[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Notices]
[Pages 61664-61666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21490]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


Certain Hot-Rolled Carbon Steel Flat Products From India: Notice 
of Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015

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

SUMMARY: 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, 2014, through November 30, 2015. 
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.

DATES: Effective: September 7, 2016.

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.

[[Page 61665]]

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.\1\
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    \1\ 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; 2014-2015'' (Preliminary Decision 
Memorandum), dated concurrently with and adopted by this notice.
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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.

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,\2\ 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.\3\ 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.\4\ 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.
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    \2\ See Letter from JSW titled, ``Certain Hot-Rolled Carbon 
Steel Flat Products from India: No Shipment Certification of JSW 
Steel Ltd.'' (February 12, 2016). 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 also 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 11, 2016); see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 81 FR 6832 (February 9, 2016).
    \3\ See Memorandum to the File titled, ``Customs and Border 
Protection (CBP) Data Query Results,'' dated February 17, 2016.
    \4\ See CBP Message Numbers: 6083305 and 6083306, dated March 
23, 2016.
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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.
    In accordance with the Department's ``automatic assessment'' 
practice,\5\ for entries of subject merchandise during the POR produced 
by each respondent for which they did not know that their merchandise 
was destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.
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    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

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 producers 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 producer is, the 
cash deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the producer of the subject 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 38.72 percent, the all-others rate 
established in the less-than-fair value investigation, as amended. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
cases 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.\6\ 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.\7\ 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.
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    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2), (d)(2).
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    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.\8\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing

[[Page 61666]]

is made, we will inform parties of the scheduled date for the hearing 
which will be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and location 
to be determined.\9\ Parties should confirm by telephone the date, 
time, and location of the hearing.
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    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) 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 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: August 26, 2016.
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. 2016-21490 Filed 9-6-16; 8:45 am]
BILLING CODE 3510-DS-P