[Federal Register Volume 71, Number 134 (Thursday, July 13, 2006)]
[Notices]
[Pages 39658-39659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11058]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-351-828


Notice of Rescission of Antidumping Duty Administrative Review: 
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Products from 
Brazil

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from a domestic interested party, 
Nucor Corporation (Nucor), the Department of Commerce (the Department) 
initiated an administrative review of the antidumping duty order on 
certain hot-rolled carbon steel flat products (hot-rolled steel) from 
Brazil. This review covers two manufacturer/exporters of the subject 
merchandise, Companhia Siderurgica Nacional (CSN) and Companhia 
Siderurgica de Tubarao (CST). The Department is now rescinding this 
review based on record evidence indicating that the respondents had no 
entries of subject merchandise during the period of review (POR). The 
POR is March 1, 2005, through February 28, 2006.

EFFECTIVE DATE: July 13, 2006.

FOR FURTHER INFORMATION CONTACT: Helen Kramer or David Kurt Kraus, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482 0405 
or (202) 482-7871, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 12, 2002, the Department published the antidumping duty 
order on hot-rolled steel from Brazil. See Notice of Antidumping Duty 
Order and of Sales at Less Than Fair Value: Certain Hot-Rolled Flat-
Rolled Carbon Quality Steel Products from Brazil, 67 FR 11093 (March 
12, 2002). On March 2, 2006, the Department published in the Federal 
Register a notice of opportunity to request administrative reviews. See 
Antidumping and Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity to Request Administrative Review, 71 FR 
10642 (March 2, 2006). On March 31, 2006, Nucor Corporation requested 
that the Department conduct an administrative review of sales of hot-
rolled steel produced and exported by CSN and CST.
    On April 28, 2006, the Department published a notice of initiation 
of this administrative review. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
in Part, 71 FR 25145 (April 28, 2006). On May 4 and 17, 2006, 
respectively, CSN and CST submitted no-shipment certification letters 
to the Department indicating that they had no U.S. sales or entries of 
hot-rolled steel during the POR and requesting rescission of the 
administrative review.
    On June 5, 2006, the Department solicited comments from Wiley Rein 
& Fielding LLP, counsel for Nucor Corporation, stating the Department's 
intention to rescind the review with respect to CSN and CST. The 
Department requested that any comments regarding the intention to 
rescind be submitted by June 12, 2006. We received no comments.

Period of Review

    The POR is March 1, 2005, through February 28, 2006.

Scope of the Order

    For purposes of this order, the products covered are certain hot-
rolled flat-rolled carbon-quality steel products, meeting the physical 
parameters described below, regardless of application.
    The hot-rolled flat-rolled carbon-quality steel products subject to 
this review are of a rectangular shape, of a width of 0.5 inch of 
greater, neither clad, plated, nor coated with metal and whether or not 
painted, varnished, or coated with plastics of other non-

[[Page 39659]]

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. Specifically included in this scope are vacuum 
degassed, fully stabilized (IF) steels, high strength low alloy (HSLA) 
steels, and the substrate for motor lamination steels. Steel products 
to be included in the scope of this agreement, regardless of 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 of less, by weight; and (3) none of the elements listed below 
exceeds certain specified quantities.
    The merchandise subject to the order is currently classifiable 
under 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, and 7212.50.00.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Certain hot-
rolled flat-rolled carbon-quality steel covered by this agreement, 
including vacuum degassed and fully stabilized, high strength low 
alloy, and the substrate for motor lamination steel may also enter 
under 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 CBP 
purposes, the written description of the scope of the order is 
dispositive.

Rescission of Review

    On May 4 and May 17, 2006, respectively, both CSN and CST informed 
the Department that they did not ship hot-rolled steel to the United 
States during the POR, and requested that we rescind the administrative 
review. On June 2, 2006, the Department conducted an internal customs 
data query using the Customs and Border Protection's (CBP) Automated 
Commercial System (ACS). On June 5, 2006, the Department invited Wiley 
Rein & Fielding LLP, counsel for Nucor, to submit comments regarding 
the Department's intention to rescind the review with regard to CSN and 
CST. Furthermore, we sent a no-shipments inquiry to CBP on June 16, 
2006.
    The Department did not receive comments from Wiley Rein & Fielding 
LLP regarding our intention to rescind the review with regard to CSN 
and CST. Additionally, the Department found no entries from either CSN 
or CST based on our internal customs query and our no-shipments inquiry 
sent to CBP. Accordingly, the Department has found no evidence that CSN 
or CST had any entries of hot-rolled steel during the POR. Therefore, 
we are rescinding this administrative review.
    Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an 
administrative review, in whole or with respect to a particular 
exporter or producer, if the Secretary concludes that, during the 
period covered by the review, there were no entries, exports, or sales 
of the subject merchandise. Because the evidence on the record shows 
that there were no entries of hot-rolled steel made by CSN or CST 
during the POR, the Department is rescinding this review in accordance 
with 19 CFR 351.213(d)(3). The Department will issue appropriate 
assessment instructions to CBP within 15 days of publication of this 
notice.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: July 6, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-11058 Filed 7-12-06; 8:45 am]
BILLING CODE 3510-DS-S