[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27242-27243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12405]



[[Page 27242]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-821, C-560-813]


Certain Hot-Rolled Carbon Steel Flat Products From India and 
Indonesia: Final Results of Expedited Sunset Reviews of the 
Countervailing Duty Orders

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

SUMMARY: Based on five-year reviews (sunset reviews), the Department of 
Commerce (Commerce) finds that revocation of the countervailing duty 
(CVD) orders on certain hot-rolled carbon steel flat products (hot-
rolled steel) from India and Indonesia would be likely to lead to the 
continuation or recurrence of a countervailable subsidy at the levels 
indicated in the ``Final Results of Review'' section of this notice.

DATES: Applicable June 12, 2019.

FOR FURTHER INFORMATION CONTACT: Jean Valdez, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-3855.

SUPPLEMENTARY INFORMATION:

Background

    On February 5, 2019, Commerce initiated sunset reviews of the CVD 
orders \1\ on hot-rolled steel from India and Indonesia, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On 
February 20, 2019, Nucor Corporation, AK Steel Corporation, 
ArcelorMittal USA LLC, United States Steel Corporation, California 
Steel Industries, SSAB Enterprises LLC, and Steel Dynamics, Inc. 
(collectively, domestic interested parties) filed timely notices of 
intent to participate, in accordance with 19 CFR 351.218(d)(1).\3\ The 
domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act.
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    \1\ See Notice of Amended Final Determination and Notice of 
Countervailing Duty Orders: Certain Hot-Rolled Carbon Steel Flat 
Products from India and Indonesia, 66 FR 60198 (December 3, 2001) 
(Orders).
    \2\ See Initiation of Five-Year (``Sunset'') Reviews, 77 FR 1705 
(February 5, 2019) (Initiation Notice).
    \3\ See domestic interested parties' letter, ``Certain Hot-
Rolled Carbon Steel Flat Products from India: Notice of Intent to 
Participate,'' dated February 20, 2019.
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    On March 7, 2019, Commerce received adequate substantive responses 
from the domestic interested parties within the 30-day deadline 
specified in 19 CFR 351.218(d)(3)(i).\4\ However, Commerce did not 
receive a substantive response from any government or respondent 
interested party with respect to the orders covered by these sunset 
reviews. As a result, pursuant to section 751(c)(3)(B) of the Act and 
19 CFR 351.218(e)(1)(ii)(C)(2), Commerce has conducted expedited (120-
day) sunset reviews of the Orders.
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    \4\ See domestic interested parties' letter, ``Certain Hot-
Rolled Carbon Steel Flat Products from India: Substantive Response 
to Notice of Initiation,'' dated March 7, 2019 (Substantive 
Response).
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Scope of the Orders

    The merchandise subject to these orders is hot-rolled steel of a 
rectangular shape, with 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. 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 1,250 
mm, and of a thickness of not less than 4 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 these orders.
    Specifically included within the scope of these orders 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 the orders, 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 descriptions 
provided above are within the scope of the orders unless otherwise 
excluded. The following products, by way of example, are outside or 
specifically excluded from the scope of the orders:
     Alloy hot-rolled steel products in which at least one of 
the chemical elements exceeds those listed above (including, 3, 
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.
     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 the orders is classified 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.

[[Page 27243]]

    Certain hot-rolled carbon steel flat products covered by the 
orders, 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 numbers are provided for convenience 
and customs purposes, the written product description remains 
dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the Issues and 
Decision Memorandum.\5\ A list of the topics discussed in the Issues 
and Decision Memorandum is attached to this notice as an Appendix. The 
Issues and 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 https://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 Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
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    \5\ See memorandum, ``Final Results of Expedited Third Sunset 
Reviews of the Countervailing Duty Orders on Certain Hot-Rolled 
Carbon Steel Flat Products from India and Indonesia,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Final Results of Reviews

    Commerce determines that revocation of the Orders would be likely 
to lead to continuation or recurrence of a countervailable subsidy at 
the rates listed below: \6\
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    \6\ See Certain Hot-Rolled Carbon Steel Flat Products from 
India: Implementation of Determinations Under Section 129 of the 
Uruguay Round Agreements Act, 81 FR 27412 (May 6, 2016).

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                  Producers/exporters                      subsidy rate
                                                            (percent)
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India:
  Essar Steel Limited..................................        336.62
  Ispat Industries Limited.............................        360.23
  Steel Authority of India.............................        346.61
  Tata Iron and Steel Company Limited..................        337.51
  All other producers/manufacturers/exporters..........        344.44
Indonesia:
  P.T. Krakatau Steel..................................         10.21
  All Others...........................................         10.21
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Notification Regarding Administrative Protective Order

    This notice serves as the only 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. Timely 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing the results and notice in accordance 
with sections 75l(c), 752, and 777(i)(1) of the Act.

    Dated: June 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. History of the Orders
IV. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Likely To Prevail
    3. Nature of the Subsidy
V. Final Results of Reviews
VI. Recommendation

[FR Doc. 2019-12405 Filed 6-11-19; 8:45 am]
BILLING CODE 3510-DS-P