Certain Hot-Rolled Carbon Steel Flat Products From India: Final Results of Antidumping Duty Administrative Review, 40694-40696 [E6-11292]
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40694
Federal Register / Vol. 71, No. 137 / Tuesday, July 18, 2006 / Notices
will be the PRC–wide rate (i.e., 376.67
percent).
Notification of Interested Parties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during the review period. Pursuant to 19
CFR 351.402(f)(3), failure to comply
with this requirement could result in
the Department’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 order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO as explained in
the administrative protective order
itself. 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 this
notice in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act, 19
CFR 351.214(i)(1), and 19 CFR
351.221(b)(5).
Dated: July 11, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–11290 Filed 7–17–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–820]
Certain Hot–Rolled Carbon Steel Flat
Products From India: Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 12, 2006, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
hot–rolled carbon steel flat products
(HRS) from India. See Certain Hot–
Rolled Carbon Steel Flat Products From
India: Preliminary Results of
Antidumping Duty Administrative
Review, 71 FR 2018 (January 12, 2006)
(Preliminary Results). This review
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AGENCY:
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covers one producer/exporter of HRS,
Essar Steel Ltd. (Essar). The period of
review (POR) is December 1, 2003,
through November 30, 2004. Based on
our analysis of the comments received,
we made changes to the preliminary
dumping margin calculation. Despite
these changes, the calculated dumping
margin for these final results does not
differ from the dumping margin
determined in 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: July 18, 2006.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Pedersen or Howard Smith, AD/
CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230,
telephone: (202) 482–2769 or (202) 482–
5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 12, 2006, the Department
published the Preliminary Results in the
Federal Register and invited interested
parties to comment on those results. In
response to the Department’s invitation
to comment on the Preliminary Results
of this review, Essar and Nucor
Corporation (Nucor), one of two
petitioners, filed case briefs on February
22, 2006. Essar, Nucor and United States
Steel Corporation (USSC), the other
petitioner, filed rebuttal briefs on
February 27, 2006. At the Department’s
request, Nucor excluded certain factual
information from its brief and rebuttal
brief and resubmitted its briefs on
March 17, 2006. On March 3, 2006,
Essar withdrew its February 10, 2006,
request for a hearing.
Scope of the Order
The products covered by the
antidumping duty order are certain hot–
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
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without patterns in relief) of a thickness
not less than 4.0 mm is not included
within the scope of the order.
Specifically included within the
scope of the 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 the 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 the order
unless otherwise excluded. The
following products, by way of example,
are outside or specifically excluded
from the scope of the order:
• Alloy HRS 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.
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Federal Register / Vol. 71, No. 137 / Tuesday, July 18, 2006 / Notices
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• Silico–manganese (as defined in the
HTSUS) or silicon electrical steel
with a silicon level exceeding 2.25
percent.
• ASTM specifications A710 and
A736.
• USS abrasion–resistant steels (USS
AR 400, USS AR 500).
• All products (proprietary or
otherwise) based on an alloy ASTM
specification (sample specifications:
ASTM A506, A507).
• Non–rectangular shapes, not in
coils, which are the result of having
been processed by cutting or
stamping and which have assumed
the character of articles or products
classified outside chapter 72 of the
HTSUS.
The merchandise subject to the 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, 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 the 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
written description of the merchandise
under review is dispositive.
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum to
David M. Spooner, Assistant Secretary
for Import Administration, from
Stephen J. Claeys, Deputy Assistant
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16:25 Jul 17, 2006
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Secretary for Import Administration,
dated concurrently herewith (the
Decision Memorandum), which is
adopted herein, by reference. Attached,
as an appendix to this notice, is a list
of the comments the Department
received from interested parties, all of
which are discussed in the Decision
Memorandum. The Decision
Memorandum is on file in the Central
Record Unit, Room B–099 of the Herbert
C. Hoover Building, and may be
accessed on the Web at https://
ia.ita.doc.gov/frn/.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we made the following
changes in the comparison and margin
calculation programs. For a full
discussion of these changes, see the
Decision Memorandum.
1. We corrected our ministerial error
related to the addition to costs of
credits granted under the Duty
Entitlement Passbook Scheme.
2. We corrected ministerial errors
related to increases of general and
administrative (G&A) and interest
expenses that were added in
addition to increases of material
costs by the Department under the
major input rule.
40695
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 review
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 involved in the
transaction. For a full discussion of this
clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Cash Deposits
The following cash 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 the final results of this
administrative review, as provided by
section 751(a)(1) of the Tariff Act of
1930, as amended (the Act). In the
instant matter: (1) since the dumping
margin for Essar is de minimis (less than
0.50 percent), no cash deposit will be
required for Essar; (2) for previously
Final Results of Review
investigated or reviewed companies not
As a result of this review, we
listed above, the cash deposit rate will
determine that the following weighted–
continue to be the company–specific
average dumping margin exists for the
rate published for the most recent
period December 1, 2003, through
period; (3) if the exporter is not a firm
November 30, 2004:
covered in this review, a prior review,
or the less–than-fair–value (LTFV)
Manufacturer/Exporter
Margin (percent)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
Essar Steel Limited ......
0.00 (de minimis)
established for the most recent period
for the manufacturer of the subject
Assessment
merchandise; and (4) the cash deposit
The Department has determined, and
rate for all other manufacturers or
U.S. Customs and Border Protection
exporters will continue to be the ‘‘all
(CBP) shall assess, antidumping duties
others’’ rate of 23.87 percent, which is
on all appropriate entries, pursuant to
the ‘‘all others’’ rate established in the
19 CFR § 351.212(b). The Department
LTFV investigation (38.72 percent),
calculated an importer–specific duty
adjusted for the export subsidy rate in
assessment rate on the basis of the ratio
the companion countervailing duty
of the total amount of antidumping
investigation. These cash deposit rates,
duties calculated for the examined sales when imposed, shall remain in effect
to the total entered value of the
until publication of the final results of
examined sales. Where the importer–
the next administrative review. See
specific assessment rate is above de
section 751(a)(2)(C) of the Act.
minimis, the Department will instruct
CBP to assess the importer–specific rate Notification to Parties
This notice serves as a final reminder
uniformly on the entered value of all
to importers of their responsibility
entries of subject merchandise by that
under 19 CFR § 351.402(f)(2) to file a
importer. The Department will issue
certificate regarding the reimbursement
appropriate assessment instructions
of antidumping duties prior to
directly to CBP within 15 days of
liquidation of the relevant entries
publication of the final results of
during this review period. Failure to
review.
The Department clarified its
comply with this requirement could
‘‘automatic assessment’’ regulation on
result in the Secretary’s presumption
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40696
Federal Register / Vol. 71, No. 137 / Tuesday, July 18, 2006 / Notices
that reimbursement of the antidumping
duties occurred and the concomitant
assessment of double antidumping
duties. This notice is also the only
reminder to parties subject to the
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.
The Department is publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: July 11, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
List of Issues Discussed in the Issues
and Decision Memorandum
Comment 1: Determining the Market
Price of Electricity in Applying the
Major Input Rule
Comment 2: Whether to Adjust U.S.
Prices for Duties Imposed to Offset
Export Subsidies
Comment 3: Whether to Recalculate
Interest and General and Administrative
Expenses After Applying the Major
Input Rule
Comment 4: Adding Import Duties to
Reported Costs
[FR Doc. E6–11292 Filed 7–17–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–834]
Stainless Steel Sheet and Strip in Coils
from the Republic of Korea; Notice of
Extension of Time Limits for Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 18, 2006.
FOR FURTHER INFORMATION CONTACT: Irina
Itkin or Brianne Riker, AD/CVD
Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–0656 and (202)
482–0629, respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
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18:27 Jul 17, 2006
Jkt 208001
Background
The Department of Commerce (the
Department) published an antidumping
duty order on stainless steel sheet and
strip in coils (SSSSC) from the Republic
of Korea on July 27, 1999. See Notice of
Antidumping Duty Order; Stainless
Steel Sheet and Strip in Coils From
United Kingdom, Taiwan and South
Korea, 64 FR 40555 (July 27, 1999). On
August 29, 2005, the Department
published a notice of initiation of an
administrative review of the order on
SSSSC from Korea for the period July 1,
2004, through June 30, 2005. See 70 FR
51009. The respondents in this
administrative review are: Boorim
Corporation, Dae Kyung Corporation,
DaiYang Metal Co., Ltd., Dine Trading
Co., Ltd., and Dosko Co., Ltd. On April
10, 2005, the Department published in
the Federal Register its preliminary
results. See Stainless Steel Sheet and
Strip in Coils from the Republic of
Korea; Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review, 71 FR 18074
(Apr. 10, 2006). The final results are
currently due no later than August 8,
2006.
Extension of the Time Limit for Final
Results of Administrative Review
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act) requires
the Department to make a final
determination in an administrative
review within 120 days after the date on
which the preliminary determination is
published. However, if it is not
practicable to complete the review
within this time period, section
751(a)(3)(A) of the Act allows the
Department to extend the time limit for
the final results to 180 days (or 300 days
if the Department does not extend the
time limit for the preliminary results)
from the date of publication of the
preliminary results.
In accordance with section
751(a)(3)(A) of the Act, and 19 CFR
351.213(h)(2), the Department finds that
it is not practicable to complete the
review within the original time frame
because analysis of the issues presented
in the case briefs, including the issue
related to the U.S. price adjustment for
countervailing duties imposed to offset
export subsidies, requires additional
time. Because it is not practicable to
complete this administrative review
within the time limit mandated by
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2), the Department is
fully extending the time limit for
completion of the final results to 300
days. Therefore, the final results are due
no later than February 5, 2007, the next
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business day after 300 days from
publication of the preliminary results.
This notice is issued and published in
accordance with section 751(a)(3)(A) of
the Act.
Dated: July 11, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–11370 Filed 7–17–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–808]
Stainless Steel Wire Rods From India:
Notice of Rescission of Antidumping
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 19, 2006, the
Department of Commerce (The
Department) published a notice of its
intent to rescind the administrative
review of the antidumping duty order
on stainless steel wire rods from India
for Viraj Alloys, Ltd., Viraj Forgings,
Ltd., Viraj Impoexpo, Ltd., Viraj
Smelting, Viraj Profiles, and VSL Wires,
Ltd. (collective, the Viraj entities), and
Mukand Limited (Mukand) due to the
lack of suspended entries of
merchandise subject to the order during
the period December 1, 2004, through
November 30, 2005. See Stainless Steel
Wire Rods from India: Notice of Intent
of Rescind Antidumping Duty
Administrative Review, 71 FR 29124
(May 19, 2006). The Department
received comments from Mukand and
rebuttal comments from the petitioner,
Carpenter Technology Corporation,
regarding Mukand but did not receive
any comments from any parties
regarding the Viraj entities. We are now
rescinding the administrative review
with respect to the Viraj entities and
Mukand.
DATES: Effective Date: July 18, 2006.
FOR FURTHER INFORMATION CONTACT:
Kristin Case or John Holman, AD/CVD
Operations Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone (202) 482–3174 or (202) 482–
3683, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
After initiating an administrative
review of the Viraj entities and Mukand
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]]>Agencies
[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Notices]
[Pages 40694-40696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11292]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-820]
Certain Hot-Rolled Carbon Steel Flat Products From India: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 12, 2006, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on certain hot-rolled carbon steel
flat products (HRS) from India. See Certain Hot-Rolled Carbon Steel
Flat Products From India: Preliminary Results of Antidumping Duty
Administrative Review, 71 FR 2018 (January 12, 2006) (Preliminary
Results). This review covers one producer/exporter of HRS, Essar Steel
Ltd. (Essar). The period of review (POR) is December 1, 2003, through
November 30, 2004. Based on our analysis of the comments received, we
made changes to the preliminary dumping margin calculation. Despite
these changes, the calculated dumping margin for these final results
does not differ from the dumping margin determined in 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: July 18, 2006.
FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen or Howard Smith, AD/
CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
2769 or (202) 482-5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 12, 2006, the Department published the Preliminary
Results in the Federal Register and invited interested parties to
comment on those results. In response to the Department's invitation to
comment on the Preliminary Results of this review, Essar and Nucor
Corporation (Nucor), one of two petitioners, filed case briefs on
February 22, 2006. Essar, Nucor and United States Steel Corporation
(USSC), the other petitioner, filed rebuttal briefs on February 27,
2006. At the Department's request, Nucor excluded certain factual
information from its brief and rebuttal brief and resubmitted its
briefs on March 17, 2006. On March 3, 2006, Essar withdrew its February
10, 2006, request for a hearing.
Scope of the Order
The products covered by the antidumping duty order are certain hot-
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 the
order.
Specifically included within the scope of the 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 the 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 the order unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of the order:
Alloy HRS 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.
[[Page 40695]]
Silico-manganese (as defined in the HTSUS) or silicon
electrical steel with a silicon level exceeding 2.25 percent.
ASTM specifications A710 and A736.
USS abrasion-resistant steels (USS AR 400, USS AR 500).
All products (proprietary or otherwise) based on an alloy
ASTM specification (sample specifications: ASTM A506, A507).
Non-rectangular shapes, not in coils, which are the result
of having been processed by cutting or stamping and which have assumed
the character of articles or products classified outside chapter 72 of
the HTSUS.
The merchandise subject to the 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, 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 the 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
written description of the merchandise under review is dispositive.
Analysis of Comments Received
The issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum to David M. Spooner, Assistant
Secretary for Import Administration, from Stephen J. Claeys, Deputy
Assistant Secretary for Import Administration, dated concurrently
herewith (the Decision Memorandum), which is adopted herein, by
reference. Attached, as an appendix to this notice, is a list of the
comments the Department received from interested parties, all of which
are discussed in the Decision Memorandum. The Decision Memorandum is on
file in the Central Record Unit, Room B-099 of the Herbert C. Hoover
Building, and may be accessed on the Web at https://ia.ita.doc.gov/frn/
index.html.
Changes Since the Preliminary Results
Based on our analysis of comments received, we made the following
changes in the comparison and margin calculation programs. For a full
discussion of these changes, see the Decision Memorandum.
1. We corrected our ministerial error related to the addition to costs
of credits granted under the Duty Entitlement Passbook Scheme.
2. We corrected ministerial errors related to increases of general and
administrative (G&A) and interest expenses that were added in addition
to increases of material costs by the Department under the major input
rule.
Final Results of Review
As a result of this review, we determine that the following
weighted-average dumping margin exists for the period December 1, 2003,
through November 30, 2004:
------------------------------------------------------------------------
Manufacturer/Exporter Margin (percent)
------------------------------------------------------------------------
Essar Steel Limited................................. 0.00 (de minimis)
------------------------------------------------------------------------
Assessment
The Department has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to 19 CFR Sec. 351.212(b). The Department calculated
an importer-specific duty assessment rate 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. Where the
importer-specific assessment rate is above de minimis, the Department
will instruct CBP to assess the importer-specific rate uniformly on the
entered value of all entries of subject merchandise by that importer.
The Department will issue appropriate assessment instructions directly
to CBP within 15 days of publication of the final results of review.
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 review 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 involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposits
The following cash 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 the
final results of this administrative review, as provided by section
751(a)(1) of the Tariff Act of 1930, as amended (the Act). In the
instant matter: (1) since the dumping margin for Essar is de minimis
(less than 0.50 percent), no cash deposit will be required for Essar;
(2) for previously investigated or reviewed companies not listed above,
the cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the less-than-fair-value
(LTFV) investigation, but the manufacturer is, the cash deposit rate
will be the rate established for the most recent period for the
manufacturer of the subject merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be the ``all
others'' rate of 23.87 percent, which is the ``all others'' rate
established in the LTFV investigation (38.72 percent), adjusted for the
export subsidy rate in the companion countervailing duty investigation.
These cash deposit rates, when imposed, shall remain in effect until
publication of the final results of the next administrative review. See
section 751(a)(2)(C) of the Act.
Notification to Parties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR Sec. 351.402(f)(2) 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
[[Page 40696]]
that reimbursement of the antidumping duties occurred and the
concomitant assessment of double antidumping duties. This notice is
also the only reminder to parties subject to the administrative
protective order (APO) of their responsibility concerning the return or
destruction of proprietary information disclosed under APO in
accordance with 19 CFR Sec. 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.
The Department is publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 11, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
List of Issues Discussed in the Issues and Decision Memorandum
Comment 1: Determining the Market Price of Electricity in Applying the
Major Input Rule
Comment 2: Whether to Adjust U.S. Prices for Duties Imposed to Offset
Export Subsidies
Comment 3: Whether to Recalculate Interest and General and
Administrative Expenses After Applying the Major Input Rule
Comment 4: Adding Import Duties to Reported Costs
[FR Doc. E6-11292 Filed 7-17-06; 8:45 am]
BILLING CODE 3510-DS-S
