[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Notices]
[Pages 66163-66165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19109]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-815]


Notice of Final Results of Antidumping Duty Changed Circumstances 
Review and Revocation of Order In Part: Certain Corrosion-Resistant 
Carbon Steel Flat Products from Germany

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 13, 2006, the U.S. Department of Commerce (``the 
Department'') published a notice of preliminary results of changed 
circumstances reviews with the intent to revoke, in part, the 
antidumping duty order on certain corrosion-resistant carbon steel flat 
products (``corrosion-resistant steel'') from Germany, as described 
below. See Preliminary Results of Antidumping Duty Changed 
Circumstances Reviews And Notice of Intent to Revoke Order in Part: 
Certain Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 
FR 60473 (October 13, 2006) (Preliminary Results). In our Preliminary 
Results, the Department invited interested parties to comment on the 
preliminary determination to exclude certain corrosion-resistant carbon 
steel flat products from Germany (``product in question''), as 
described below, from the scope of the order. The Department received 
no comments.
    Absent any comments, the Department concludes that producers 
accounting for substantially all of the production of the domestic like 
product to which this order pertains lack interest in the relief 
provided by this order with respect to the product in question because 
the domestic parties: (1) Made affirmative statements of no interest in 
the continuation of the order with respect to the product in question; 
and (2) did not comment on the Preliminary Results, in which the 
Department stated its intent to revoke the order with respect to that 
merchandise. Therefore, the Department concludes that it is appropriate 
to revoke this order, in part, with respect to unliquidated entries of 
the product in question that are not subject to the final results of an 
administrative review.

EFFECTIVE DATE: November 13, 2006.

FOR FURTHER INFORMATION CONTACT: Judy Lao or Richard Weible, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482- 
7924 or (202) 482-1103, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on corrosion-
resistant steel from Germany on August 19, 1993. See Notice of 
Antidumping Duty Order: Corrosion-Resistant Carbon Steel Flat Products 
from Germany, 58 FR 44170 (August 19, 1993). See also Final Results of 
Changed Circumstances Antidumping Duty and Countervailing Duty Reviews 
and Revocation of Orders in Part: Certain Corrosion-Resistant Carbon 
Steel Flat Products from Germany, 64 FR 51292 (September 22, 1999), and 
Final Results of Changed Circumstances Antidumping and Countervailing 
Duty Reviews and Revocation of Orders in Part: Certain Corrosion-
Resistant Carbon Steel Flat Products from Canada and Germany, 71 FR 
14498 (March 22, 2006).
    On August 17, 2006, ThyssenKrupp Steel North America, Inc. 
(``ThyssenKrupp''), a U.S. importer of the subject merchandise, 
requested a changed circumstances review to exclude from the 
antidumping duty order on corrosion-resistant steel from Germany 
imports meeting the following description: electrolytically zinc coated 
flat steel products, with a coating mass between 35 and 72 grams per 
meter squared on each side; with a thickness range of 0.67 mm or more 
but not more than 2.95 mm and width 817 mm or more but not over 1830 
mm; having the following chemical composition (percent by weight): 
carbon not over 0.08, silicon not over 0.25, manganese not over 0.9, 
phosphorous not over 0.025, sulfur not over 0.012, chromium not over 
0.1, titanium not over 0.005 and niobium not over 0.05; with a minimum 
yield strength of 310 Mpa and a minimum tensile strength of 390 Mpa; 
additionally coated on one or both sides with an organic coating 
containing not less than 30[percnt] and not more than 60[percnt] zinc 
and free of hexavalent chrome. See ThyssenKrupp letter to the 
Department dated August 17, 2006.\1\ In addition, Mittal Steel USA 
(``Mittal Steel''), a major domestic corrosion-resistant steel 
producer, submitted a letter to the Department expressing a lack of 
interest in continuing to have the product in question subject to this 
antidumping duty order.\2\ See Mittal Steel letter to the Department 
dated August 18, 2006.
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    \1\ DaimlerChrylser Corporation (``DaimlerChrysler''), a 
domestic customer of corrosion-resistant steel, also submitted 
letters to the Department pre-dating ThyssenKrupp's request, 
indicating that it had contacted United States Steel Corporation, 
Mittal Steel, AK Steel, and Nucor Corporation, (domestic interested 
parties) and determined they are not interested in maintaining the 
antidumping duty order with respect to the product in question. See 
Letters to the Department from DaimlerChrysler dated June 22, 2006, 
and July 18, 2006, respectively.
    \2\ On September 26, 2006, Mittal Steel submitted a letter to 
the Department clarifying minor discrepancies in its August 18, 
2006, submission regarding the product specifications of the product 
in question it is no longer interested in having covered by the 
antidumping duty order on corrosion-resistant steel from Germany.
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    In response to the request made by the ``interested party'' within 
the meaning of section 771(9) of the Tariff Act of 1930, as amended 
(``the Act''), ThyssenKrupp, and the expressed lack of interest from 
Mittal Steel, the Department published a notice of initiation of a 
changed circumstances review of the antidumping duty order on 
corrosion-resistant steel from Germany on September 12, 2006. See 
Initiation of Antidumping Duty Changed Circumstances Review: Certain 
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR 
53653 (September 12, 2006) (Initiation Notice). On September 27, 2006, 
ThyssenKrupp stated that the effective date for the exclusion should be 
August 1, 2005. In the Initiation Notice, the Department indicated that 
interested parties could submit comments for consideration in the 
Department's preliminary results no later than 15 days after 
publication of the initiation of this review. The Department did not 
receive comments from interested parties. Absent any comments, the 
Department

[[Page 66164]]

preliminarily concluded that producers accounting for substantially all 
of the production of the domestic like product to which these orders 
pertain lacked interest in the relief provided by these orders with 
respect to the product in question. See Preliminary Results, 71 FR 
60473 (October 13, 2006). The Department invited interested parties to 
comment on its preliminary determination to revoke the order, in part. 
The Department did not receive comments from any interested parties.

Scope of the Order

    The products covered by this order are corrosion-resistant carbon 
steel flat products from Germany. This scope includes flat-rolled 
carbon steel products, of rectangular shape, either clad, plated, or 
coated with corrosion-resistant metals such as zinc, aluminum, or zinc-
, aluminum-, nickel- or iron-based alloys, whether or not corrugated or 
painted, varnished or coated with plastics or other nonmetallic 
substances in addition to the metallic coating, in coils (whether or 
not in successively superimposed layers) and of a width of 0.5 inch or 
greater, or in straight lengths which, if of a thickness less than 4.75 
millimeters, are of a width of 0.5 inch or greater and which measures 
at least 10 times the thickness or if of a thickness of 4.75 
millimeters or more are of a width which exceeds 150 millimeters and 
measures at least twice the thickness, as currently classifiable in the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 
7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 
7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 
7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000, 
7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 
7217.90.5030, 7217.90.5060, 7217.90.5090. Included in this order are 
flat-rolled products of non-rectangular cross-section where such cross-
section is achieved subsequent to the rolling process (i.e., products 
which have been ``worked after rolling'') - for example, products which 
have been beveled or rounded at the edges. Excluded from this order are 
flat-rolled steel products either plated or coated with tin, lead, 
chromium, chromium oxides, both tin and lead (``terne plate''), or both 
chromium and chromium oxides (``tin-free steel''), whether or not 
painted, varnished or coated with plastics or other nonmetallic 
substances in addition to the metallic coating. Also excluded from this 
order are clad products in straight lengths of 0.1875 inch or more in 
composite thickness and of a width which exceeds 150 millimeters and 
measures at least twice the thickness. Also excluded from this order 
are certain clad stainless flat-rolled products, which are three-
layered corrosion-resistant carbon steel flat-rolled products less than 
4.75 millimeters in composite thickness that consist of a carbon steel 
flat-rolled product clad on both sides with stainless steel in a 
20[percnt]-60[percnt]-20[percnt] ratio. Also excluded from this order 
are deep-drawing carbon steel strip, roll-clad on both sides with 
aluminum (AlSi) foils in accordance with St3 LG as to EN 10139/10140. 
The merchandise's chemical composition encompasses a corrosion-
resistant material of U St 23 (continuous casting) in which carbon is 
less than 0.08; manganese is less than 0.30; phosphorous is less than 
0.20; sulfur is less than 0.015; aluminum is less than 0.01; and the 
cladding material is a minimum of 99[percnt] aluminum with silicon/
copper/iron of less than 1[percnt]. The products are in strips with 
thicknesses of 0.07mm to 4.0mm (inclusive) and widths of 5mm to 800mm 
(inclusive). The thickness ratio of aluminum on either side of steel 
may range from 3[percnt]/94[percnt]/3[percnt] to 10[percnt]/80[percnt]/
10[percnt]. Also excluded from this order is corrosion-resistant steel 
meeting the following description: certain flat-rolled wear plate 
ranging from 30 inches to 50 inches in width, from 45 inches to 110 
inches in length and from 0.187 inch to 0.875 inch in total thickness, 
having a layer on one side composed principally of a combination of 
boron carbides, chromium carbides, nickel carbides, silicon carbides, 
manganese carbides, niobium carbides, iron carbides, tungsten carbides, 
vanadium carbides, titanium carbides and/or molybdenum carbides fused 
to a non-alloy flat-rolled steel substrate. The carbides are in the 
form of MxCx where ``M'' stands for the metal and 
``x'' for the atomic ratio. An example of a common carbide would be 
(Cr7C3). The carbide layer is a visually distinct 
layer ranging in thickness from 0.062 inch to 0.312 inch with hardness 
at the surface of the carbide layer in excess of 55 HRC.
    As a result of this current changed circumstances review, also 
excluded from the scope of this order is certain corrosion-resistant 
carbon steel from Germany, meeting the following description: 
electrolytically zinc coated flat steel products, with a coating mass 
between 35 and 72 grams per meter squared on each side; with a 
thickness range of 0.67 mm or more but not more than 2.95 mm and width 
817 mm or more but not over 1830 mm; having the following chemical 
composition (percent by weight): carbon not over 0.08, silicon not over 
0.25, manganese not over 0.9, phosphorous not over 0.025, sulfur not 
over 0.012, chromium not over 0.1, titanium not over 0.005 and niobium 
not over 0.05; with a minimum yield strength of 310 Mpa and a minimum 
tensile strength of 390 Mpa; additionally coated on one or both sides 
with an organic coating containing not less than 30 percent and not 
more than 60 percent zinc and free of hexavalent chrome.
    The HTSUS item numbers are provided for convenience and Customs 
purposes. The written description remains dispositive.

Final Result of Review and Revocation of Antidumping Duty Order, In 
Part

    Pursuant to sections 751(d)(1) and 782(h)(2) of the Act, the 
Department may revoke an antidumping duty order based on a review under 
section 751(b) of the Act (i.e., a changed circumstances review). 
Section 751(b)(1) of the Act requires a changed circumstances review to 
be conducted upon receipt of a request which shows changed 
circumstances sufficient to warrant a review.
    In the instant review, based on the information provided by 
ThyssenKrupp and Mittal Steel, and the lack of comments from domestic 
interested parties, the Department preliminarily found that the 
continued relief provided by the order with respect to the product in 
question from Germany is no longer of interest to the domestic 
industry. We did not receive any comments on our Preliminary Results. 
Therefore, the Department is revoking the order on corrosion-resistant 
steel from Germany with regard to the products that meet the 
specifications detailed above.
    We will instruct U.S. Customs and Border Protection (CBP) to 
liquidate without regard to antidumping duties, and to refund any 
estimated antidumping duties collected on all unliquidated entries of 
the product in question that are not covered by the final results of an 
administrative review or automatic liquidation. The most recent period 
for which the Department has completed an administrative review, or 
ordered automatic liquidation, is August 1, 2004, through July 31, 
2005. Any prior entries are subject to either the final results of 
review or automatic liquidation. Therefore, we will instruct

[[Page 66165]]

CBP to liquidate, without regard to antidumping duties, shipments of 
corrosion-resistant steel meeting the specifications of the product in 
question entered, or withdrawn from warehouse, for consumption on or 
after August 1, 2005. We will also instruct CBP to pay interest on such 
refunds in accordance with section 778 of the Act and 19 CFR 
351.222(g)(4).
    This changed circumstance review, partial revocation of antidumping 
duty order, and notice are in accordance with sections 751(b) and (d), 
782(h) and 777(i)(1) of the Act and section 351.216(e) and 
351.222(g)(3)(vii) of the Department's regulations.

    Dated: November 6, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-19109 Filed 11-9-06; 8:45 am]
BILLING CODE 3510-DS-S