[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Notices]
[Pages 47593-47595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19577]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-849]


Certain Cut-to-Length Carbon Steel Plate From the People's 
Republic of China: Preliminary Results of Antidumping Administrative 
Review and Preliminary Determination of No Shipments

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

DATES: Effective Date: August 9, 2012.
SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on certain cut-to-
length carbon steel plate (``CTL plate'') from the People's Republic of 
China (``PRC'') for the period of review (``POR'') November 1, 2010, 
through October 31, 2011. This review covers four PRC companies.\1\ The 
Department preliminarily finds that Baosteel and Hunan Valin did not 
have reviewable transactions during the POR. Further, the Department 
preliminarily finds that because the other two respondents, Anshan and 
Liaoning, did not establish their eligibility for separate rate status, 
they will be treated as part of the PRC-wide entity. We intend to issue 
the final results no later than 120 days from the

[[Page 47594]]

date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Tariff Act of 1930, as amended (the ``Act'').
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 76 FR 
82268 (December 30, 2011) (``Initiation Notice''). The companies 
included in the review are as follows: Bao/Baoshan International 
Trade Corp./Bao Steel Metals Trading Corp. (``Baosteel''), Hunan 
Valin Xiangtan Iron & Steel Co., Ltd. (``Hunan Valin''), Anshan Iron 
& Steel Group (``Anshan''), and China Metallurgical Import and 
Export Liaoning Company (``Liaoning'').

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
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Washington, DC 20230; telephone: (202) 482-0989.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2011, the Department published a notice of an 
opportunity to request an administrative review of the antidumping duty 
order on CTL plate from the PRC.\2\ On November 30, 2011, Nucor 
Corporation (``Petitioner'') requested a review of four companies.\3\ 
On December 30, 2011, the Department initiated the review of these four 
companies.\4\ On January 3, 2012, the Department notified parties that 
the results of our U.S. Customs and Border Protection (``CBP'') query 
indicated that none of the companies for which Petitioner requested a 
review had shipped subject merchandise during the POR.\5\ On January 9, 
2012, Petitioner placed certain data on the record from a secondary 
source and claimed that Hunan Valin sold subject merchandise to the 
United States during the POR at less than normal value. Petitioner 
requested that the Department verify the results of the CBP query with 
a separate quantity and value questionnaire.\6\ Baosteel and Hunan 
Valin each certified that the company had no shipments of subject 
merchandise to the United States during the POR on January 24, 2012,\7\ 
and February 28, 2012,\8\ respectively. On March 21, 2012, the 
Department sent a request to CBP to identify any information contrary 
to Baosteel's and Hunan Valin's claims of no-shipments.\9\
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    \2\ See Antidumping or Countervailing Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 76 FR 67413 (November 1, 2011).
    \3\ See Letter from Petitioner to the Department of Commerce, 
Re: Request for Administrative Review, dated November 30, 2011.
    \4\ See Initiation Notice.
    \5\ See Memorandum from Patrick O'Connor to the File, Re: 
Antidumping Duty Administrative Review of Certain Cut-to-Length 
Carbon Steel Plate from the People's Republic of China, dated 
January 3, 2012.
    \6\ See Letter from Petitioner to the Department of Commerce, 
Re: Comments on CBP Query (``Petitioner's CBP Comments''), dated 
January 9, 2012.
    \7\ See Letter from Baosteel to the Department of Commerce, Re: 
No Sales Certification, dated January 24, 2012.
    \8\ See Letter from Hunan Valin to the Department of Commerce, 
Re: No Shipment Letter, dated February 28, 2012.
    \9\ See Instructions from the Department to CBP, Re: No 
Shipments Inquiry for Certain Cut to Length Carbon Steel Plate from 
the People's Republic of China Exported by Baoshan or Hunan Valin 
XiangTan Iron & Steel Co., Ltd., Message number 2081304, dated March 
21, 2012 (``CBP Inquiry'') available at the following URL: http://addcvd.cbp.gov/index.asp?ac=home.
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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 millimeters (``mm'') but not 
exceeding 1250 mm and of a thickness of not less than 4 mm, not in 
coils and without patterns of 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 covered 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 this 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 
beveled 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, 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 within the scope of the 
order is grade X-70 steel plate.

Preliminary Determination of No Shipments

    As noted in the ``Background'' section above, Baosteel and Hunan 
Valin have submitted timely-filed certifications indicating that they 
had no shipments of subject merchandise to the United States during the 
POR. In addition, CBP did not provide any evidence that is 
contradictory to Baosteel's and Hunan Valin's claims of no shipments in 
response to our no-shipment inquiry asking CBP for such 
information.\10\ Further, on January 3, 2012, the Department released 
to interested parties the results of a CBP query that it intended to 
use for corroboration of Baosteel's and Hunan Valin's no shipment 
claims. The Department received comments from Petitioner concerning the 
results of the CBP query.\11\
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    \10\ See CBP Inquiry.
    \11\ See Petitioner's CBP Comments.
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    Although Petitioner argues that the data from its secondary source 
show that the results of the Department's CBP query are inconclusive 
with respect to Hunan Valin,\12\ when determining whether entries were 
made, the Department's preference is to use CBP data because they are a 
primary source, as opposed to a secondary source, which may be prone to 
errors in the data collection and aggregation process.\13\ Moreover, 
the Department weighs CBP data more heavily because it contains the 
actual entry information for shipments. The data that Petitioner put on 
the record reflect secondary information, derived from shipping 
manifests, and are not necessarily a representation of products that 
have entered for consumption. Thus, we find that the CBP data are a 
more reliable source. Further, although Petitioner requested that the 
Department issue a quantity and value questionnaire to Hunan Valin, the 
company has already reported that it made no shipments of subject 
merchandise during the POR; thus, it is not necessary to request 
further information from Hunan Valin in the form of a separate quantity 
and value questionnaire per Petitioner's request.
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    \12\ See ibid.
    \13\ See, e.g., Honey from the People's Republic of China: Final 
Results and Rescission of Antidumping New Shipper Reviews, 76 FR 
4289 (January 25, 2011), and accompanying Issues and Decision 
Memorandum at Comment 3.
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    Based on the certifications of Baosteel and Hunan Valin and our 
analysis of CBP information, we preliminarily determine that Baosteel 
and Hunan Valin did not have any reviewable transactions during the 
POR. In addition, the Department finds that consistent with its 
recently announced refinement to its assessment practice in NME cases, 
it is appropriate not to rescind the review in part in these 
circumstances but, rather, to complete the review with respect to 
Baosteel and

[[Page 47595]]

Hunan Valin and issue appropriate instructions to CBP based on the 
final results of the review. See Non-Market Economy Antidumping 
Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (Oct. 24, 
2011) and the ``Assessment Rates'' section, below.

Separate Rates

    In the Initiation Notice, we informed entities of the opportunity 
to request a separate rate. In proceedings involving non-market economy 
(``NME'') countries, the Department begins with a rebuttable 
presumption that all entities within the country are subject to 
government control and, thus, should be assigned a single antidumping 
duty deposit rate. It is the Department's policy to assign all 
exporters of merchandise subject to an administrative review involving 
an NME country this single rate unless an exporter can demonstrate that 
it is sufficiently independent so as to be entitled to a separate rate.
    Entities that wanted to be considered for a separate rate in this 
review were required to timely file a separate rate application or a 
separate rate certification to demonstrate eligibility for a separate 
rate. Separate rate applications and separate rate certifications were 
due to the Department within 60 calendar days of the publication of the 
Initiation Notice. Neither Anshan nor Liaoning filed separate rate 
applications or certifications with the Department. Therefore, neither 
entity has established its eligibility for separate rate status. Thus, 
we are continuing to treat Anshan and Liaoning as part of the PRC-wide 
entity. The PRC-wide rate is 128.59 percent.

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, pursuant to 19 CFR 
351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the 
case briefs, will be due five days after the due date for case briefs, 
pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal 
briefs in this proceeding are requested to submit with each argument a 
statement of the issue, a summary of the argument not to exceed five 
pages, and a table of statutes, regulations, and cases cited, in 
accordance with 19 CFR 351.309(c)(2).
    Pursuant to 19 CFR 351.310(c), 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, 
U.S. Department of Commerce, filed electronically using Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, IA ACCESS, by 5:00 p.m. Eastern 
Standard Time, within 30 days after the date of publication of this 
notice.\14\ 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. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. The Department intends to 
issue the final results of this administrative review, including the 
results of its analysis of the issues raised in any written briefs, not 
later than 120 days after the date of publication of this notice, 
pursuant to section 751(a)(3)(A) of the Act.
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    \14\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. The Department intends to instruct CBP to 
liquidate entries of subject merchandise from Anshan and Liaoning at 
the PRC-wide rate of 128.59 percent. Additionally, pursuant to a 
recently announced refinement to its assessment practice in NME cases, 
if the Department continues to determine that an exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the PRC-wide rate. For a full discussion of 
this practice, see Non-Market Economy Antidumping Proceedings: 
Assessment of Antidumping Duties, 76 FR 65694 (Oct. 24, 2011).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For Baosteel and 
Hunan Valin, which claimed no shipments, the cash deposit rate will 
remain unchanged from the rate assigned to these companies in the most 
recently completed review of the companies; (2) for previously 
investigated or reviewed PRC and non-PRC exporters who are not under 
review in this segment of the proceeding but who have separate rates, 
the cash deposit rate will continue to be the exporter-specific rate 
published for the most recent period; (3) for all PRC exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, including Anshan and Liaoning, the cash deposit rate 
will be the PRC-wide rate of 128.59 percent; \15\ and (4) for all non-
PRC exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter(s) that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \15\ For an explanation of the calculation of the PRC-wide rate, 
see Final Determination of Sales at Less Than Fair Value: Certain 
Cut-to-Length Carbon Steel Plate from the People's Republic of 
China, 62 FR 61964, 61965 (November 20, 1997).
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Notification to Importers

    This notice also 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 duties prior to liquidation 
of the relevant entries during this period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(5).

    Dated: August 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-19577 Filed 8-8-12; 8:45 am]
BILLING CODE 3510-DS-P