[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Notices]
[Pages 35220-35222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12435]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-807]


Certain Hot-Rolled Carbon Steel Flat Products from the 
Netherlands; Final Results of the Sunset Review of Antidumping Duty 
Order and Revocation of the Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 16, 2007, the Department of Commerce (``the 
Department'') published a notice of preliminary results of the full 
sunset review of the antidumping duty order on certain hot-rolled 
carbon steel flat products from the Netherlands pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``the Act''). Since the 
publication of the preliminary results, the order has been revoked. 
Consequently, in the absence of an order currently in force, the 
Department cannot make a finding that revocation of the antidumping 
duty order would likely lead to the continuation or recurrence of 
dumping.

EFFECTIVE DATE: June 27, 2007.

FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW. Washington, DC, 20230; telephone: 202-482-1131 and 202-482-
0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping dumping duty order in the 
Federal Register on November 29, 2001. See Antidumping Duty Order: 
Certain Hot-Rolled Carbon Steel Flat Products From the Netherlands, 66 
FR 59565 (November 29, 2001). On February 16, 2007, the Department 
published a notice of preliminary results of the full sunset review of 
the antidumping duty order on certain hot-rolled carbon steel flat 
products from the Netherlands pursuant to section 751(c) of the Act. 
See Certain Hot-Rolled Carbon Steel Flat Products from the Netherlands; 
Preliminary Results of the Sunset Review of Antidumping Duty Order, 72 
FR 7604 (February 16, 2007) (``Preliminary Results''). We provided 
interested parties an opportunity to comment on our preliminary 
results. The Department received a case brief from Corus Staal BV 
(``Corus Staal'') on April 16, 2007, and rebuttal briefs from United 
States

[[Page 35221]]

Steel Corporation, Mittal Steel USA Inc., and Nucor Corporation on 
April 27, 2007. A hearing was not held because none was requested.
    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 (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 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 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 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 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 7226.99.01.80. 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 U.S. Customs purposes, the 
written description of the scope of this order is dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are referenced in the 
``Issues and Decision Memorandum for the Sunset Review of the 
Antidumping Duty Order on Certain Hot-Rolled Carbon Steel Flat Products 
from the Netherlands; Final Results,'' to David M. Spooner, Assistant 
Secretary for Import Administration, dated June 20, 2007 (``Decision 
Memorandum''), which is hereby adopted by this notice. A list of the 
issues which parties have raised, all of which are in the Decision 
Memorandum, is attached to this notice as an appendix. Parties can find 
this memorandum 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.

Final Results of Review

    Section 751(d)(2) of the Act requires the Department in a sunset 
review to ``revoke...an antidumping duty order or 
finding,...unless...{it{time}  makes a determination that 
dumping...would be likely to continue or recur....'' Thus, the finding 
of likelihood is contingent upon an analysis of what would happen if an 
order is revoked. This presumes the existence of an antidumping duty 
order currently in force, which is manifestly not the case here. 
Consequently, in the absence of an order currently in force, the 
Department cannot make a finding that it is likely that dumping will 
continue or recur if the order is revoked. Consistent with 19 CFR 
351.222(i)(2)(i), this revocation will be effective November 29, 2006, 
the fifth anniversary of the date of publication of the order.
    We will notify the U.S. International Trade Commission (``ITC'') of 
our final results. We do not intend, however, to report a rate to the 
ITC as the Department did not determine that revocation of the order 
would likely

[[Page 35222]]

lead to continuation or recurrence of dumping.
    The Department will instruct U.S. Customs and Border Protection to 
liquidate without regard to dumping duties entries of the subject 
merchandise entered or withdrawn from warehouse for consumption on or 
after November 29, 2006 (the effective date of this revocation), and to 
discontinue collection of cash deposits of antidumping duties for 
entries of subject merchandise entered or withdrawn from warehouse for 
consumption on or after November 29, 2006.
    This notice serves as a final reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary material disclosed under APO 
in accordance with 19 CFR 351.305. Timely 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 sunset review and notice are in accordance with sections 
751(c), 752, and 777(i)(1) of the Act.

    Dated: June 20, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.

Appendix - Issues in Decision Memorandum

1. Whether ``other factors'' require that the Department consider two 
recent World Trade Organization (``WTO'') determinations with respect 
to zeroing
2. Whether the Department's conclusion in the April 9, 2007, ``Issues 
and Decision Memorandum for the Final Results of the Section 129 
Determinations'' (``Final Section 129 Determination'') to revoke the 
order undermines the validity of Preliminary Results
3. Whether the Department's implementation in ``Final Section 129 
Determination'' of WTO rulings pertaining to zeroing undermines the 
validity of Preliminary Results
4. Whether the recalculated weighted-average margin of zero percent for 
Corus Staal in ``Final Section 129 Determination'' undermines the 
``likely margin to prevail'' if the order were revoked that was 
referenced in Preliminary Results
5. Whether the Department may rely on the presumptions embodied in 
Policies Regarding the Conduct of Five-year (``Sunset'') Reviews of 
Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 
18871, 18872 (April 16, 1998) (``Sunset Review Policy Bulletin'')
6. Whether the Department's decision in ``Final Section 129 
Determination'' to revoke the order means that Corus Staal will not 
dump in the future
7. Whether Sunset Review Policy Bulletin presupposes a validly issued 
order and would not apply in the absence of a validly issued order
8. Whether the Department may rely on margins calculated in 
administrative reviews based on zeroing
9. Whether domestic producers' withdrawals of administrative review 
requests prevented meaningful analysis of import and margin trends.
10. The impact of the Section 201 tariffs on steel product imports.
11. The significance of declining margins and steady (or rising) 
imports
[FR Doc. E7-12435 Filed 6-26-07; 8:45 am]
BILLING CODE 3510-DS-P