[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 31938-31940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13706]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


Certain Hot-Rolled Carbon Steel Flat Products From India: Notice 
of Preliminary Results of 2009-2010 Antidumping Duty Administrative 
Review

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

SUMMARY: In response to requests from petitioners,\1\ the Department of 
Commerce (``the Department'') is conducting an administrative review of 
the antidumping duty order on certain hot-rolled carbon steel flat 
products from India (``hot-rolled steel'') manufactured by Ispat 
Industries Limited (``Ispat''), JSW Steel Limited (``JSW''), and Tata 
Steel Limited (``Tata''). The period of review (``POR'') is December 1, 
2009, through November 30, 2010. We preliminarily determine that Ispat, 
JSW, and Tata had no entries of subject merchandise during the POR.
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    \1\ The petitioners are the United States Steel Corporation 
Steel and Nucor Corporation (collectively ``petitioners'').
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    Interested parties are invited to comment on these preliminary 
results. We intend to issue the final results no later than 120 days 
from the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act'').

DATES: Effective Date: June 2, 2011.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett or James Terpstra, 
AD/CVD Operations Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4161 and (202) 482-3965, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 3, 2001, the Department published in the Federal 
Register the antidumping duty order on Indian hot-rolled steel. 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) 
(``Amended Final Determination''). On December 1, 2010, the Department 
published in the Federal Register a notice titled ``Opportunity to 
Request Administrative Review'' of the antidumping duty order on Indian 
hot-rolled steel. See Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity To Request 
Administrative Review, 75 FR 74682 (December 1, 2010). On December 30, 
2010, and January 3, 2011, petitioners requested an administrative 
review of the antidumping duty order on Indian hot-rolled steel, for 
subject merchandise produced or exported by Ispat, JSW, and Tata. On 
January 28, 2011, the Department published a notice of initiation of 
antidumping duty administrative review of Indian hot-rolled steel for 
the period December 1, 2009, through November 30, 2010. See Initiation 
of Antidumping and Countervailing Duty Administrative Reviews, 76 FR 
5137 (January 28, 2011) (``Initiation Notice''). On January 31, 2011, 
February 4, 2011, and February 15, 2011, respectively, JSW, Ispat and 
Tata each informed the Department that they did not have shipments of 
subject merchandise to the United States during the POR.
    On April 11, 2011, the Department placed on the record and invited 
interested parties to comment on U.S. Customs and Border Protection 
(``CBP'') data obtained to corroborate the claims of the respondents. 
See Memorandum to the File from Christopher Hargett, International 
Trade Compliance Analyst, through Melissa Skinner, Office Director, 
concerning ``Certain Hot Rolled Carbon Steel Flat Products from India: 
Customs and Border Protection (``CBP'') Data for Corroboration of 
Claims of No Shipments,'' dated April 11, 2011 (``CBP Data Memo''). We 
received no comments regarding the CBP data.
    On May 13, 2011, the Department placed on the record the April 13, 
2011, inquiry of no shipments to CBP from the Department. See 
Memorandum to the File from Christopher Hargett, International Trade 
Compliance Analyst, through Melissa Skinner, Office Director, 
concerning ``Certain Hot-Rolled Carbon Steel Flat Products from India: 
Customs No Shipments Inquiry,'' dated May 13, 2011. The Department did 
not receive a reply from CBP regarding its inquiry.

Period of Review

    The POR covered by this review is December 1, 2009, through 
November 30, 2010.

Scope of the Order

    The merchandise subject to this order 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 this order.
    Specifically included in the scope of this 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 included in the scope of this 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 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.

[[Page 31939]]

    All products that meet the physical and chemical description 
provided above are within the scope of this order unless otherwise 
excluded. The following products, by way of example, are outside or 
specifically excluded from the scope of this order:
     Alloy hot-rolled carbon 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 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.
     United States Steel (``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 order is currently classifiable 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 
covered by this 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 7226.99.00.00. 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 Department's written 
description of the merchandise subject to this order is dispositive.

Preliminary Results of Review

    As noted in the ``Background'' section above, Ispat, Tata and JSW 
have each submitted timely-filed certifications indicating that they 
had no shipments of subject merchandise to the United States during the 
POR.
    On April 11, 2011, the Department released to interested parties 
the CBP data it intended to use for corroboration of the respondents' 
claims. See CBP Data Memo. The Department received no comments.
    Based on the claims of the parties and our analysis of CBP data, we 
preliminarily determine that the evidence on the record indicates that 
Tata, Ispat, and JSW did not export subject merchandise to the United 
States during the POR.

Disclosure

    The Department will disclose these preliminary results to the 
parties within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Comments

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments within 30 
days of the date of publication of this notice. See 19 CFR 
351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the 
case briefs, will be due five days later, pursuant to 19 CFR 
351.309(d). Parties who submit case or rebuttal briefs in this 
proceeding are requested to submit with each argument (1) a statement 
of the issue, and (2) a brief summary of the argument. Parties are 
requested to provide a summary of the arguments not to exceed five 
pages and a table of statutes, regulations, and cases cited. See 19 CFR 
351.309(c)(2). Additionally, parties are requested to provide their 
case brief and rebuttal briefs in electronic format (e.g., Microsoft 
Word, pdf, etc.). Interested parties, who wish to request a hearing or 
to participate if one is requested, must submit a written request to 
the Assistant Secretary for Import Administration within 30 days of the 
date of publication of this notice. Requests should contain: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. See 19 CFR 
351.310(c). Issues raised in the hearing will be limited to those 
raised in case and rebuttal briefs. The Department will issue the final 
results of this review, including the results of its analysis of issues 
raised in any such written briefs or at the hearing, if held, not later 
than 120 days after the date of publication of this notice.

Assessment Rate

    The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after the publication of the final results of 
this review.
    Since the implementation of the 1997 regulations, our practice 
concerning no-shipment respondents has been to rescind the 
administrative review if the respondent certifies that it had no 
shipments and we have confirmed through our examination of CBP data 
that there were no shipments of subject merchandise during the POR. See 
Antidumping Duties; Countervailing Duties, 62 FR 27296, 27393 (May 19, 
1997). As a result, in such circumstances, we normally instruct CBP to 
liquidate any entries from the no-shipment company at the deposit rate 
in effect on the date of entry.
    In our May 6, 2003, ``automatic assessment'' clarification, we 
explained that, where respondents in an administrative review 
demonstrate that they had no knowledge of sales through resellers to 
the United States, we would instruct CBP to liquidate such entries at 
the all-others rate applicable to the proceeding. See Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003) (Assessment Policy Notice).
    Because ``as entered'' liquidation instructions do not alleviate 
the concerns which the May 2003 clarification was intended to address, 
we find it appropriate in this case to instruct CBP to liquidate any 
existing entries of merchandise produced by Ispat, JSW, or Tata and 
exported by other parties at the all-others rate, should we continue to 
find that Ispat, Tata and JSW had no shipments of subject merchandise 
to the United States in our final results. See, e.g., Magnesium Metal 
From the Russian Federation: Final Results of Antidumping Duty 
Administrative Review, 75 FR 56989 (September 17, 2010). In addition, 
the Department finds that it is more consistent with the May

[[Page 31940]]

2003 clarification not to rescind the review in part in these 
circumstances but, rather, to complete the review with respect to 
Ispat, JSW, and Tata and issue appropriate instructions to CBP based on 
the final results of the review.

Cash Deposit Requirements

    The following deposit rates will be effective upon publication of 
the final results of this administrative review for all shipments of 
hot-rolled carbon steel flat products from India entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For Ispat, JSW, and 
Tata, and for previously reviewed or investigated companies not listed 
above, the cash deposit rate will continue to be the company-specific 
rate published for the most recent final results in which that 
manufacturer or exporter participated; (2) if the exporter is not a 
firm covered in these reviews, a prior review, or the original less-
than-fair-value (``LTFV'') investigation, but the manufacturer is, the 
cash deposit rate will be the rate established for the most recent 
final results for the manufacturer of the merchandise; and (3) if 
neither the exporter nor the manufacturer is a firm covered in this or 
any previous review or the LTFV conducted by the Department, the cash 
deposit rate will be 23.87 percent, the all-others rate established in 
the LTFV, as amended, adjusted for export subsidies. See Certain Hot-
Rolled Carbon Steel Flat Products from India: Final Results of 
Antidumping Duty Administrative Review, 69 FR 36060, 36062 n.2 (June 
28, 2004) (``India Hot-Rolled First Review'') (``The `all others' cash 
deposit rate, applied by {CBP{time} , is reduced to account for the 
export subsidy rate found in the countervailing duty investigation. The 
adjusted `all others' rate is 23.87 percent.''); Amended Final 
Determination. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and countervailing 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 antidumping and countervailing duties 
occurred and the subsequent assessment of double antidumping and 
countervailing duties.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.221(b)(4).

    Dated: May 26, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-13706 Filed 6-1-11; 8:45 am]
BILLING CODE 3510-DS-P