Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Final Results of Antidumping Duty Administrative Review, Partial Revocation of Antidumping Duty Order and Partial Rescission of Antidumping Duty Administrative Review, 28659-28661 [E6-7505]
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Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Notices
of the Administrative Law Judge, U.S.
Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland
21202–4022.
Fourth, that this Order does not
prohibit any export, reexport, or other
transaction subject to the Regulations
where the only items involved that are
subject to the Regulations are the
foreign-produced direct product of U.S.origin technology.
Fifth, that this Order is effective
immediately and shall remain in effect
until May 2, 2015.
Sixth, that this Order shall be
published in the Federal Register and a
copy served on the Related Person.
Dated: May 5, 2006.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 06–4497 Filed 5–16–06; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
International Trade Administration
(A–549–817)
Certain Hot–Rolled Carbon Steel Flat
Products from Thailand: Final Results
of Antidumping Duty Administrative
Review, Partial Revocation of
Antidumping Duty Order and Partial
Rescission of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has conducted an
administrative review of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
Thailand produced and/or exported by
Sahaviriya Steel Industries Public
Company Limited (‘‘SSI’’), Nakornthai
Strip Mill Public Co., Ltd.
(‘‘Nakornthai’’), and G Steel Public
Company Limited (‘‘G Steel’’) 1
(formerly Siam Strip Mill Public Co.,
Ltd.). The period of review (‘‘POR’’) is
November 1, 2003, through October 31,
2004. Based on our analysis of
comments received, these final results
remain unchanged from the preliminary
results. The final results are listed below
in the ‘‘Final Results of Review’’
section.
EFFECTIVE DATE: May 17, 2006.
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey or Abdelali Elouaradia,
Import Administration, International
mstockstill on PROD1PC61 with NOTICES
AGENCY:
1 The
Department notes that it erroneously
referred to G Steel as ‘‘G Street Public Company
Limited’’ in the Preliminary Results.
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15:08 May 16, 2006
Jkt 208001
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Ave, NW, Washington, DC
20230; telephone (202) 482–0193 and
(202) 482–1374, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 9, 2005, the Department
published the preliminary results and
intent to revoke and partial rescission of
its administrative review of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
Thailand. See Certain Hot–Rolled
Carbon Steel Flat Products From
Thailand; Preliminary Results of
Antidumping Duty Administrative
Review and Intent to Revoke and
Rescind in Part, 70 FR 73197 (December
9, 2005) (Preliminary Results).
We invited parties to comment on the
Preliminary Results. On December 22,
2005, United States Steel Corporation
(petitioner) requested that the
Department issue a questionnaire to SSI
requesting certain financial information
for the post–POR period. On January 4,
2006, the Department contacted
Skadden, Arps, Slate, Meagher & Flom
LLP, counsel to petitioner, and
requested that petitioner provide a more
thorough explanation for its December
22, 2005, request for certain post–POR
financial information from SSI. See the
Department’s Memorandum to the File
from Stephen Bailey, International
Trade Compliance Analyst, dated
January 5, 2006. On January 6, 2006,
petitioner and Nucor Corporation
(Nucor), a domestic interested party in
this administrative review, submitted a
joint letter providing a detailed
explanation as to the relevance of the
financial information petitioner
requested the Department collect from
SSI. On January 13, 2006, the
Department requested SSI submit
certain financial information for the
post–POR period, which SSI did on
January 18, 2006.
On January 17, 2006, SSI submitted a
letter on the record of the 2004–2005
administrative review 2 requesting that
the 2004–2005 administrative review be
rescinded with respect to SSI because
certain entries into the U.S. during the
2004–2005 POR were actually sold
pursuant to sales in the 2003–2004 POR,
and these sales have already been
examined and verified by the
Department in the 2003–2004
administrative review. On January 18,
2006, SSI submitted a letter on the
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 70 FR 76024
(December 22, 2005).
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28659
record of the 2003–2004 administrative
review requesting certain information
contained in its January 17, 2006, letter
to the Department be placed on the
record of the 2003–2004 administrative
review. Specifically, SSI requested that
information regarding its meaningful
participation in the market for the 2004–
2005 administrative review and the date
of entry for merchandise entered during
the 04–05 administrative review be
placed on the record of the 2003–2004
administrative review. See SSI’s January
18, 2006, letter to the Department at
page 2 and exhibit A. On January 25,
2006, the Department issued a
memorandum from Richard Weible,
Office Director, to the File reiterating
the Department’s practice of conducting
administrative reviews based on entries
of subject merchandise during the POR.
Furthermore, we explained that we
intended to exclude sales that entered in
the 04–05 administrative review period
from the 03–04 administrative review.
On January 27, 2006, SSI submitted a
letter objecting to the Department’s
intention to exclude certain sales from
the 03–04 administrative review.
On January 25, 2006, petitioner and
Nucor filed joint comments on SSI’s
post–POR financial information
submission. On January 31, 2006, SSI
filed rebuttal comments to petitioner’s
and Nucor’s January 25, 2006,
comments regarding its post–POR
financial information.
On February 7, 2006, the Department
received case briefs from petitioner,
Nucor and SSI. On February 10, 2006,
SSI submitted a letter claiming that
Nucor had submitted new factual
information in its February 7, 2006, case
brief. On February 13, 2006, the
Department issued a letter to Nucor
requesting that certain new factual
information be edited from its case brief.
On February 14, 2006, petitioner, Nucor
and SSI submitted rebuttal briefs, and
Nucor submitted a revised case brief
excluding the new factual information
as requested by the Department.
Partial Rescission
In our Preliminary Results, we
announced our preliminary decision to
rescind the review with respect to
Nakornthai and G Steel because these
companies had no entries of hot–rolled
steel from Thailand during the POR. See
Preliminary Results. We have received
no new information contradicting this
decision. Therefore, we are rescinding
the administrative review with respect
to Nakornthai and G Steel.
Scope of the Antidumping Duty Order
The products covered by this
antidumping duty order are certain hot–
E:\FR\FM\17MYN1.SGM
17MYN1
mstockstill on PROD1PC61 with NOTICES
28660
Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Notices
rolled carbon steel flat products of a
rectangular shape, of a width of 0.5 inch
or greater, neither clad, plated, nor
coated with metal and whether or not
painted, varnished, or coated with
plastics or other non–metallic
substances, in coils (whether or not in
successively superimposed layers),
regardless of thickness, and in straight
lengths, of a thickness of less than 4.75
mm and of a width measuring at least
10 times the thickness. Universal mill
plate (i.e., flat–rolled products rolled on
four faces or in a closed box pass, of a
width exceeding 150 mm, but not
exceeding 1250 mm, and of a thickness
of not less than 4.0 mm, not in coils and
without patterns in relief) of a thickness
not less than 4.0 mm is not included
within the scope of this order.
Specifically included within the
scope of this order are vacuum
degassed, fully stabilized (commonly
referred to as interstitial–free (IF)) steels,
high strength low alloy (HSLA) steels,
and the substrate for motor lamination
steels. IF steels are recognized as low
carbon steels with micro–alloying levels
of elements such as titanium or niobium
(also commonly referred to as
columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA
steels are recognized as steels with
micro–alloying levels of elements such
as chromium, copper, niobium,
vanadium, and molybdenum. The
substrate for motor lamination steels
contains micro–alloying levels of
elements such as silicon and aluminum.
Steel products to be included in the
scope of this order, regardless of
definitions in the Harmonized Tariff
Schedule of the United States (HTSUS),
are products in which: i) Iron
predominates, by weight, over each of
the other contained elements; ii) the
carbon content is 2 percent or less, by
weight; and iii) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical
and chemical description provided
above are within the scope of this
review unless otherwise excluded. The
following products, by way of example,
are outside or specifically excluded
from the scope of this order:
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15:08 May 16, 2006
Jkt 208001
Alloy hot–rolled steel products in
which at least one of the chemical
elements exceeds those listed above
(including, e.g., American Society for
Testing and Materials (ASTM)
specifications A543, A387, A514, A517,
A506).
Society of Automotive Engineers
(SAE)/American Iron & Steel
Institute (AISI) grades of series 2300
and higher.
Ball 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 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 this
review 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.
Certain hot–rolled carbon steel flat
products covered by this review,
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
PO 00000
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Fmt 4703
Sfmt 4703
subheadings are provided for
convenience and CBP purposes, the
written description of the merchandise
is dispositive.
Analysis of Comments Received
The Department has received case and
rebuttal briefs from petitioner, Nucor
and SSI. All case and rebuttal briefs for
the final results are addressed in the
memorandum ‘‘Issues and Decision
Memorandum for the Final Results of
Antidumping Duty Administrative
Review, Partial Revocation of
Antidumping Duty Order and Partial
Rescission of Antidumping Duty
Administrative Review of Certain Hot–
Rolled Carbon Steel Flat Products from
Thailand’’ from Stephen J. Claeys,
Deputy Assistant Secretary, Import
Administration, to David M. Spooner,
Assistant Secretary, Import
Administration, dated May 8, 2006
(Decision Memorandum), which is
hereby adopted by this notice. Attached
to this notice as an Appendix is a list
of the issues that petitioner, Nucor, and
SSI have raised and to which we have
responded in the Decision
Memorandum. Parties can find a
complete discussion of all issues raised
in this review and the corresponding
recommendations in the Decision
Memorandum, which is on file in the
Department’s Central Records Unit,
located at 14th Street and Constitution
Avenue, NW, Room B–099. In addition,
a complete version of the Decision
Memorandum can be accessed directly
on the Import Administration Web site
at https://ia.ita.doc.gov/ under the
heading Federal Register Notices. The
paper copy and electronic version of the
Decision Memorandum are identical in
content.
The Department notes that SSI
included in its rebuttal briefs a response
to certain allegations of affiliation made
by Nucor in its original February 7,
2006, case brief. Because the
Department ultimately rejected Nucor’s
case brief with respect to its affiliation
argument as new factual information,
SSI’s rebuttal argument will not be
considered. See the Department’s
February 13, 2006, letter to Nucor
rejecting its affiliation argument as new
factual information.
Changes Since the Preliminary Results
Based on our analysis of comments
received and findings at verification, we
made the following changes from the
preliminary results:
(1) We excluded certain United States
sales form the analysis that entered
after the POR;
(2) We adjusted SSI’s general and
administrative (G&A) to exclude
E:\FR\FM\17MYN1.SGM
17MYN1
Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Notices
revenue earned on the sale of scrap
to offset G&A expenses, excluded
the cost of scrap from the
denominator of both the G&A and
financial expense ratio calculations,
and excluded revenue earned from
the early redemption of a bond from
the numerator of the G&A expense
ratio calculation;
(3) We adjusted our computer
programs to reflect a single level of
trade in the home market and the
United States market; and
(4) We excluded certain costs
associated with SSI’s hot–finishing
line to avoid double counting in the
cost calculation.
Final Results of Review
We determine that the following
dumping margins exist for the period
November 1, 2003 through October 31,
2004:
Manufacturer/Exporter
Margin (Percent)
mstockstill on PROD1PC61 with NOTICES
SSI ................................
0.00
Assessment Rates
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
Tariff Act of 1930 (‘‘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. The
Department clarified its ‘‘automatic
assessment’’ regulation on May 6, 2003
(68 FR 23954). This clarification will
apply to entries of subject merchandise
during the period of review produced by
companies included in these final
results of reviews for which the
reviewed companies did not know their
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all–others rate if there is
no rate for the intermediate
company(ies) involved in the
transaction. For a full discussion of this
clarification, see Notice of Policy
Concerning Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
Antidumping duties for the rescinded
companies, Nakornthai and G Steel,
shall be assessed at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(I). The Department
will issue appropriate assessment
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16:39 May 16, 2006
Jkt 208001
instructions directly to CBP within 15
days of publication of these final results
of review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of the subject
merchandise 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) Because the antidumping
duty order on certain hot–rolled carbon
steel flat products is being revoked with
respect to SSI, no deposit will be
required; (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 most recent review; (3) if
the exporter is not a firm covered in this
review, a prior review, or the
investigation, but the producer is, the
cash deposit rate will be that established
for the most recent period for the
producer of the merchandise; and (4)
the cash deposit rate for all other
producers or exporters will be 3.86
percent, the ‘‘all others’’ rate established
in the less–than-fair–value investigation
(66 FR 49622, September 28, 2001).
These deposit requirements shall
remain in effect until publication of the
final results of the next administrative
review.
Notification of Interested Parties
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
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 the
subsequent assessment of doubled
antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation,
which is subject to sanction.
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28661
We are issuing and publishing this
determination and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: May 8, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix
List of Comments and Issues in the
Decision Memorandum
Comment 1: Revocation
Comment 2: Excluded Sales
Comment 3: Calculation of General and
Administrative and Interest Expenses
Comment 4: Level of Trade
Comment 5: Variable Cost of
Manufacture
[FR Doc. E6–7505 Filed 5–16–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–504
Petroleum Wax Candles from the
People’s Republic of China: Initiation
of Anticircumvention Inquiry on
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce
ACTION: Notice of Initiation of
Anticircumvention Inquiry on
Antidumping Duty Order: Petroleum
Wax Candles from the People’s Republic
of China
AGENCY:
SUMMARY: In response to a request from
the National Candle Association (NCA),
the Department of Commerce (the
Department) is initiating an
anticircumvention inquiry pursuant to
section 781(a) of the Tariff Act of 1930,
as amended, (the Tariff Act) to
determine whether certain imports of
molded or carved articles of wax from
the People’s Republic of China (PRC) are
circumventing the antidumping duty
order on petroleum wax candles from
China.
EFFECTIVE DATE:
May 17, 2006.
FOR FURTHER INFORMATION CONTACT:
Angela Strom or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC, 20230;
telephone: 202–482–2704 and 202–482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\17MYN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 95 (Wednesday, May 17, 2006)]
[Notices]
[Pages 28659-28661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7505]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-549-817)
Certain Hot-Rolled Carbon Steel Flat Products from Thailand:
Final Results of Antidumping Duty Administrative Review, Partial
Revocation of Antidumping Duty Order and Partial Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has conducted
an administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from Thailand produced and/or
exported by Sahaviriya Steel Industries Public Company Limited
(``SSI''), Nakornthai Strip Mill Public Co., Ltd. (``Nakornthai''), and
G Steel Public Company Limited (``G Steel'') \1\ (formerly Siam Strip
Mill Public Co., Ltd.). The period of review (``POR'') is November 1,
2003, through October 31, 2004. Based on our analysis of comments
received, these final results remain unchanged from the preliminary
results. The final results are listed below in the ``Final Results of
Review'' section.
---------------------------------------------------------------------------
\1\ The Department notes that it erroneously referred to G Steel
as ``G Street Public Company Limited'' in the Preliminary Results.
---------------------------------------------------------------------------
EFFECTIVE DATE: May 17, 2006.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Abdelali Elouaradia,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Ave, NW,
Washington, DC 20230; telephone (202) 482-0193 and (202) 482-1374,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 9, 2005, the Department published the preliminary
results and intent to revoke and partial rescission of its
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from Thailand. See Certain Hot-Rolled
Carbon Steel Flat Products From Thailand; Preliminary Results of
Antidumping Duty Administrative Review and Intent to Revoke and Rescind
in Part, 70 FR 73197 (December 9, 2005) (Preliminary Results).
We invited parties to comment on the Preliminary Results. On
December 22, 2005, United States Steel Corporation (petitioner)
requested that the Department issue a questionnaire to SSI requesting
certain financial information for the post-POR period. On January 4,
2006, the Department contacted Skadden, Arps, Slate, Meagher & Flom
LLP, counsel to petitioner, and requested that petitioner provide a
more thorough explanation for its December 22, 2005, request for
certain post-POR financial information from SSI. See the Department's
Memorandum to the File from Stephen Bailey, International Trade
Compliance Analyst, dated January 5, 2006. On January 6, 2006,
petitioner and Nucor Corporation (Nucor), a domestic interested party
in this administrative review, submitted a joint letter providing a
detailed explanation as to the relevance of the financial information
petitioner requested the Department collect from SSI. On January 13,
2006, the Department requested SSI submit certain financial information
for the post-POR period, which SSI did on January 18, 2006.
On January 17, 2006, SSI submitted a letter on the record of the
2004-2005 administrative review \2\ requesting that the 2004-2005
administrative review be rescinded with respect to SSI because certain
entries into the U.S. during the 2004-2005 POR were actually sold
pursuant to sales in the 2003-2004 POR, and these sales have already
been examined and verified by the Department in the 2003-2004
administrative review. On January 18, 2006, SSI submitted a letter on
the record of the 2003-2004 administrative review requesting certain
information contained in its January 17, 2006, letter to the Department
be placed on the record of the 2003-2004 administrative review.
Specifically, SSI requested that information regarding its meaningful
participation in the market for the 2004-2005 administrative review and
the date of entry for merchandise entered during the 04-05
administrative review be placed on the record of the 2003-2004
administrative review. See SSI's January 18, 2006, letter to the
Department at page 2 and exhibit A. On January 25, 2006, the Department
issued a memorandum from Richard Weible, Office Director, to the File
reiterating the Department's practice of conducting administrative
reviews based on entries of subject merchandise during the POR.
Furthermore, we explained that we intended to exclude sales that
entered in the 04-05 administrative review period from the 03-04
administrative review. On January 27, 2006, SSI submitted a letter
objecting to the Department's intention to exclude certain sales from
the 03-04 administrative review.
---------------------------------------------------------------------------
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 70 FR
76024 (December 22, 2005).
---------------------------------------------------------------------------
On January 25, 2006, petitioner and Nucor filed joint comments on
SSI's post-POR financial information submission. On January 31, 2006,
SSI filed rebuttal comments to petitioner's and Nucor's January 25,
2006, comments regarding its post-POR financial information.
On February 7, 2006, the Department received case briefs from
petitioner, Nucor and SSI. On February 10, 2006, SSI submitted a letter
claiming that Nucor had submitted new factual information in its
February 7, 2006, case brief. On February 13, 2006, the Department
issued a letter to Nucor requesting that certain new factual
information be edited from its case brief. On February 14, 2006,
petitioner, Nucor and SSI submitted rebuttal briefs, and Nucor
submitted a revised case brief excluding the new factual information as
requested by the Department.
Partial Rescission
In our Preliminary Results, we announced our preliminary decision
to rescind the review with respect to Nakornthai and G Steel because
these companies had no entries of hot-rolled steel from Thailand during
the POR. See Preliminary Results. We have received no new information
contradicting this decision. Therefore, we are rescinding the
administrative review with respect to Nakornthai and G Steel.
Scope of the Antidumping Duty Order
The products covered by this antidumping duty order are certain
hot-
[[Page 28660]]
rolled carbon steel flat products of a rectangular shape, of a width of
0.5 inch or greater, neither clad, plated, nor coated with metal and
whether or not painted, varnished, or coated with plastics or other
non-metallic substances, in coils (whether or not in successively
superimposed layers), regardless of thickness, and in straight lengths,
of a thickness of less than 4.75 mm and of a width measuring at least
10 times the thickness. Universal mill plate (i.e., flat-rolled
products rolled on four faces or in a closed box pass, of a width
exceeding 150 mm, but not exceeding 1250 mm, and of a thickness of not
less than 4.0 mm, not in coils and without patterns in relief) of a
thickness not less than 4.0 mm is not included within the scope of this
order.
Specifically included within the scope of this order are vacuum
degassed, fully stabilized (commonly referred to as interstitial-free
(IF)) steels, high strength low alloy (HSLA) steels, and the substrate
for motor lamination steels. IF steels are recognized as low carbon
steels with micro-alloying levels of elements such as titanium or
niobium (also commonly referred to as columbium), or both, added to
stabilize carbon and nitrogen elements. HSLA steels are recognized as
steels with micro-alloying levels of elements such as chromium, copper,
niobium, vanadium, and molybdenum. The substrate for motor lamination
steels contains micro-alloying levels of elements such as silicon and
aluminum.
Steel products to be included in the scope of this order,
regardless of definitions in the Harmonized Tariff Schedule of the
United States (HTSUS), are products in which: i) Iron predominates, by
weight, over each of the other contained elements; ii) the carbon
content is 2 percent or less, by weight; and iii) none of the elements
listed below exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical and chemical description
provided above are within the scope of this review unless otherwise
excluded. The following products, by way of example, are outside 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., 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 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 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 this review 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. Certain hot-rolled carbon steel flat
products covered by this review, including: vacuum degassed fully
stabilized; high strength low alloy; and the substrate for motor
lamination steel may also enter under the following tariff numbers:
7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although the HTSUS
subheadings are provided for convenience and CBP purposes, the written
description of the merchandise is dispositive.
Analysis of Comments Received
The Department has received case and rebuttal briefs from
petitioner, Nucor and SSI. All case and rebuttal briefs for the final
results are addressed in the memorandum ``Issues and Decision
Memorandum for the Final Results of Antidumping Duty Administrative
Review, Partial Revocation of Antidumping Duty Order and Partial
Rescission of Antidumping Duty Administrative Review of Certain Hot-
Rolled Carbon Steel Flat Products from Thailand'' from Stephen J.
Claeys, Deputy Assistant Secretary, Import Administration, to David M.
Spooner, Assistant Secretary, Import Administration, dated May 8, 2006
(Decision Memorandum), which is hereby adopted by this notice. Attached
to this notice as an Appendix is a list of the issues that petitioner,
Nucor, and SSI have raised and to which we have responded in the
Decision Memorandum. Parties can find a complete discussion of all
issues raised in this review and the corresponding recommendations in
the Decision Memorandum, which is on file in the Department's Central
Records Unit, located at 14th Street and Constitution Avenue, NW, Room
B-099. In addition, a complete version of the Decision Memorandum can
be accessed directly on the Import Administration Web site at https://
ia.ita.doc.gov/ under the heading Federal Register Notices. The paper
copy and electronic version of the Decision Memorandum are identical in
content.
The Department notes that SSI included in its rebuttal briefs a
response to certain allegations of affiliation made by Nucor in its
original February 7, 2006, case brief. Because the Department
ultimately rejected Nucor's case brief with respect to its affiliation
argument as new factual information, SSI's rebuttal argument will not
be considered. See the Department's February 13, 2006, letter to Nucor
rejecting its affiliation argument as new factual information.
Changes Since the Preliminary Results
Based on our analysis of comments received and findings at
verification, we made the following changes from the preliminary
results:
(1) We excluded certain United States sales form the analysis that
entered after the POR;
(2) We adjusted SSI's general and administrative (G&A) to exclude
[[Page 28661]]
revenue earned on the sale of scrap to offset G&A expenses, excluded
the cost of scrap from the denominator of both the G&A and financial
expense ratio calculations, and excluded revenue earned from the early
redemption of a bond from the numerator of the G&A expense ratio
calculation;
(3) We adjusted our computer programs to reflect a single level of
trade in the home market and the United States market; and
(4) We excluded certain costs associated with SSI's hot-finishing
line to avoid double counting in the cost calculation.
Final Results of Review
We determine that the following dumping margins exist for the
period November 1, 2003 through October 31, 2004:
------------------------------------------------------------------------
Manufacturer/Exporter Margin (Percent)
------------------------------------------------------------------------
SSI................................................. 0.00
------------------------------------------------------------------------
Assessment Rates
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 Tariff Act
of 1930 (``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. The Department clarified its ``automatic assessment''
regulation on May 6, 2003 (68 FR 23954). This clarification will apply
to entries of subject merchandise during the period of review produced
by companies included in these final results of reviews for which the
reviewed companies did not know their merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction. For a full
discussion of this clarification, see Notice of Policy Concerning
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Antidumping duties for the rescinded companies, Nakornthai and G Steel,
shall be assessed at rates equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(I).
The Department will issue appropriate assessment instructions directly
to CBP within 15 days of publication of these final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise 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) Because
the antidumping duty order on certain hot-rolled carbon steel flat
products is being revoked with respect to SSI, no deposit will be
required; (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
most recent review; (3) if the exporter is not a firm covered in this
review, a prior review, or the investigation, but the producer is, the
cash deposit rate will be that established for the most recent period
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will be 3.86 percent, the ``all
others'' rate established in the less-than-fair-value investigation (66
FR 49622, September 28, 2001). These deposit requirements shall remain
in effect until publication of the final results of the next
administrative review.
Notification of Interested Parties
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 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 the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation, which is subject to sanction.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 8, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix
List of Comments and Issues in the Decision Memorandum
Comment 1: Revocation
Comment 2: Excluded Sales
Comment 3: Calculation of General and Administrative and Interest
Expenses
Comment 4: Level of Trade
Comment 5: Variable Cost of Manufacture
[FR Doc. E6-7505 Filed 5-16-06; 8:45 am]
BILLING CODE 3510-DS-S
