Certain Hot-Rolled Carbon Steel Flat Products From Brazil: Notice of Intent To Rescind Administrative Review, 58680-58683 [E5-5539]
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58680
Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices
the statutory and regulatory
requirements for initiation. The period
of review (‘‘POR’’) of this new shipper
review is July 16, 2004, through July 31,
2005.
FOR FURTHER INFORMATION CONTACT: Paul
Walker at (202) 482–0413, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the
antidumping duty order on certain
frozen warmwater shrimp from the PRC
was published on February 1, 2005. See
PRC Shrimp Order. On August 26, 2005,
we received a new shipper review
request from Zhanjiang Regal Integrated
Marine resources Co., Ltd. (‘‘Regal’’). On
September 16, 2005, we requested that
Regal correct certain filing deficiencies.
See the Department’s letter dated
September 16, 2005. On September 20,
2005, Regal resubmitted their new
shipper request. Regal certified that they
are both the producer and exporter of
the subject merchandise upon which the
request for a new shipper review is
based.
Pursuant to section 751(a)(2)(B)(i)(I) of
the Tariff act of 1930 (‘‘the Act’’) and 19
CFR 351.214(b)(2)(i), Regal certified that
it did not export frozen warmwater
shrimp to the United States during the
period of investigation (‘‘POI’’). In
addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), Regal certified that,
since the initiation of the investigation,
it has never been affiliated with any
exporter or producer who exported
frozen warmwater shrimp to the United
States during the POI, including those
not individually examined during the
investigation. As required by 19 CFR
351.214(b)(2)(iii)(B), Regal also certified
that their export activities were not
controlled by the central government of
the PRC.
In addition to the certifications
described above, Regal submitted
documentation establishing the
following: (1) The date on which they
first shipped frozen warmwater shrimp
for export to the United States and the
date on which the frozen warmwater
shrimp was first entered, or withdrawn
from warehouse, for consumption; (2)
the volume of their first shipment,2 and
(3) the date of their first sale to an
unaffiliated customer in the United
States.
The Department conducted customs
database queries to confirm the Regal’s
shipment of subject merchandise had
entered the United States for
consumption and had been suspended
for antidumping duties.
DEPARTMENT OF COMMERCE
Initiation of New Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 22, 2005, the
Department of Commerce published a
notice of initiation of an administrative
review of the antidumping duty order
on certain hot-rolled carbon steel flat
products from Brazil for the period
March 1, 2004, through February 28,
2005. The Department intends to
rescind this review after determining
that one of the parties subject to this
review did not have entries during the
period of review (POR) upon which to
assess antidumping duties, and that the
other party had no entries in addition to
those that are already being examined in
an ongoing new shipper review.
EFFECTIVE DATE: October 7, 2005.
FOR FURTHER INFORMATION CONTACT:
Helen Kramer or Kristin Najdi at (202)
482–0405 or (202) 482–8221,
respectively; AD/CVD Operations,
Office 7, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION: On March
1, 2005, the Department published a
notice of opportunity to request an
administrative review of the
antidumping duty order on certain hotrolled carbon steel flat products from
Brazil for the period March 1, 2004,
through February 28, 2005. See Notice
of Opportunity to Request
Administrative Review of Antidumping
Duty Order, Finding or Suspended
Investigation, 70 FR 9918 (March 1,
2005). On March 31, 2005, United States
Steel Corporation (USSC) and Nucor
Corporation (Nucor), domestic
producers of the subject merchandise,
made timely requests that the
Department conduct an administrative
review of Companhia Siderurgica
Nacional (CSN) and Companhia
Siderurgica de Tubarao (CST). On April
22, 2005, in accordance with section
751(a) of the Tariff Act of 1930 as
amended (the Act), the Department
published in the Federal Register a
notice of initiation of this antidumping
duty administrative review. See Notice
of Initiation of Antidumping Duty and
Countervailing Duty Administrative
Reviews, 70 FR 20862 (April 22, 2005).
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(d)(1), we find
that the requested submitted by Regal
meets the threshold requirements for
initiation of a new shipper review for
shipments of frozen warmwater shrimp
from the PRC produced and exported by
Regal.
The POR is July 16, 2004, through
July 21, 2005, See 19 CFR
351.214(g)(1)(i)(B). We intend to issue
preliminary results of this review no
later than 180 days from the date of
initiation, and final results of this
review no later than 270 days from the
date of initiation. See section
751(a)(2)(B)(iv) of the Act.
Because Regal has certified that they
produced and exported the frozen
warmwater shrimp on which they based
their request for a new shipper review,
we will instruct U.S.Customs and
Border Protection to allow, at the option
of the importer, the posting of a bond or
security in lieu of cash deposit from
each entry of frozen warmwater shrimp
that was both produced and exported by
Regal until the completion of a new
shipper review, pursuant to section
751(a)(2)(B)(iii) of the Act.
Interested parties that need access to
proprietary information in this new
shipper review should submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are in
accordance with section 751(A)(2)(B) of
the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Dated: September 30, 2005.
Barbara E. Tillman,
Acting Assistance Secretary for Import
Administration.
[FR Doc. 05–20286 Filed 10–6–05; 8:45 am]
BILLING CODE 3510–05–M
2 Regal made no subsequent shipments to the
United States, which the Department confirmed
with U.S. Customs and Border Protection.
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International Trade Administration
[A–351–828]
Certain Hot-Rolled Carbon Steel Flat
Products From Brazil: Notice of Intent
To Rescind Administrative Review
AGENCY:
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Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices
(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 and/or niobium added to
stabilize carbon and nitrogen elements.
HSLA steels are recognized as steels
with micro-alloying levels of elements
such as chromium, copper, niobium,
titanium, vanadium, and molybdenum.
The substrate for motor lamination
steels contains micro-alloying levels of
elements such as silicon and aluminum.
Steel products to be included in the
scope of this order, regardless of HTSUS
definitions, are products in which: (1)
Iron predominates, by weight, over each
of the other contained elements; (2) the
carbon content is 2 percent or less, by
weight; and (3) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated: 1.80
percent of manganese, or 1.50 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 0.012 percent of boron, or
0.10 percent of molybdenum, or 0.10
On April 28, 2005, the Department
issued its antidumping duty
questionnaire to CSN and CST. Both
CSN and CST requested rescission of
this administrative review.
Scope of the Order
For purposes of this order, the
products covered are certain hot-rolled
flat-rolled carbon-quality steel 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
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 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 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 this scope are
vacuum degassed, fully stabilized
(commonly referred to as interstitial-free
percent of niobium, or 0.41 percent of
titanium, 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 and/or specifically excluded
from the scope of this order:
• Alloy hot-rolled steel products in
which at least one of the chemical
elements exceeds those listed above
(including e.g., ASTM specifications
A543, A387, A514, A517, and A506).
• SAE/AISI grades of series 2300 and
higher.
• Ball bearing 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 1.50 percent.
• ASTM specifications A710 and
A736.
• USS Abrasion-resistant steels (USS
AR 400, USS AR 500).
• Hot-rolled steel coil which meets
the following chemical, physical and
mechanical specifications:
[In percent]
C
Mn (max)
P (max)
S (max)
Si
Cr
Cu
Ni (max)
0.10–0.14
0.90
0.025
0.005
0.30–0.50
0.30–0.50
0.20–0.40
0.20
Width = 44.80 inches maximum; Thickness = 0.063–0.198 inches; Yield Strength = 50,000 ksi minimum; Tensile Strength = 70,000–88,000
psi.
• Hot-rolled steel coil which meets
the following chemical, physical and
mechanical specifications:
[In percent]
C
Mn
P (max)
S (max)
Si
Cr
Cu (max)
Ni (max)
Mo (max)
0.10–0.16
0.70–0.90
0.025
0.006
0.30–0.50
0.30–0.50
0.25
0.20
0.21
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi
Aim.
• Hot-rolled steel coil which meets
the following chemical, physical and
mechanical specifications:
[In percent]
C
Mn
P
S
Si
Cr
Cu
Ni
V (wt) (max)
Cb (max)
0.10–0.14
1.30–1.80
0.025
0.005
0.30–0.50
0.50–0.70
0.20–0.40
0.20
0.10
0.08
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi
Aim.
• Hot-rolled steel coil which meets
the following chemical, physical and
mechanical specifications.
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Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices
[In percent]
C (max)
Mn (max)
P (max)
S (max)
Si (max)
Cr (max)
Cu (max)
Ni (max)
Nb (min)
Ca
A1
0.15
1.40
0.025
0.010
0.50
1.00
0.50
0.20
0.005
Treated
0.01–0.70
Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield Strength = 70,000 psi minimum for thickness ≤ 0.148 inches and 65,000 psi
minimum for ‘‘thicknesses’’ > 0.148 inches; account for 64 FR 38650; Tensile Strength = 80,000 psi minimum.
• Hot-rolled dual phase steel, phasehardened, primarily with a ferriticmartensitic microstructure, contains 0.9
percent up to and including 1.5 percent
silicon by weight, further characterized
by either (i) tensile strength between
540 N/mm2 and 640 N/mm2 and an
elongation percentage ≥ 26 percent for
thicknesses of 2 mm and above, or (ii)
a tensile strength between 590 N/mm2
and 690 N/mm2 and an elongation
percentage ≥ 25 percent for thicknesses
of 2 mm and above.
• Hot-rolled bearing quality steel,
SAE grade 1050, in coils, with an
inclusion rating of 1.0 maximum per
ASTM E 45, Method A, with excellent
surface quality and chemistry
restrictions as follows: 0.012 percent
maximum phosphorus, 0.015 percent
maximum sulfur, and 0.20 percent
maximum residuals including 0.15
percent maximum chromium.
• Grade ASTM A570–50 hot-rolled
steel sheet in coils or cut lengths, width
of 74 inches (nominal, within ASTM
tolerances), thickness of 11 gauge (0.119
inch nominal), mill edge and skin
passed, with a minimum copper content
of 0.20%.
The merchandise subject to this order
is classified 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, 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
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,
7211.19.75.90, 7212.40.10.00,
7212.40.50.00, 7212.50.00.00. Certain
hot-rolled flat-rolled carbon-quality
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,
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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. Although the HTSUS
subheadings are provided for
convenience and Customs purposes, the
written description of the merchandise
under this order is dispositive.
Intent To Rescind Administrative
Review
On May 3, 2005, CSN submitted a
letter to the Department indicating that
it did not have any shipments or entries
of subject merchandise during the POR.
On May 10, 2005, CST submitted a letter
to the Department certifying that the
only shipments or entries of subject
merchandise it had during the POR are
currently being reviewed by the
Department as part of a new shipper
review of CST for the period March 1,
2004, through August 31, 2004. The
Department conducted an internal
customs data query to confirm that CSN
had no entries of subject merchandise
into the United States during the POR,
and that CST had no entries of subject
merchandise other than those already
being reviewed as part of the current
new shipper review. The customs data
showed no entries of subject
merchandise by CSN during the POR,
and no additional entries by CST that
should be reviewed.
On May 12, 2005, the Department
asked the interested domestic parties to
submit comments by May 19, 2005, on
the requests for rescission. On May 19,
2005, Nucor filed comments objecting to
the rescission of the administrative
review for CSN, arguing that CSN had
sales during this POR that are currently
being examined as part of the first
administrative review period. Nucor
argued that those sales should be
reviewed in the current period and that
the Department should not limit its
decision-making authority by rescinding
the current review. Nucor also argued
that CST did not certify that it had no
sales during the current POR, and that
although CST’s sales are being reviewed
under another proceeding, since CST
was the only party that requested that
review, it could withdraw its new
shipper request subsequent to a
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rescission of the 2004–2005 proceeding.
Should this occur, Nucor claimed it
would be prejudiced by a lack of review
of sales in either proceeding. Nucor also
stated that it is developing evidence that
CST was affiliated with other producers
by ownership and control mechanisms
through Companhia Vale do Rio Doce
(‘‘CVRD’’) at the time of the
investigation, and that Nucor will seek
to have the new shipper review
rescinded on this basis. Nucor
concluded that it would be
inappropriate and premature to rescind
the 2004–2005 review. Nucor has not
thus far submitted any evidence of this
affiliation claim to the Department.
On May 26, 2005, Nucor filed
additional comments arguing that the
Department should rescind the 2003–
2004 review of CSN’s sales and instead
review them under the 2004–2005
proceeding. On June 3, 2005, CSN
responded to Nucor’s letter, noting that
Nucor incorrectly identified the issue as
to which review period the Department
should assign CSN’s U.S. sale, and
pointing out that the purpose of
administrative reviews is to determine
the dumping duties to be assessed on
entries of subject merchandise made
during the POR, citing section
751(a)(2)(C) and the Department’s
consistent practice of rescinding all
administrative reviews where no entries
were made during the review period.
CSN cited Stainless Steel Sheet and
Strip in Coils from Taiwan: Notice of
Final Results of Administrative Review,
67 FR 6682 (Feb. 13, 2002), and
accompanying Issues and Decision
Memorandum at Comment 30, in which
the Department stated that its
interpretation of the statute and
regulations, as affirmed by the Court of
Appeals for the Federal Circuit, does not
support conducting an administrative
review when the evidence on the record
indicates that respondents had no
entries of subject merchandise during
the POR. CSN also cited Stainless Steel
Bar from Italy: Preliminary Results and
Partial Rescission of Administrative
Review, 70 FR 17656 (April 7, 2005)
(‘‘Stainless Steel Bar from Italy:
Preliminary Results’’); Cut-to-Length
Carbon Steel Plate from Romania: Final
Results and Partial Rescission of
Administrative Review, 70 FR 12651
(March 15, 2005); Petroleum Wax
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Candles from the People’s Republic of
China: Rescission of Administrative
Review, 69 FR 46510 (August 3, 2004);
Hot-Rolled Carbon Steel Flat Products
from India: Rescission of Administrative
Review, 69 FR 42967 (July 19, 2004);
Certain Stainless Steel Butt-Weld Pipe
Fittings from Taiwan: Preliminary
Results of Antidumping Duty
Administrative Review and Notice of
Intent to Rescind in Part, 69 FR 40859
(July 7, 2004); Corrosion-Resistant
Carbon Steel Flat Products from Korea:
Partial Rescission of Antidumping Duty
Administrative Review, 69 FR 34646
(June 22, 2004); and Allegheny Ludlum
Corp. v. United States, 346 F.3d 1368,
1374 (CIT 2003), in which the court
upheld the Department’s policy of
rescinding administrative reviews
where there are no entries during the
POR. CSN pointed out that Nucor failed
to identify even one case in which the
Department conducted an
administrative review in the absence of
any POR entries.
Pursuant to 19 CFR 351.213(d)(3), the
Department will rescind an
administrative review if we conclude
that during the POR there were no
entries, exports, or sales of the subject
merchandise. The Department’s
practice, supported by substantial
precedent, requires that there be entries
during the POR upon which to assess
antidumping duties. See, e.g. Stainless
Steel Bar from Italy: Preliminary
Results. CSN certified that it had no
entries of subject merchandise during
the 2004–2005 POR, which the
Department corroborated on the basis of
official data from the U.S. Bureau of
Customs and Border Protection. Further,
the Department made a preliminary
determination in the 2003–2004
administrative review to review CSN’s
U.S. sale of further manufactured
merchandise made after the POR that is
linked to an entry during that POR. See
Certain Hot-Rolled Carbon Steel Flat
Products from Brazil; Preliminary
Results of Antidumping Administrative
Review, 70 FR 17406 (April 6, 2005).
The final results of that review are now
being published with a signature date of
October 3, 2005. CSN had no additional
entries to review in the current POR.
Finally, as CST had no entries in
addition to those already being
reviewed as part of a new shipper
review, we have preliminarily
determined to rescind the 2004–2005
administrative review.
Public Comment
An interested party may request a
hearing within 20 days of publication of
this notice. Any hearing, if requested,
will be held 34 days after the date of
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publication of this notice, or the first
working day thereafter. Interested
parties may submit case briefs not later
than 20 days after the date of
publication of this notice. Rebuttal
briefs, which must be limited to issues
raised in such briefs, must be filed not
later than 7 days from the case brief
after the date of publication of this
notice. Parties who submit arguments
are requested to submit with the
argument (1) A statement of the issue,
(2) a brief summary of the argument,
and (3) a table of authorities. Further,
parties submitting written comments
should provide the Department with an
additional copy of the public version of
any such comments on diskette. We will
issue our final decision concerning the
conduct of the review no later than 120
days from the date of publication of this
notice.
This notice is published in
accordance with 19 CFR 351.213(d)(4).
Dated: October 3, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–5539 Filed 10–6–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–828]
Notice of Final Results of Antidumping
Duty Administrative Review: Certain
Hot-Rolled Flat-Rolled Carbon Quality
Steel Products From Brazil
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 6, 2005, the U.S.
Department of Commerce (‘‘the
Department’’) published the preliminary
results of administrative review of the
antidumping duty order covering
certain hot-rolled flat-rolled carbon
quality steel products from Brazil. See
Certain Hot-Rolled Flat-Rolled Carbon
Quality Steel Products from Brazil:
Preliminary Results of Antidumping
Duty Administrative Review, 70 FR
17406 (April 6, 2005) (‘‘Preliminary
Results’’). The merchandise covered by
this order is certain hot-rolled flat-rolled
carbon quality steel from Brazil as
described in the ‘‘Scope of the Order’’
section of this notice. The period of
review (‘‘POR’’) is March 1, 2003,
through February 29, 2004. We invited
parties to comment on our Preliminary
Results. Based on our analysis of the
comments received, we made an
adjustment to the window period for
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58683
home market sales. We also made a
correction to further manufacturing
costs in the United States based upon
verification findings. However, the final
results do not differ from the
preliminary results. The final weightedaverage dumping margin for the
reviewed firm is listed below in the
section entitled ‘‘Final Results of
Review.’’
EFFECTIVE DATE: October 7, 2005.
FOR FURTHER INFORMATION CONTACT:
Helen Kramer or Kristin Najdi at (202)
482–0405 or (202) 482–8221,
respectively; AD/CVD Operations,
Office 7, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On April 6, 2005, the Department
published in the Federal Register its
preliminary results in this
administrative review. On May 27,
2005, Nucor Corporation (‘‘Nucor’’), a
domestic interested party in accordance
with section 771(9)(C) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
submitted comments. On June 3, 2005,
we received a letter from Companhia
Siderurgica Nacional (‘‘CSN’’), the
foreign manufacturer and exporter of the
subject merchandise in accordance with
section 771(9)(A) of the Act, and
Companhia Siderurgica Nacional, LLC
(‘‘CSN, LLC’’), CSN’s U.S. affiliate,
responding to Nucor’s comments. On
July 7–8, 2005, the Department
conducted a sales verification of CSN,
LLC in Terre Haute, Indiana, followed
by a cost verification on July 20–22,
2005. As stated in the Preliminary
Results, the briefing schedule was
extended due to these verifications. On
August 24, 2005, we received a case
brief from CSN and CSN, LLC, and on
August 25, 2005, we received a case
brief from Nucor. As per the
Department’s request, CSN and CSN,
LLC resubmitted their case brief on
August 26, 2005, incorporating revised
bracketing. We received a rebuttal brief
from CSN and CSN, LLC on August 29,
2005, and a rebuttal brief from Nucor on
August 30, 2005. We asked Nucor to
resubmit a revised rebuttal brief with
corrected bracketing, which we received
on September 2, 2005. No hearing was
requested by the September 2, 2005,
deadline given in the Department’s
August 15, 2005, memorandum advising
parties of the briefing schedule. (See
Memorandum to the File from Kristin
Najdi, Case Analyst: Antidumping
Administrative Review of Certain Hot-
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07OCN1
]]>Agencies
[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Pages 58680-58683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5539]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-828]
Certain Hot-Rolled Carbon Steel Flat Products From Brazil: Notice
of Intent To Rescind Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 22, 2005, the Department of Commerce published a
notice of initiation of an administrative review of the antidumping
duty order on certain hot-rolled carbon steel flat products from Brazil
for the period March 1, 2004, through February 28, 2005. The Department
intends to rescind this review after determining that one of the
parties subject to this review did not have entries during the period
of review (POR) upon which to assess antidumping duties, and that the
other party had no entries in addition to those that are already being
examined in an ongoing new shipper review.
Effective Date: October 7, 2005.
FOR FURTHER INFORMATION CONTACT: Helen Kramer or Kristin Najdi at (202)
482-0405 or (202) 482-8221, respectively; AD/CVD Operations, Office 7,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION: On March 1, 2005, the Department published a
notice of opportunity to request an administrative review of the
antidumping duty order on certain hot-rolled carbon steel flat products
from Brazil for the period March 1, 2004, through February 28, 2005.
See Notice of Opportunity to Request Administrative Review of
Antidumping Duty Order, Finding or Suspended Investigation, 70 FR 9918
(March 1, 2005). On March 31, 2005, United States Steel Corporation
(USSC) and Nucor Corporation (Nucor), domestic producers of the subject
merchandise, made timely requests that the Department conduct an
administrative review of Companhia Siderurgica Nacional (CSN) and
Companhia Siderurgica de Tubarao (CST). On April 22, 2005, in
accordance with section 751(a) of the Tariff Act of 1930 as amended
(the Act), the Department published in the Federal Register a notice of
initiation of this antidumping duty administrative review. See Notice
of Initiation of Antidumping Duty and Countervailing Duty
Administrative Reviews, 70 FR 20862 (April 22, 2005).
[[Page 58681]]
On April 28, 2005, the Department issued its antidumping duty
questionnaire to CSN and CST. Both CSN and CST requested rescission of
this administrative review.
Scope of the Order
For purposes of this order, the products covered are certain hot-
rolled flat-rolled carbon-quality steel 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
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 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 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 this scope 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 and/or niobium added
to stabilize carbon and nitrogen elements. HSLA steels are recognized
as steels with micro-alloying levels of elements such as chromium,
copper, niobium, titanium, vanadium, and molybdenum. The substrate for
motor lamination steels contains micro-alloying levels of elements such
as silicon and aluminum.
Steel products to be included in the scope of this order,
regardless of HTSUS definitions, are products in which: (1) Iron
predominates, by weight, over each of the other contained elements; (2)
the carbon content is 2 percent or less, by weight; and (3) none of the
elements listed below exceeds the quantity, by weight, respectively
indicated: 1.80 percent of manganese, or 1.50 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 0.012 percent of
boron, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or
0.41 percent of titanium, 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 and/or
specifically excluded from the scope of this order:
Alloy hot-rolled steel products in which at least one of
the chemical elements exceeds those listed above (including e.g., ASTM
specifications A543, A387, A514, A517, and A506).
SAE/AISI grades of series 2300 and higher.
Ball bearing 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 1.50 percent.
ASTM specifications A710 and A736.
USS Abrasion-resistant steels (USS AR 400, USS AR 500).
Hot-rolled steel coil which meets the following chemical,
physical and mechanical specifications:
[In percent]
----------------------------------------------------------------------------------------------------------------
C Mn (max) P (max) S (max) Si Cr Cu Ni (max)
----------------------------------------------------------------------------------------------------------------
0.10-0.14 0.90 0.025 0.005 0.30-0.50 0.30-0.50 0.20-0.40 0.20
----------------------------------------------------------------------------------------------------------------
Width = 44.80 inches maximum; Thickness = 0.063-0.198 inches; Yield Strength = 50,000 ksi minimum; Tensile
Strength = 70,000-88,000 psi.
Hot-rolled steel coil which meets the following chemical,
physical and mechanical specifications:
[In percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
C Mn P (max) S (max) Si Cr Cu (max) Ni (max) Mo (max)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.10-0.16 0.70-0.90 0.025 0.006 0.30-0.50 0.30-0.50 0.25 0.20 0.21
--------------------------------------------------------------------------------------------------------------------------------------------------------
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim.
Hot-rolled steel coil which meets the following chemical,
physical and mechanical specifications:
[In percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
C Mn P S Si Cr Cu Ni V (wt) (max) Cb (max)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.10-0.14 1.30-1.80 0.025 0.005 0.30-0.50 0.50-0.70 0.20-0.40 0.20 0.10 0.08
--------------------------------------------------------------------------------------------------------------------------------------------------------
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim.
Hot-rolled steel coil which meets the following chemical,
physical and mechanical specifications.
[[Page 58682]]
[In percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
C (max) Mn (max) P (max) S (max) Si (max) Cr (max) Cu (max) Ni (max) Nb (min) Ca A1
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.15 1.40 0.025 0.010 0.50 1.00 0.50 0.20 0.005 Treated 0.01-0.70
--------------------------------------------------------------------------------------------------------------------------------------------------------
Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield Strength = 70,000 psi minimum for thickness <= 0.148 inches and 65,000 psi minimum for
``thicknesses'' > 0.148 inches; account for 64 FR 38650; Tensile Strength = 80,000 psi minimum.
Hot-rolled dual phase steel, phase-hardened, primarily
with a ferritic-martensitic microstructure, contains 0.9 percent up to
and including 1.5 percent silicon by weight, further characterized by
either (i) tensile strength between 540 N/mm\2\ and 640 N/mm\2\ and an
elongation percentage >= 26 percent for thicknesses of 2 mm and above,
or (ii) a tensile strength between 590 N/mm\2\ and 690 N/mm\2\ and an
elongation percentage >= 25 percent for thicknesses of 2 mm and above.
Hot-rolled bearing quality steel, SAE grade 1050, in
coils, with an inclusion rating of 1.0 maximum per ASTM E 45, Method A,
with excellent surface quality and chemistry restrictions as follows:
0.012 percent maximum phosphorus, 0.015 percent maximum sulfur, and
0.20 percent maximum residuals including 0.15 percent maximum chromium.
Grade ASTM A570-50 hot-rolled steel sheet in coils or cut
lengths, width of 74 inches (nominal, within ASTM tolerances),
thickness of 11 gauge (0.119 inch nominal), mill edge and skin passed,
with a minimum copper content of 0.20%.
The merchandise subject to this order is classified 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,
7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 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, 7211.19.75.90,
7212.40.10.00, 7212.40.50.00, 7212.50.00.00. Certain hot-rolled flat-
rolled carbon-quality 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. Although the HTSUS
subheadings are provided for convenience and Customs purposes, the
written description of the merchandise under this order is dispositive.
Intent To Rescind Administrative Review
On May 3, 2005, CSN submitted a letter to the Department indicating
that it did not have any shipments or entries of subject merchandise
during the POR. On May 10, 2005, CST submitted a letter to the
Department certifying that the only shipments or entries of subject
merchandise it had during the POR are currently being reviewed by the
Department as part of a new shipper review of CST for the period March
1, 2004, through August 31, 2004. The Department conducted an internal
customs data query to confirm that CSN had no entries of subject
merchandise into the United States during the POR, and that CST had no
entries of subject merchandise other than those already being reviewed
as part of the current new shipper review. The customs data showed no
entries of subject merchandise by CSN during the POR, and no additional
entries by CST that should be reviewed.
On May 12, 2005, the Department asked the interested domestic
parties to submit comments by May 19, 2005, on the requests for
rescission. On May 19, 2005, Nucor filed comments objecting to the
rescission of the administrative review for CSN, arguing that CSN had
sales during this POR that are currently being examined as part of the
first administrative review period. Nucor argued that those sales
should be reviewed in the current period and that the Department should
not limit its decision-making authority by rescinding the current
review. Nucor also argued that CST did not certify that it had no sales
during the current POR, and that although CST's sales are being
reviewed under another proceeding, since CST was the only party that
requested that review, it could withdraw its new shipper request
subsequent to a rescission of the 2004-2005 proceeding. Should this
occur, Nucor claimed it would be prejudiced by a lack of review of
sales in either proceeding. Nucor also stated that it is developing
evidence that CST was affiliated with other producers by ownership and
control mechanisms through Companhia Vale do Rio Doce (``CVRD'') at the
time of the investigation, and that Nucor will seek to have the new
shipper review rescinded on this basis. Nucor concluded that it would
be inappropriate and premature to rescind the 2004-2005 review. Nucor
has not thus far submitted any evidence of this affiliation claim to
the Department.
On May 26, 2005, Nucor filed additional comments arguing that the
Department should rescind the 2003-2004 review of CSN's sales and
instead review them under the 2004-2005 proceeding. On June 3, 2005,
CSN responded to Nucor's letter, noting that Nucor incorrectly
identified the issue as to which review period the Department should
assign CSN's U.S. sale, and pointing out that the purpose of
administrative reviews is to determine the dumping duties to be
assessed on entries of subject merchandise made during the POR, citing
section 751(a)(2)(C) and the Department's consistent practice of
rescinding all administrative reviews where no entries were made during
the review period. CSN cited Stainless Steel Sheet and Strip in Coils
from Taiwan: Notice of Final Results of Administrative Review, 67 FR
6682 (Feb. 13, 2002), and accompanying Issues and Decision Memorandum
at Comment 30, in which the Department stated that its interpretation
of the statute and regulations, as affirmed by the Court of Appeals for
the Federal Circuit, does not support conducting an administrative
review when the evidence on the record indicates that respondents had
no entries of subject merchandise during the POR. CSN also cited
Stainless Steel Bar from Italy: Preliminary Results and Partial
Rescission of Administrative Review, 70 FR 17656 (April 7, 2005)
(``Stainless Steel Bar from Italy: Preliminary Results''); Cut-to-
Length Carbon Steel Plate from Romania: Final Results and Partial
Rescission of Administrative Review, 70 FR 12651 (March 15, 2005);
Petroleum Wax
[[Page 58683]]
Candles from the People's Republic of China: Rescission of
Administrative Review, 69 FR 46510 (August 3, 2004); Hot-Rolled Carbon
Steel Flat Products from India: Rescission of Administrative Review, 69
FR 42967 (July 19, 2004); Certain Stainless Steel Butt-Weld Pipe
Fittings from Taiwan: Preliminary Results of Antidumping Duty
Administrative Review and Notice of Intent to Rescind in Part, 69 FR
40859 (July 7, 2004); Corrosion-Resistant Carbon Steel Flat Products
from Korea: Partial Rescission of Antidumping Duty Administrative
Review, 69 FR 34646 (June 22, 2004); and Allegheny Ludlum Corp. v.
United States, 346 F.3d 1368, 1374 (CIT 2003), in which the court
upheld the Department's policy of rescinding administrative reviews
where there are no entries during the POR. CSN pointed out that Nucor
failed to identify even one case in which the Department conducted an
administrative review in the absence of any POR entries.
Pursuant to 19 CFR 351.213(d)(3), the Department will rescind an
administrative review if we conclude that during the POR there were no
entries, exports, or sales of the subject merchandise. The Department's
practice, supported by substantial precedent, requires that there be
entries during the POR upon which to assess antidumping duties. See,
e.g. Stainless Steel Bar from Italy: Preliminary Results. CSN certified
that it had no entries of subject merchandise during the 2004-2005 POR,
which the Department corroborated on the basis of official data from
the U.S. Bureau of Customs and Border Protection. Further, the
Department made a preliminary determination in the 2003-2004
administrative review to review CSN's U.S. sale of further manufactured
merchandise made after the POR that is linked to an entry during that
POR. See Certain Hot-Rolled Carbon Steel Flat Products from Brazil;
Preliminary Results of Antidumping Administrative Review, 70 FR 17406
(April 6, 2005). The final results of that review are now being
published with a signature date of October 3, 2005. CSN had no
additional entries to review in the current POR. Finally, as CST had no
entries in addition to those already being reviewed as part of a new
shipper review, we have preliminarily determined to rescind the 2004-
2005 administrative review.
Public Comment
An interested party may request a hearing within 20 days of
publication of this notice. Any hearing, if requested, will be held 34
days after the date of publication of this notice, or the first working
day thereafter. Interested parties may submit case briefs not later
than 20 days after the date of publication of this notice. Rebuttal
briefs, which must be limited to issues raised in such briefs, must be
filed not later than 7 days from the case brief after the date of
publication of this notice. Parties who submit arguments are requested
to submit with the argument (1) A statement of the issue, (2) a brief
summary of the argument, and (3) a table of authorities. Further,
parties submitting written comments should provide the Department with
an additional copy of the public version of any such comments on
diskette. We will issue our final decision concerning the conduct of
the review no later than 120 days from the date of publication of this
notice.
This notice is published in accordance with 19 CFR 351.213(d)(4).
Dated: October 3, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5539 Filed 10-6-05; 8:45 am]
BILLING CODE 3510-DS-P
