[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Notices]
[Pages 40699-40700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11371]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-821]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 28, 2006, the Department of Commerce (``the 
Department'') published a notice of intent to rescind the 
administrative review of the countervailing duty order on certain hot-
rolled carbon steel flat products from India. The review covers Essar 
Steel, Ltd. (``Essar''). The period of review (``POR'') is January 1, 
2005, through December 31, 2005. The Department received no comments 
concerning the intent to rescind; therefore, we are rescinding the 
administrative review. We have found that, during the POR, Essar made 
no shipments of subject merchandise to the United States during the 
POR.

EFFECTIVE DATE: July 18, 2006.

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

SUPPLEMENTARY INFORMATION:

Background

    On March 28, 2006, the Department published a notice of intent to 
rescind the administrative review of the countervailing duty order on 
certain hot-rolled carbon steel flat products from India. See Notice of 
Intent to Rescind Countervailing Duty Administrative Review: Certain 
Hot-Rolled Carbon Steel Flat Products from India, 71 FR 15379 (March 
28, 2006)(``Intent to Rescind''). On April 20, 2006, the Department 
published a correction to the notice of intent to rescind. See Notice 
of Correction to Notice of Intent to Rescind Countervailing Duty 
Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products 
from India, 71 FR 20390 (April 20, 2006). We invited interested parties 
to comment on the Intent to Rescind. We received no comments.

Scope of Review

    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 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

[[Page 40700]]

    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.

Rescission of Administrative Review

    On February 16, 2006, Essar asserted that it had made no shipments 
of subject merchandise during the POR and requested that the Department 
rescind the review. 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 the March 15, 2006, Memorandum to the File from the Team 
regarding Customs Query, the public version of which is on file in the 
Central Records Unit (``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 determine to rescind this review.

Cash Deposit Requirements

    We will instruct CBP to continue to collect cash deposits for Essar 
at the rate set forth in the most recently completed administrative 
review.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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.
    This administrative review and this notice are issued and published 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 11, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-11371 Filed 7-17-06; 8:45 am]
BILLING CODE 3510-DS-S