[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Pages 22885-22887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11420]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-817]


Certain Hot-Rolled Carbon Steel Flat Products from Thailand: 
Final Results of Antidumping Duty Changed Circumstances Review and 
Reinstatement in the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: On December 30, 2008, the Department of Commerce (``the 
Department'') published the preliminary results of the changed 
circumstances review and intent to reinstate Sahaviriya Steel 
Industries Public Company Limited (``SSI'') in the antidumping duty 
order (``the order'') on certain hot-rolled carbon steel flat products 
(``hot-rolled steel'') from the Kingdom of Thailand (``Thailand''). See 
Certain Hot-Rolled Carbon Steel Flat Products from Thailand: 
Preliminary Results of Changed Circumstances Review and Intent To 
Reinstate Sahaviriya Steel Industries Public Company Limited in the 
Antidumping Duty Order, 73 FR 79809 (December 30, 2008) (``Preliminary 
Results''). On October 29, 2008, we extended the time limit for 
completion of this changed circumstances review until April 22, 2009. 
See Certain Hot-Rolled Carbon Steel Flat Products from Thailand: 
Extension of Time Limit for Final Results of Changed Circumstances 
Review, 73 FR 64303 (October 29, 2008) (``First Extension Notice''). On 
April 29, 2009, we extended the date for the final results of this 
review by 15 days. See Certain Hot-Rolled Carbon Steel Flat Products 
from Thailand: Extension of Time Limit for Final Results of Changed 
Circumstances Review, 74 FR 19524 (April 29, 2009).This review covers 
subject merchandise manufactured and exported by SSI. The product 
covered by this order is hot-rolled steel from Thailand (see ``Scope of 
the Order'' section below). The period of review (``POR'') is July 1, 
2006, through June 30, 2007. Based on our analysis of the comments 
received, we have made changes to the margin calculation. Therefore, 
the final results differ from the preliminary results. However, we 
continue to determine that SSI sold subject merchandise at less than 
normal value (``NV'') during the POR, and hereby reinstate SSI in the 
order. The final weighted-average dumping margin is listed below in the 
section entitled ``Final Results of Review.''

EFFECTIVE DATE: May 15, 2009.

FOR FURTHER INFORMATION CONTACT: John K. Drury or Angelica Mendoza, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482-
0195 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 30, 2008, the Department published in the Federal 
Register the preliminary results of this changed circumstances review 
and intent to reinstate SSI in the antidumping order on hot-rolled 
steel from Thailand. See Preliminary Results. This review covers sales 
of subject merchandise by SSI. The POR is July 1, 2006, through June 
30, 2007.
    On December 10, 2008, we issued a notice correcting an error in the 
First Extension Notice. See Certain Hot-Rolled Carbon Steel Flat 
Products from Thailand: Correction to Notice of Extension of Time Limit 
for Final Results of Changed Circumstances Review, 73 FR 75079 
(December 10, 2008). On February 5, 2009, the Department issued a 
notice correcting an error in the Preliminary Results. See Certain Hot-
Rolled Carbon Steel Flat Products from Thailand: Correction to 
Preliminary Results of Changed Circumstances Review and Intent To 
Reinstate Sahaviriya Steel Industries Public Company Limited in the 
Antidumping Duty Order, 74 FR 6136 (February 5, 2009).
    We invited interested parties to comment on the preliminary results 
of review. On February 4, 2009, we received comments from SSI, U.S. 
Steel Corporation (``petitioner''), and interested party Nucor 
Corporation (``Nucor''). On February 11, 2009, SSI, petitioner and 
Nucor filed rebuttal comments. At the request of SSI, we held a hearing 
on this changed circumstances review on February 19, 2009. The 
Department has conducted this changed circumstances review in 
accordance with section 751(b) of the Tariff Act of 1930, as amended 
(``the Act'').

Scope of the Order

    For purposes of the 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 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

[[Page 22886]]

    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 hot-rolled steel 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 currently 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 7226.99.01.80. 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 customs 
purposes, the written description of the merchandise is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by SSI, 
petitioner, and Nucor are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memorandum'') from John M. Andersen, Acting 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Import Administration, dated May 7, 2009, which is adopted by this 
notice. A list of issues which parties have raised is in the Decision 
Memorandum and 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 the Decision Memorandum which is on 
file in the Central Records Unit, Room 1117, of the main Commerce 
Building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at http://www.ia.ita.doc.gov/frn. 
The paper copy and the electronic version of the Decision Memorandum 
are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes to the margin calculations. These changes are discussed 
in the relevant sections of the Decision Memorandum and the Memorandum 
to the File from John K. Drury, Analysis Memorandum for the Final 
Results of Changed Circumstances Review of Certain Hot-Rolled Carbon 
Steel Flat Products from Thailand: Sahaviriya Steel Industries Public 
Co., Ltd. (``SSI''), dated May 7, 2009, (``Analysis Memorandum''). 
Specifically, for these final results:
    1) We adjusted the reported warranty expenses dividing the sum of 
three years of warranty expenses by the sum of total sales during the 
same three-year period. We multiplied the result by the gross unit 
price and applied the result to all home market sales.
    2) We have used SSI's reported cost of goods sold, rather than the 
cost adjusted for cost of manufacture.
    3) We corrected a clerical error in the arm's-length portion of the 
Department's SAS program.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists for the period July 1, 2006, through June 30, 2007:

------------------------------------------------------------------------
               Manufacturer / Exporter                      Margin
------------------------------------------------------------------------
Sahaviriya Steel Industries Public Company Limited..        9.04 percent
------------------------------------------------------------------------

    Since we have established that hot-rolled steel from Thailand 
manufactured and exported by SSI is being sold at less than NV, SSI is 
hereby reinstated in the antidumping duty order effective upon the 
publication date of this notice. We will advise U.S. Customs and Border 
Protection to collect a cash deposit equal to the margin listed above 
on all entries of the subject merchandise produced by SSI that are 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of these final results. This requirement shall remain 
in effect until publication of the final results of the next 
administrative review as to SSI. There are no changes to the rates 
applicable to any other companies under this antidumping duty order.

Notification to Interested Parties

    The Department will disclose calculations performed in connection 
with the final results of review within five days of the date of 
publication of this notice in accordance with 19 C.F.R. 351.224(b).
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/disposition 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.
    We are issuing and publishing this determination in accordance with 
section 751(b)(1) of the Act and 19 CFR 351.216.


[[Page 22887]]


    Dated: May 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix Comments in Decision Memo

1. The Department's Authority to Conduct the Changed Circumstances 
Review
2. Date of Sale for U.S. Sales
3. Segment Methodology
4. Warranty Expenses
5. Affiliated Transportation Expenses
6. Use of Cost of Goods Sold
7. General and Administrative (``G&A'') and Financial Expense Ratio 
Denominators
8. G&A Expense Ratio
9. Affiliated Party Inputs
10. Direct Materials Cost
11. Clerical Error
[FR Doc. E9-11420 Filed 5-14-09; 8:45 am]
BILLING CODE 3510-DS-S