[Federal Register Volume 71, Number 59 (Tuesday, March 28, 2006)]
[Notices]
[Pages 15379-15380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4478]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-357-815)


Notice of Intent to Rescind Countervailing Duty Administrative 
Review: Certain Hot-Rolled Carbon Steel Flat Products from India

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 1, 2006, the Department of Commerce (the 
Department) initiated an administrative review of the countervailing 
duty order on certain hot-rolled carbon steel flat products (HRC) from 
India, covering the period January 1, 2005, through December 31, 2005, 
and one manufacturer/exporter of the subject merchandise, Essar Steel 
Limited (Essar). See Notice of Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 71 FR 5241 (February 1, 2006). The Department has 
preliminarily determined that the review should be rescinded due to 
Essar's lack of entries of subject merchandise during the period of 
review (POR).

EFFECTIVE DATE: March 28, 2006.

FOR FURTHER INFORMATION CONTACT: Preeti Tolani, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: 202-482-0395.

SUPPLEMENTARY INFORMATION:

Background

    On December 3, 2001, the Department published in the Federal 
Register the countervailing duty order on HRC from India. See Notice of 
Amended Final Determination and Notice of Countervailing Duty Orders: 
Certain Hot-Rolled Carbon Steel Flat Products from India and Indonesia, 
66 FR 60198 (December 3, 2001). On December 1, 2005, the Department 
published a notice of opportunity to request an administrative review 
of the countervailing duty order. See Notice of Opportunity to Request 
Administrative Review of Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation, 70 FR 72109 (December 1, 2005). In 
response to a request from United States Steel Corporation, petitioner, 
the Department initiated an administrative review of the countervailing 
duty order on HRC from India with respect to Essar. On February 16, 
2006, Essar requested that the Department rescind the administrative 
review with respect to Essar, asserting that they had made no shipments 
of subject merchandise to the United States during the POR. See letter 
from Arent Fox PLLC, on behalf of Essar, dated February 16, 2006, on 
file in the Central Records Unit (CRU).

Scope of Order

    The merchandise subject to this order 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 
order.
    Specifically included in 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 as silicon and 
aluminum.
    Steel products 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

[[Page 15380]]

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).
     SAE/AISI grades of series 2300 and higher.
     Ball bearings 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 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 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. 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 
order is dispositive.

Intent to Rescind Administrative Review

    In its February 16, 2006, request that the Department rescind the 
review, Essar asserted that it had made no shipments of subject 
merchandise during the POR. The petitioner did not comment on Essar's 
claim of no shipments. On February 27, 2006, the Department conducted a 
Customs query to ascertain whether there were any entries of the 
subject merchandise from Essar during the POR; the query showed that 
there were none. See Memorandum to the File from the Team regarding 
Customs Query dated March 15, 2006, the public version of which is on 
file in the CRU. Thus, the Department was able to confirm that Essar 
had no entries of subject merchandise during the POR.
    Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an 
administrative review if the Secretary concludes that during the POR, 
there were no entries, exports, or sales of the subject merchandise, as 
the case may be. See Certain Hot-Rolled Lead and Bismuth Carbon Steel 
Products From Germany: Notice of Termination of Countervailing Duty 
Administrative Review, 64 FR 44489 (August 16, 1999), and Final Results 
and Partial Rescission of Countervailing Duty Administrative Review: 
Stainless Steel Sheet and Strip From the Republic of Korea, 68 FR 13267 
(March 19, 2003). Therefore, because Essar had no entries of subject 
merchandise during the POR, consistent with the regulation and our 
practice, we preliminarily determine to rescind this review.

Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this preliminary notice. See 19 CFR 
351.309(c)(ii). Rebuttal briefs, limited to issues raised in such 
briefs, may be filed no later than five days after the time limit for 
filing the case brief. See 19 CFR 351.309(d). Parties who submit 
arguments are requested to submit with the argument (1) A statement of 
the issue, (2) a brief summary of the argument, and (3) a table of 
authorities. Further, parties submitting written comments should 
provide the Department with an additional copy of the public version of 
any such comments on diskette. An interested party may request a 
hearing within 30 days of publication of this preliminary notice. See 
19 CFR 351.310(c). Any hearing, if requested, will be held 44 days 
after the date of publication, or the first working day thereafter. The 
Department will issue the final notice, which will include the results 
of its analysis of issues raised in any such comments, or at a hearing, 
if requested, within 120 days of publication of this preliminary 
notice.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d).

    Dated: March 22, 2006.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-4478 Filed 3-27-06; 8:45 am]
BILLING CODE 3510-DS-S