[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Notices]
[Pages 40694-40696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11292]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


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

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

SUMMARY: On January 12, 2006, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on certain hot-rolled carbon steel 
flat products (HRS) from India. See Certain Hot-Rolled Carbon Steel 
Flat Products From India: Preliminary Results of Antidumping Duty 
Administrative Review, 71 FR 2018 (January 12, 2006) (Preliminary 
Results). This review covers one producer/exporter of HRS, Essar Steel 
Ltd. (Essar). The period of review (POR) is December 1, 2003, through 
November 30, 2004. Based on our analysis of the comments received, we 
made changes to the preliminary dumping margin calculation. Despite 
these changes, the calculated dumping margin for these final results 
does not differ from the dumping margin determined in 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: July 18, 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 January 12, 2006, the Department published the Preliminary 
Results in the Federal Register and invited interested parties to 
comment on those results. In response to the Department's invitation to 
comment on the Preliminary Results of this review, Essar and Nucor 
Corporation (Nucor), one of two petitioners, filed case briefs on 
February 22, 2006. Essar, Nucor and United States Steel Corporation 
(USSC), the other petitioner, filed rebuttal briefs on February 27, 
2006. At the Department's request, Nucor excluded certain factual 
information from its brief and rebuttal brief and resubmitted its 
briefs on March 17, 2006. On March 3, 2006, Essar withdrew its February 
10, 2006, request for a hearing.

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
    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.

[[Page 40695]]

     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.

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum to David M. Spooner, Assistant 
Secretary for Import Administration, from Stephen J. Claeys, Deputy 
Assistant Secretary for Import Administration, dated concurrently 
herewith (the Decision Memorandum), which is adopted herein, by 
reference. Attached, as an appendix to this notice, is a list of the 
comments the Department received from interested parties, all of which 
are discussed in the Decision Memorandum. The Decision Memorandum is on 
file in the Central Record Unit, Room B-099 of the Herbert C. Hoover 
Building, and may be accessed on the Web at http://ia.ita.doc.gov/frn/index.html.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we made the following 
changes in the comparison and margin calculation programs. For a full 
discussion of these changes, see the Decision Memorandum.

1. We corrected our ministerial error related to the addition to costs 
of credits granted under the Duty Entitlement Passbook Scheme.
2. We corrected ministerial errors related to increases of general and 
administrative (G&A) and interest expenses that were added in addition 
to increases of material costs by the Department under the major input 
rule.

Final Results of Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists for the period December 1, 2003, 
through November 30, 2004:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Essar Steel Limited.................................   0.00 (de minimis)
------------------------------------------------------------------------

Assessment

    The Department has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to 19 CFR Sec.  351.212(b). The Department calculated 
an importer-specific duty assessment rate 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. Where the 
importer-specific assessment rate is above de minimis, the Department 
will instruct CBP to assess the importer-specific rate uniformly on the 
entered value of all entries of subject merchandise by that importer. 
The Department will issue appropriate assessment instructions directly 
to CBP within 15 days of publication of the final results of review.
    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 companies 
included in these final results of review for which the reviewed 
companies did not know their 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 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).

Cash Deposits

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(1) of the Tariff Act of 1930, as amended (the Act). In the 
instant matter: (1) since the dumping margin for Essar is de minimis 
(less than 0.50 percent), no cash deposit will be required for Essar; 
(2) for previously investigated or reviewed companies not listed above, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the less-than-fair-value 
(LTFV) investigation, but the manufacturer is, the cash deposit rate 
will be the rate established for the most recent period for the 
manufacturer of the subject merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be the ``all 
others'' rate of 23.87 percent, which is the ``all others'' rate 
established in the LTFV investigation (38.72 percent), adjusted for the 
export subsidy rate in the companion countervailing duty investigation. 
These cash deposit rates, when imposed, shall remain in effect until 
publication of the final results of the next administrative review. See 
section 751(a)(2)(C) of the Act.

Notification to Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR Sec.  351.402(f)(2) 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

[[Page 40696]]

that reimbursement of the antidumping duties occurred and the 
concomitant assessment of double antidumping duties. This notice is 
also the only reminder to parties subject to the administrative 
protective order (APO) of their responsibility concerning the return or 
destruction of proprietary information disclosed under APO in 
accordance with 19 CFR Sec.  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.
    The Department is publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 11, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

List of Issues Discussed in the Issues and Decision Memorandum

Comment 1: Determining the Market Price of Electricity in Applying the 
Major Input Rule
Comment 2: Whether to Adjust U.S. Prices for Duties Imposed to Offset 
Export Subsidies
Comment 3: Whether to Recalculate Interest and General and 
Administrative Expenses After Applying the Major Input Rule
Comment 4: Adding Import Duties to Reported Costs
[FR Doc. E6-11292 Filed 7-17-06; 8:45 am]
BILLING CODE 3510-DS-S