[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27412-27414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10765]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-821]


Certain Hot-Rolled Carbon Steel Flat Products From India: 
Implementation of Determinations Under Section 129 of the Uruguay Round 
Agreements Act

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

SUMMARY: On April 18, 2016, the U.S. Trade Representative (USTR) 
instructed the Department of Commerce (the Department) to implement its 
determinations under section 129 of the Uruguay Round Agreements Act 
(URAA), regarding several countervailing duty (CVD) administrative 
reviews, which render them not inconsistent with the World Trade 
Organization (WTO) dispute settlement findings in United States--

[[Page 27413]]

Countervailing Duty Measures on Certain Hot-Rolled Carbon Steel Flat 
Products from India--(DS436).\1\ The Department issued its final 
determinations in these section 129 proceedings on April 18, 2015. The 
Department is now implementing these final determinations.
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    \1\ See Memorandum to the File, ``Hot-Rolled Carbon Steel Flat 
Products from India, Section 129 Determination (DS436) Placement of 
Letter from the United States Trade Representative (USTR) to the 
Secretary of Commerce (dated April 18, 2016),'' (April 25, 2016).

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DATES: Effective April 18, 2016.

FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, Patricia Tran, or 
Samuel Brummitt, 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) 482-6071, (202) 482-1503, or (202) 482-7851, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 23, 2015, the Department informed interested parties 
that it was initiating proceedings under section 129 of the URAA to 
implement the findings of the WTO dispute settlement panel in DS436.\2\ 
Specifically, the Department issued preliminary determinations 
regarding: (1) Facts Available; \3\ and (2) Other Issues.\4\
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    \2\ See Certain Hot-Rolled Carbon Steel Flat Products from 
India: Notice of Commencement of Compliance Proceedings Pursuant to 
Section 129 of the Uruguay Round Agreements Act, 80 FR 57336 
(September 23, 2015).
    \3\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Section 129(b) Proceeding: United 
States--Countervailing Duty Measures on Certain Hot-Rolled Carbon 
Steel Flat Products from India (WTO/DS436): Preliminary 
Determinations of Facts Available,'' (March 17, 2016).
    \4\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Section 129 Proceeding: United 
States--Countervailing Duty Measures on Certain Hot-Rolled Carbon 
Steel Flat Products from India (WTO/DS436): Preliminary 
Determination on Other Issues,'' (March 18, 2016).
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    The Department invited interested parties to comment on the section 
129 preliminary determinations.\5\ After receiving comments, rebuttal 
comments, and a hearing on April 8, 2016, the Department issued the 
final determination on April 14, 2016.\6\
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    \5\ See Department Memorandum to the File, ``Section 129 
Proceedings: United States--Countervailing Duty (CVD) Measures on 
Certain Hot-Rolled Carbon Steel Products from India (WTO/DS436): 
Schedule for written argument and a hearing,'' (March 21, 2016).
    \6\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Section 129 Proceeding: United 
States--Countervailing Duty Measures on Certain Hot-Rolled Carbon 
Steel Flat Products from India (WTO/DS436): Final Determination,'' 
(April 14, 2016).
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    On April 18, 2016, USTR notified the Department that, consistent 
with section 129(b)(3) of the URAA, consultations with the Department 
and the appropriate congressional committees with respect to the April 
14, 2016, determination have been completed. Also on April 18, 2016, in 
accordance with section 129(b)(4) of the URAA, USTR directed the 
Department to implement these determinations.

Nature of the Proceedings

    Section 129 of the URAA governs the nature and effect of 
determinations issued by the Department to implement findings by WTO 
dispute settlement panels and the Appellate Body. Specifically, section 
129(b)(2) of the URAA provides that ``notwithstanding any provision of 
the Tariff Act of 1930,'' upon a written request from USTR, the 
Department shall issue a determination that would render its actions 
not inconsistent with an adverse finding of a WTO panel or the 
Appellate Body.\7\ The Statement of Administrative Action, U.R.A.A., H. 
Doc. 316, Vol. 1, 103d Cong. (1994) (SAA), variously refers to such a 
determination by the Department as a ``new,'' ``second,'' and 
``different'' determination.\8\ After consulting with the Department 
and the appropriate congressional committees, USTR may direct the 
Department to implement, in whole or in part, the new determination 
made under section 129 of the URAA.\9\ Pursuant to section 129(c) of 
the URAA, the new determination shall apply with respect to 
unliquidated entries of the subject merchandise that are entered or 
withdrawn from warehouse, for consumption, on or after the date on 
which USTR directs the Department to implement the new 
determination.\10\ The new determination is subject to judicial review, 
separate and apart from judicial review of the Department's original 
determination.\11\
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    \7\ See 19 U.S.C. 3538(b)(2).
    \8\ See SAA at 1025, 1027.
    \9\ See 19 U.S.C. 3538(b)(4).
    \10\ See 19 U.S.C. 3538(c).
    \11\ See 19 U.S.C. 1516(a)(2)(B)(vii).
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Final Determinations: Analysis of Comments Received

    The issues raised in the comments and rebuttal comments submitted 
by interested parties to these proceedings are addressed in the final 
determination. The issues included in the respective final 
determinations are as follows: (1) Ocean Freight; (2) Whether the CVD 
Rate Determined for JSW in the Department's 129 Proceeding Supersedes 
the Amended Final Results for JSW for the 2006 Administrative Review; 
(3) JSW's Cash Deposit Rate for Future Entries of Hot-rolled Carbon 
Steel Flat Products From India; (4A) Iron Ore Benchmarks: Tier I 
Benchmarks; (4B) Iron Ore Benchmarks: NMDC's export price to Japan; (5) 
NMDC as a Public Body; (6) Mining Rights of Iron Ore; (7) Mining of 
Coal; (8) Administration of Section 129 Proceeding; and (9) Specificity 
of Sale of High-Grade Iron Ore by NMDC. The final determination 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, complete versions of the final determinations can be 
accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed version of the final determination and the 
electronic version of the final determinations are identical in 
content.

Final Determinations: Recalculated Countervailing Duty Rates

    The recalculated CVD rates are listed below. As indicated, we made 
changes to the net subsidy rates in certain segments.\12\ The net 
subsidy rates for the remaining CVD segments in DS436 are unchanged.
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    \12\ See Final Results of Countervailing Duty Administrative 
Review: Certain Hot-Rolled Carbon Steel Flat Products From India, 73 
FR 40295 (July 14, 2008) (2006 Final Results); Final Results of 
Countervailing Duty Administrative Review: Certain Hot-Rolled Carbon 
Steel Flat Products From India, 74 FR 20923 (May 6, 2009); (2007 
Final Results); and Final Results of Countervailing Duty 
Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products 
From India, 75 FR 43488 (July 26, 2010) (2008 Final Results).

[[Page 27414]]



 Amended Countervailable Subsidy Rates Ad Valorem (Percent)--2006 Final
                                 Results
------------------------------------------------------------------------
                                       CVD rate
        Exporter/producer           (administrative    Revised CVD rate
                                        review)
------------------------------------------------------------------------
JSW Steel Ltd...................         \13\ 484.41              215.54
Tata Steel Ltd..................               27.22               18.81
Essar Steel India Limited \14\..               17.50               15.40
Ispat Industries Ltd............               15.27               14.82
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 Amended Countervailable Subsidy Rates Ad Valorem (Percent)--2007 Final
                                 Results
------------------------------------------------------------------------
                                      CVD rate
       Exporter/producer          (administrative      Revised CVD rate
                                      review)
------------------------------------------------------------------------
Essar Steel India Limited \15\               76.88                68.77
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 Amended Countervailable Subsidy Rates Ad Valorem (Percent)--2008 Final
                                 Results
------------------------------------------------------------------------
                                      CVD rate
       Exporter/producer          (administrative      Revised CVD rate
                                      review)
------------------------------------------------------------------------
Tata Steel Ltd \16\...........         \17\ 577.28               140.18
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Implementation of the Revised Cash Deposit Requirements
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    \13\ Pursuant to a litigation settlement, the Department 
published an amended final results; instructed U.S. Customs and 
Border Protection (CBP) requiring the liquidation of entries during 
the 2006 POR at 76.88 percent; and issued instructions to CBP 
establishing the future cash deposit rate for JSW Steel Ltd. at the 
rate of 76.88 percent. See Certain Hot-Rolled Carbon Steel Flat 
Products From India: Amended Final Results of Countervailing Duty 
Administrative Review Pursuant to Court Decision, 75 FR 80455 
(December 22, 2010).
    \14\ In the 2006 Final Results, Essar Steel India Limited was 
referred to as Essar Steel Ltd.
    \15\ In the 2007 Final Results, Essar Steel India Limited was 
referred to as Essar Steel Ltd.
    \16\ In the 2008 Final Results, Tata Steel Ltd. was referred to 
as Tata Steel Limited.
    \17\ Pursuant to a litigation settlement, the Department 
published an amended final; calculated the total amount of duties 
due on the three entries covered by the litigation based on 102.74 
percent and issue instructions to U.S. Customs and Border Protection 
(CBP) requiring the total amount of duties due to be assessed on the 
remaining two entries; and issue instructions to CBP establishing 
the future cash deposit rate for Tata Steel Ltd. at the rate of 
102.74 percent. See Certain Hot-Rolled Carbon Steel Flat Products 
From India: Amended Final Results of Countervailing Duty 
Administrative Review Pursuant to Court Decision, 76 FR 77775 
(December 14, 2011).
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    On April 18, 2016, in accordance with sections 129(b)(4) and 
129(c)(1)(B) of the URAA and after consulting with the Department and 
Congress, USTR directed the Department to implement these final 
determinations. With respect to each of these segments, the Department 
will instruct U.S. Customs and Border Protection to require a cash 
deposit for estimated countervailing duties at the appropriate rate for 
each exporter/producer specified above, for entries of subject 
merchandise, entered or withdrawn from warehouse, for consumption, on 
or after April 18, 2016. This notice of implementation of these section 
129 final determination is published in accordance with section 
129(c)(2)(A) of the URAA.

    Dated: April 29, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-10765 Filed 5-5-16; 8:45 am]
 BILLING CODE 3510-DS-P