58683-58686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5540]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-828]


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

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

SUMMARY: On April 6, 2005, the U.S. Department of Commerce (``the 
Department'') published the preliminary results of administrative 
review of the antidumping duty order covering certain hot-rolled flat-
rolled carbon quality steel products from Brazil. See Certain Hot-
Rolled Flat-Rolled Carbon Quality Steel Products from Brazil: 
Preliminary Results of Antidumping Duty Administrative Review, 70 FR 
17406 (April 6, 2005) (``Preliminary Results''). The merchandise 
covered by this order is certain hot-rolled flat-rolled carbon quality 
steel from Brazil as described in the ``Scope of the Order'' section of 
this notice. The period of review (``POR'') is March 1, 2003, through 
February 29, 2004. We invited parties to comment on our Preliminary 
Results. Based on our analysis of the comments received, we made an 
adjustment to the window period for home market sales. We also made a 
correction to further manufacturing costs in the United States based 
upon verification findings. However, the final results do not 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: October 7, 2005.

FOR FURTHER INFORMATION CONTACT: Helen Kramer or Kristin Najdi at (202) 
482-0405 or (202) 482-8221, respectively; AD/CVD Operations, Office 7, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On April 6, 2005, the Department published in the Federal Register 
its preliminary results in this administrative review. On May 27, 2005, 
Nucor Corporation (``Nucor''), a domestic interested party in 
accordance with section 771(9)(C) of the Tariff Act of 1930, as amended 
(``the Act''), submitted comments. On June 3, 2005, we received a 
letter from Companhia Siderurgica Nacional (``CSN''), the foreign 
manufacturer and exporter of the subject merchandise in accordance with 
section 771(9)(A) of the Act, and Companhia Siderurgica Nacional, LLC 
(``CSN, LLC''), CSN's U.S. affiliate, responding to Nucor's comments. 
On July 7-8, 2005, the Department conducted a sales verification of 
CSN, LLC in Terre Haute, Indiana, followed by a cost verification on 
July 20-22, 2005. As stated in the Preliminary Results, the briefing 
schedule was extended due to these verifications. On August 24, 2005, 
we received a case brief from CSN and CSN, LLC, and on August 25, 2005, 
we received a case brief from Nucor. As per the Department's request, 
CSN and CSN, LLC resubmitted their case brief on August 26, 2005, 
incorporating revised bracketing. We received a rebuttal brief from CSN 
and CSN, LLC on August 29, 2005, and a rebuttal brief from Nucor on 
August 30, 2005. We asked Nucor to resubmit a revised rebuttal brief 
with corrected bracketing, which we received on September 2, 2005. No 
hearing was requested by the September 2, 2005, deadline given in the 
Department's August 15, 2005, memorandum advising parties of the 
briefing schedule. (See Memorandum to the File from Kristin Najdi, Case 
Analyst: Antidumping Administrative Review of Certain Hot-

[[Page 58684]]

Rolled Carbon Steel Flat Products from Brazil, Briefing Schedule--
Notification of Parties). No public hearing was held.
    On July 12, 2005, because it was not practicable to complete the 
final results of this review within the original time period, the 
Department published in the Federal Register a notice extending the 
time limit for completion of the final results of this administrative 
review in accordance with section 751(a)(3)(A) of the Act. See Notice 
of Extension of Time Limit for the Final Results of Antidumping Duty 
Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products 
from Brazil, 70 FR 39995 (July 12, 2005).

Scope of the Order

    For purposes of this order, the products covered are 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 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 
order.
    Specifically included in this scope 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 and/or niobium added 
to stabilize carbon and nitrogen elements. HSLA steels are recognized 
as steels with micro-alloying levels of elements such as chromium, 
copper, niobium, titanium, 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 the Harmonized Tariff Schedule of the United States 
(HTSUS) definitions, are products in which: (1) Iron predominates, by 
weight, over each of the other contained elements; (2) the carbon 
content is 2 percent or less, by weight; and (3) none of the elements 
listed below exceeds the quantity, by weight, respectively indicated: 
1.80 percent of manganese, or 1.50 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 0.012 percent of boron, or 0.10 
percent of molybdenum, or 0.10 percent of niobium, or 0.41 percent of 
titanium, 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 and/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, and A506).
--SAE/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 1.50 percent.
--ASTM specifications A710 and A736.
--USS Abrasion-resistant steels (USS AR 400, USS AR 500).
--Hot-rolled steel coil which meets the following chemical, physical 
and mechanical specifications:

                                                  [In percent]
----------------------------------------------------------------------------------------------------------------
      C           Mn (max)       P (max)       S (max)         Si            Cr            Cu         Ni (max)
----------------------------------------------------------------------------------------------------------------
0.10-0.14             0.90          0.025         0.005     0.30-0.50     0.30-0.50     0.20-0.40          0.20
----------------------------------------------------------------------------------------------------------------

    Width = 44.80 inches maximum; Thickness = 0.063-0.198 inches; Yield 
Strength = 50,000 ksi minimum; Tensile Strength = 70,000-88,000 psi.

--Hot-rolled steel coil which meets the following chemical, physical 
and mechanical specifications:

                                                                      [In percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
        C                Mn            P (max)          S (max)             Si               Cr            Cu (max)         Ni (max)         MO (max)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.10-0.16            0.70-0.90            0.025            0.006        0.30-0.50        0.30-0.50             0.25             0.20             .021
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; 
Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi 
Aim.

--Hot-rolled steel coil which meets the following chemical, physical 
and mechanical specifications:

                                                                      [In percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
       C              Mn            P (max)         S (max)           Si             Cr             Cu          Ni (max)     V (wt) (max)     cb (max)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.10-0.14          1.30-1.80           0.025           0.005      0.30-0.50      0.50-0.70      0.20-0.40           0.20           0.10           0.08
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; 
Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi 
Aim.

--Hot-rolled steel coil which meets the following chemical, physical 
and mechanical specifications.

[[Page 58685]]



                                                                      [In percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
   C (max)      Mn (max)       P (max)       S (max)      Si (max)      Cr (max)      Cu (max)      Ni (max)      Nb (min)         CA            AL
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.15                1.40         0.025         0.010          0.50          1.00          0.50          0.20         0.005       Treated     0.01-0.70
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield 
Strength = 70,000 psi minimum for thickness <= 0.148 inches and 65,000 
psi minimum for thicknesses > 0.148 inches; account for 64 FR 38650; 
Tensile Strength = 80,000 psi minimum.

--Hot-rolled dual phase steel, phase-hardened, primarily with a 
ferritic-martensitic microstructure, contains 0.9 percent up to and 
including 1.5 percent silicon by weight, further characterized by 
either (i) tensile strength between 540 N/mm \2\ and 640 N/mm \2\ and 
an elongation percentage >= 26 percent for thicknesses of 2 mm and 
above, or (ii) a tensile strength between 590 N/mm \2\ and 690 N/mm \2\ 
and an elongation percentage >= 25 percent for thicknesses of 2 mm and 
above.
--Hot-rolled bearing quality steel, SAE grade 1050, in coils, with an 
inclusion rating of 1.0 maximum per ASTM E 45, Method A, with excellent 
surface quality and chemistry restrictions as follows: 0.012 percent 
maximum phosphorus, 0.015 percent maximum sulfur, and 0.20 percent 
maximum residuals including 0.15 percent maximum chromium.
--Grade ASTM A570-50 hot-rolled steel sheet in coils or cut lengths, 
width of 74 inches (nominal, within ASTM tolerances), thickness of 11 
gauge (0.119 inch nominal), mill edge and skin passed, with a minimum 
copper content of 0.20%.

    The merchandise subject to this order 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, 7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 
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, 
7211.19.75.90, 7212.40.10.00, 7212.40.50.00, 7212.50.00.00. Certain 
hot-rolled flat-rolled carbon-quality steel 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. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise under this order 
is dispositive.

Analysis of Comments Received

    The issues raised in the case briefs by parties to this 
administrative review are addressed in the Issues and Decision 
Memorandum to Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, from Barbara E. Tillman, Acting Deputy Assistant 
Secretary (``Decision Memorandum''), which is hereby adopted by this 
notice. A list of the issues addressed in the Decision Memorandum is 
appended to this notice. The Decision Memorandum is on file in the 
Central Records Unit in Room B-099 of the main Commerce building, and 
can also be accessed directly on the Web at http://www.ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum 
are identical in content.

Change Since the Preliminary Results

    Based on our analysis of comments received, we made a correction to 
the window period for home market sales. We also made a correction to 
further manufacturing costs in the United States based upon 
verification findings. See the Decision Memorandum.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period of March 1, 2003, through 
February 29, 2004:

------------------------------------------------------------------------
                                                        Weighted-average
                Manufacturer/exporter                        margin
                                                          (percentage)
------------------------------------------------------------------------
Companhia Sider[uacute]rgica Nacional................               0.00
------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to section 751(a)(1)(B) of the Act and 19 
CFR 351.212(b). The Department calculated importer-specific duty 
assessment rates on the basis of the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
entered value of the examined sales for that importer. Where the 
assessment rate is above de minimis, we will instruct CBP to assess 
duties on all entries of subject merchandise produced by CSN. The 
Department will issue appropriate assessment instructions directly to 
CBP within 15 days of publication of these final results of review.

Cash Deposits

    The following deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of hot-rolled flat-rolled carbon-quality steel products from 
Brazil entered, or withdrawn from warehouse, for consumption on or 
after the publication date of these final results, as provided by 
section 751(a) of the Act: (1) For the company covered by this review, 
the cash deposit rate will be the rate listed above; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in the investigation, the cash deposit rate will 
continue to be the company-specific rate from the final determination; 
(3) if the exporter is not a firm covered in this review or the 
investigation, but the producer is, the cash deposit rate will be that 
established for the producer of the merchandise in these final results 
of review or in the final determination; and (4) if neither the 
exporter nor the producer is a firm covered in this review or the 
investigation, the cash deposit rate will be 42.12 percent, the ``All 
Others'' rate established in the less-than-fair-value investigation. 
These deposit requirements 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 58686]]

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 in the subsequent 
assessment of double antidumping duties. This notice also is the only 
reminder to parties subject to administrative protective order 
(``APO'') of their responsibility concerning the return or destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305. 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 the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 3, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Comment 1: Date of Sale
Comment 2: General and Administrative Expenses
Comment 3: Treatment of Non-Dumped Sales
Comment 4: Expand Cost Reporting Period to Cover the 90/60 Window 
Period
Comment 5: Window Period for Home Market Sales

 [FR Doc. E5-5540 Filed 10-6-05; 8:45 am]
BILLING CODE 3510-DS-P