[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Notices]
[Pages 16252-16254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05932]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-821; C-560-813; C-549-818]


Certain Hot-Rolled Carbon Steel Flat Products From India, 
Indonesia, and Thailand: Final Results of Expedited Sunset Reviews

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

SUMMARY: On November 1, 2010, the Department of Commerce (``the 
Department'') initiated the second sunset reviews of the countervailing 
duty (``CVD'') orders on certain hot-rolled carbon steel flat products 
(``HR steel'') from India, Indonesia, and Thailand pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``the Act''). On the 
basis of notices of intent to participate and adequate substantive 
responses filed on behalf of the domestic interested parties and 
inadequate responses from respondent interested parties (in these 
cases, no responses), the Department conducted expedited sunset reviews 
of these CVD orders pursuant to section 751(c)(3)(B) of the Act and 19 
CFR 351.218(e)(1)(ii)(B). As a result of these sunset reviews, the 
Department finds that revocation of the CVD orders would be likely to 
lead to continuation or recurrence of a countervailable subsidy at the 
level indicated in the ``Final Results of Reviews'' section of this 
notice.

DATES: Effective Date: March 14, 2013.

FOR FURTHER INFORMATION CONTACT: Eric Greynolds (India and Indonesia), 
Hilary Sadler or Dana Mermelstein (Thailand), AD/CVD Operations, Import 
Administration, International Trade

[[Page 16253]]

Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6071, (202) 482-4340 or 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 5, 2012, the Department initiated sunset reviews of the 
CVD orders on HR steel from India, Indonesia, and Thailand, pursuant to 
section 751(c) of the Act.\1\ The Department received a notice of 
intent to participate in each of these reviews from the following 
domestic interested parties: United States Steel Corporation (U.S. 
Steel); ArcelorMittal USA, LLC (ArcelorMittal); Nucor Corporation 
(Nucor); Gallatin Steel (Gallatin); Steel Dynamics Inc. (Steel 
Dynamics), and SSAB Americas (SSAB) (collectively, ``domestic 
interested parties'') within the deadline specified in 19 CFR 
351.218(d)(1)(i). The domestic interested parties claimed interested 
party status under section 771(9)(C) of the Act.
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 77 FR 
66439 (November 5, 2012).
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    The Department received adequate substantive responses collectively 
from the domestic interested parties within the 30-day deadline 
specified in 19 CFR 351.218(d)(3)(i). The Department did not receive a 
substantive response from any government or respondent interested party 
to the Indian or Indonesian proceedings. The Department received a 
substantive response from the Royal Thai Government but received no 
responses from the respondent interested parties, i.e., the Thai 
exporters and producers of HR steel. The regulations provide, at 19 CFR 
351.218 (e)(1)(ii)(A), that the Department will normally conclude that 
respondent interested parties have provided adequate response to a 
notice of initiation where it receives complete substantive responses 
from respondent interested parties accounting on average for more than 
50 percent, on a volume basis (or a value basis, if appropriate), of 
the total exports of the subject merchandise to the United States over 
the five calendar years preceding the year of publication of the notice 
of initiation. Because the Department received no responses from the 
respondent interested parties, the Department conducted expedited 
reviews of these CVD orders, pursuant to section 751(c)(3)(B) of the 
Act and 19 CFR 351.218(e)(1)(ii)(C)(2).

Scope of the Orders

    The merchandise subject to these orders is hot-rolled steel 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 these orders.
    Specifically included within the scope of these orders 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 orders, 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 descriptions 
provided above are within the scope of the orders unless otherwise 
excluded. The following products, by way of example, are outside or 
specifically excluded from the scope of the orders:

--Alloy hot-rolled steel products in which at least one of the chemical 
elements exceeds those listed above (including, 3, 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.
--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 orders is classified 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 flat products covered by the 
orders, 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,

[[Page 16254]]

7210.90.90.00, 7211.14.00.30, 7212.40.10.00, 7212.40.50.00, and 
7212.50.00.00.
    Although the HTSUS numbers are provided for convenience and customs 
purposes, the written product description remains dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the Issues and 
Decision Memorandum for the Final Results of Expedited Second Sunset 
Reviews of the Countervailing Duty Orders on Certain Hot-Rolled Carbon 
Steel Flat Products from India and Indonesia (``Decision Memorandum'') 
and the Issues and Decision Memorandum for the Final Results of the 
Expedited Second Sunset Review of the Countervailing Duty Order on 
Certain Hot-Rolled Carbon Steel Flat Products from Thailand (``Thai 
Decision Memorandum'') both of which are from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Paul Piquado, Assistant Secretary for Import Administration, are 
dated concurrently with this final notice, and are hereby adopted by 
this notice. Parties can find a complete discussion of all issues 
raised in these expedited sunset reviews and the corresponding 
recommendations in these public memoranda which are on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Decision Memorandum can be accessed directly on the Internet at 
http://www.trade.gov/ia/. The signed Decision Memorandum and the 
electronic versions of the Decision Memorandum are identical in 
content.

Final Results of Reviews

    The Department determines that revocation of the CVD orders would 
be likely to lead to continuation or recurrence of a countervailable 
subsidy at the rates listed below:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                  Producers/Exporters                        subsidy
                                                            (percent)
------------------------------------------------------------------------
India
    Essar Steel Limited................................           539.89
    Ispat Industries Limited...........................           563.50
    Steel Authority of India (``SAIL'')................           549.88
    Tata Iron and Steel Company Limited................           540.78
    All other producers/manufacturers/exporters........           547.71
Indonesia
    P.T. Krakatau Steel................................            10.21
    All Others.........................................            10.21
Thailand
    Sahaviriya Steel Industries Public Company Limited              2.38
     (``SSI'').........................................
    All Others.........................................             2.38
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
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.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: March 5, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-05932 Filed 3-13-13; 8:45 am]
BILLING CODE 3510-DS-P