[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Notices]
[Pages 23391-23392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11666]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-847]


Certain Cut-to-Length Carbon-Quality Steel Plate From Japan: 
Notice of Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 24, 2009, the Department of Commerce (the Department) 
published in the Federal Register a notice announcing the initiation of 
an administrative review of the antidumping duty order on certain cut-
to-length carbon-quality steel plate (CTL CQ plate) from Japan. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Requests for Revocation in Part, 74 FR 12310 (Initiation 
Notice). The period of review (POR) is February 1, 2008 to January 31, 
2009, and covers sales or entries of CTL CQ plate by Kawasaki Steel 
Corporation (Kawasaki) and its alleged successor-in-interest, JFE Steel 
Corporation (JFE). We are rescinding this review because there were no 
entries of CTL CQ plate associated with either Kawasaki or JFE Steel 
during the POR.

EFFECTIVE DATE: May 19, 2009.

FOR FURTHER INFORMATION CONTACT: David Goldberger, Office of AD/CVD 
Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
4136.

Scope of the Order:

    The products covered by this order are certain hot-rolled carbon-
quality steel: (1) Universal mill plates (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 nominal or actual thickness of 
not less than 4 mm, which are cut-to-length (not in coils) and without 
patterns in relief), of iron or non-alloy-quality steel; and (2) flat-
rolled products, hot-rolled, of a nominal or actual thickness of 4.75 
mm or more and of a width which exceeds 150 mm and measures at least 
twice the thickness, and which are cut-to-length (not in coils). Steel 
products to be included in the scope of this order are of rectangular, 
square, circular or other shape and of rectangular or non-rectangular 
cross-section where such non-rectangular 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. Steel products that meet the noted 
physical characteristics that are painted, varnished or coated with 
plastic or other non-metallic substances are included within the scope 
of this order. Also, specifically included in the scope of this order 
are high strength, low alloy (HSLA) steels. HSLA steels are recognized 
as steels with micro-alloying levels of elements such as chromium, 
copper, niobium, titanium, vanadium, and molybdenum. Steel products 
included in this scope, regardless of Harmonized Tariff Schedule of the 
United States (HTSUS) definitions, are products in which: (1) Iron 
predominates, by weight, over each of the other contained elements, (2) 
the carbon content is two percent or less, by weight, and (3) none of 
the elements listed below is equal to or exceeds the quantity, by 
weight, respectively indicated: 1.80 percent of manganese, or 1.50 
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 
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent 
zirconium. All products that meet the written physical description, and 
in which the chemistry quantities do not equal or exceed any one of the 
levels listed above, are within the scope of this order unless 
otherwise specifically excluded.

[[Page 23392]]

    The following products are specifically excluded from this order: 
(1) Products clad, plated, or coated with metal, whether or not 
painted, varnished or coated with plastic or other non-metallic 
substances; (2) SAE grades (formerly AISI grades) of series 2300 and 
above; (3) products made to ASTM A710 and A736 or their proprietary 
equivalents; (4) abrasion-resistant steels (i.e., USS AR 400, USS AR 
500); (5) products made to ASTM A202, A225, A514 grade S, A517 grade S, 
or their proprietary equivalents; (6) ball bearing steels; (7) tool 
steels; and (8) silicon manganese steel or silicon electric steel. The 
following additional exclusions apply with respect to abrasion-
resistant steels: NK-EH-360 (NK Everhard 360) and NK-EH-500 (NK 
Everhard 500). NK-EH-360 has the following specifications: (a) Physical 
Properties: Thickness ranging from 6-50 mm, Brinell Hardness: 361 min.; 
(b) Heat Treatment: controlled heat treatment; and (c) Chemical 
Composition (percent weight): C: 0.20 max., Si: 0.55 max., Mn: 1.60 
max., P: 0.030 max., S: 0.030 max., Cr: 0.40 max., Ti: 0.005-0.020, B: 
0.004 max. NK-EH-500 has the following specifications: (a) Physical 
Properties: Thickness ranging from 6-50 mm, Brinell Hardness: 477 min.; 
(b) Heat Treatment: Controlled heat treatment; and (c) Chemical 
Composition (percent weight): C: 0.35 max., Si: 0.55 max., Mn: 1.60 
max., P: 0.030 max., S: 0.030 max., Cr: 0.80 max., Ti: 0.005-0.020, B: 
0.004 max.
    The merchandise subject to this order is classified in the HTSUS 
under subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 
7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 
7226.91.8000, 7226.99.0000.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise covered by 
this order is dispositive.

SUPPLEMENTARY INFORMATION:

Background

    On February 4, 2009, the Department published in the Federal 
Register a notice of opportunity to request an administrative review of 
the antidumping duty order on CTL CQ plate from Japan for the period 
February 1, 2008 to January 31, 2009. See Antidumping or Countervailing 
Duty Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 74 FR 6013 (February 4, 2009). In accordance 
with 19 CFR 351.213(b)(1), on February 27, Nucor Corporation, a 
domestic producer of CTL CQ plate, requested a review of this order 
with respect to Kawasaki Steel Corporation (Kawasaki). On March 9, 
2009, Nucor filed a letter clarifying its February 27, 2009, request 
for an administrative review of Kawasaki to include any successors-in-
interest to Kawasaki, such as JFE.
    The Department initiated the administrative review on March 24, 
2009. See Initiation Notice. On April 7, 2009, JFE notified the 
Department that it had not made sales or exports of the subject 
merchandise during the POR. In addition, we reviewed the U.S. Customs 
and Border Protection (CBP) import database and found no entries of 
subject merchandise associated with either JFE or Kawasaki. We invited 
interested parties to comment on this information. See ``No Shipments 
for Review and Intent to Rescind,'' memorandum to the file dated April 
16, 2009. We received no comments.

Rescission of Review

    Under 19 CFR 351.213(d)(3), the Secretary may rescind an 
administrative review in whole or only with respect to a particular 
exporter or producer if the Secretary concludes that there were no 
entries, exports, or sales of the subject merchandise during the POR. 
As only Kawasaki and its alleged successor-in-interest JFE are subject 
to this administrative review, and there were no entries, exports, or 
sales of the subject merchandise by either Kawasaki or JFE during the 
POR, we are rescinding this review of the antidumping duty order on CTL 
CQ plate from Japan in its entirety pursuant to 19 CFR 351.213(d)(3). 
We intend to issue assessment instructions to CBP 15 days after the 
date of publication of this notice of rescission of administrative 
review.
    This notice is published in accordance with section 751 of the 
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: May 12, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-11666 Filed 5-18-09; 8:45 am]
BILLING CODE 3510-DS-S