[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Notices]
[Pages 44155-44157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17974]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-865]


Certain Hot-Rolled Carbon Steel Flat Products From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products (``hot-rolled steel'') from the 
People's Republic of China (``PRC''), covering the period of review 
(``POR'') November 1, 2012 through October 31, 2013. The Department 
preliminarily determines that Baosteel Group Corporation, Shanghai 
Baosteel International Economic & Trading Co., Ltd., and Baoshan Iron 
and Steel Co., Ltd. (collectively, ``Baosteel'') had no shipments of 
subject merchandise to the United States during the POR.

DATES: Effective Date: July 30, 2014.

FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington DC 20230; telephone (202) 482-0116.

SUPPLEMENTARY INFORMATION:

Background

    The Department is conducting an administrative review of the 
antidumping duty order on hot-rolled steel from the PRC pursuant to 
section 751(a)(1) of the Tariff Act of 1930, as amended (``Act''). On 
November 29, 2001, the Department published in the Federal Register an 
antidumping duty order on hot-rolled steel from the PRC.\1\ On November 
27, 2013, and December 2, 2013, Nucor Corporation (``Nucor'') and 
United States Steel Corporation (``U.S. Steel''), respectively, 
submitted requests for an administrative review of Baosteel.\2\ On 
December 30, 2013,

[[Page 44156]]

pursuant to the requests from Nucor and U.S. Steel, the Department 
published a notice of initiation of an administrative review of the 
antidumping duty order on hot-rolled steel from the PRC covering the 
period November 1, 2012, to October 31, 2013, for one company, 
Baosteel.\3\ On January 27, 2013, in response to the Department's 
Initiation Notice, Baosteel certified that it had no sales of subject 
merchandise during the POR.\4\
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    \1\ See Notice of Antidumping Duty Order: Certain Hot-Rolled 
Carbon Steel Flat Products from the People's Republic of China, 66 
FR 59561 (November 29, 2001).
    \2\ See Certain Hot-Rolled Carbon Steel Flat Products from the 
People's Republic of China: Request for Administrative Review, dated 
November 27, 2013, and Hot-Rolled Carbon Steel Flat Products from 
the People's Republic of China: Request for Administrative Review, 
dated December 2, 2013.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
79392 (December 30, 2013) (``Initiation Notice'').
    \4\ See Letter from Baosteel regarding Certain Hot-Rolled Carbon 
Steel Flat Products from the People's Republic of China 
Certification of No Sales, dated January 27, 2013 (``Baosteel No 
Sales Certification'').
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Scope of the Order

    The products covered by the order are 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. The merchandise subject to the order is classified 
in the Harmonized Tariff Schedule of the United States (``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 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 
written description of the merchandise subject to the order is 
dispositive.\5\
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    \5\ For a complete description of the scope of the subject 
antidumping duty order, see Memorandum to Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, entitled ``Decision Memorandum for Preliminary Results 
of 2012-2013 Antidumping Duty Administrative Review: Certain Hot-
Rolled Carbon Steel Flat Products from the People's Republic of 
China'' (``Preliminary Decision Memorandum''), dated concurrently 
with these results and hereby adopted by this notice.
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Methodology

    For a full description of the methodology underlying our 
conclusion, please see the Preliminary Decision Memorandum. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance'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 Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Determination of No Shipments

    As noted in the ``Background'' section above, Baosteel has 
submitted a timely-filed certification indicating that it had no sales 
of subject merchandise to the United States during the POR.\6\ Based on 
the certification of Baosteel and our analysis of U.S. Customs & Border 
Protection (``CBP'') information, the Department preliminarily 
determines that Baosteel did not have any reviewable transactions 
during the POR. In addition, consistent with the Department's 
refinement to its assessment practice in non-market economy (``NME'') 
cases, the Department finds that it is appropriate not to rescind the 
review in these circumstances but rather, to complete the review with 
respect to Baosteel and issue appropriate instructions to CBP based on 
the final results of the review.\7\
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    \6\ See Baosteel No Sales Certification.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) 
(``Assessment Practice Refinement'') and the ``Assessment Rates'' 
section below.
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Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\8\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\9\ Case and rebuttal briefs should be filed electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS'').\10\
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    \8\ See 19 CFR 351.309(d).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See 19 CFR 351.303.
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    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 Enforcement and 
Compliance, filed electronically via IA ACCESS. An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern 
Standard Time within 30 days after the date of publication of this 
notice.\11\ 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 and rebuttal briefs.
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    \11\ See 19 CFR 351.310(c).
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    The Department will 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.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries. 
The Department intends to issue assessment instructions

[[Page 44157]]

to CBP 15 days after the date of publication of the final results of 
review. Pursuant to the refinement to its assessment practice in NME 
cases, if the Department continues to determine that an exporter under 
review had no shipments of 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.\12\
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    \12\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694-95.
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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 from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For Baosteel, which 
claimed no shipments, the cash deposit rate will remain unchanged from 
the rate assigned to the company in the most recently completed review 
of the company; (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that 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 which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the PRC-wide rate of 90.83 percent; 
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.

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 review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

     July 23, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-17974 Filed 7-29-14; 8:45 am]
BILLING CODE 3510-DS-P