[Federal Register Volume 71, Number 135 (Friday, July 14, 2006)]
[Notices]
[Pages 40068-40069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11122]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


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

AGENCY: Import Administration, International Trade Administration, 
Department ofCommerce.
SUMMARY: After initiating a review of the antidumping duty order on 
certain hot-rolled carbon steel flat products from India covering the 
period December 1, 2004, through November 30, 2005, the sole 
respondent, Essar Steel Ltd., claimed it did not ship subject 
merchandise to the United States during the period of review (POR). 
Based on record evidence consistent with this claim, the Department of 
Commerce intends to rescind the instant administrative review.

EFFECTIVE DATE: July 14, 2006.

FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen or Howard Smith, AD/
CVD Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
2769 or (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 1, 2005, the Department of Commerce (the Department) 
published, in the Federal Register, a notice of the opportunity to 
request an administrative review of the antidumping duty order on 
certain hot-rolled carbon steel flat products (HRS) from India, 
covering the period December 1, 2004, through November 30, 2005. See 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity to Request Administrative Review, 70 FR 
72109 (December 1, 2005). On December 30, 2005 and January 3, 2006, 
Nucor Corporation and U.S. Steel Corporation (collectively, 
petitioners), respectively, requested an administrative review of the 
above-referenced antidumping order with respect to Essar Steel Ltd. 
(Essar). On February 1, 2006, the Department initiated the requested 
administrative review. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Request for Revocation in Part, 71 FR 
5241 (February 1, 2006). On February 10, 2006, Essar submitted a letter 
to the Department in which it certified that it made no shipments of 
subject merchandise to the United States during the POR.

Scope of the Order

    The products covered by the antidumping duty 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 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 the 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 the 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, 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

[[Page 40069]]

    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 the order unless otherwise 
excluded. The following products, by way of example, are outside or 
specifically excluded from the scope of the order:
     Alloy HRS 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 the 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, 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 
products covered by the 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 under review is dispositive.

Intent to Rescind the Administrative Review

    Pursuant to 19 CFR Sec.  351.213(d)(3), the Department may rescind 
an administrative review of a particular exporter or producer if it 
concludes, with respect to that exporter or producer, that there were 
no entries, exports, or sales of the subject merchandise, as the case 
may be, during the POR. After receiving Essar's ``no shipments'' claim, 
the Department examined Customs and Border Protection (CBP) entry data 
for the POR. These data support the conclusion that there were no 
entries, exports, or sales of subject merchandise from Essar during the 
POR. See memorandum to the file from Kavita Mohan dated July 7, 2006. 
Further, on March 23, 2006, the Department requested that CBP notify it 
within 10 days if CBP had evidence of exports of subject merchandise 
from Essar during the POR. CBP has not notified the Department of such 
exports. See the memorandum to the file from Jeff Pedersen dated March 
29, 2006. Therefore, in accordance with 19 CFR Sec.  351.213(d)(3), and 
consistent with our practice, we have preliminarily determined to 
rescind this review. See, e.g., Certain Steel Concrete Reinforcing Bars 
From Turkey; Final Results, Rescission of Antidumping Duty 
Administrative Review in Part, and Determination not to Revoke in Part, 
68 FR 53127 (September 9, 2003) (after finding no evidence of entries 
of subject merchandise from two companies that made ``no shipments'' 
claims, the Department stated that ``consistent with our practice, we 
are rescinding our review for Diler and Ekinciler''). If, however, 
Essar's subject merchandise did enter the United States during the POR 
by way of intermediaries, and this merchandise entered under CBP's 
antidumping case number for Essar, the Department will instruct CBP to 
liquidate such entries at the ``all-others'' rate in effect on the date 
of the entry. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

Public Comment

    Interested parties may submit case briefs and request a hearing 
within 30 days after the date of publication of this preliminary 
notice. See 19 CFR Sec.  351.309(c)(ii) and 19 CFR Sec.  351.310(c). 
Rebuttal briefs, limited to issues raised in case briefs, may be filed 
no later than five days after the time limit for filing the case brief. 
See 19 CFR Sec.  351.309(d). Any hearing requested will be held 44 days 
after the date of publication of this notice, or the first working day 
thereafter. 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. Unless the 
deadline for issuing the final results of review is extended, the 
Department will issue the final results of review, which will include 
the results of its analysis of issues raised in written comments, or at 
a hearing, 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 Sec.  351.213(d).

    Dated: July 7, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-11122 Filed 7-13-06; 8:45 am]
BILLING CODE 3510-DS-S