Certain Hot-Rolled Carbon Steel Flat Products from the Netherlands; Preliminary Results of the Sunset Review of Antidumping Duty Order, 7604-7606 [E7-2816]
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7604
Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Notices
determines that it is not practicable to
complete the review within these time
periods, section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(2) allow the
Department to extend the 245-day
period to 365 days and the 120-day
period to 180 days.
We determine that it is not practicable
to complete the preliminary results of
this administrative review by the
current deadline of March 2, 2007. The
Department requires additional time to
´
review Aragonesas Industrias y Energıa
S.A.’s recent submissions, which may
require the Department to make
additional requests for information in
regard to affiliation, and certain sales
and cost of production-related issues.
Therefore, in accordance with section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2), the Department is
extending the time limit for the
completion of these preliminary results
to June 1, 2007. The final results will be
due 120 days after the date of issuance
of the preliminary results, unless
extended.
This notice is issued and published in
accordance with sections 751(a)(3)(A)
and 777(i)(1) of the Act.
Dated: February 13, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–2820 Filed 2–15–07; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–421–807]
Certain Hot–Rolled Carbon Steel Flat
Products from the Netherlands;
Preliminary Results of the Sunset
Review of Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 1, 2006, the
Department of Commerce (‘‘the
Department’’) initiated a sunset review
of the antidumping duty order on
certain hot–rolled carbon steel flat
products from the Netherlands (see
Initiation of Five-year (‘‘Sunset’’)
Reviews, 71 FR 43443 (August 1, 2006)).
On the basis of the notice of intent to
participate, adequate substantive
responses and rebuttal comments filed
on behalf of the domestic and
respondent interested parties, the
Department is conducting a full sunset
review of the antidumping duty order
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘the Act’’) and
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AGENCY:
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section 351.218(e)(2)(i) of the
Department’s regulations. As a result of
this sunset review, the Department
preliminarily finds that revocation of
the antidumping duty order would
likely lead to continuation or recurrence
of dumping at the levels listed below in
the section entitled ‘‘Preliminary
Results of Review.’’
EFFECTIVE DATE: February 16, 2007.
FOR FURTHER INFORMATION CONTACT:
Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC, 20230;
telephone: 202–482–1131 and 202–482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2005, the Department
published its notice of initiation of the
first sunset review of the antidumping
duty order on certain hot–rolled carbon
steel flat products from the Netherlands,
in accordance with section 751(c) of the
Act. See Initiation of Five-year
(‘‘Sunset’’) Reviews, 71 FR 43443
(August 1, 2006) (Notice of Initiation).
The Department received a Notice of
Intent to Participate from a respondent
interested party, Corus Staal BV. Corus
Staal BV claimed interested party status
as a foreign producer, under section
771(9)(A) of the Act (19 U.S.C.
1677(9)(A)) and 19 CFR 351.102(b).
The Department also received a
Notice of Intent to Participate from the
following domestic interested parties:
Nucor Corporation; Gallatin Steel;
IPSCO Steel, Inc.; Steel Dynamics, Inc.;
Mittal Steel USA; and United States
Steel Corporation (collectively Domestic
Producers). Finally, the Department
received a Notice of Intent to Participate
from an additional domestic interested
party: United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO-CLC. The
Notices of Intent to Participate from
domestic interested parties were within
the deadline specified in section
351.218(d)(1)(i) of the Department’s
Regulations (see Procedures for
Conducting Five-year (‘‘Sunset’’)
Reviews of Antidumping and
Countervailing Duty Orders (Sunset
Regulations), 63 FR 13516 (March 20,
1998)). The domestic interested parties
claimed interested party status under
sections 771(9)(C) and (D) of the Act, as
manufacturers of a domestic–like
product in the United States, and a
union whose workers are engaged in the
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Sfmt 4703
production of a domestic like product in
the United States.
The Department received a complete
substantive response to the Notice of
Initiation from the domestic interested
parties within the 30-day deadline
specified in the Sunset Regulations
under section 351.218(d)(3)(i). The
Department also received a complete
substantive response from a respondent
interested party, Corus Staal BV, within
the deadline specified in section
351.218(d)(3)(i) of the Department’s
regulations.
On September 1, 2006, the
Department received a request from
United States Steel Corporation for an
extension of the deadline for filing
rebuttal comments to the substantive
response of the respondent interested
parties. Pursuant to section 351.302(b)
of the Department’s regulations, parties
were granted an extension to file
rebuttal comments to the substantive
responses until September 8, 2006. On
September 8, 2006, Corus Staal BV and
United States Steel Corporation filed
rebuttal comments.
On September 20, 2006, the
Department found that the respondent
interested parties accounted for more
than 50 percent of exports by volume of
the subject merchandise from Germany
to the United States. See the September
20, 2006, memorandum from Robert
James to Richard Weible entitled
‘‘Sunset Review of Certain Hot–Rolled
Carbon Steel Flat Products from the
Netherlands: Adequacy of Domestic and
Respondent Interested Party Responses
to the Notice of Initiation.’’ In
accordance with section 351.218(e)(2)(i)
of the Department’s regulations, the
Department determined to conduct a
full sunset review of this antidumping
duty order.
The Department extended the
deadlines for the preliminary results of
this review and the final results of this
review to February 12, 2007, and June
22, 2007, respectively. See Certain Hot–
Rolled Carbon Steel Flat Products from
the Netherlands; Extension of Time
Limits for Preliminary and Final Results
of Full Five-year (‘‘Sunset’’) Review of
Antidumping Duty Order, 71 FR 67854
(November 24, 2006).
Scope of the Order
For purposes of this order, the
products covered 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),
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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 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 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 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).
• Society of Automotive Engineers
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(SAE)/American Iron and Steel
Institute (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 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 flat–rolled carbon
steel flat products 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 U.S. Customs
purposes, the written description of the
scope of this order is dispositive.
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7605
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the ‘‘Issues and
Decision Memorandum for the Full
Sunset Review of the Antidumping Duty
Order on Certain Hot–Rolled Carbon
Steel Flat Products from the
Netherlands; Preliminary Results,’’ from
Stephen Claeys, Deputy Assistant
Secretary for Import Administration, to
David Spooner, Assistant Secretary for
Import Administration, dated February
12, 2007 (‘‘Decision Memorandum’’),
which is hereby adopted by this notice.
The issues discussed in the Decision
Memorandum include: the legal
authority to conduct sunset review;
Corus Staal BV’s claim with regard to
the Department’s practice embodied in
the Sunset Review Policy Bulletin; the
likelihood of the continuation or
recurrence of dumping (non–de minimis
margins in administrative reviews, and
significant decline in import volumes);
the magnitude of the margin likely to
prevail (zeroing, sales by U.S. affiliate
GalvPro LP, and duty absorption).
Parties can find a complete discussion
of all issues raised in this sunset review
and the corresponding
recommendations in this public
memorandum, which is on file in room
B–099 of the main Department Building.
In addition, a complete version of the
Decision Memo can be accessed directly
on the Web at https://ia.ita.doc.gov/frn,
under the heading ‘‘February 2007.’’
The paper copy and electronic version
of the Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily
determines that revocation of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
the Netherlands is likely to lead to
continuation or recurrence of dumping
at the following weighted–average
margins:
Manufacturers/Producers/Exporters
Corus Staal BV .............
All Others ......................
Weighted–Average
Margin (Percent)
2.59
2.59
Any interested party may request a
hearing within 30 days of publication of
this notice in accordance with 19 CFR
351.310(c). Interested parties may
submit case briefs no later than 50 days
after the date of publication of this
notice, in accordance with 19 CFR
351.309(c)(1)(i). Rebuttal briefs, which
must be limited to issues raised in the
case briefs, may be filed no later than 5
days after the case briefs, in accordance
with 19 CFR 351.309(d)(1). Any hearing,
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Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Notices
if requested, will be held two days after
rebuttal briefs are due, in accordance
with 19 CFR 351.310(d)(1). The
Department will issue a notice of final
results of this sunset review, which will
include the results of its analysis of
issues raised in any such briefs, no later
than June 22, 2007 (see Certain Hot–
Rolled Carbon Steel Flat Products from
the Netherlands; Extension of Time
Limits for Preliminary and Final Results
of Full Five-year (‘‘Sunset’’) Review of
Antidumping Duty Order, 71 FR 67854
(November 24, 2006)).
This five-year (‘‘sunset’’) review and
notice are in accordance with sections
751(c), 752, and 777(i)(1) of the Act.
Dated: February 12, 2007.
David Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–2816 Filed 2–15–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
On February 1, 2007, the petitioner,
Sunkist Growers, Inc., made a timely
request pursuant to 19 CFR
351.205(b)(2) and (e) for a 50-day
postponement of the preliminary
determinations. The petitioner
requested postponement of the
preliminary determinations in order to
allow the Department additional time in
which to review the complex
questionnaire responses that have been
submitted in the investigations and to
analyze additional responses due to be
filed shortly.
For the reasons identified by the
petitioner and because there are no
compelling reasons to deny the request,
the Department is postponing the
deadline for the preliminary
determinations under section
733(c)(1)(A) of the Act by 50 days to
April 19, 2007. The deadline for the
final determinations will continue to be
75 days after the date of the preliminary
determinations, unless extended.
This notice is issued and published
pursuant to sections 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: February 8, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–2815 Filed 2–15–07; 8:45 am]
[A–357–818, A–201–835]
Postponement of Preliminary
Determinations of Antidumping Duty
Investigations: Lemon Juice from
Argentina and Mexico
BILLING CODE 3510–DS–S
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 16, 2007.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley (Argentina) or Edythe
Artman (Mexico), AD/CVD Operations,
Office 6 and Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington, DC 20230;
telephone: (202) 482–3148 or (202) 482–
2921, respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Postponement of Preliminary
Determinations
On October 19, 2006, the Department
of Commerce (the Department) initiated
the antidumping duty investigations of
lemon juice from Argentina and Mexico.
See Initiation of Antidumping Duty
Investigations: Lemon Juice from
Argentina and Mexico, 71 FR 61710
(October 19, 2006). The notice of
initiation stated that the Department
would issue its preliminary
determinations for these investigations
no later than 140 days after the date of
issuance of the initiation, in accordance
with section 733(b)(1)(A) of the Tariff
Act of 1930, as amended (the Act).
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 021207G]
Caribbean Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
SUMMARY: The Caribbean Fishery
Management Council’s (Council)
Scientific and Statistical Committee
(SSC) will hold a meeting.
DATES: The SSC meeting will be held on
March 7, 2007, from 10 a.m. until 4
p.m., approximately.
ADDRESSES: The meeting will be held at
the Pierre Hotel at Gallery Plaza, 105
Jose de Diego Avenue, San Juan, Puerto
Rico 00914.
FOR FURTHER INFORMATION CONTACT:
Caribbean Fishery Management Council,
268 Munoz Rivera Avenue, Suite 1108,
San Juan, Puerto Rico 00918–1920;
telephone: (787) 766–5926.
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The SSC
will meet to discuss the items contained
in the following agenda:
Call to order
Data and Stock Assessment Needs to
End Overfishing and Set Annual Catch
Limits for Species Under Management
Presentation and Review of Dr. David
Olsen’s Data on the Status of the St.
Thomas/St. John Fisheries
Discussion on the Sale of Catch by
Charter Boats/Recreational Fishers in
the US Caribbean (White Paper)
Other Business
Discussion on Vermillion Snapper
and Queen Snapper Place in the
Management Groups
The meeting is open to the public,
and will be conducted in English.
Fishers and other interested persons are
invited to attend and participate with
oral or written statements regarding
agenda issues.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
SUPPLEMENTARY INFORMATION:
Special Accommodations
This meeting is physically accessible
to people with disabilities. For more
information or request for sign language
interpretation and/other auxiliary aids,
please contact Mr. Miguel A. Rolon,
Executive Director, Caribbean Fishery
Management Council, 268 Munoz
Rivera Avenue, Suite 1108, San Juan,
Puerto Rico 00918–1920; telephone:
(787) 766–5926, at least 5 days prior to
the meeting date.
Dated: February 12, 2007.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E7–2736 Filed 2–15–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 012907C]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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]]>Agencies
[Federal Register Volume 72, Number 32 (Friday, February 16, 2007)]
[Notices]
[Pages 7604-7606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2816]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-807]
Certain Hot-Rolled Carbon Steel Flat Products from the
Netherlands; Preliminary Results of the Sunset Review of Antidumping
Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 1, 2006, the Department of Commerce (``the
Department'') initiated a sunset review of the antidumping duty order
on certain hot-rolled carbon steel flat products from the Netherlands
(see Initiation of Five-year (``Sunset'') Reviews, 71 FR 43443 (August
1, 2006)). On the basis of the notice of intent to participate,
adequate substantive responses and rebuttal comments filed on behalf of
the domestic and respondent interested parties, the Department is
conducting a full sunset review of the antidumping duty order pursuant
to section 751(c) of the Tariff Act of 1930, as amended (``the Act'')
and section 351.218(e)(2)(i) of the Department's regulations. As a
result of this sunset review, the Department preliminarily finds that
revocation of the antidumping duty order would likely lead to
continuation or recurrence of dumping at the levels listed below in the
section entitled ``Preliminary Results of Review.''
EFFECTIVE DATE: February 16, 2007.
FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street &
Constitution Avenue, NW, Washington, DC, 20230; telephone: 202-482-1131
and 202-482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2005, the Department published its notice of
initiation of the first sunset review of the antidumping duty order on
certain hot-rolled carbon steel flat products from the Netherlands, in
accordance with section 751(c) of the Act. See Initiation of Five-year
(``Sunset'') Reviews, 71 FR 43443 (August 1, 2006) (Notice of
Initiation).
The Department received a Notice of Intent to Participate from a
respondent interested party, Corus Staal BV. Corus Staal BV claimed
interested party status as a foreign producer, under section 771(9)(A)
of the Act (19 U.S.C. 1677(9)(A)) and 19 CFR 351.102(b).
The Department also received a Notice of Intent to Participate from
the following domestic interested parties: Nucor Corporation; Gallatin
Steel; IPSCO Steel, Inc.; Steel Dynamics, Inc.; Mittal Steel USA; and
United States Steel Corporation (collectively Domestic Producers).
Finally, the Department received a Notice of Intent to Participate from
an additional domestic interested party: United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union, AFL-CIO-CLC. The Notices of Intent to
Participate from domestic interested parties were within the deadline
specified in section 351.218(d)(1)(i) of the Department's Regulations
(see Procedures for Conducting Five-year (``Sunset'') Reviews of
Antidumping and Countervailing Duty Orders (Sunset Regulations), 63 FR
13516 (March 20, 1998)). The domestic interested parties claimed
interested party status under sections 771(9)(C) and (D) of the Act, as
manufacturers of a domestic-like product in the United States, and a
union whose workers are engaged in the production of a domestic like
product in the United States.
The Department received a complete substantive response to the
Notice of Initiation from the domestic interested parties within the
30-day deadline specified in the Sunset Regulations under section
351.218(d)(3)(i). The Department also received a complete substantive
response from a respondent interested party, Corus Staal BV, within the
deadline specified in section 351.218(d)(3)(i) of the Department's
regulations.
On September 1, 2006, the Department received a request from United
States Steel Corporation for an extension of the deadline for filing
rebuttal comments to the substantive response of the respondent
interested parties. Pursuant to section 351.302(b) of the Department's
regulations, parties were granted an extension to file rebuttal
comments to the substantive responses until September 8, 2006. On
September 8, 2006, Corus Staal BV and United States Steel Corporation
filed rebuttal comments.
On September 20, 2006, the Department found that the respondent
interested parties accounted for more than 50 percent of exports by
volume of the subject merchandise from Germany to the United States.
See the September 20, 2006, memorandum from Robert James to Richard
Weible entitled ``Sunset Review of Certain Hot-Rolled Carbon Steel Flat
Products from the Netherlands: Adequacy of Domestic and Respondent
Interested Party Responses to the Notice of Initiation.'' In accordance
with section 351.218(e)(2)(i) of the Department's regulations, the
Department determined to conduct a full sunset review of this
antidumping duty order.
The Department extended the deadlines for the preliminary results
of this review and the final results of this review to February 12,
2007, and June 22, 2007, respectively. See Certain Hot-Rolled Carbon
Steel Flat Products from the Netherlands; Extension of Time Limits for
Preliminary and Final Results of Full Five-year (``Sunset'') Review of
Antidumping Duty Order, 71 FR 67854 (November 24, 2006).
Scope of the Order
For purposes of this order, the products covered 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),
[[Page 7605]]
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 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 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 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).
Society of Automotive Engineers (SAE)/American Iron and
Steel Institute (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 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 flat-rolled carbon
steel flat products 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 U.S. Customs purposes, the
written description of the scope of this order is dispositive.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
``Issues and Decision Memorandum for the Full Sunset Review of the
Antidumping Duty Order on Certain Hot-Rolled Carbon Steel Flat Products
from the Netherlands; Preliminary Results,'' from Stephen Claeys,
Deputy Assistant Secretary for Import Administration, to David Spooner,
Assistant Secretary for Import Administration, dated February 12, 2007
(``Decision Memorandum''), which is hereby adopted by this notice. The
issues discussed in the Decision Memorandum include: the legal
authority to conduct sunset review; Corus Staal BV's claim with regard
to the Department's practice embodied in the Sunset Review Policy
Bulletin; the likelihood of the continuation or recurrence of dumping
(non-de minimis margins in administrative reviews, and significant
decline in import volumes); the magnitude of the margin likely to
prevail (zeroing, sales by U.S. affiliate GalvPro LP, and duty
absorption).
Parties can find a complete discussion of all issues raised in this
sunset review and the corresponding recommendations in this public
memorandum, which is on file in room B-099 of the main Department
Building. In addition, a complete version of the Decision Memo can be
accessed directly on the Web at https://ia.ita.doc.gov/frn, under the
heading ``February 2007.'' The paper copy and electronic version of the
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that revocation of the
antidumping duty order on certain hot-rolled carbon steel flat products
from the Netherlands is likely to lead to continuation or recurrence of
dumping at the following weighted-average margins:
------------------------------------------------------------------------
Weighted-Average
Manufacturers/Producers/Exporters Margin (Percent)
------------------------------------------------------------------------
Corus Staal BV...................................... 2.59
All Others.......................................... 2.59
------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice in accordance with 19 CFR 351.310(c).
Interested parties may submit case briefs no later than 50 days after
the date of publication of this notice, in accordance with 19 CFR
351.309(c)(1)(i). Rebuttal briefs, which must be limited to issues
raised in the case briefs, may be filed no later than 5 days after the
case briefs, in accordance with 19 CFR 351.309(d)(1). Any hearing,
[[Page 7606]]
if requested, will be held two days after rebuttal briefs are due, in
accordance with 19 CFR 351.310(d)(1). The Department will issue a
notice of final results of this sunset review, which will include the
results of its analysis of issues raised in any such briefs, no later
than June 22, 2007 (see Certain Hot-Rolled Carbon Steel Flat Products
from the Netherlands; Extension of Time Limits for Preliminary and
Final Results of Full Five-year (``Sunset'') Review of Antidumping Duty
Order, 71 FR 67854 (November 24, 2006)).
This five-year (``sunset'') review and notice are in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: February 12, 2007.
David Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-2816 Filed 2-15-07; 8:45 am]
BILLING CODE 3510-DS-S
