[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Notices]
[Pages 65518-65520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29471]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-549-817]


Certain Hot-Rolled Carbon Steel Flat Products from Thailand: 
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 5, 2009, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain hot-rolled carbon steel flat products 
(hot-rolled steel) from Thailand. The period of review is November 1, 
2007, through October 31, 2008. We received comments from interested 
parties, but have made no changes to the margin for the final results. 
The final margin for the respondent is listed below in the section 
entitled ``Final Results of Review.''

EFFECTIVE DATE: December 10, 2009.

FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0408 or (202) 482-0469, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2009, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain hot-;rolled steel from Thailand. See 
Certain Hot-Rolled Carbon Steel Flat Products

[[Page 65519]]

from Thailand, 74 FR 39047 (August 5, 2009) (Preliminary Results).
    On September 4, 2009, we received a case brief from the sole 
respondent, G Steel Public Company Limited (G Steel) and G J Steel 
Public Company Limited (G J Steel). On September 11, 2009, we received 
rebuttal briefs from petitioner United States Steel Corporation (U.S. 
Steel) and domestic interested party Nucor Corporation (Nucor). No 
public hearing was held. On September 14, 2009, the Department returned 
G Steel and G J Steel's case brief to the company's legal counsel as 
the brief contained new factual information. On September 15, 2009, G 
Steel and G J Steel refiled the case brief, omitting the new factual 
information.

Period of Review

    The period of review is November 1, 2007, through October 31, 2008.

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 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, 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 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 Customs purposes, the 
written description of the merchandise under review is dispositive.

Analysis of Comments Received

    All issues raised in the briefs are addressed in the ``Issues and 
Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review and Partial Rescission of Antidumping Duty 
Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products 
from Thailand,'' dated December 3, 2009, (Issues and Decision 
Memorandum), which is hereby adopted by this notice. A list of the 
issues raised, all of which are in the Issues and Decision Memorandum, 
is attached to this notice. Parties can find a complete discussion of 
all issues raised in the briefs and the corresponding recommendations 
in this public memorandum which is on file in the Central Records Unit 
(CRU), room 1117 of the Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the Web at http://www.trade.gov/ia/ ia/. The paper copy and 
electronic version of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on the comments received from the interested parties, we have 
made no changes to the Preliminary Results for G Steel and G J Steel. 
See Issues and Decision Memorandum for discussion of the issues raised 
by parties.

[[Page 65520]]

Final Results of Review

    In the Preliminary Results, we determined that G J Steel is the 
successor-in-interest to the former Nakornthai Strip Mill Public 
Company Limited (Nakornthai) for purposes of this proceeding and 
application of the antidumping law. We did not receive comments on this 
issue and have no reason to change our findings from the Preliminary 
Results. For a complete discussion of our successorship analysis, see 
Preliminary Results, 74 FR at 39051.
    The Department also determined that G Steel and G J Steel should be 
collapsed and treated as a single entity for purposes of this 
proceeding and application of the antidumping law. Id. at 39050. We 
received comments on this issue which are addressed in the Issues and 
Decision Memorandum. We have concluded for these Final Results that G 
Steel and G J Steel should continue to be collapsed and treated as a 
single entity for purposes of this proceeding and application of the 
antidumping law.
    Finally, the Department preliminarily determined to apply an 
adverse facts available (AFA) rate of 20.30 percent to the collapsed G 
Steel and G J Steel entity. Id. at 39050. We also received comments on 
this issue, which are addressed in the Issues and Decision Memorandum. 
The Department has concluded that the margin for G Steel and G J Steel 
should be based upon AFA.
    Accordingly, we determine that G J Steel is the successor-in-
interest to Nakornthai, and that the AFA rate of 20.30 percent should 
be applied to the G Steel/G J Steel entity.
    We determine therefore that the following weighted-average margin 
exists:

------------------------------------------------------------------------
                                                       Weighted Average
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
G Steel and G J Steel...............................       20.30 percent
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    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to 19 CFR 351.212(b). Accordingly, we will instruct 
CBP to assess duties upon all entries of merchandise produced or 
exported by G Steel or G J Steel at a rate of 20.30 percent ad valorem. 
The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of these final results of 
review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification applies to POR entries of subject 
merchandise produced by companies examined in this review where the 
companies did not know their merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of certain hot-rolled carbon steel flat products from 
Thailand entered, or withdrawn from warehouse, for consumption on or 
after the publication date of these final results, as provided by 
section 751(a) of the Act: (1) for companies covered by this review, 
the cash deposit rate will be the rate listed above; (2) for previously 
reviewed or investigated companies other than those covered by this 
review, the cash deposit rate will be the company-specific rate 
established for the most recent period; (3) if the exporter is not a 
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the producer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the subject merchandise; and (4) if neither the exporter nor the 
producer is a firm covered in this review, a prior review, or the 
investigation, the cash deposit rate will be 3.86 percent,\1\ the all-
others rate established in the less-than-fair-value investigation. 
These deposit requirements shall remain in effect until further notice.
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    \1\ In the Preliminary Results, the Department inadvertently 
indicated the cash deposit all others rate as 4.44 percent. The rate 
should be 3.86 percent as specified in the Antidumping Duty Order. 
See Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat 
Products From Thailand, 66 FR 59562 (November 29, 2001).
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Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent increase in antidumping duties by the amount of 
antidumping and/or countervailing duties reimbursed.

Administrative Protective Order

    This notice also is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 3, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix: Issues Raised in Decision Memorandum

Comment 1: Collapsing of G Steel and G J Steel
Comment 2: Application of Adverse Facts Available to G Steel and G J 
Steel
Comment 3: Selection of Adverse Facts Available Rate for G Steel and G 
J Steel
[FR Doc. E9-29471 Filed 12-9-09; 8:45 am]
BILLING CODE 3510-DS-S