[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Notices]
[Pages 60689-60691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17041]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


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

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

SUMMARY: After the Department of Commerce (the Department) initiated a 
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 (the period of review or POR), the sole 
respondent, Essar Steel Ltd. (Essar), claimed it did not ship subject 
merchandise to the United States during the POR. The Department is now 
rescinding this review based on record evidence consistent with Essar's 
no shipments claim.

EFFECTIVE DATE: October 16, 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 published, in the Federal 
Register, a notice of the opportunity to request an administrative 
review of the antidumping duty order on 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. 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.
    On July 14, 2006, the Department published notification of its 
intent to rescind the instant review in the Federal Register. See 
Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of 
Intent to Rescind Administrative Review, 71 FR 40068 (July 14, 2006) 
(Intent to Rescind). The Department stated in that notice that it 
intended to rescind the instant administrative review of Essar because 
U.S. Customs and Border Protection (CBP) data supported the conclusion 
that there were no entries, exports, or sales of subject merchandise 
from Essar. The Department provided interested parties an opportunity 
to comment on the rescission and received no comments.

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

[[Page 60690]]

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.
     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.

Rescission of Administrative Review

    In accordance with 19 CFR Sec.  351.213(d)(3), the Department may 
rescind an administrative review, in whole or with respect to a 
particular exporter or producer, if the Department concludes that, 
during the period covered by the review, there were no entries, 
exports, or sales of the subject merchandise. Because Essar was the 
only company for which a review was requested and it did not have any 
sales or exports of subject merchandise to the United States during the 
POR, we are rescinding this review pursuant to 19 CFR Sec.  
351.213(d)(3). 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''). Although Essar did 
not have any sales or exports of subject merchandise to the United 
States during the POR, its subject merchandise may have entered the 
United States during the POR under CBP's antidumping case number for 
Essar by way of intermediaries (without Essar's knowledge). Within 15 
days of publication of this notice, 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).

Administrative Protective Orders

    This notice serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR Sec.  351.305(a)(3). 
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 terms of an APO is a sanctionable 
violation.
    This notice is published in accordance with section 751(a)(1) of 
the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).


[[Page 60691]]


    Dated: October 6, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-17041 Filed 10-13-06; 8:45 am]
BILLING CODE 3510-DS-S