[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Notices]
[Pages 50996-50997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21006]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-849]
Affirmative Final Determination of Circumvention of the
Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate From
the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 23, 2010, the Department of Commerce (the Department)
published in the Federal Register the initiation of an antidumping
circumvention inquiry to determine if certain products were
circumventing the antidumping duty order on certain cut-to-length
carbon steel plate from the People's Republic of China (PRC).\1\ That
initiation indicated the merchandise subject to the inquiry was
produced by Wuyang Iron and Steel Co., Ltd. (Wuyang), but also noted
the Department intended ``to address whether its circumvention ruling
will apply to particular producers, exporters, and/or importers * * *
or to all U.S. imports'' of certain cut-to-length carbon steel plate
from the PRC. Id. at 21242. On February 22, 2011, the Department
published its notice of affirmative preliminary determination of
circumvention in which it found that imports from the PRC of certain
cut-to-length carbon steel plate products with 0.0008 percent or more
boron, by weight, regardless of the producer or exporter or importer of
the merchandise, and otherwise meeting the description of in-scope
merchandise, are within the class or kind of merchandise subject to the
order on certain cut-to-length carbon steel plate from the PRC.\2\ We
gave interested parties an opportunity to comment on the Preliminary
Determination, and received briefs and rebuttal briefs from various
parties. After evaluating the comments submitted by parties, we find no
basis for altering the preliminary determination referenced above.
Therefore, we continue to determine that imports of the aforementioned
merchandise are circumventing the order on cut-to-length carbon steel
plate from the PRC.
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\1\ See Certain Cut-to-Length Carbon Steel Plate from the
People's Republic of China: Initiation of Antidumping Circumvention
Inquiry, 75 FR 21241 (April 23, 2010).
\2\ See Affirmative Preliminary Determination of Circumvention
of the Antidumping Duty Order on Certain Cut-to-Length Carbon Steel
Plate from the People's Republic of China, 76 FR 9749 (February 22,
2011) (Preliminary Determination).
FOR FURTHER INFORMATION CONTACT: Steve Bezirganian 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-
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1131 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 22, 2011, the Department published its notice of
affirmative preliminary determination of circumvention. See Preliminary
Determination. The Department preliminarily determined that imports of
certain cut-to-length plate (defined below) were circumventing the
antidumping duty order on certain cut-to-length carbon steel plate from
the PRC. The Department also directed U.S. Customs and Border
Protection (CBP) to suspend liquidation of entries of such merchandise
and require case deposits on said entries. Id. at 9752.
In accordance with 19 CFR 351.225(f)(3), interested parties were
invited to comment on the preliminary determination within 20 days of
publication of the Preliminary Determination. Id. On March 14, 2011,
Wuyang and one of the U.S. importers of its merchandise, Stemcor USA
Inc. (Stemcor), submitted a joint case brief. On March 14, 2011,
ArcelorMittal USA LLC (ArcelorMittal USA) and Nucor Corporation
(Nucor), both U.S. producers, each submitted a case brief. On March 24,
2011, Wuyang and Stemcor submitted a joint rebuttal brief. On March 24,
2011, ArcelorMittal USA and Nucor each submitted a rebuttal brief.
On March 14, 2011, Wuyang and Stemcor submitted a joint request for
a hearing. On March 28, 2011, Wuyang and Stemcor withdrew their request
for a hearing, and no hearing was held.
Scope of the Order
The product covered by the order is certain cut-to-length carbon
steel plate from the People's Republic of China. Included in this
description is hot-rolled iron and non-alloy steel 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 thickness of not less than 4 mm, not in coils and without patterns in
relief), of rectangular shape, neither clad, plated nor coated with
metal, whether or not painted, varnished, or coated with plastics or
other nonmetallic substances; and certain iron and non-alloy steel
flat-rolled products not in coils, of rectangular shape, hot-rolled,
neither clad, plated, nor coated with metal, whether or not painted,
varnished, or coated with plastics or other nonmetallic substances,
4.75 mm or more in thickness and of a width which exceeds 150 mm and
measures at least twice the thickness. Included as subject merchandise
in the order are flat-rolled products of nonrectangular cross-section
where such cross-section is achieved subsequent to the rolling process
(i.e., products which have been ``worked after rolling'')--for example,
products which have been bevelled or rounded at the edges. This
merchandise is currently classified in the Harmonized Tariff Schedule
of the United States (HTSUS) under item numbers 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. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive. Specifically excluded from subject
merchandise
[[Page 50997]]
within the scope of the order is grade X-70 steel plate.
Merchandise Subject to the Minor Alterations Antidumping Circumvention
Proceeding
The merchandise subject to this antidumping circumvention inquiry
(inquiry merchandise) consists of all merchandise produced by Wuyang
containing 0.0008 percent or more boron, by weight, and otherwise
meeting the requirements of the scope of the antidumping duty order as
listed under the ``Scope of the Order'' section above, with the
exception of merchandise meeting all of the following requirements:
aluminum level of 0.02 percent or greater, by weight; a ratio of 3.4 to
1 or greater, by weight, of titanium to nitrogen; and a hardenability
test (i.e., Jominy test) result indicating a boron factor of 1.8 or
greater. This merchandise is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under item numbers
7225.40.3050, 7225.99.0090, 7226.91.5000, and 7226.99.0180. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of inquiry merchandise is
dispositive.
Affirmative Final Determination of Circumvention
The Department conducted this circumvention inquiry in accordance
with section 781(c) of the Tariff Act of 1930, as amended (the Act),
which deals with minor alterations of merchandise. The Department noted
in the Preliminary Determination the criteria typically used by the
Department to make determinations in such inquiries (i.e., the overall
physical characteristics of the merchandise, the expectations of the
ultimate users, the use of the merchandise, the channels of marketing
and the cost of any modification relative to the total value of the
imported products). See Preliminary Determination at 9750-51. The
Department preliminarily determined that imports from the PRC of
inquiry merchandise produced by Wuyang, regardless of exporter or
importer, are within the class or kind of merchandise subject to the
order on certain cut-to-length carbon steel plate from the PRC. The
Department also preliminarily determined that its ruling should apply
regardless of producer. In other words, all merchandise containing
0.0008 percent or more boron and otherwise meeting the description of
the scope of the order, and not meeting the three distinguishing
characteristics listed in the ``Merchandise Subject to the Minor
Alterations Antidumping Circumvention Proceeding'' section above (i.e.,
aluminum level of 0.02 percent or greater, by weight; a ratio of 3.4 to
1 or greater, by weight, of titanium to nitrogen; and a hardenability
test (i.e., Jominy test) result indicating a boron factor of 1.8 or
greater) are covered by the order.
Wuyang and Stemcor, ArcelorMittal USA, and Nucor each submitted
case briefs and rebuttal briefs. The Department has analyzed the
comments in its accompanying issues and decision memorandum and in a
separate final analysis memorandum. See ``Issues and Decision
Memorandum for the Final Results of the Circumvention Inquiry of the
Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate from
the People's Republic of China; Wuyang Iron and Steel Co., Ltd.'' and
``Final Analysis Memorandum for the Circumvention Inquiry of the
Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate from
the People's Republic of China; Wuyang Iron and Steel Co., Ltd.,''
respectively. The Department continues to find that it is appropriate
to consider all plate with at least 0.0008 percent boron content and
otherwise meeting the description of the scope to be covered by the
order, unless the merchandise also possesses the three distinguishing
characteristics referenced above. As noted in the Preliminary
Determination, this ruling, like those in some other circumvention
rulings, may be applied regardless of the manufacturers, exporters, or
importers involved, and the Department considers it to be appropriate
here to apply it on a countrywide basis, given that multiple parties
have been found to be circumventing the order using the same general
approach (i.e., inclusion of small, inconsequential amounts of an
alloying element in order to change the tariff classification from non-
alloy to alloy steel).
Continuation of Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(3), we are directing CBP to
continue to suspend liquidation of inquiry merchandise entered, or
withdrawn from warehouse, for consumption on or after April 23, 2010,
the date of publication of our initiation of this inquiry. See
Preliminary Determination at 9752; see also 19 CFR 351.225(l)(2). We
will also instruct CBP to continue to require a cash deposit of
estimated duties at the applicable rates for each unliquidated entry of
the product entered, or withdrawn from warehouse, for consumption on or
after April 23, 2010, in accordance with 19 CFR 351.225(l)(3).
Notice to Parties
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 affirmative final circumvention determination is published in
accordance with section 781(b) of the Act and 19 CFR 351.225.
Dated: August 9, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-21006 Filed 8-16-11; 8:45 am]
BILLING CODE 3510-DS-P