Notice of Final Results of Antidumping Duty Administrative Review: Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products From Brazil, 58683-58686 [E5-5540]
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Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices
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
AGENCY:
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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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Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices
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 the
Harmonized Tariff Schedule of the
United States (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
Rolled Carbon Steel Flat Products from
Brazil, Briefing Schedule—Notification
of Parties). No public hearing was held.
On July 12, 2005, because it was not
practicable to complete the final results
of this review within the original time
period, the Department published in the
Federal Register a notice extending the
time limit for completion of the final
results of this administrative review in
accordance with section 751(a)(3)(A) of
the Act. See Notice of Extension of Time
Limit for the Final Results of
Antidumping Duty Administrative
Review: Certain Hot-Rolled Carbon Steel
Flat Products from Brazil, 70 FR 39995
(July 12, 2005).
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
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
.021
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 (max)
S (max)
Si
Cr
Cu
Ni (max)
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;
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18:27 Oct 06, 2005
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Yield Strength = 80,000 ksi minimum;
Tensile Strength = 105,000 psi Aim.
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—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
AL
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/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 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:
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18:27 Oct 06, 2005
Jkt 208001
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.
Analysis of Comments Received
The issues raised in the case briefs by
parties to this administrative review are
addressed in the Issues and Decision
Memorandum to Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration, from Barbara E.
Tillman, Acting Deputy Assistant
Secretary (‘‘Decision Memorandum’’),
which is hereby adopted by this notice.
A list of the issues addressed in the
Decision Memorandum is appended to
this notice. The Decision Memorandum
is on file in the Central Records Unit in
Room B–099 of the main Commerce
building, and can also be accessed
directly on the Web at https://
www.ia.ita.doc.gov/frn. The paper copy
and electronic version of the Decision
Memorandum are identical in content.
Assessment
The Department will determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries,
pursuant to section 751(a)(1)(B) of the
Act and 19 CFR 351.212(b). The
Department calculated importer-specific
duty assessment rates on the basis of the
ratio of the total amount of antidumping
duties calculated for the examined sales
to the total entered value of the
examined sales for that importer. Where
the assessment rate is above de minimis,
we will instruct CBP to assess duties on
all entries of subject merchandise
produced by CSN. The Department will
issue appropriate assessment
instructions directly to CBP within 15
days of publication of these final results
of review.
Cash Deposits
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of hot-rolled
flat-rolled carbon-quality steel products
from Brazil entered, or withdrawn from
warehouse, for consumption on or after
the publication date of these final
results, as provided by section 751(a) of
the Act: (1) For the company covered by
this review, the cash deposit rate will be
the rate listed above; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in the investigation, the cash
deposit rate will continue to be the
Change Since the Preliminary Results
company-specific rate from the final
determination; (3) if the exporter is not
Based on our analysis of comments
a firm covered in this review or the
received, we made a correction to the
investigation, but the producer is, the
window period for home market sales.
cash deposit rate will be that established
We also made a correction to further
for the producer of the merchandise in
manufacturing costs in the United States these final results of review or in the
based upon verification findings. See
final determination; and (4) if neither
the Decision Memorandum.
the exporter nor the producer is a firm
covered in this review or the
Final Results of Review
investigation, the cash deposit rate will
As a result of our review, we
be 42.12 percent, the ‘‘All Others’’ rate
established in the less-than-fair-value
determine that the following weightedinvestigation. These deposit
average margin exists for the period of
requirements shall remain in effect until
March 1, 2003, through February 29,
publication of the final results of the
2004:
next administrative review.
This notice also serves as a final
Weighted-average
Manufacturer/exporter
margin
reminder to importers of their
(percentage)
responsibility under 19 CFR 351.402 (f)
to file a certificate regarding the
´ rgica
Companhia Sideru
reimbursement of antidumping duties
Nacional ......................
0.00
prior to liquidation of the relevant
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Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Notices
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 in the
subsequent assessment of double
antidumping duties. This notice also is
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 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 the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results and notice in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: October 3, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
Appendix—Issues in Decision
Memorandum
Comment 1: Date of Sale
Comment 2: General and Administrative
Expenses
Comment 3: Treatment of Non-Dumped Sales
Comment 4: Expand Cost Reporting Period to
Cover the 90/60 Window Period
Comment 5: Window Period for Home
Market Sales
[FR Doc. E5–5540 Filed 10–6–05; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–851]
Certain Preserved Mushrooms from
the People’s Republic of China:
Initiation of New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 7, 2005.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) has determined that
a request for a new shipper review of
the antidumping duty order on certain
preserved mushrooms from the People’s
Republic of China (‘‘PRC’’), received
before August 31, 2005, meets the
statutory and regulatory requirements
for initiation. The period of review
(‘‘POR’’) of this new shipper review is
February 1, 2005, through July 31, 2005.
FOR FURTHER INFORMATION CONTACT: Paul
Walker at (202) 482–0413, AD/CVD
Operations, Office 9, Import
AGENCY:
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18:27 Oct 06, 2005
Jkt 208001
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On February 19, 1999, the Department
published in the Federal Register an
amended final determination and
antidumping duty order on certain
preserved mushrooms from the PRC.
See Notice of Amendment of Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Certain Preserved Mushrooms
from the People’s Republic of China, 64
FR 8308 (February 19, 1999). The notice
of opportunity to request an
administrative review on certain
preserved mushrooms from the PRC was
published on February 1, 2005. See
Notice of opportunity to request
administrative review of antidumping or
countervailing duty order, finding, or
suspended investigation, 70 FR 5136
(February 1, 2005).1 On August 23,
2005, we received a new shipper review
request from an exporter Guangxi
Eastwing Trading Co., Ltd. (‘‘Guangxi
Eastwing’’) and its supplier Raoping
CXF Foods, Inc. (‘‘Raoping CXF’’).
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), Guangxi Eastwing
certified that it did not export preserved
mushrooms to the United States during
the period of investigation (‘‘POI’’). In
addition, pursuant to section
751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(ii)(B), Raoping CFX, the
producer of the mushrooms exported by
Guangxi Eastwing, provided a
certification that it did not export the
subject merchandise to the United
States during the POI. In addition,
pursuant to section 751(a)(2)(B)(i)(II) of
the Act and 19 CFR 351.214(b)(2)(iii)(A),
Guangxi Eastwing certified that, since
the initiation of the investigation, it has
never been affiliated with any exporter
or producer who exported preserved
mushrooms 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), Guangxi Eastwing
also certified that its export activities
were not controlled by the central
government of the PRC.
In addition to the certifications
described above, Guangxi Eastwing
submitted documentation establishing
the following: (1) the date on which it
1 Therefore, a request for a new shipper review
based on the semi–annual anniversary month,
August, would be due to the Department by the last
day in August 2005. See 19 CFR 351.214(d)(1).
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first shipped preserved mushrooms for
export to the United States; (2) the
volume of its first shipment; and (3) the
date of its first sale to an unaffiliated
customer in the United States.
The Department conducted customs
database queries to substantiate that
Guangxi Eastwing’s shipment of subject
merchandise had entered the United
States for consumption and had been
suspended for antidumping duties.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the
Act and 19 CFR 351.214(d)(1), we find
that the request submitted by Guangxi
Eastwing meets the threshold
requirements for initiation of a new
shipper review for shipments of
preserved mushrooms from the PRC
produced by Raoping CXF and exported
by Guangxi Eastwing.
The POR is February 1, 2005, through
July 31, 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 result of this review
no later than 270 days from the date of
initiation. See section 751(a)(2)(B)(iv) of
the Act.
Guangxi Eastwing has certified that it
exported, but did not produce, the
preserved mushrooms on which it based
its request for a new shipper review.
Therefore, 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 a cash
deposit for each entry of preserved
mushrooms that were produced by
Raoping CXF and exported by Guangxi
Eastwing until the completion of the
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
published 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 Assistant Secretaryfor Import
Administration.
[FR Doc. E5–5542 Filed 10–6–05; 8:45 am]
BILLING CODE 3510–DS–S
E:\FR\FM\07OCN1.SGM
07OCN1
]]>Agencies
[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Pages 58683-58686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5540]
-----------------------------------------------------------------------
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
AGENCY: 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 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 weighted-average 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-
[[Page 58684]]
Rolled Carbon Steel Flat Products from Brazil, Briefing Schedule--
Notification of Parties). No public hearing was held.
On July 12, 2005, because it was not practicable to complete the
final results of this review within the original time period, the
Department published in the Federal Register a notice extending the
time limit for completion of the final results of this administrative
review in accordance with section 751(a)(3)(A) of the Act. See Notice
of Extension of Time Limit for the Final Results of Antidumping Duty
Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products
from Brazil, 70 FR 39995 (July 12, 2005).
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 the Harmonized Tariff Schedule of the United States
(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 .021
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 (max) S (max) Si Cr Cu Ni (max) 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 58685]]
[In percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
C (max) Mn (max) P (max) S (max) Si (max) Cr (max) Cu (max) Ni (max) Nb (min) CA AL
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 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.
Analysis of Comments Received
The issues raised in the case briefs by parties to this
administrative review are addressed in the Issues and Decision
Memorandum to Joseph A. Spetrini, Acting Assistant Secretary for Import
Administration, from Barbara E. Tillman, Acting Deputy Assistant
Secretary (``Decision Memorandum''), which is hereby adopted by this
notice. A list of the issues addressed in the Decision Memorandum is
appended to this notice. The Decision Memorandum is on file in the
Central Records Unit in Room B-099 of the main Commerce building, and
can also be accessed directly on the Web at https://www.ia.ita.doc.gov/
frn. The paper copy and electronic version of the Decision Memorandum
are identical in content.
Change Since the Preliminary Results
Based on our analysis of comments received, we made a correction to
the window period for home market sales. We also made a correction to
further manufacturing costs in the United States based upon
verification findings. See the Decision Memorandum.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period of March 1, 2003, through
February 29, 2004:
------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter margin
(percentage)
------------------------------------------------------------------------
Companhia Sider[uacute]rgica Nacional................ 0.00
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, pursuant to section 751(a)(1)(B) of the Act and 19
CFR 351.212(b). The Department calculated importer-specific duty
assessment rates on the basis of the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
entered value of the examined sales for that importer. Where the
assessment rate is above de minimis, we will instruct CBP to assess
duties on all entries of subject merchandise produced by CSN. The
Department will issue appropriate assessment instructions directly to
CBP within 15 days of publication of these final results of review.
Cash Deposits
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of hot-rolled flat-rolled carbon-quality steel products from
Brazil entered, or withdrawn from warehouse, for consumption on or
after the publication date of these final results, as provided by
section 751(a) of the Act: (1) For the company covered by this review,
the cash deposit rate will be the rate listed above; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in the investigation, the cash deposit rate will
continue to be the company-specific rate from the final determination;
(3) if the exporter is not a firm covered in this review or the
investigation, but the producer is, the cash deposit rate will be that
established for the producer of the merchandise in these final results
of review or in the final determination; and (4) if neither the
exporter nor the producer is a firm covered in this review or the
investigation, the cash deposit rate will be 42.12 percent, the ``All
Others'' rate established in the less-than-fair-value investigation.
These deposit requirements shall remain in effect until publication of
the final results of the next administrative review.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402 (f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant
[[Page 58686]]
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 in the subsequent
assessment of double antidumping duties. This notice also is 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 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 the terms of an
APO is a sanctionable violation.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 3, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
Comment 1: Date of Sale
Comment 2: General and Administrative Expenses
Comment 3: Treatment of Non-Dumped Sales
Comment 4: Expand Cost Reporting Period to Cover the 90/60 Window
Period
Comment 5: Window Period for Home Market Sales
[FR Doc. E5-5540 Filed 10-6-05; 8:45 am]
BILLING CODE 3510-DS-P
