[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Notices]
[Pages 28676-28678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9815]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-807]


Certain Hot-Rolled Carbon Steel Flat Products from the 
Netherlands; Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 11, 2006, we published in the Federal Register the 
preliminary results of this administrative review. See Certain Hot-
Rolled Carbon Steel Flat Products from the Netherlands; Preliminary 
Results of Antidumping Duty Administrative Review, 71 FR 71523 
(December 11, 2006) (Preliminary Results). This review covers imports 
of subject merchandise from Corus Staal BV (Corus Staal) to the United 
States during the period November 1, 2004, to October 31, 2005. Based 
on our analysis of the comments received, we have made changes to the 
margin calculation. However, the final results do not differ from 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: May 22, 2007.

FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James, 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-
0409 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 11, 2006, we published in the Federal Register the 
preliminary results of this administrative review. See Preliminary 
Results. In response to the Department's invitation to comment on the 
preliminary results of this review, Corus (respondent) and domestic 
interested party Mittal Steel USA Inc. (Mittal Steel) filed case briefs 
on January 17, 2007. Corus, Mittal Steel and petitioner United States 
Steel Corporation (U.S. Steel) submitted rebuttal briefs on January 24, 
2007, and on January 25, 2007, domestic interested party Nucor 
Corporation (Nucor) filed a rebuttal brief. On March 23, 2007, the 
Department extended the final results by 35 days. See Certain Hot-
Rolled Carbon Steel Flat Products from the Netherlands; Antidumping 
Duty Administrative Review; Extension of Time Limit, 72 FR 13744 (March 
23, 2007).
    On May 4, 2007, Corus submitted a request for the Department to 
rescind the review in light of the Department 's Final Results for the 
Section 129 Determination: Certain Hot-rolled Carbon Steel from the 
Netherlands (April 9, 2007) and the U.S. Trade Representative's 
instructions to the Department to implement those findings under 
Section 129 of the Uruguay Round Agreements Act. See Implementation of 
the Findings of the WTO Panel in US-Zeroing (EC): Notice of 
Determinations under Section 129 of the Uruguay Agreements Act and 
Revocations and Partial Revocations of Certain Antidumping Duty Orders, 
72 FR 25, 261 (May 4, 2007). On May 11, 2007, Mittal Steel and Nucor 
submitted responses to Corus Staal's request. The request for 
rescission is well past the deadline for such requests and furthermore 
Corus Staal itself did not request the review, thus making it 
ineligible to request rescission. See 19 CFR 351.213(d)(1). Corus' 
arguments regarding the section 129 determination are addressed in the 
Issues and Decisions Memorandum, (Decision Memorandum) which 
accompanies this Notice, at issue 4.

Period of Review

    The period of review (POR) is November 1, 2004, to October 31, 
2005.

Scope of the Order

    For purposes of this order, the products covered 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 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 silicon and 
aluminum.
    Steel products to be included in the scope of this order, 
regardless of definitions in the Harmonized Tariff Schedule of the 
United States (HTS), 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

[[Page 28677]]

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).
     Society of Automotive Engineers (SAE)/American Iron and 
Steel Institute (AISI) grades of series 2300 and higher.
     Ball bearings steels, as defined in the HTS.
     Tool steels, as defined in the HTS.
     Silico-manganese (as defined in the HTS) 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 HTS.
    The merchandise subject to this order is classified in the HTS 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 
steel flat products 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 HTS 
subheadings are provided for convenience and U.S. Customs purposes, the 
written description of the scope of this order is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Decision Memorandum 
from Stephen J. Claeys, Deputy Assistant Secretary for AD/CVD 
Operations, to David M. Spooner, Assistant Secretary for Import 
Administration, dated May 15, 2007, which is hereby adopted by this 
notice. A list of the issues which parties have raised and to which we 
have responded, all of which are in the Decision Memorandum, is 
attached to this notice as an appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum, which is on file in the 
Central Records Unit, room B-099 of the main Department building. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly via the Internet at www.ia.ita.doc.gov. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Duty Absorption

    In the Preliminary Results, the Department found that Corus Staal 
absorbed antidumping duties on all U.S. sales in accordance with 
section 751(a)(4) of the Tariff Act of 1930, as amended (the Tariff 
Act). Corus Staal has failed to provide evidence that the unaffiliated 
customers in the United States will pay the full duty ultimately 
assessed on the subject merchandise. See Comment 6 of the Issues and 
Decisions Memorandum. Thus, for the final results of this review, we 
continue to find that Corus Staal absorbed antidumping duties.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made the 
following changes to the margin calculation:
     We corrected a clerical error that erroneously compared 
U.S. control numbers to comparison market product codes.
     We corrected a clerical error involving the CEP profit 
rate.
These changes are discussed in the relevant sections of the Decision 
Memorandum.

Final Results of Review

    We determine that the following weighted-average percentage margin 
exists for the period November 1, 2004, to October 31, 2005:

------------------------------------------------------------------------
                                                       Weighted Average
               Manufacturer/Exporter                 Margin (percentage)
------------------------------------------------------------------------
Corus Staal BV.....................................                 2.52
------------------------------------------------------------------------

Assessment

    The Department shall determine, and the CBP shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b)(1), we have calculated importer-specific assessment 
rates for the merchandise based on the ratio of the total amount of 
antidumping duties calculated for the examined sales made during the 
POR to the total customs value of the sales used to calculate those 
duties. The Department will issue appropriate ad valorem assessment 
instructions directly to CBP 15 days after publication of these final 
results of review. We will direct CBP to assess the resulting 
assessment rate against the entered customs values for the subject 
merchandise on each of the importer's entries during the POR.

Cash Deposit Requirements

    On May 4, 2007, the Department published a FR notice that, inter 
alia, revoked this order, effective April 23, 2007. See Implementation 
of the Findings of the WTO Panel in US - Zeroing (EC): Notice of 
Determinations Under Section 129 of the Uruguay Round Agreements Act 
and Revocations and Partial Revocations of Certain Antidumping Duty 
Orders, 72 FR 25,261 (May 4,2007). Therefore, there is no need to issue 
new cash deposit instructions for this administrative review.

Notification to Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 C.F.R. 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 that reimbursement of the antidumping duties occurred and 
the subsequent assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information

[[Page 28678]]

disclosed under APO in accordance with 19 C.F.R. Sec.  351.305, that 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
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 determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 15, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix - Issues in Decision Memorandum

1. Simplified Reporting and Further-Manufactured Imports
2. G&A expenses
3. Constructed Export Price (CEP) Profit Rate
4. Offsetting Dumped Sales with Non-Dumped Sales
5. Classification of JIT Deliveries as CEP Sales
6. Duty Absorption
7. Warranty Expenses
8. Clerical Errors
[FR Doc. E7-9815 Filed 5-21-07; 8:45 am]
BILLING CODE 3510-DS-S