Final Results of Countervailing Duty Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products from India, 28665-28667 [E6-7506]
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Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Notices
mstockstill on PROD1PC61 with NOTICES
for the initiation of an
anticircumvention inquiry.
Accordingly, the Department is
initiating a formal anticircumvention
inquiry concerning the antidumping
duty order on petroleum wax candles
from the PRC, pursuant to section 781(a)
of the Tariff Act. Based upon the
information included in NCA’s Request
and its April 4, 2006 submission, as
well as our analysis of relevant CBP
import data, the Department is initiating
this anticircumvention inquiry with
respect to the following firms: DECOR–
WARE, Inc., A&M Wholesalers, Inc.,
Albert E. Price, and Northern Lights
Enterprises.1 See Memorandum to the
File, dated May 11, 2006 (placing
business proprietary CBP data on the
record of this proceeding). In
accordance with 19 CFR 351.225(l)(2), if
the Department issues a preliminary
affirmative determination that imports
of wax forms and other candle
components are circumventing the order
on petroleum wax candles from the
PRC, we will instruct CBP to suspend
liquidation and require a cash deposit of
estimated duties on the merchandise
subject to this inquiry from the date of
initiation.
The Department notes that at this time
it is initiating this inquiry solely with
respect to the four firms listed above.
Based on the record developed to date,
the Department does not have sufficient
evidence that other firms mentioned by
NCA are engaging in the activities that
NCA alleges are circumventing the
Candles Order. See Memorandum to the
File, dated May 11, 2006. However, if
within 45 days of the date of this
initiation, the Department receives
sufficient evidence that other importers
are importing wax forms for completion
into finished candles in the United
States, we will consider examining any
such additional importers.
The Department will establish a
schedule for questionnaires and
comments on the issues. Pursuant to
Section 781(f) of the Tariff Act, the
Department intends to issue its final
determination within 300 days from the
date of signature of this initiation.
This notice is published in
accordance with section 781(a) of the
Tariff Act and 19 CFR 351.225.
Dated: May 11, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–7504 Filed 5–16–06; 8:45 am]
1 Identified as Decoware Inc., A & M Wholesalers
Inc., Albert E. Price Inc, and Northern Lights
Enterprises as the importers on record in CBP data.
16:39 May 16, 2006
Jkt 208001
International Trade Administration
(C–533–821)
Final Results of Countervailing Duty
Administrative Review: Certain Hot–
Rolled Carbon Steel Flat Products from
India
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 10, 2006, the
Department of Commerce (the
Department) published in the Federal
Register its preliminary results of
administrative review of the
countervailing duty (CVD) order on
certain hot–rolled carbon steel flat
products from India for the period
January 1, 2004, through December 31,
2004. See Notice of Preliminary Results
of Countervailing Duty Administrative
Review: Certain Hot–Rolled Carbon Flat
Products from India, 71 FR 1512
(January 10, 2006) (Preliminary Results).
The Department has now completed the
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Based on our analysis of the
comments received, the Department has
revised the net subsidy rate for Essar
Steel Ltd. (Essar), the producer/exporter
of subject merchandise covered by this
review. For further discussion of our
analysis of the comments received for
these final results, see the May 10, 2006,
Issues and Decision Memorandum from
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, to
David M. Spooner, Assistant Secretary
for Import Administration, concerning
the Final Results of Countervailing Duty
Administrative Review: Certain Hot–
Rolled Carbon Steel Flat Products from
India (HRC Decision Memorandum
2004). The final net subsidy rate for
Essar is listed below in ‘‘Final Results
of Review.’’
EFFECTIVE DATE: May 17, 2006.
FOR FURTHER INFORMATION CONTACT:
Tipten Troidl or Preeti Tolani, Import
Administration, AD/CVD Operations,
Office 3, U.S. Department of Commerce,
Room 4014, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–1767 or
(202) 482–0395, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
BILLING CODE 3510–DS–S
VerDate Aug<31>2005
DEPARTMENT OF COMMERCE
Pursuant to 19 CFR 351.213(b), this
review covers only those producers or
exporters of the subject merchandise for
which a review was specifically
requested. Accordingly, this review
PO 00000
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Fmt 4703
Sfmt 4703
28665
covers only Essar. The review covers the
period January 1, 2004, through
December 31, 2004, and 11 programs.
On January 10, 2006, the Department
published in the Federal Register its
preliminary results. See Preliminary
Results at 71 FR 1512. We invited
interested parties to comment on the
results. On February 21, 2006, we
received case briefs from both
petitioner 1 and the respondent, Essar.
On February 28, 2006, we received
rebuttal briefs from petitioner and Essar.
On March 2, 2006, a public hearing was
held at the Department of Commerce
with respect to Essar.
Scope of Order
The merchandise subject to this order
is 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 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 mm, not in coils and without
patterns in relief) of a thickness not less
than 4.0 mm is not included within the
scope of this order.
Specifically included in the scope of
this order are vacuum–degassed, fully
stabilized (commonly referred to as
interstitial–free (IF)) steels, high–
strength low–alloy (HSLA) steels, and
the substrate for motor lamination
steels. IF steels are recognized as low–
carbon steels with micro–alloying levels
of elements such as titanium or niobium
(also commonly referred to as
columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA
steels are recognized as steels with
micro–alloying levels of elements such
as chromium, copper, niobium,
vanadium, and molybdenum. The
substrate for motor lamination steels
contains micro–alloying levels of
elements such as silicon and aluminum.
Steel products included in the scope
of this order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (HTSUS), are products in
which: i) Iron predominates, by weight,
over each of the other contained
elements; ii) the carbon content is 2
1 Petitioner in this case is United States Steel
Corporation.
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28666
Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Notices
percent or less, by weight; and iii) none
of the elements listed below exceeds the
quantity, by weight, respectively
indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical
and chemical description provided
above are within the scope of this order
unless otherwise excluded. The
following products, by way of example,
are outside or specifically excluded
from the scope of this order:
• Alloy hot–rolled steel products in
which at least one of the chemical
elements exceeds those listed above
(including, e.g., ASTM
specifications A543, A387, A514,
A517, A506).
• SAE/AISI grades of series 2300 and
higher.
• Ball bearings steels, as defined in
the HTSUS.
• Tool steels, as defined in the
HTSUS.
mstockstill on PROD1PC61 with NOTICES
• 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 order
is currently classifiable in the HTSUS at
subheadings: 7208.10.15.00,
7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00,
7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60,
7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60,
7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15,
7208.39.00.30, 7208.39.00.90,
VerDate Aug<31>2005
15:08 May 16, 2006
Jkt 208001
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 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. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise subject to this order is
dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the HRC Decision
Memorandum 2004, which is hereby
adopted by this notice. A list of the
issues contained in that decision
memorandum is attached to this notice
as Appendix I. Parties can find a
complete discussion of the issues raised
in this review and the corresponding
recommendations in that public
memorandum, which is on file in the
Central Records Unit (CRU), room B–
099 of the Main Commerce Building. In
addition, a complete copy of the HRC
Decision Memorandum 2004 can be
accessed directly on the World Wide
Web at https://ia.ita.doc.gov/frn/. The
paper copy and electronic version of the
decision memorandum are identical in
content.
Final Results of Review
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
an ad valorem net subsidy rate for Essar.
For the period of review (POR), we
determine the net subsidy rate to be 4.56
percent ad valorem.
We intend to issue liquidation
instructions to U.S. Customs and Border
Protection (CBP) for entries or exports
made during the period January 1, 2004,
through December 31, 2004. We will
instruct CBP, within 15 days of
publication of the final results of this
review, to collect cash deposits of
PO 00000
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Fmt 4703
Sfmt 4703
estimated countervailing duties at 4.56
percent ad valorem of the f.o.b. price on
all shipments of the subject
merchandise from Essar, entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results.
We will instruct CBP to continue to
collect cash deposits for non–reviewed
companies at the most recent company–
specific rate applicable to the company.
Accordingly, the cash deposit rate that
will be applied to non–reviewed
companies covered by this order will be
the rate for that company established in
the investigation or the most recently
completed administrative review. See
Notice of Amended Final Determination
and Notice of Countervailing Duty
Orders: Certain Hot–Rolled Carbon Steel
Flat Products from India and Indonesia,
66 FR 60200 (December 3, 2001). The
‘‘all others’’ rate shall apply to all non–
reviewed companies until a review of a
company assigned this rate is requested.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This administrative review and this
notice are issued and published in
accordance with section 751(a)(1) and
777(i)(1) of the Act.
Dated: May 10, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix I Issues and Decision
Memorandum
I. Subsidies Valuation Information
A. Benchmark for Short–Term Loans
B. Benchmark for Long–Term Loans
issued up to 2000
C. Benchmark for Long–Term Loans
issued in 2001 and 2002
D. Benchmark for Long–Term Loans
issued in 2003 and 2004
II. Analysis Of Programs
A. Programs Determined to Confer
Subsidies
1. Export Promotion of Capital Goods
Scheme (EPCGS)
2. State Government of Gujarat
(SGOG) Tax Incentives
3. Bombay Relief Undertaking (BRU)
Act
4. Sale of High–Grade Iron Ore for
E:\FR\FM\17MYN1.SGM
17MYN1
Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Notices
Less than Adequate Remuneration
B. Programs Determined Not to be
Used
1. Duty Free Replenishment
Certificate (DFRC)
2. Pre–Shipment Export Financing
3. Duty Entitlement Passbook (DEPS)
4. Target Plus Scheme
5. Advance Licenses
6. Tax Incentives from the State of
Government of Maharashtra
(SGOM)
C. Program Determined Not to Be
Countervailable
1. Corporate Debt Restructuring
III. Total Ad Valorem Rate
IV. Analysis of Comments
Comment 1: Correct Calculation of State
Government of Gujarat Tax Incentives
Program
Comment 2: Benchmark Price for High–
Grade Iron Ore
Comment 3: Benefit Calculation for the
Sale of High–Grade Iron Ore for Less
than Adequate Remuneration
Comment 4: Denominator Used in
Calculating the Export Promotion of
Capital Goods Scheme (EPCGS) Subsidy
Rate
Comment 5: Inclusion of a Line Item in
an EPCGS License Calculation
[FR Doc. E6–7506 Filed 5–16–06; 8:45 am]
take and scoping meetings. The original
notice was published March 27, 2006.
DATES: We must receive written
comments on alternatives and issues to
be addressed in the EIS by June 14,
2006. We will hold public scoping
meetings on:
Tuesday, June 6, 2006, at East
Portland Community Center, 740 SE
106th Avenue, Portland, OR from 5 p.m.
to 7 p.m., and on Wednesday, June 7,
2006, at Portland City Hall, Lovejoy
Room, 1221 SW 4th Avenue, Portland,
OR from 5 p.m. to 7 p.m.. We will
accept oral and written comments at
these meetings.
FOR FURTHER INFORMATION CONTACT: Joe
Zisa, USFWS, (360)231–6961 or Ben
Meyer, NMFS, (503)230–5425.
SUPPLEMENTARY INFORMATION: On March
27, 2006, NMFS published a notice of
scoping meetings. Accordingly, this
document is extending the comment
period and revisiong the time for the
first of two meetings [see DATES]. All
other information contained in the
original document has not been
changed.
Dated: May 11, 2006.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E6–7498 Filed 5–16–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
BILLING CODE 3510–DS–S
Patent and Trademark Office
DEPARTMENT OF COMMERCE
Submission for OMB Review;
Comment Request
National Oceanic and Atmospheric
Administration
[I.D. 031606A]
Notice of Intent to Prepare an
Environmental Impact Statement for
the Proposed Issuance of an Incidental
Take Permit; Extension of Comment
Period
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce
ACTION: Notice; scoping meetings;
extension of comment period and
revision.
mstockstill on PROD1PC61 with NOTICES
AGENCY:
SUMMARY: This document contains an
extension to the comment period and
revisions to the time for the first of two
meetings for a notice of intent to prepare
an environmental impact statement for
the proposed issuance of an incidental
VerDate Aug<31>2005
16:39 May 16, 2006
Jkt 208001
The United States Patent and
Trademark Office (USPTO) has
submitted to the Office of Management
and Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: United States Patent and
Trademark Office (USPTO).
Title: Customer Input—Patent and
Trademark Customer Surveys.
Form Number(s): None.
Agency Approval Number: 0651–
0038.
Type of Request: Revision of a
currently approved collection.
Burden: 220 hours annually.
Number of Respondents: 1,900
responses per year.
Avg. Hours Per Response: The USPTO
estimates that it will take the public
approximately 15 minutes (0.25 hours)
PO 00000
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Fmt 4703
Sfmt 4703
28667
to complete a telephone survey and 5
minutes (0.08 hours) to complete
questionnaires and customer surveys.
The questionnaires and customer
surveys can be completed on paper and
mailed to the USPTO or completed
electronically. It takes 5 minutes to
complete the surveys, whether they are
mailed to the USPTO or completed
electronically. This includes the time to
gather the necessary information,
prepare the form, and submit the
completed request.
Needs and Uses: The public uses the
telephone and customer surveys and the
questionnaires to provide their
opinions, suggestions, and comments
about the USPTO’s services, products,
and customer service. Depending on the
type of survey, the public can provide
their comments on the spot to the
interviewer, or complete the survey at
their own pace and either mail their
responses to the USPTO or submit their
responses electronically via a web-based
survey. The USPTO uses the data
collected from these surveys for
strategic planning, allocation of
resources, the establishment of
performance goals, and the verification
and establishment of service standards.
The USPTO also uses this data to assess
customer satisfaction with USPTO
products and services, to assess
customer priorities in service
characteristics, and to identify areas
where service levels differ from
customer expectations.
Affected Public: Individuals or
households, businesses or other forprofits, and not-for-profit institutions.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: David Rostker,
(202) 395–3897.
Copies of the above information
collection proposal can be obtained by
any of the following methods:
• E-mail: Susan.Brown@uspto.gov.
Include ‘‘0651–0038 copy request’’ in
the subject line of the message.
• Fax: 571–273–0112, marked to the
attention of Susan Brown.
• Mail: Susan K. Brown, Records
Officer, Office of the Chief Information
Officer, Architecture, Engineering and
Technical Services, Data Architecture
and Services Division, U.S. Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
Written comments and
recommendations for the proposed
information collection should be sent on
or before June 16, 2006, to David
Rostker, OMB Desk Officer, Room
10202, New Executive Office Building,
725 17th Street, NW., Washington, DC
20503.
E:\FR\FM\17MYN1.SGM
17MYN1
]]>Agencies
[Federal Register Volume 71, Number 95 (Wednesday, May 17, 2006)]
[Notices]
[Pages 28665-28667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7506]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(C-533-821)
Final Results of Countervailing Duty Administrative Review:
Certain Hot-Rolled Carbon Steel Flat Products from India
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 10, 2006, the Department of Commerce (the
Department) published in the Federal Register its preliminary results
of administrative review of the countervailing duty (CVD) order on
certain hot-rolled carbon steel flat products from India for the period
January 1, 2004, through December 31, 2004. See Notice of Preliminary
Results of Countervailing Duty Administrative Review: Certain Hot-
Rolled Carbon Flat Products from India, 71 FR 1512 (January 10, 2006)
(Preliminary Results). The Department has now completed the
administrative review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).
Based on our analysis of the comments received, the Department has
revised the net subsidy rate for Essar Steel Ltd. (Essar), the
producer/exporter of subject merchandise covered by this review. For
further discussion of our analysis of the comments received for these
final results, see the May 10, 2006, Issues and Decision Memorandum
from Stephen J. Claeys, Deputy Assistant Secretary for Import
Administration, to David M. Spooner, Assistant Secretary for Import
Administration, concerning the Final Results of Countervailing Duty
Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products
from India (HRC Decision Memorandum 2004). The final net subsidy rate
for Essar is listed below in ``Final Results of Review.''
EFFECTIVE DATE: May 17, 2006.
FOR FURTHER INFORMATION CONTACT: Tipten Troidl or Preeti Tolani, Import
Administration, AD/CVD Operations, Office 3, U.S. Department of
Commerce, Room 4014, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-1767 or (202) 482-0395,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to 19 CFR 351.213(b), this review covers only those
producers or exporters of the subject merchandise for which a review
was specifically requested. Accordingly, this review covers only Essar.
The review covers the period January 1, 2004, through December 31,
2004, and 11 programs. On January 10, 2006, the Department published in
the Federal Register its preliminary results. See Preliminary Results
at 71 FR 1512. We invited interested parties to comment on the results.
On February 21, 2006, we received case briefs from both petitioner \1\
and the respondent, Essar. On February 28, 2006, we received rebuttal
briefs from petitioner and Essar. On March 2, 2006, a public hearing
was held at the Department of Commerce with respect to Essar.
---------------------------------------------------------------------------
\1\ Petitioner in this case is United States Steel Corporation.
---------------------------------------------------------------------------
Scope of Order
The merchandise subject to this order is 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 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 mm, not in coils and without patterns in relief) of a
thickness not less than 4.0 mm is not included within the scope of this
order.
Specifically included in the scope of this order are vacuum-
degassed, fully stabilized (commonly referred to as interstitial-free
(IF)) steels, high-strength low-alloy (HSLA) steels, and the substrate
for motor lamination steels. IF steels are recognized as low-carbon
steels with micro-alloying levels of elements such as titanium or
niobium (also commonly referred to as columbium), or both, added to
stabilize carbon and nitrogen elements. HSLA steels are recognized as
steels with micro-alloying levels of elements such as chromium, copper,
niobium, vanadium, and molybdenum. The substrate for motor lamination
steels contains micro-alloying levels of elements such as silicon and
aluminum.
Steel products included in the scope of this order, regardless of
definitions in the Harmonized Tariff Schedule of the United States
(HTSUS), are products in which: i) Iron predominates, by weight, over
each of the other contained elements; ii) the carbon content is 2
[[Page 28666]]
percent or less, by weight; and iii) none of the elements listed below
exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical and chemical description
provided above are within the scope of this order unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of this order:
Alloy hot-rolled steel products in which at least one of
the chemical elements exceeds those listed above (including, e.g., ASTM
specifications A543, A387, A514, A517, A506).
SAE/AISI grades of series 2300 and higher.
Ball bearings steels, as defined in the HTSUS.
Tool steels, as defined in the HTSUS.
Silico-manganese (as defined in the HTSUS) or silicon
electrical steel with a silicon level exceeding 2.25 percent.
ASTM specifications A710 and A736.
USS Abrasion-resistant steels (USS AR 400, USS AR 500).
All products (proprietary or otherwise) based on an alloy
ASTM specification (sample specifications: ASTM A506, A507).
Non-rectangular shapes, not in coils, which are the result
of having been processed by cutting or stamping and which have assumed
the character of articles or products classified outside chapter 72 of
the HTSUS.
The merchandise subject to this order is currently classifiable in
the HTSUS at subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90. Certain hot-rolled 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. Subject merchandise
may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
Department's written description of the merchandise subject to this
order is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the HRC Decision Memorandum 2004, which is
hereby adopted by this notice. A list of the issues contained in that
decision memorandum is attached to this notice as Appendix I. Parties
can find a complete discussion of the issues raised in this review and
the corresponding recommendations in that public memorandum, which is
on file in the Central Records Unit (CRU), room B-099 of the Main
Commerce Building. In addition, a complete copy of the HRC Decision
Memorandum 2004 can be accessed directly on the World Wide Web at
https://ia.ita.doc.gov/frn/. The paper copy and electronic version of
the decision memorandum are identical in content.
Final Results of Review
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an ad valorem net subsidy rate for Essar. For the period of
review (POR), we determine the net subsidy rate to be 4.56 percent ad
valorem.
We intend to issue liquidation instructions to U.S. Customs and
Border Protection (CBP) for entries or exports made during the period
January 1, 2004, through December 31, 2004. We will instruct CBP,
within 15 days of publication of the final results of this review, to
collect cash deposits of estimated countervailing duties at 4.56
percent ad valorem of the f.o.b. price on all shipments of the subject
merchandise from Essar, entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results.
We will instruct CBP to continue to collect cash deposits for non-
reviewed companies at the most recent company-specific rate applicable
to the company. Accordingly, the cash deposit rate that will be applied
to non-reviewed companies covered by this order will be the rate for
that company established in the investigation or the most recently
completed administrative review. See Notice of Amended Final
Determination and Notice of Countervailing Duty Orders: Certain Hot-
Rolled Carbon Steel Flat Products from India and Indonesia, 66 FR 60200
(December 3, 2001). The ``all others'' rate shall apply to all non-
reviewed companies until a review of a company assigned this rate is
requested.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This administrative review and this notice are issued and published
in accordance with section 751(a)(1) and 777(i)(1) of the Act.
Dated: May 10, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix I Issues and Decision Memorandum
I. Subsidies Valuation Information
A. Benchmark for Short-Term Loans
B. Benchmark for Long-Term Loans issued up to 2000
C. Benchmark for Long-Term Loans issued in 2001 and 2002
D. Benchmark for Long-Term Loans issued in 2003 and 2004
II. Analysis Of Programs
A. Programs Determined to Confer Subsidies
1. Export Promotion of Capital Goods Scheme (EPCGS)
2. State Government of Gujarat (SGOG) Tax Incentives
3. Bombay Relief Undertaking (BRU) Act
4. Sale of High-Grade Iron Ore for
[[Page 28667]]
Less than Adequate Remuneration
B. Programs Determined Not to be Used
1. Duty Free Replenishment Certificate (DFRC)
2. Pre-Shipment Export Financing
3. Duty Entitlement Passbook (DEPS)
4. Target Plus Scheme
5. Advance Licenses
6. Tax Incentives from the State of Government of Maharashtra
(SGOM)
C. Program Determined Not to Be Countervailable
1. Corporate Debt Restructuring
III. Total Ad Valorem Rate
IV. Analysis of Comments
Comment 1: Correct Calculation of State Government of Gujarat Tax
Incentives Program
Comment 2: Benchmark Price for High-Grade Iron Ore
Comment 3: Benefit Calculation for the Sale of High-Grade Iron Ore for
Less than Adequate Remuneration
Comment 4: Denominator Used in Calculating the Export Promotion of
Capital Goods Scheme (EPCGS) Subsidy Rate
Comment 5: Inclusion of a Line Item in an EPCGS License Calculation
[FR Doc. E6-7506 Filed 5-16-06; 8:45 am]
BILLING CODE 3510-DS-S
