[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Notices]
[Pages 30656-30658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8278]



[[Page 30656]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-485-806]


Certain Hot-Rolled Carbon Steel Flat Products from Romania: Final 
Results of Antidumping Duty Administrative Review and Rescission in 
Part of Administrative Review

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

SUMMARY: On December 8, 2005, the Department of Commerce published the 
preliminary results of the antidumping duty administrative review of 
certain hot-rolled carbon steel flat products from Romania. This review 
initially covered two manufacturers/exporters of the subject 
merchandise, Mittal Steel Galati S.A. and Metalexport Import, S.A. The 
period of review is November 1, 2003, through October 31, 2004. Based 
on our analysis of comments received, we have made changes in the 
margin calculation for Mittal Steel Galati S.A. Therefore, these final 
results differ from the preliminary results. The final results are 
listed below in the ``Final Results of Review'' section. We are also 
rescinding the review with respect to Metalexport Import S.A. because 
this firm had no entries, exports, or sales of the subject merchandise 
during this period of review.

EFFECTIVE DATE: May 30, 2006.

FOR FURTHER INFORMATION CONTACT: Dave Dirstine or Dunyako Ahmadu, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4033 and (202) 482-0198, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 8, 2005, the Department of Commerce (the Department) 
published the preliminary results of the antidumping duty 
administrative review of certain hot-rolled carbon steel flat products 
from Romania (Certain Hot-Rolled Carbon Steel Flat Products From 
Romania: Preliminary Results of the Antidumping Duty Administrative 
Review and Notice of Intent to Rescind in Part, 70 FR 72984 (Dec. 8, 
2005) (Preliminary Results)). We had initiated reviews of two 
manufacturers/exporters, Mittal Steel Galati S.A. (MS Galati) and 
Metalexport Import S.A. (MEI).
    We invited parties to comment on our preliminary results of review. 
MS Galati and domestic interested parties, United States Steel 
Corporation and Nucor Corporation, filed case briefs on January 17, 
2006, and rebuttal briefs on January 30, 2006. Further, in response to 
our February 27, 2006, request MS Galati filed a supplemental 
questionnaire response dated March 8, 2006, to which USSC filed 
comments on March 17, 2006.
    On March 29, 2006, the Department published in the Federal Register 
a notice extending the due date for the final results of the 
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from Romania until no later than May 
22, 2006 (Notice of Extension of Time Limit for the Final Results of 
Antidumping Duty Administrative Review: Certain Hot-Rolled Carbon Steel 
Flat Products from Romania, 71 FR 15696 (Mar. 29, 2006)).

Scope of the Order

    The products covered by the 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 length, 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 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, 2.25 percent of silicon, 1.00 percent of 
copper, 0.50 percent of aluminum, 1.25 percent of chromium, 0.30 
percent of cobalt, 0.40 percent of lead, 1.25 percent of nickel, 0.30 
percent of tungsten, 0.10 percent of molybdenum, 0.10 percent of 
niobium, 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., 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 order is classified in the HTSUS at 
the following 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

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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 HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise subject to 
this proceeding is dispositive.

Rescission of the Review in Part

    In the Preliminary Results, we stated our intent to rescind the 
administrative review with respect to MEI which reported no entries, 
exports, or sales of merchandise subject to this review. See 
Preliminary Results, 70 FR at 72985. Because we continue to find no 
evidence of sales to the United States by MEI during the period of 
review, we are rescinding the review with respect to this firm. See 19 
CFR 351.213(d)(3).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the ``Issues and Decision Memorandum'' 
(Decision Memo) from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration, to David M. Spooner, Assistant Secretary for 
Import Administration, dated May 22, 2006, which is hereby adopted by 
this notice. A list of the issues which the parties have raised and to 
which we have responded is attached to this notice as an appendix. 
Parties can find a complete discussion of all issues raised in this 
review and corresponding recommendations in this public memorandum 
which is on file in Import Administration's Central Records Unit, Room 
B-099 of the main Department building. In addition, a complete version 
of the Decision Memo is available on the Internet at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of 
the Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made 
methodological changes to our calculations as reflected in the Decision 
Memo. These changes are discussed in the Final Results Analysis 
Memorandum from the case analyst to the File dated May 22, 2006.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average percentage margin exists for the period November 1, 
2003, through October 31, 2004:

------------------------------------------------------------------------
                 Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Mittal Steel Galati S.A...............................              1.59
------------------------------------------------------------------------

Assessment Rate

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212(b)(1). Also, in accordance 
with 19 CFR 351.212(b)(1), we have calculated an importer-specific 
assessment rate. For the sales in the United States through the 
respondent's affiliated U.S. party, we divided the total dumping margin 
for the reviewed sales by the total entered value of those reviewed 
sales. We will direct CBP to assess the resulting percentage margin 
against the entered customs values for the subject merchandise on each 
of the entries during the review period consistent with 19 CFR 
351.212(b)(1).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period of review produced by the company 
included in these final results of review for which the reviewed 
company did not know its merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). We will 
issue appropriate assessment instructions directly to CBP within 15 
days of publication of these final results of review.

Cash-Deposit Requirements

    The following deposit requirements will be effective 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) 
of the Tariff Act of 1930, as amended (the Act): (1) the cash-deposit 
rate for MS Galati will be 1.59 percent; (2) for merchandise exported 
by manufacturers or exporters not covered in this review but covered in 
a previous segment of this proceeding, the cash-deposit rate will 
continue to be the company-specific rate published in the prior segment 
of the proceeding in which that manufacturer or exporter participated; 
(3) if the exporter is not a firm covered in this review or in any 
previous segment of this proceeding but the manufacturer is, the cash-
deposit rate will be that established for the manufacturer of the 
merchandise in these final results of review or in the most recent 
segment of the proceeding in which that manufacturer participated; and 
(4) if neither the exporter nor the manufacturer is a firm covered in 
this or any previous review conducted by the Department, the cash-
deposit rate will be the ``All Others'' rate made effective on June 14, 
2005, which is 17.84 percent. See Certain Hot-Rolled Carbon Steel Flat 
Products From Romania: Final Results of Antidumping Duty Administrative 
Review, 70 FR 34448, 34450 (June 14, 2005). These deposit requirements 
shall remain in effect until publication of the final results of the 
next administrative review.

Notification

    This notice also serves as the 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 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 serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.


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    Dated: May 22, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

Comment 1: U.S. Indirect Selling Expense - Treatment of Bonus Expenses
Comment 2: U.S. Indirect Selling Expense - Treatment of Sales-Agency 
Fees
Comment 3: U.S. Indirect Selling Expense - Treatment of Bad-Debt 
Expenses
Comment 4: U.S. Indirect Selling Expense - Treatment of Sidex Trading's 
Expenses
Comment 5: U.S. Indirect Selling Expense - Treatment of Interest 
Expenses
Comment 6: U.S. Indirect Selling Expense - Treatment of Corporate 
Expenses
Comment 7: U.S. Date of Sale
Comment 8: U.S. Credit Expense
Comment 9: Universe of Sales in the United States
Comment 10: Exchange Rates
[FR Doc. E6-8278 Filed 5-26-06; 8:45 am]
BILLING CODE 3510-DS-S