[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Notices]
[Pages 42679-42681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18211]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


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

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

SUMMARY: In response to requests from domestic interested parties,\1\ 
the Department of Commerce (``the Department'') conducted an 
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from India manufactured by Essar 
Steel Limited (``Essar''), Ispat Industries Limited (``Ispat''), JSW 
Steel Limited (``JSW''), and Tata Steel Limited (``Tata''). The period 
of review (``POR'') covers December 1, 2008, through November 30, 2009. 
We determine that Essar, Ispat, JSW, and Tata had no reviewable entries 
of subject merchandise during the POR.
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    \1\ The domestic interested parties are United States Steel 
Corporation (``U.S. Steel''), Nucor Corporation (``Nucor''), and 
ArcelorMittal USA Inc.

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DATES: Effective Date: July 19, 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 January 13, 2011, the Department published in the Federal 
Register, the Preliminary Results \2\ of this review.
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    \2\ See Certain Hot-Rolled Carbon Steel Flat Products From 
India: Notice of Preliminary Results of Antidumping Duty 
Administrative Review, 76 FR 2344 (January 13, 2011) (``Preliminary 
Results'').
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    On March 29, 2011, pursuant to the announcement in the Preliminary 
Results, the Department issued a supplemental questionnaire to Tata 
seeking clarifying information with respect to its exports.\3\ On April 
6, 2011, Tata submitted its response to the Department's supplemental 
questionnaire.\4\
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    \3\ See Letter to Tata Steel Limited from the Department, 
regarding the 6th Administrative Review of Certain Hot-Rolled Carbon 
Steel Flat Products from India, dated March 29, 2011.
    \4\ See Letter from Tata Steel Limited to the Department, 
regarding the Antidumping Duty Review of Certain Hot-Rolled Carbon 
Steel Flat Products from India: Response of Tata Steel to 
Supplemental Questions, dated April 6, 2011.
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    We received briefs from U.S. Steel and Nucor and a rebuttal brief 
from Tata.\5\ On May 17, the Department extended the deadline for the 
Final Results to July 12, 2011.\6\
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    \5\ See Letter from U.S. Steel to the Department, regarding 
Administrative Review of Certain Hot-Rolled Carbon Steel Flat 
Products from India, dated April 14, 2011; Letter from Nucor to the 
Department, regarding Certain Hot-Rolled Carbon Steel Flat Products 
from India: Case Brief, dated April 14, 2011; Letter from Tata to 
the Department, regarding Antidumping Duty Review of Certain Hot-
Rolled Carbon Steel Flat Products from India: Reply Brief of Tata 
Steel Limited, dated April 19, 2011.
    \6\ See Certain Hot-Rolled Carbon Steel Flat Products From 
India: Notice of Extension of Time Limit for the Final Results of 
Antidumping Duty Administrative Review, 76 FR 28419 (May 17, 2011).
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Period of Review

    The period covered by this review is December 1, 2008, through 
November 30, 2009.

Scope of the Order

    The merchandise subject to the 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 the order.
    Specifically included in 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 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
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 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.

[[Page 42680]]

     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 the 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 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 7226.99.00.00. 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 the order is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the accompanying ``Issues 
and Decisions Memorandum for the Final Results of 2008-2009 
Administrative Review of the Antidumping Duty Order on Certain Hot-
Rolled Carbon Steel Flat Products from India,'' from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration (July 12, 2011) (``Issues and Decision 
Memorandum''), which is hereby adopted by this notice. A list of the 
issues which parties have raised, and to which we have responded in the 
Issues and Decision Memorandum, is attached to this notice as an 
Appendix. The Issues and Decision Memorandum is on file in the Central 
Records Unit, room 7046 of the Department of Commerce main building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the Internet at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Issues and Decision Memorandum 
are identical in content.

Final Results of Review

    We continue to determine that Essar, Ispat, JSW, and Tata had no 
reviewable entries of subject merchandise during the POR.

Assessment Rate

    The Department intends to issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (``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.\7\ 
As a result, in such circumstances, we normally instructed CBP to 
liquidate any entries from the no-shipment company at the deposit rate 
in effect on the date of entry.
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    \7\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27393 (May 19, 1997).
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    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.\8\
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    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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 Essar, Ispat, JSW, or Tata 
and exported by other parties at the all-others rate.\9\
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    \9\ See, e.g., Magnesium Metal From the Russian Federation: 
Final Results of Antidumping Duty Administrative Review, 75 FR 
56989, 56989-90 (September 17, 2010).
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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 of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (``Act''): (1) For 
Essar, Ispat, JSW, 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 investigation conducted by 
the Department, the cash deposit rate will be 23.87 percent, the all-
others rate established from the LTFV investigation.\10\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \10\ Certain Hot-Rolled Carbon Steel Flat Products From India: 
Final Results of Antidumping Duty Administrative Review, 69 FR 
36060, 36362, n.2 (June 28, 2004).
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Notification to Importers

    This notice serves as a 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.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the

[[Page 42681]]

disposition of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(3). Timely written notification of 
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.
    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: July 12, 2011.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.

Appendix

Comment 1: Whether There is a Reviewable Entry
Comment 2: Application of Adverse Facts Available
Comment 3: Referral of this Matter to U.S. Customs and Border 
Protection

[FR Doc. 2011-18211 Filed 7-18-11; 8:45 am]
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