[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Pages 30525-30527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15176]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-865]


Rescission and Preliminary Rescission of Antidumping Duty 
Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products 
from The People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: June 26, 2009.

FOR FURTHER INFORMATION CONTACT: Toni Dach or Paul Walker, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1655 and (202) 482-0413, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 3, 2008, the Department of Commerce (``Department'') 
published a notice of opportunity to request an administrative review 
of the antidumping duty order on certain hot-rolled carbon steel flat 
products from the People's Republic of China (``PRC'') for the period 
of review (``POR'') November 1, 2007, through October 31, 2008. See 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity to Request Administrative Review, 73 FR 
65288 (November 3, 2008). On December 1, 2008, Nucor Corporation 
(``Nucor''), domestic producers of certain hot-rolled carbon steel flat 
products, requested that the Department conduct an administrative 
review of Baosteel Group Corporation, Shanghai Baosteel International 
Economic & Trading Co., Ltd., and Baoshan Iron and Steel Co., Ltd. 
(collectively ``Baosteel''). On December 1, 2008, ArcelorMittal USA, 
Inc. (``ArcelorMittal''), a domestic producer of certain hot-rolled 
steel flat

[[Page 30526]]

products, requested that the Department conduct an administrative 
review of Angang Steel Company, Ltd., Angang Group International Trade 
Corporation, New Iron and Steel Co., Ltd., Angang Group Hong Kong Co., 
Ltd., Anshan Iron & Steel Group, and all affiliated entities 
(collectively ``Angang''); and Shanghai Baosteel Group Corporation, 
Baosteel Group International Trade Corp., and Baoshan Iron and Steel 
Co., Ltd. (also collectively ``Baosteel''). On December 24, 2008, the 
Department published a notice of initiation of an antidumping duty 
administrative review on certain hot-rolled carbon steel flat products 
from the PRC. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 73 FR 79055 
(December 24, 2008) (``Notice of Initiation'').
    On February 2, 2009, Angang submitted a letter stating that it had 
no sales of subject merchandise to the United States during the POR. On 
March 18, 2009, ArcelorMittal withdrew its request for review of 
Baosteel and Angang.
    On January 12, 2009, Baosteel submitted a letter stating that it 
had no sales of subject merchandise to the United States during the 
POR. On March 25, 2009, the Department requested additional information 
from Baosteel. On April 1, 2009, Baosteel submitted its response to the 
Department's inquiry. See ``Preliminary Rescission of Review'' section, 
below.

Scope of the Review

    For purposes of this review, 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 this 
review.
    Specifically included within the scope of this review 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 this review, 
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, or0.50 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 review unless otherwise 
excluded. The following products, by way of example, are outside or 
specifically excluded from the scope of this review:
 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 this review 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 this review, 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 
written description of the merchandise under review is dispositive.

Period of Review

    The POR is November 1, 2007, through October 31, 2008.

Rescission of Review


    On March 18, 2009, ArcelorMittal submitted a timely withdrawal of 
its request for review of Baosteel and Angang. As ArcelorMittal was the 
sole party requesting review of Angang, in accordance with 19 CFR 
351.213(d)(1), we are rescinding this review of the antidumping duty 
order on certain hot-rolled carbon steel flat products from the PRC for 
the period of November 1, 2007, to October 31, 2008, with respect to 
Angang. The cash deposit rate for Angang will continue to be the rate 
established in the most recently completed segment of this proceeding.
    The Department will instruct U.S. Customs and Border Protection 
(``CBP'')

[[Page 30527]]

to assess antidumping duties on all appropriate entries. For Angang, 
antidumping duties shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(2). The Department will issue appropriate assessment 
instructions directly to CBP 15 days after publication of this notice.

Preliminary Rescission of Review

    On January 23, February 6, and March 6, 2009, the Department placed 
CBP data and entry documentation on the record of the instant review, 
which indicated that Baosteel may have entered subject merchandise 
during the POR. On March 25, 2009, the Department requested additional 
information from Baosteel regarding the classification of the 
shipments. On April 1, 2009, Baosteel provided information 
demonstrating that the entries in question had been misclassified, and 
were actually shipments of merchandise outside the scope of this 
antidumping duty order. Upon review of Baosteel's response, the 
Department finds that there is no record evidence that indicates 
Baosteel made entries of subject merchandise during the POR.
    Therefore, in accordance with 19 CFR 351.213(d)(3) and consistent 
with our practice, we are preliminarily rescinding this review of the 
antidumping duty order on certain hot-rolled carbon steel flat products 
from the PRC for the period of November 1, 2007, to October 31, 2008. 
If the rescission is confirmed in our final results, the cash deposit 
rate for Baosteel will continue to be the rate established in the most 
recently completed segment of this proceeding.
    Interested parties may submit comments for consideration in the 
Department's final results not later than 30 days after publication of 
this notice. See 19 CFR 351.309(c). Responses to those comments may be 
submitted not later than five days following submission of the 
comments. See 19 CFR 351.309(d). All written comments must be submitted 
in accordance with 19 CFR 351.303, and must be served on interested 
parties on the Department's service list in accordance with 19 CFR 
351.303(f)(3). The Department will issue the final results of this 
administrative review, which will include the results of its analysis 
of issues raised in any such comments, within 120 days of publication 
of the preliminary results, and will publish these results in the 
Federal Register.

Notification to Importers

    This notice serves as a final reminder to importers for whom this 
review is being rescinded, as of the publication date of this notice, 
of their responsibility under 19 CFR 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.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is in accordance with sections 751 and 777(i)(1) of the 
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: June June 19, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duties Operations.
[FR Doc. E9-15176 Filed 6-25-09; 8:45 am]
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