[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62039-62040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25937]


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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 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'') has conducted 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 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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DATES: Effective Date: October 6, 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 June 2, 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 2009-2010 Antidumping Duty 
Administrative Review, 76 FR 31938 (June 2, 2011) (``Preliminary 
Results'').
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    The Department received no comments on the Preliminary Results.

Period of Review

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

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.
     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,

[[Page 62040]]

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

    The Department received no comments regarding the Preliminary 
Results of this review.

Final Results of Review

    We continue to determine that 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.\3\ 
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.\4\
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    \3\ See Antidumping Duties; Countervailing Duties: Final Rule, 
62 FR 27296, 27393 (May 19, 1997).
    \4\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954, 23954 (May 6, 2003) 
(Assessment Policy Notice).
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    Based on Ispat, JSW, and Tata's assertions of no shipments and 
confirmation of those claims by examination of CBP data, we continue to 
determine that Ispat, JSW, and Tata had no sales to the United States 
during the POR.\5\
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    \5\ See Preliminary Results, 76 FR at 31939.
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    Because ``as entered'' liquidation instructions do not alleviate 
the concerns which the May 2003 clarification was intended to address, 
we continue to 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.\6\ In 
addition, the Department affirms its previous position in the 
Preliminary Results that it is more consistent with the May 2003 
clarification not to rescind the review in part under these 
circumstances but, rather, to complete the review of Ispat, JSW, and 
Tata and issue appropriate instructions to CBP consistent with these 
final results.\7\
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    \6\ See, e.g., Magnesium Metal From the Russian Federation: 
Final Results of Antidumping Duty Administrative Review, 75 FR 
56989, 56989-90 (September 17, 2010).
    \7\ See Preliminary Results, 76 FR at 31939-40.
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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 (``the Act''): (1) 
For 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 this review, a prior review, or the 
original less-than-fair-value (``LTFV'') investigation, but the 
Department examined the manufacturer in one of those proceedings, then 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding 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 in the LTFV 
investigation.\8\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \8\ 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).
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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 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: September 30, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-25937 Filed 10-5-11; 8:45 am]
BILLING CODE 3510-DS-P