Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Final Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review, 27802-27804 [E7-9526]
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27802
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Notices
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part (71 FR 68535). The preliminary
results of this review are currently due
no later than July 3, 2007.
Extension of Time Limit of Preliminary
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to make a
preliminary determination within 245
days after the last day of the anniversary
month of an order or finding for which
a review is requested. Section
751(a)(3)(A) of the Act further states that
if it is not practicable to complete the
review within the time period specified,
the administering authority may extend
the 245-day period to issue its
preliminary results by up to 120 days.
We determine that completion of the
preliminary results of this review within
the 245-day period is not practicable for
the following reasons. There have been
significant changes in the ownership
and operating structure of Hylsa from
the previous review period. To conduct
the sales and cost analyses of Hylsa
requires the Department to gather and
analyze a significant amount of
information pertaining to Hylsa’s
modified sales practices, manufacturing
costs and corporate relationships. Given
the number and complexity of issues in
this case, and in accordance with
section 751(a)(3)(A) of the Act, we are
extending the time period for issuing
the preliminary results of review to 365
days. Therefore, the preliminary results
are now due no later than October 31,
2007. The final results continue to be
due 120 days after publication of the
preliminary results.
This notice is issued and published in
accordance with section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2).
Dated: May 11, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–9540 Filed 5–16–07; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A–549–817)
Certain Hot–Rolled Carbon Steel Flat
Products from Thailand: Final Results
of Antidumping Duty Administrative
Review and Partial Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has conducted an
administrative review of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
Thailand produced and/or exported by
Nakornthai Strip Mill Public Co., Ltd.
(‘‘NSM’’) and G Steel Public Company
Limited (‘‘G Steel’’). The period of
review (‘‘POR’’) is November 1, 2004,
through October 31, 2005. Based on our
analysis of comments received, we have
made certain clerical error corrections
for these final results which change the
margin. The final results are listed
below in the ‘‘Final Results of Review’’
section.
EFFECTIVE DATE: May 17, 2007.
FOR FURTHER INFORMATION CONTACT:
Stephen Bailey or Angelica Mendoza,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Ave, NW, Washington, DC
20230; telephone: (202) 482–0193 and
(202) 482–3019, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 8, 2006, the Department
published the preliminary results and
partial rescission of its administrative
review of the antidumping duty order
on certain hot–rolled carbon steel flat
products (‘‘hot–rolled steel’’) from
Thailand. See Certain Hot–Rolled
Carbon Steel Flat Products From
Thailand; Preliminary Results of
Antidumping Duty Administrative
Review and Rescission in Part, 71 FR
65458 (November 8, 2006) (Preliminary
Results).
We invited parties to comment on our
Preliminary Results. We received case
briefs from respondent NSM, United
States Steel Corporation (‘‘petitioner’’),
and a domestic interested party, Nucor
Corporation (‘‘Nucor’’), on January 8,
2007. We received rebuttal briefs from
NSM, petitioner and Nucor on January
16, 2007. No public hearing was held.
Additionally, on November 8, and
November 13, 2006, the Department
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issued supplemental questionnaires:
one regarding possible affiliation
between NSM and Siam Cement Group
(‘‘Siam’’) and one requesting certain
additional cost information. NSM
provided responses to these
supplemental questionnaires on
November 17, and November 21, 2006,
respectively.
Because the Department determined
that it was not practicable to complete
the final results of this review within
the original time period, the Department
extended the time limit for completion
of the final results of this administrative
review in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). See Certain Hot–
Rolled Carbon Steel Flat Products from
Thailand: Extension of Time Limit for
the Final Results of the Antidumping
Duty Administrative Review, 72 FR 9515
(March 2, 2007).
Partial Rescission
In our Preliminary Results, we
announced our preliminary decision to
rescind the review with respect to G
Steel because this company had no
entries of hot–rolled steel from Thailand
during the POR. See Preliminary
Results. We have received no new
information contradicting this decision.
Therefore, we are rescinding the
administrative review with respect to G
Steel.
Scope of the Antidumping Duty Review
The products covered by this
antidumping duty review 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 this review.
Specifically included within the
scope of this review 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
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Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Notices
(also commonly referred to as
columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA
steels are recognized as steels with
micro–alloying levels of elements such
as chromium, copper, niobium,
vanadium, and molybdenum. The
substrate for motor lamination steels
contains micro–alloying levels of
elements such as silicon and aluminum.
Steel products to be included in the
scope of this review, regardless of
definitions in the Harmonized Tariff
Schedule of the United States (HTSUS),
are products in which: i) iron
predominates, by weight, over each of
the other contained elements; ii) the
carbon content is 2 percent or less, by
weight; and iii) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical
and chemical description provided
above are within the scope of this
review unless otherwise excluded. The
following products, by way of example,
are outside or specifically excluded
from the scope of this review:
• Alloy hot–rolled steel products in
which at least one of the chemical
elements exceeds those listed above
(including, e.g., American Society for
Testing and Materials (ASTM)
specifications A543, A387, A514, A517,
A506).
• Society of Automotive Engineers
(SAE)/American Iron & Steel Institute
(AISI) grades of series 2300 and higher.
• Ball bearing steels, as defined in the
HTSUS.
• Tool steels, as defined in the
HTSUS.
• Silico–manganese (as defined in the
HTSUS) or silicon electrical steel with
a silicon level exceeding 2.25 percent.
• ASTM specifications A710 and
A736.
• USS abrasion–resistant steels (USS
AR 400, USS AR 500).
• All products (proprietary or
otherwise) based on an alloy ASTM
specification (sample specifications:
ASTM A506, A507).
• Non–rectangular shapes, not in
coils, which are the result of having
been processed by cutting or stamping
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17:15 May 16, 2007
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and which have assumed the character
of articles or products classified outside
chapter 72 of the HTSUS.
The merchandise subject to this
review is classified in the HTSUS at
subheadings: 7208.10.15.00,
7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00,
7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60,
7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60,
7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15,
7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60,
7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90,
7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00,
7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90.
Certain hot–rolled carbon steel flat
products covered by this review,
including: vacuum degassed fully
stabilized; high strength low alloy; and
the substrate for motor lamination steel
may also enter under the following tariff
numbers: 7225.11.00.00, 7225.19.00.00,
7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90,
7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00,
7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00. Although the HTSUS
subheadings are provided for
convenience and CBP purposes, the
written description of the merchandise
is dispositive.
Analysis of Comments Received
The Department has received case and
rebuttal briefs from petitioner, Nucor
and NSM. All case and rebuttal briefs
for the final results are addressed in the
‘‘Issues and Decision Memorandum for
the Final Results of Antidumping Duty
Administrative Review and Partial
Rescission of Antidumping Duty
Administrative Review of Certain Hot–
Rolled Carbon Steel Flat Products from
Thailand’’ from Stephen J. Claeys,
Deputy Assistant Secretary, Import
Administration, to David M. Spooner,
Assistant Secretary, Import
Administration, dated May 7, 2007
(Decision Memorandum), which is
hereby adopted by this notice.
Additionally, certain issues that contain
proprietary information and arguments
are addressed in the memorandum
‘‘Proprietary Arguments from the Issues
and Decision Memorandum for the
Final Results of Certain Hot–Rolled
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27803
Carbon Steel Flat Products from
Thailand’’ from Stephen J. Claeys,
Deputy Assistant Secretary, Import
Administration, to David M. Spooner,
Assistant Secretary, Import
Administration, dated May 7, 2007
(Proprietary Decision Memorandum),
which is also hereby adopted by this
notice. Attached to this notice as an
Appendix is a list of the issues that
petitioner, Nucor, and NSM have raised
and to which we have responded to in
the Decision Memorandum and
Proprietary Decision Memorandum.
Parties can find a complete discussion
of all issues raised in this review and
the corresponding recommendations in
the Decision Memorandum, which is on
file in the Department’s Central Records
Unit, located at 14th Street and
Constitution Avenue, NW, Room B–099.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the Import Administration
website at https://ia.ita.doc.gov/ under
the heading Federal Register Notices.
The paper copy and electronic version
of the Decision Memorandum are
identical in content. Access to the
proprietary version of the Proprietary
Decision Memorandum is only through
administrative protective order.1
Changes Since the Preliminary Results
Based on our analysis of comments
received, we made the following
changes from the preliminary results:
1) We recalculated comparison market
net price and duty drawback to avoid
double conversion;
2) We adjusted NSM’s reported costs
to reflect the higher of transfer price or
market price for the scrap purchased
from one of NSM’s affiliated suppliers
(i.e., transactions disregarded rule);
3) We constructed a market price for
a particular type of scrap with no
market price for the purpose of applying
the major input rule under section
773(f)(3) of the Act;
4) We adjusted variable cost of
manufacture to account for scrap
purchases and losses on scrap; and
5) We used home market net quantity
in our analysis.
Final Results of Review
We determine that the following
dumping margin exists for the period
November 1, 2004, through October 31,
2005:
Manufacturer/Exporter
NSM ..............................
Margin (Percent)
8.23
1 A public version of the Proprietary Decision
Memorandum is on file in the Department’s Central
Records Unit, located at 14th Street and
Constitution Avenue, NW, Room B-099.
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27804
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Notices
Assessment Rates
The Department will determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries,
pursuant to section 751(a)(1)(B) of the
Act, and 19 CFR 351.212(b). The
Department calculated importer–
specific duty assessment rates on the
basis of the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of the examined sales for that
importer.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003 (68 FR 23954). This
clarification will apply to entries of
subject merchandise during the period
of review produced by companies
included in these final results of
reviews for which the reviewed
companies did not know their
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the All–Others rate if there is
no rate for the intermediate
company(ies) involved in the
transaction. For a full discussion of this
clarification, see Notice of Policy
Concerning Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
Antidumping duties for the rescinded
company G Steel, shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(I). The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of these final results of
review.
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Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of
this notice of final results of
administrative review all shipments of
hot–rolled steel from Thailand entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(1) of the Act: (1) The cash deposit
rates for the reviewed companies will be
the rates indicated above; (2) for
previously investigated 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, or in the less–
than-fair–value (‘‘LTFV’’) investigation,
but the manufacturer is, then the cash
deposit rate will be the rate established
for the most recent period for the
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17:15 May 16, 2007
Jkt 211001
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 3.86 percent, the ‘‘all
others’’ rate established in the LTFV
investigation (66 FR 49622 September
28, 2001). These deposit requirements
shall remain in effect until further
notice.
Notification of Interested Parties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation,
which is subject to sanction.
We are issuing and publishing these
final results and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: May 7, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
List of Comments and Issues in the
Decision Memorandum
Comment 1: Affiliation
Comment 2: Date of Sale
Comment 3: Major Input Rule
Comment 4: Depreciation Expense
Comment 5: Commissions Offset
Comment 6: Clerical Errors
[FR Doc. E7–9526 Filed 5–16–07; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[XRIN: 0648–XA33]
Western Pacific Regional Fishery
Management Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
SUMMARY: The 95th meeting of the
Western Pacific Regional Fishery
Management Council’s (Council)
Scientific and Statistical Committee
(SSC) meeting will be held between 9
a.m. and 5 p.m. on Tuesday, June 12,
2007, and between 8:30 am and 5 p.m.
on Wednesday and Thursday June 13–
14, 2007.
DATES: The SSC will convene Tuesday,
June 12, 2007, through Thursday June
14, 2007(see SUPPLEMENTARY
INFORMATION for the agenda).
ADDRESSES: The SSC meeting will be
held at the Council Office Conference
Room, 1164 Bishop St., Suite 1400,
Honolulu, HI; telephone: (808) 522–
8220.
FOR FURTHER INFORMATION CONTACT:
Kitty M. Simonds, Executive Director;
telephone: (808)-522–8220.
SUPPLEMENTARY INFORMATION:
Agenda
9 a.m. Tuesday, June 12, 2007
1. Introductions
2. Approval of Draft Agenda and
Assignment of Rapporteurs
3. Approval of the Minutes of the 94th
Meeting
4. Report from the NMFS Pacific
Science Center Director
5. Insular Fisheries
A. Bottomfish and Seamount
Groundfish
1. MHI Bottomfish (ACTION ITEM)
a. Seasonal Closures, TACs and
Commercial Reporting
b. Recreational Permits and Reporting
c. Federal Recreational Bag Limits
2. Risk Analysis of Potential TACs
3. Updated Analysis of HDAR Survey
of BF Registered Vessel Owners
4. Bottomfish education and outreach
program
5. Advisory Panel Recommendations
6. Public Comment
7. Discussion and Recommendations
B. Precious Corals
1. Potential for Auau Limited Entry
Program (ACTION ITEM)
2. Plan Team Recommendations
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Agencies
[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Notices]
[Pages 27802-27804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9526]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-549-817)
Certain Hot-Rolled Carbon Steel Flat Products from Thailand:
Final Results of Antidumping Duty Administrative Review and Partial
Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has conducted
an administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from Thailand produced and/or
exported by Nakornthai Strip Mill Public Co., Ltd. (``NSM'') and G
Steel Public Company Limited (``G Steel''). The period of review
(``POR'') is November 1, 2004, through October 31, 2005. Based on our
analysis of comments received, we have made certain clerical error
corrections for these final results which change the margin. The final
results are listed below in the ``Final Results of Review'' section.
EFFECTIVE DATE: May 17, 2007.
FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Angelica Mendoza,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14\th\ Street and Constitution Ave, NW,
Washington, DC 20230; telephone: (202) 482-0193 and (202) 482-3019,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 8, 2006, the Department published the preliminary
results and partial rescission of its administrative review of the
antidumping duty order on certain hot-rolled carbon steel flat products
(``hot-rolled steel'') from Thailand. See Certain Hot-Rolled Carbon
Steel Flat Products From Thailand; Preliminary Results of Antidumping
Duty Administrative Review and Rescission in Part, 71 FR 65458
(November 8, 2006) (Preliminary Results).
We invited parties to comment on our Preliminary Results. We
received case briefs from respondent NSM, United States Steel
Corporation (``petitioner''), and a domestic interested party, Nucor
Corporation (``Nucor''), on January 8, 2007. We received rebuttal
briefs from NSM, petitioner and Nucor on January 16, 2007. No public
hearing was held.
Additionally, on November 8, and November 13, 2006, the Department
issued supplemental questionnaires: one regarding possible affiliation
between NSM and Siam Cement Group (``Siam'') and one requesting certain
additional cost information. NSM provided responses to these
supplemental questionnaires on November 17, and November 21, 2006,
respectively.
Because the Department determined that it was not practicable to
complete the final results of this review within the original time
period, the Department extended the time limit for completion of the
final results of this administrative review in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act''). See
Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Extension
of Time Limit for the Final Results of the Antidumping Duty
Administrative Review, 72 FR 9515 (March 2, 2007).
Partial Rescission
In our Preliminary Results, we announced our preliminary decision
to rescind the review with respect to G Steel because this company had
no entries of hot-rolled steel from Thailand during the POR. See
Preliminary Results. We have received no new information contradicting
this decision. Therefore, we are rescinding the administrative review
with respect to G Steel.
Scope of the Antidumping Duty Review
The products covered by this antidumping duty review 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 this
review.
Specifically included within the scope of this review 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
[[Page 27803]]
(also commonly referred to as columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA steels are recognized as steels with
micro-alloying levels of elements such as chromium, copper, niobium,
vanadium, and molybdenum. The substrate for motor lamination steels
contains micro-alloying levels of elements such as silicon and
aluminum.
Steel products to be included in the scope of this review,
regardless of definitions in the Harmonized Tariff Schedule of the
United States (HTSUS), are products in which: i) iron predominates, by
weight, over each of the other contained elements; ii) the carbon
content is 2 percent or less, by weight; and iii) none of the elements
listed below exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical and chemical description
provided above are within the scope of this review unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of this review:
Alloy hot-rolled steel products in which at least one of
the chemical elements exceeds those listed above (including, e.g.,
American Society for Testing and Materials (ASTM) specifications A543,
A387, A514, A517, A506).
Society of Automotive Engineers (SAE)/American Iron &
Steel Institute (AISI) grades of series 2300 and higher.
Ball bearing steels, as defined in the HTSUS.
Tool steels, as defined in the HTSUS.
Silico-manganese (as defined in the HTSUS) or silicon
electrical steel with a silicon level exceeding 2.25 percent.
ASTM specifications A710 and A736.
USS abrasion-resistant steels (USS AR 400, USS AR 500).
All products (proprietary or otherwise) based on an alloy
ASTM specification (sample specifications: ASTM A506, A507).
Non-rectangular shapes, not in coils, which are the result
of having been processed by cutting or stamping and which have assumed
the character of articles or products classified outside chapter 72 of
the HTSUS.
The merchandise subject to this review is classified in the HTSUS
at subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90. Certain hot-rolled carbon steel flat
products covered by this review, including: vacuum degassed fully
stabilized; high strength low alloy; and the substrate for motor
lamination steel may also enter under the following tariff numbers:
7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although the HTSUS
subheadings are provided for convenience and CBP purposes, the written
description of the merchandise is dispositive.
Analysis of Comments Received
The Department has received case and rebuttal briefs from
petitioner, Nucor and NSM. All case and rebuttal briefs for the final
results are addressed in the ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review and Partial
Rescission of Antidumping Duty Administrative Review of Certain Hot-
Rolled Carbon Steel Flat Products from Thailand'' from Stephen J.
Claeys, Deputy Assistant Secretary, Import Administration, to David M.
Spooner, Assistant Secretary, Import Administration, dated May 7, 2007
(Decision Memorandum), which is hereby adopted by this notice.
Additionally, certain issues that contain proprietary information and
arguments are addressed in the memorandum ``Proprietary Arguments from
the Issues and Decision Memorandum for the Final Results of Certain
Hot-Rolled Carbon Steel Flat Products from Thailand'' from Stephen J.
Claeys, Deputy Assistant Secretary, Import Administration, to David M.
Spooner, Assistant Secretary, Import Administration, dated May 7, 2007
(Proprietary Decision Memorandum), which is also hereby adopted by this
notice. Attached to this notice as an Appendix is a list of the issues
that petitioner, Nucor, and NSM have raised and to which we have
responded to in the Decision Memorandum and Proprietary Decision
Memorandum. Parties can find a complete discussion of all issues raised
in this review and the corresponding recommendations in the Decision
Memorandum, which is on file in the Department's Central Records Unit,
located at 14\th\ Street and Constitution Avenue, NW, Room B-099. In
addition, a complete version of the Decision Memorandum can be accessed
directly on the Import Administration website at https://ia.ita.doc.gov/ under the heading Federal Register Notices. The paper copy and
electronic version of the Decision Memorandum are identical in content.
Access to the proprietary version of the Proprietary Decision
Memorandum is only through administrative protective order.\1\
---------------------------------------------------------------------------
\1\ A public version of the Proprietary Decision Memorandum is
on file in the Department's Central Records Unit, located at 14\th\
Street and Constitution Avenue, NW, Room B-099.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our analysis of comments received, we made the following
changes from the preliminary results:
1) We recalculated comparison market net price and duty drawback to
avoid double conversion;
2) We adjusted NSM's reported costs to reflect the higher of
transfer price or market price for the scrap purchased from one of
NSM's affiliated suppliers (i.e., transactions disregarded rule);
3) We constructed a market price for a particular type of scrap
with no market price for the purpose of applying the major input rule
under section 773(f)(3) of the Act;
4) We adjusted variable cost of manufacture to account for scrap
purchases and losses on scrap; and
5) We used home market net quantity in our analysis.
Final Results of Review
We determine that the following dumping margin exists for the
period November 1, 2004, through October 31, 2005:
------------------------------------------------------------------------
Manufacturer/Exporter Margin (Percent)
------------------------------------------------------------------------
NSM................................................. 8.23
------------------------------------------------------------------------
[[Page 27804]]
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, pursuant to section 751(a)(1)(B) of the Act, and
19 CFR 351.212(b). The Department calculated importer-specific duty
assessment rates on the basis of the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
entered value of the examined sales for that importer.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the period of review produced by companies
included in these final results of reviews for which the reviewed
companies did not know their merchandise was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the All-Others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Notice of Policy Concerning Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003). Antidumping duties for
the rescinded company G Steel, shall be assessed at rates equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(I). The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
all shipments of hot-rolled steel from Thailand entered, or withdrawn
from warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Act: (1) The cash deposit rates
for the reviewed companies will be the rates indicated above; (2) for
previously investigated 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, or in the less-than-fair-value (``LTFV'') investigation, but
the manufacturer is, then the cash deposit rate will be the rate
established for the most recent period for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 3.86 percent, the ``all others'' rate
established in the LTFV investigation (66 FR 49622 September 28, 2001).
These deposit requirements shall remain in effect until further notice.
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation, which is subject to sanction.
We are issuing and publishing these final results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 7, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Decision Memorandum
Comment 1: Affiliation
Comment 2: Date of Sale
Comment 3: Major Input Rule
Comment 4: Depreciation Expense
Comment 5: Commissions Offset
Comment 6: Clerical Errors
[FR Doc. E7-9526 Filed 5-16-07; 8:45 am]
BILLING CODE 3510-DS-S