[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54521-54523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22855]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


Certain Hot-Rolled Carbon Steel Flat Products From India: Notice 
of Preliminary Results of 2013-2014 Antidumping Duty Administrative 
Review

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

SUMMARY: In response to a request from the Petitioner,\1\ the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on certain hot-rolled carbon steel 
flat products from India (hot-rolled steel). The period of review (POR) 
is December 1, 2013, through November 30, 2014. This review covers four 
companies, Ispat Industries Ltd. (Ispat), JSW Steel Ltd. (JSW), JSW 
Ispat Steel Ltd. (JSW Ispat), and Tata Steel Ltd. (Tata). We 
preliminarily determine that Ispat, JSW, JSW Ispat, and Tata had no 
entries of subject merchandise during the POR. Interested parties are 
invited to comment on these preliminary results.
---------------------------------------------------------------------------

    \1\ The Petitioner is Nucor Corporation.

---------------------------------------------------------------------------
DATES: Effective Date: September 10, 2015.

FOR FURTHER INFORMATION CONTACT: George McMahon or Eric Greynolds, AD/
CVD Operations Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1167 and (202) 482-6071, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to this order is certain hot-rolled carbon 
steel flat products from India. The merchandise subject to this order 
is currently classifiable 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. Products subject to 
this order may also enter under HTSUS subheadings: 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 Department's written 
description of the merchandise subject to this order is dispositive.\2\
---------------------------------------------------------------------------

    \2\ A full description of the scope of the order is contained in 
the memorandum to Paul Piquado, Assistant Secretary for Enforcement 
and Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, titled ``Certain 
Hot-Rolled Carbon Steel Flat Products from India: Decision 
Memorandum for the Preliminary Results of the Antidumping Duty 
Administrative Review; 2013-2014'' (Preliminary Decision 
Memorandum), dated concurrently with and adopted by this notice.
---------------------------------------------------------------------------

Methodology

    The Department conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full 
description of the methodology underlying our preliminary results, 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 (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and is available to all 
parties in the Central Records Unit, Room B8024 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/index.html. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an Appendix to this notice.

[[Page 54522]]

Preliminary Determination of No Shipments

    Ispat, JSW, JSW Ispat, and Tata submitted timely-filed 
certifications that they had no exports, sales, or entries of subject 
merchandise during the POR,\3\ and a query of U.S. Customs and Border 
Protection (CBP) data did not show any POR entries of subject 
merchandise by Ispat, JSW, JSW Ispat, and Tata.\4\ In addition, CBP did 
not identify any entries of subject merchandise from Ispat, JSW, JSW 
Ispat, and Tata during the POR in response to an inquiry from the 
Department asking CBP for such information.\5\ Based on the foregoing, 
the Department preliminarily determines that Ispat, JSW, JSW Ispat, and 
Tata had no shipments of the subject merchandise, and, therefore, no 
reviewable transactions, during the POR.
---------------------------------------------------------------------------

    \3\ See Letter from JSW titled, ``Certain Hot-Rolled Carbon 
Steel Flat Products from India: No Shipment Certification of JSW 
Steel Ltd.'' (February 27, 2015). JSW's letter stated, 
``{p{time} lease note that this statement applies as well to the 
companies listed in the Department's initiation notice as Ispat 
Industries Ltd. and JSW Ispat Steel Ltd. Those companies no longer 
exist as separate entities, but have been merged into JSW Steel.'' 
See Letter from Tata titled, ``Antidumping Duty Review of Certain 
Hot-Rolled Carbon Steel Flat Products from India: Tata Steel Limited 
Certification of No Shipments'' (March 10, 2015); see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 80 FR 6041 (February 4, 2015).
    \4\ See Memorandum to the File titled, ``Customs and Border 
Protection (CBP) Data Query Results,'' dated February 4, 2015; see 
also Memorandum to the File titled, ``Customs and Border Protection 
(CBP) Data Query Results based on Second Data Query,'' dated 
February 24, 2015.
    \5\ See CBP Message Number 5204308, dated July 23, 2015.
---------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results of this administrative review, 
the Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries, in accordance with 19 CFR 351.212. 
The Department intends to issue assessment instructions to CBP 15 days 
after publication of the final results of this review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\6\ If applicable, this clarification will apply to all 
entries of subject merchandise during the POR produced or exported by 
Ispat, JSW, JSW Ispat, and Tata, for which these companies did not know 
that its merchandise was destined for the United States. Furthermore, 
this clarification applies to all POR entries entered under the case 
number for Ispat, JSW, JSW Ispat, and Tata if we continue to make a 
final determination of no shipments of subject merchandise, because 
these companies and their representatives certified that they made no 
POR shipments of subject merchandise for which they had knowledge of 
U.S. destination. In such instances, we will instruct CBP to liquidate 
these entries at the all others rate established in the less-than fair-
value (LTFV) investigation, as amended, which is 38.72 percent,\7\ if 
there is no rate for the intermediary involved in the transaction. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.\8\
---------------------------------------------------------------------------

    \6\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
    \7\ See Notice of Amended Final Antidumping Duty Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: Certain 
Hot-Rolled Carbon Steel Flat Products from India, 66 FR 60194 
(December 3, 2001) (Amended Final Determination).
    \8\ See Assessment Policy Notice for a full discussion of this 
clarification; see also, e.g., Magnesium Metal From the Russian 
Federation: Final Results of Antidumping Duty Administrative Review, 
75 FR 56989, 56990 (September 17, 2010).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rates for respondents noted above, 
which claimed no shipments, will remain unchanged from the rates 
assigned to the companies in the most recently completed review of the 
companies; (2) for merchandise exported by manufacturers or exporters 
not covered in this administrative review but covered in a prior 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published for the most recently completed 
segment of this proceeding; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recently completed segment of this proceeding for the 
manufacturer of the subject merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be 38.72 
percent, the all-others rate established in the LTFV investigation, as 
amended. These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii) interested parties may submit 
case briefs not 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.\9\ Parties who submit comments are requested to submit: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\10\ All briefs must be filed electronically 
using ACCESS. An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, ACCESS.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
using Enforcement and Compliance's ACCESS system within 30 days of 
publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) The number of participants; 
and (3) A list of the issues parties intend to discuss. If a request 
for a hearing is made, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a time and location to be determined.\11\ 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act, the Department will issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in their case briefs, 
within 120 days after issuance of these preliminary results.

Notification to Importers

    This notice 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and increase the 
subsequent

[[Page 54523]]

assessment of the antidumping duties by the amount of antidumping 
duties reimbursed.
    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Results Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Recommendation

[FR Doc. 2015-22855 Filed 9-9-15; 8:45 am]
 BILLING CODE 3510-DS-P