[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1700-1702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00037]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


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

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

SUMMARY: On September 7, 2016, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty (AD) order on certain hot-rolled carbon 
steel flat products (hot-rolled steel) from India. We received no 
comments or requests for a hearing. Therefore, for the final results, 
we continue to find that Ispat Industries Ltd. (Ispat), JSW Steel Ltd. 
(JSW), JSW Ispat Steel Ltd. (JSW Ispat), and Tata Steel Ltd. (Tata) had 
no shipments of the subject merchandise, and, therefore, no reviewable 
transactions, during the period of review (POR).

DATES: Effective January 6, 2017.

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.

Background

    On September 7, 2016, the Department published the Preliminary 
Results.\1\ The POR is December 1, 2014, through November 30, 2015. We 
invited interested parties to comment on the Preliminary Results. We 
received no comments from any party. The Department conducted this 
administrative review in accordance with section 751(a)(2) of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Hot-Rolled Carbon Steel Flat Products From 
India: Notice of Preliminary Results of Antidumping Duty 
Administrative Review; 2014-2015, 81 FR 61664 (September 7, 2016) 
(Preliminary Results).
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Scope of the Order

    For purposes of this order, the products covered 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

[[Page 1701]]

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 4.0 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 
this order.
    Specifically included in the scope of this order 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 this order, 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 description 
provided above are within the scope of this order unless otherwise 
excluded. The following products, by way of example, are outside or 
specifically excluded from the scope of this order:
     Alloy hot-rolled carbon steel products in which at least 
one of the chemical elements exceeds those listed above (including, 
e.g., 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.
     United States Steel (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 this order is currently classifiable 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 
covered by this 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 Department's written 
description of the merchandise subject to this proceeding is 
dispositive.

Final Determination of No Shipments

    As noted above, the Department received no comments concerning the 
Preliminary Results on the record of this segment of the proceeding. As 
there are no changes from, or comments on, the Preliminary Results, the 
Department finds that there is no reason to modify its analysis. Thus, 
we continue to find that Ispat, JSW, JSW Ispat, and Tata had no 
shipments of the subject merchandise, and, therefore, no reviewable 
transactions, during the POR. Accordingly, no decision memorandum 
accompanies this Federal Register notice. For further details of the 
issues addressed in this proceeding, see the Preliminary Results and 
the accompanying Preliminary Decision Memorandum.\2\
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    \2\ See 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,'' dated August 19, 2016 
(Preliminary Decision Memorandum). The Preliminary Decision 
Memorandum can be accessed directly at: http://enforcement.trade.gov/frn/index.html.
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Assessment Rates

    Upon issuance of the final results of this administrative review, 
the Department shall determine, and Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries, in 
accordance with section 751(a)(2)(C) of the Act and 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.\3\ 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. In such 
instances, we will instruct CBP to liquidate these un-reviewed entries 
at the all others rate established in the less-than fair-value (LTFV) 
investigation, as amended, which is 38.72 percent,\4\ if there is no

[[Page 1702]]

rate for the intermediary company(ies) involved in the transaction. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.\5\
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    \3\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
    \4\ 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).
    \5\ See Assessment Policy Notice for a full discussion of this 
clarification.
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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 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 Amended Final Determination. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in the Department's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of doubled antidumping 
duties.

Administrative Protective Order

    This notice also serves as a 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(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation, which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: December 30, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-00037 Filed 1-5-17; 8:45 am]
 BILLING CODE 3510-DS-P