[Federal Register Volume 72, Number 247 (Thursday, December 27, 2007)]
[Notices]
[Pages 73316-73318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25098]


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

DEPARTMENT OF COMMERCE

International Trade Administration

A-533-820, A-560-812, A-570-865, A-583-835, A-549-817, A-823-811, C-
533-821, C-560-813, C-549-818


Certain Hot-Rolled Carbon Steel Flat Products from India, 
Indonesia, the People's Republic of China, Taiwan, Thailand, and 
Ukraine: Continuation of Antidumping Duty and Countervailing Duty 
Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 1, 2006, the Department of Commerce (the Department) 
initiated sunset reviews of the antidumping duty (AD) orders on certain 
hot-rolled carbon steel flat products (HR steel) from India, Indonesia, 
the People's Republic of China (PRC), Taiwan, Thailand, and Ukraine and 
countervailing duty (CVD)

[[Page 73317]]

orders on HR steel from India, Indonesia, and Thailand. As a result of 
the determinations by the Department and the International Trade 
Commission (ITC) that revocation of the AD and CVD orders on HR steel 
from India, Indonesia, the PRC, Taiwan, Thailand, and Ukraine would 
likely lead to continuation or recurrence of dumping and 
countervailable subsidies, and material injury to an industry in the 
United States, the Department is publishing a notice of continuation of 
these AD and CVD orders.

EFFECTIVE DATE: December 27, 2007.

FOR FURTHER INFORMATION CONTACT: Preeti Tolani (India and Indonesia/AD 
and CVD) at (202) 482-0395, Juanita Chen (PRC/AD) at (202) 482-1904, 
Deborah Scott (Taiwan and Thailand/AD) at (202) 482-2657, Myrna Lobo 
(Thailand/CVD) at (202) 482-2371, or Martha Douthit (Ukraine/AD) at 
(202) 482-5050, AD/CVD Operations, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street & 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The AD and CVD orders which cover HR steel from India, Indonesia, 
the PRC, Taiwan, Thailand, and Ukraine were published in the Federal 
Register in September, November and December 2001. See Notice of 
Amended Final Antidumping Duty Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat 
Products From India, 66 FR 60194 (December 3, 2001), Antidumping Duty 
Order: Certain Hot-Rolled Carbon Steel Flat Products From Indonesia, 66 
FR 60192 (December 3, 2001), Notice of Amended Final Determination and 
Notice of Countervailing Duty Orders: Certain Hot-Rolled Carbon Steel 
Flat Products from India and Indonesia, 66 FR 60198 (December 3, 2001), 
Notice of Countervailing Duty Order: Certain Hot-Rolled Carbon Steel 
Flat Products From Thailand, 66 FR 60197 (December 3, 2001), Notice of 
Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products 
From the People's Republic of China, 66 FR 59561 (November 29, 2001), 
Notice of Antidumping Duty Order; Certain Hot- Rolled Carbon Steel Flat 
Products From Taiwan, 66 FR 59563 (November 29, 2001), Antidumping Duty 
Order; Certain Hot-Rolled Carbon Steel Flat Products From Thailand, 66 
FR 59562 (November 29, 2001), and Antidumping Duty Order: Certain Hot-
Rolled Carbon Steel Flat Products From Ukraine, 66 FR 59559 (November 
29, 2001).
    On August 1, 2006, the Department initiated and the ITC instituted 
sunset reviews of the AD orders on HR steel from India, Indonesia, the 
PRC, Taiwan, Thailand, and Ukraine, and CVD orders on HR steel from 
India, Indonesia, and Thailand pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act). See Initiation of Five-year 
(``Sunset'') Reviews, 71 FR 43443 (August 1, 2006); and Hot-Rolled 
Steel Products from Argentina, China, India, Indonesia, Kazakhstan, 
Netherlands, Romania, South Africa, Taiwan, Thailand, and Ukraine, 
Investigation Nos. 701-TA-404-408 and 731-TA-898-908 (Review), 71 FR 
43521 (August 1, 2006).
    As a result of its reviews, the Department found that revocation of 
the AD and CVD orders would likely lead to continuation or recurrence 
of dumping and countervailable subsidies, and notified the ITC of the 
magnitude of the margins and net countervailable subsidies likely to 
prevail were the orders to be revoked. See Hot-Rolled Carbon Steel Flat 
Products from Argentina, India, Indonesia, South Africa, and Thailand: 
Final Results of Expedited Five-Year (Sunset) Reviews of the 
Countervailing Duty Orders, 71 FR 70960 (December 7, 2006); and Certain 
Hot-Rolled Carbon Steel Flat Products from Argentina, the People's 
Republic of China, India, Indonesia, Kazakhstan, Romania, South Africa, 
Taiwan, Thailand, and Ukraine; Final Results of Expedited Sunset 
Reviews of the Antidumping Duty Orders, 71 FR 70506 (December 5, 2006).
    On October 31, 2007, the ITC determined pursuant to section 751(c) 
of the Act, that revocation of the AD orders on HR steel from India, 
Indonesia, the PRC, Taiwan, Thailand, and Ukraine, and CVD orders on HR 
steel from India, Indonesia, and Thailand would likely lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. See Hot-Rolled 
Steel Products from Argentina, China, India, Indonesia, Kazakhstan, 
Romania, South Africa, Taiwan, Thailand, and Ukraine, 72 FR 61676 
(October 31, 2007) and USITC Publication 3956 (October 2007), entitled 
Hot-Rolled Steel Products from Argentina, China, India, Indonesia, 
Kazakhstan, Romania, South Africa, Taiwan, Thailand, and Ukraine: 
Investigation Nos. 701-TA-404-408 and 731-TA-898-902 and 904-908 
(Review).

Scope of the Orders

    The merchandise subject to these orders is 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 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 
these orders.
    Specifically included within the scope of these orders 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 these orders, 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 descriptions 
provided above are within the scope of these orders unless otherwise 
excluded. The following products, by way of example, are outside or 
specifically excluded from the scope of these orders:

[[Page 73318]]

    - Alloy hot-rolled steel products in which at least one of the 
chemical elements exceeds those listed above (including, 3, 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 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 these orders 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 these orders, 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 
U.S. Customs purposes, the Department's written description of the 
merchandise subject to these orders is dispositive.

Continuation of Orders

    As a result of the determinations by the Department and the ITC 
that revocation of these AD and CVD orders would likely lead to 
continuation or recurrence of dumping and countervailable subsidies, 
and material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, the Department hereby orders the 
continuation of the AD orders on HR steel from India, Indonesia, the 
PRC, Taiwan, Thailand, and Ukraine, and CVD orders on HR steel from 
India, Indonesia, and Thailand. U.S. Customs and Border Protection will 
continue to collect AD and CVD cash deposits at the rates in effect at 
the time of entry for all imports of subject merchandise.
    The effective date of continuation of these orders will be the date 
of publication in the Federal Register of this Notice of Continuation. 
Pursuant to section 751(c)(2) and 751(c)(6)(A) of the Act, the 
Department intends to initiate the next five-year review of these 
orders not later than November 2012.
    These five-year (sunset) reviews and this notice are in accordance 
with section 751(c) of the Act. This notice is published pursuant to 
751(c) and 771(i) of the Act and 19 CFR 351.218(f)(4).

    Dated: December 14, 2007.
Stephen J. Claeys,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E7-25098 Filed 12-26-07; 8:45 am]
BILLING CODE 3510-DS-S