Certain Hot-Rolled Carbon Steel Flat Products from Romania: Final Results of Antidumping Duty Administrative Review, 71357-71359 [E7-24279]
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Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Notices
Feili
• We revised the calculation of the
market–economy purchase price for
rivets to exclude the total quantity
and value of powder coating from
the calculations.6
• We revised the calculation of normal
value (‘‘NV’’) to eliminate
fiberboard as a packing material.7
• We revised the calculation of NV to
exclude packing labor from the cost
of manufacturing and include it in
the calculation of packing.8
• We revised the sample interspersion
check to exclude from the margin
analysis program only those
transactions that had not been
previously made in commercial
quantities to the same customer.9
Final Results of Review
We determine that the following
dumping margins exist for the period
June 1, 2005, through May 31, 2006:
Exporter/Manufacturer
Weighted–Average
Margin Percentage
Feili* ..............................
New–Tec .......................
0.02
1.50
*This rate is de minimis.
Assessment Rates
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection 15 days after the
date of publication of these final results
of administrative review.
ebenthall on PROD1PC69 with NOTICES
Cash–Deposit Requirements
The following cash–deposit
requirements will be effective upon
publication of these 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withdrawn from warehouse, for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, as provided for by section
751(a)(2)(C) of the Tariff Act of 1930, as
amended (‘‘the Act’’): (1) for subject
Surrogate Value Memorandum’’), at 1, and
Attachment XIII.
6 See Comment 7 of the Issues and Decision
Memorandum and Memorandum to the File
‘‘Analysis for the Final Results of the 2005-2006
Administrative Review of Folding Metal Tables and
Chairs from the People’s Republic of China: Feili
Furniture Development Limited Quanzhou City,
Feili Furniture Development Co., Ltd., Feili Group
(Fujian) Co., Ltd., Feili (Fujian) Co., Ltd.
(collectively, ‘‘Feili’’)’’ (December 7, 2007) (‘‘Feili
Final Analysis Memorandum’’), at 2, and
Attachments I and II.
7 See Comment 8 of the Issues and Decision
Memorandum, and Feili Final Analysis
Memorandum, at 2, and Attachments I and IV.
8 See Comment 9 of the Issues and Decision
Memorandum, and Feili Final Analysis
Memorandum, at 3, and Attachments III and IV.
9 See Comment 11 of the Issues and Decision
Memorandum, and Feili Final Analysis
Memorandum, at 3, and Attachments IV and V.
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15:28 Dec 14, 2007
Jkt 214001
merchandise exported by Feili, the final
weighted–average margin is below de
minimis; therefore, no cash deposit of
estimated antidumping duties will be
required. However, for subject
merchandise exported by New–Tec, the
cash–deposit rate will be that
established in the final results of review;
(2) for previously reviewed or
investigated exporters not listed above
that have separate rates, the cash–
deposit rate will continue to be the
exporter–specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise, which
have not been found to be entitled to a
separate rate, the cash–deposit rate will
be the PRC–wide rate of 70.71 percent;
and (4) for all non–PRC exporters of
subject merchandise that have not
received their own rate, the cash–
deposit rate will be the rate applicable
to the PRC exporter that supplied that
non–PRC exporter. These deposit
requirements shall remain in effect until
further notice.
Notification to 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.
This notice of the final results of this
administrative review is issued and
published in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: December 7, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
List of Comments and Issues in the
Issues and Decision Memorandum
Comment 1: Surrogate Financial
Statements
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71357
Comment 2: Potential Calculation
Adjustments to Infiniti’s Financial
Statements
Comment 3: Allocation of Direct Labor
Hours for Feili
Comment 4: Allocation of Electricity for
Feili
Comment 5: Suspension of Liquidation
of Tables with Legs Connected by a
Cross–Bar
Comment 6: Revocation of the Order
Comment 7: Market–Economy Price for
Rivets
Comment 8: Fiberboard Consumption
Comment 9: Packing Labor
Comment 10: Zero–Priced Transactions
Comment 11: Zero–Priced Transactions
not Previously Sold in Commercial
Quantities
Comment 12: Shipping Costs for Zero–
Priced Transactions
Comment 13: Negative Values for
Importer–Specific Assessment Rates
Comment 14: The Treatment of Origin
Receiving Charges (‘‘ORC’’) and
automated–manifest-system charges
(‘‘AMS’’)
Comment 15: Adjustments for Materials
That Were Provided Free–of-Charge
Comment 16: Offsetting Dumped Sales
with ‘‘Non–Dumped’’ Sales (‘‘Zeroing’’)
[FR Doc. E7–24366 Filed 12–14–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–485–806]
Certain Hot–Rolled Carbon Steel Flat
Products from Romania: Final Results
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 9, 2007, the
Department of Commerce published the
preliminary results of the administrative
review of the antidumping duty order
on certain hot–rolled carbon steel flat
products from Romania. This review
covers sales of subject merchandise
made by Mittal Steel Galati S.A. The
period of review is November 1, 2005,
through October 31, 2006. Based on our
analysis of comments received, we have
made a change to our calculations; this
change did not result in a change to the
margin for Mittal Steel Galati S.A.
Therefore, these final results are
identical to our preliminary results. The
final results are listed below in the
‘‘Final Results of Review’’ section.
EFFECTIVE DATE: (December 17, 2007.
FOR FURTHER INFORMATION CONTACT:
Dave Dirstine or Richard Rimlinger, AD/
AGENCY:
E:\FR\FM\17DEN1.SGM
17DEN1
71358
Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Notices
ebenthall on PROD1PC69 with NOTICES
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) 482–4033 and (202)
482–4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2007, the Department of
Commerce (the Department) published
the preliminary results of the
antidumping duty administrative review
of certain hot–rolled carbon steel flat
products from Romania (Certain Hot–
Rolled Carbon Steel Flat Products From
Romania: Preliminary Results of the
Antidumping Duty Administrative
Review, 72 FR 44821 (August 9, 2007)
(Preliminary Results)). The review
covers one manufacturer, Mittal Steel
Galati S.A. (MS Galati).
We invited parties to comment on our
preliminary results of review. MS Galati
and one domestic interested party,
United States Steel Corporation, filed
case briefs on September 12, 2007. MS
Galati and two domestic interested
parties, United States Steel Corporation
and Nucor Corporation, filed rebuttal
briefs on September 19, 2007.
On October 31, 2007, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act), the International
Trade Commission determined that
revocation of the antidumping duty
order on certain hot–rolled carbon steel
flat products from Romania would not
be likely to lead to continuation or
recurrence of material injury. See Hot
Rolled Steel Products from Argentina,
China, India, Indonesia, Kazakhstan,
Romania, South Africa, Taiwan,
Thailand, and Ukraine, 72 FR 61676
(October 31, 2007), and USITC
Publication 3956 (October 2007),
entitled Hot Rolled Steel Products from
Argentina, China, India, Indonesia,
Kazakhstan, Romania, South Africa,
Taiwan, Thailand, and Ukraine:
Investigation Nos. 701 TA 404 408 and
731 TA 898 902 and 904- 908 (Review).
As a result of this determination, the
Department revoked the antidumping
duty order on certain hot–rolled carbon
steel flat products from Romania,
effective as of November 29, 2006. See
Certain Hot–Rolled Carbon Steel Flat
Products from Argentina, Kazakhstan,
Romania, and South Africa: Revocation
of Antidumping Duty and
Countervailing Duty Orders, 72 FR
65293 (November 20, 2007).
Scope of the Order
The products covered by the order are
certain hot–rolled carbon steel flat
products of a rectangular shape, of a
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15:28 Dec 14, 2007
Jkt 214001
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 length, of a thickness of less
than 4.75 mm and of a width measuring
at least 10 times the thickness.
Universal mill plate (i.e., flat–rolled
products rolled on four faces or in a
closed box pass, of a width exceeding
150 mm, but not exceeding 1250 mm,
and of a thickness of not less than 4.0
mm, not in coils and without patterns
in relief) of a thickness not less than 4.0
mm is not included within the scope of
this order.
Specifically included within the
scope of this order are vacuum
degassed, fully stabilized (commonly
referred to as interstitial–free (IF)) steels,
high strength low alloy (HSLA) steels,
and the substrate for motor lamination
steels. IF steels are recognized as low
carbon steels with micro–alloying levels
of elements such as titanium or niobium
(also commonly referred to as
columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA
steels are recognized as steels with
micro–alloying levels of elements such
as chromium, copper, niobium,
vanadium, and molybdenum. The
substrate for motor lamination steels
contains micro–alloying levels of
elements such as silicon and aluminum.
Steel products to be included in the
scope of this order, regardless of
definitions in the Harmonized Tariff
Schedule of the United States (HTSUS),
are products in which: (i) Iron
predominates, by weight, over each of
the other contained elements; (ii) the
carbon content is 2 percent or less, by
weight; and (iii) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated: 1.80
percent of manganese, 2.25 percent of
silicon, 1.00 percent of copper, 0.50
percent of aluminum, 1.25 percent of
chromium, 0.30 percent of cobalt, 0.40
percent of lead, 1.25 percent of nickel,
0.30 percent of tungsten, 0.10 percent of
molybdenum, 0.10 percent of niobium,
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.,
American Society for Testing and
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
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;
silicomanganese (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 the
following 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 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 subject to this proceeding
is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the ‘‘Issues and
E:\FR\FM\17DEN1.SGM
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Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Notices
Decision Memorandum’’ (Decision
Memorandum) from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, dated December 7,
2007, which is hereby adopted by this
notice. A list of the issues which the
parties have raised and to which we
have responded is attached to this
notice as an appendix. Parties can find
a complete discussion of all issues
raised in this review and corresponding
recommendations in this public
memorandum which is on file in Import
Administration’s Central Records Unit,
Room B–099 of the main Department
building. In addition, a complete
version of the Decision Memorandum is
available on the Internet at https://ia
ita.doc.gov/frn/. The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made a
methodological change to our
calculations as reflected in our
Preliminary Results (see Comment 1 of
the Decision Memorandum).
Final Results of Review
As a result of our review, we
determine that the following weighted–
average percentage margin exists for the
period November 1, 2005, through
October 31, 2006:
Manufacturer/exporter
Margin (percent)
ebenthall on PROD1PC69 with NOTICES
Mittal Steel Galati S.A.
11.02
Assessment Rate
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries. We intend to
issue appropriate assessment
instructions directly to CBP 15 days
after publication of these final results of
review. In accordance with 19 CFR
351.212(b)(1), we have calculated an
importer–specific assessment rate by
dividing the total dumping duties due
by the entered value of sales we
analyzed. We will direct CBP to
liquidate the appropriate entries at this
rate. See 19 CFR 351.212(b)(1).
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 the company
included in these final results of review
for which the reviewed company did
not know its merchandise was destined
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15:28 Dec 14, 2007
Jkt 214001
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 Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Cash–Deposit Requirements
Because the Department has revoked
the order as discussed in the
Background section, there will be no
cash–deposit requirements for entries of
this merchandise on or after November
29, 2006.
Notification
This notice also serves as the 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 in the
subsequent assessment of double
antidumping duties.
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: December 7, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
Comment 1: Date of Sale
Comment 2: Offsetting of Negative
Margins
[FR Doc. E7–24279 Filed 12–14–07;
Billing Code: 3510–DS–S
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71359
DEPARTMENT OF COMMERCE
International Trade Administration
[A–401–806]
Notice of Extension of Time Limit for
Final Results of Antidumping Duty
Administrative Review: Stainless Steel
Wire Rod from Sweden
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
EFFECTIVE DATE: December 17, 2007.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Gemal Brangman, AD/
CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, D.C., 20230;
telephone: (202) 482–1766 or (202) 482–
3773, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 7, 2007, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register the preliminary results of the
administrative review of the
antidumping duty order on stainless
steel wire rod from Sweden, covering
the period September 1, 2005, through
August 31, 2006. See Stainless Steel
Wire Rod from Sweden: Preliminary
Results of Antidumping Duty
Administrative Review, 72 FR 51411
(September 7, 2007). The current
deadline for the final results in this
review is January 5, 2008.
Extension of Time Limits for Final
Results of Review
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue the
final results of the administrative review
of an antidumping duty order within
120 days after the date on which the
preliminary results are published in the
Federal Register. 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 from the
date of publication of the preliminary
results.
The Department finds that it is not
practicable to complete the final results
of the administrative review of stainless
steel wire rod from Sweden within the
current time frame because the
Department requires more time to fully
analyze the arguments and comments
received from the parties participating
in this review with respect to the
E:\FR\FM\17DEN1.SGM
17DEN1
]]>Agencies
[Federal Register Volume 72, Number 241 (Monday, December 17, 2007)]
[Notices]
[Pages 71357-71359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24279]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-485-806]
Certain Hot-Rolled Carbon Steel Flat Products from Romania: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 9, 2007, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on certain hot-rolled carbon steel flat products from
Romania. This review covers sales of subject merchandise made by Mittal
Steel Galati S.A. The period of review is November 1, 2005, through
October 31, 2006. Based on our analysis of comments received, we have
made a change to our calculations; this change did not result in a
change to the margin for Mittal Steel Galati S.A. Therefore, these
final results are identical to our preliminary results. The final
results are listed below in the ``Final Results of Review'' section.
EFFECTIVE DATE: (December 17, 2007.
FOR FURTHER INFORMATION CONTACT: Dave Dirstine or Richard Rimlinger,
AD/
[[Page 71358]]
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-
4033 and (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 9, 2007, the Department of Commerce (the Department)
published the preliminary results of the antidumping duty
administrative review of certain hot-rolled carbon steel flat products
from Romania (Certain Hot-Rolled Carbon Steel Flat Products From
Romania: Preliminary Results of the Antidumping Duty Administrative
Review, 72 FR 44821 (August 9, 2007) (Preliminary Results)). The review
covers one manufacturer, Mittal Steel Galati S.A. (MS Galati).
We invited parties to comment on our preliminary results of review.
MS Galati and one domestic interested party, United States Steel
Corporation, filed case briefs on September 12, 2007. MS Galati and two
domestic interested parties, United States Steel Corporation and Nucor
Corporation, filed rebuttal briefs on September 19, 2007.
On October 31, 2007, pursuant to section 751(c) of the Tariff Act
of 1930, as amended (the Act), the International Trade Commission
determined that revocation of the antidumping duty order on certain
hot-rolled carbon steel flat products from Romania would not be likely
to lead to continuation or recurrence of material injury. See Hot
Rolled Steel Products from Argentina, China, India, Indonesia,
Kazakhstan, Romania, South Africa, Taiwan, Thailand, and Ukraine, 72 FR
61676 (October 31, 2007), and USITC Publication 3956 (October 2007),
entitled Hot Rolled Steel Products from Argentina, China, India,
Indonesia, Kazakhstan, Romania, South Africa, Taiwan, Thailand, and
Ukraine: Investigation Nos. 701 TA 404 408 and 731 TA 898 902 and 904-
908 (Review). As a result of this determination, the Department revoked
the antidumping duty order on certain hot-rolled carbon steel flat
products from Romania, effective as of November 29, 2006. See Certain
Hot-Rolled Carbon Steel Flat Products from Argentina, Kazakhstan,
Romania, and South Africa: Revocation of Antidumping Duty and
Countervailing Duty Orders, 72 FR 65293 (November 20, 2007).
Scope of the Order
The products covered by the 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 length, of a
thickness of less than 4.75 mm and of a width measuring at least 10
times the thickness. Universal mill plate (i.e., flat-rolled products
rolled on four faces or in a closed box pass, of a width exceeding 150
mm, but not exceeding 1250 mm, and of a thickness of not less than 4.0
mm, not in coils and without patterns in relief) of a thickness not
less than 4.0 mm is not included within the scope of this order.
Specifically included within the scope of this order are vacuum
degassed, fully stabilized (commonly referred to as interstitial-free
(IF)) steels, high strength low alloy (HSLA) steels, and the substrate
for motor lamination steels. IF steels are recognized as low carbon
steels with micro-alloying levels of elements such as titanium or
niobium (also commonly referred to as columbium), or both, added to
stabilize carbon and nitrogen elements. HSLA steels are recognized as
steels with micro-alloying levels of elements such as chromium, copper,
niobium, vanadium, and molybdenum. The substrate for motor lamination
steels contains micro-alloying levels of elements such as silicon and
aluminum.
Steel products to be included in the scope of this order,
regardless of definitions in the Harmonized Tariff Schedule of the
United States (HTSUS), are products in which: (i) Iron predominates, by
weight, over each of the other contained elements; (ii) the carbon
content is 2 percent or less, by weight; and (iii) none of the elements
listed below exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, 2.25 percent of silicon, 1.00 percent of
copper, 0.50 percent of aluminum, 1.25 percent of chromium, 0.30
percent of cobalt, 0.40 percent of lead, 1.25 percent of nickel, 0.30
percent of tungsten, 0.10 percent of molybdenum, 0.10 percent of
niobium, 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., 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; silicomanganese (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
the following 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 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 subject to
this proceeding is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the ``Issues and
[[Page 71359]]
Decision Memorandum'' (Decision Memorandum) from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, dated December
7, 2007, which is hereby adopted by this notice. A list of the issues
which the parties have raised and to which we have responded is
attached to this notice as an appendix. Parties can find a complete
discussion of all issues raised in this review and corresponding
recommendations in this public memorandum which is on file in Import
Administration's Central Records Unit, Room B-099 of the main
Department building. In addition, a complete version of the Decision
Memorandum is available on the Internet at https://ia ita.doc.gov/frn/
index.html. The paper copy and electronic version of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made a
methodological change to our calculations as reflected in our
Preliminary Results (see Comment 1 of the Decision Memorandum).
Final Results of Review
As a result of our review, we determine that the following
weighted-average percentage margin exists for the period November 1,
2005, through October 31, 2006:
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Mittal Steel Galati S.A............................. 11.02
------------------------------------------------------------------------
Assessment Rate
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. We intend to issue appropriate assessment instructions
directly to CBP 15 days after publication of these final results of
review. In accordance with 19 CFR 351.212(b)(1), we have calculated an
importer-specific assessment rate by dividing the total dumping duties
due by the entered value of sales we analyzed. We will direct CBP to
liquidate the appropriate entries at this rate. See 19 CFR
351.212(b)(1).
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 the company
included in these final results of review for which the reviewed
company did not know its 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 Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash-Deposit Requirements
Because the Department has revoked the order as discussed in the
Background section, there will be no cash-deposit requirements for
entries of this merchandise on or after November 29, 2006.
Notification
This notice also serves as the 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 in the subsequent
assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 7, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
Comment 1: Date of Sale
Comment 2: Offsetting of Negative Margins
[FR Doc. E7-24279 Filed 12-14-07;
Billing Code: 3510-DS-S
