Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Final Results of Antidumping Duty Administrative Review, 31961-31964 [E8-12603]
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Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Meeting; Federal Lands
Recreation Enhancement Act, (Title
VIII, Pub. L. 108–447)
Pacific Northwest Region,
USDA Forest Service.
ACTION: Notice of Meeting.
yshivers on PROD1PC62 with NOTICES
AGENCY:
SUMMARY: The Pacific Northwest
Recreation Resource Advisory
Committee (RAC) will meet in Portland,
Oregon. The purpose of the meeting is
to review and provide recommendations
concerning recreation fee proposals for
facilities and services offered on lands
managed by the Forest Service and
Bureau of Land Management in Oregon
and Washington. Proposals for this
meeting include the jurisdictions of the
Bureau of Land Management Salem,
Vail, and Spokane Districts, the
Okanogan-Wenatchee, Olympic, Rogue
River-Siskiyou, Umatilla, WallowaWhitman, and Willamette National
Forests. Other items of interest related
to the Federal Lands Recreation
Enhancement Act of 2004 may be
discussed.
DATES: The meeting will be held on June
26, 2008, from 8:15 a.m. to 5 p.m. and
June 27, 2008, from 8:15 a.m. to 4:30
p.m. A public input time is provided at
9 a.m. on both days. Comments will be
limited to three minutes per person. The
Designated Federal Official has the
discretion to adjourn the meeting early
if business is completed.
ADDRESSES: The meeting will be at the
Red Lion Hotel, located at 1021 NE
Grand Ave., Portland, Oregon, 97232.
Send written comments to Dan
Harkenrider, Designated Federal Official
for the Pacific Northwest Recreation
RAC, Columbia River Gorge National
Scenic Area, 902 Wasco Ave, Suite 200,
Hood River, Oregon 97031, or
dharkenrider@fs.fed.us.
FOR FURTHER INFORMATION CONTACT: Dan
Harkenrider, Designated Federal
Official, Columbia River Gorge National
Scenic Area, 902 Wasco Ave, Suite 200,
Hood River, Oregon 97031, 541–308–
1700.
SUPPLEMENTARY INFORMATION: The
meeting is open to the public. The
agenda for June 26, 2008, includes fee
proposals from the Rogue RiverSiskiyou, Wallowa Whitman, and
Umatilla Forests and the Salem, Vail,
and Spokane Districts of the Bureau of
Land Management. The agenda for June
27, 2008, includes fee proposals from
the Okanogan-Wenatchee, Olympic, and
Willamette Forests. Individuals from the
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public will have the opportunity to
address the Committee at 9 a.m. both
days. Committee discussion is limited to
Forest Service and Bureau of Land
Management staff and Recreation
Resource Advisory Committee members.
However; persons who wish to bring
recreation fee matters to the attention of
the Committee may address the
committee at 9 a.m. both days. The
agenda and proposals can be found at
https://www.fs.fed.us/r6/passespermits/
rrac.shtml on the internet.
The Recreation RAC is authorized by
the Federal Land Recreation
Enhancement Act, which was signed
into law by President Bush in December
2004.
Dated: May 28, 2008.
Liz Agpaoa,
Acting Regional Forester, Pacific Northwest
Region, USDA Forest Service.
[FR Doc. E8–12306 Filed 6–4–08; 8:45 am]
31961
Central Regional Office, as they become
available, both before and after the
meeting. Persons interested in the work
of the advisory committee are advised to
go to the Commission’s Web site,
https://www.usccr.gov, or to contact the
Central Regional Office at the above
e-mail or street address.
The meetings will be conducted
pursuant to the provisions of the rules
and regulations of the Commission and
FACA.
Dated in Washington, DC, May 30, 2008.
Christopher Byrnes,
Chief, Regional Programs Coordination Unit.
[FR Doc. E8–12557 Filed 6–4–08; 8:45 am]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–820]
BILLING CODE 3410–11–M
COMMISSION ON CIVIL RIGHTS
Agenda and Notice of Public Meeting
of the Kansas Advisory Committee
Notice is hereby given, pursuant to
the provisions of the rules and
regulations of the U.S. Commission on
Civil Rights (Commission), and the
Federal Advisory Committee Act
(FACA), that a planning meeting of the
Kansas Advisory Committee to the
Commission will convene on
Wednesday, July 23, 2008 at 1 p.m and
adjourn at 3 p.m at the Ogletree,
Deakins, Nash, Smoak, & Stewart Law
Firm, 4717 Grand Avenue, Suite 300,
Kansas City, MO 64108. The purpose of
the meeting is to conduct orientation
and program planning for future SAC
activities.
Members of the public are entitled to
submit written comments; the
comments must be received in the
Central Regional Office by July 8, 2008.
The address is 400 State Avenue, Suite
908, Kansas City, Kansas 66101. Persons
wishing to e-mail their comments, or to
present their comments verbally at the
meeting, or who desire additional
information should contact Farella E.
Robinson, Regional Director, Central
Regional Office, at (913) 551–1400 or by
e-mail frobinson@usccr.gov.
Hearing-impaired persons who will
attend the meeting and require the
services of a sign language interpreter
should contact the Regional Office at
least ten (10) working days before the
scheduled date of the meeting.
Records generated from this meeting
may be inspected and reproduced at the
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Certain Hot-Rolled Carbon Steel Flat
Products From India: Notice of Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 31, 2007, the
Department of Commerce (the
Department) published the preliminary
results of the antidumping duty
administrative review for certain hotrolled carbon steel flat products from
India. See Certain Hot-Rolled Carbon
Steel Flat Products From India: Notice
of Preliminary Results of Antidumping
Duty Administrative Review, 72 FR
74267 (December 31, 2007) (Preliminary
Results). This review covers four 1
manufacturers and exporters
(respondents) of the subject
merchandise: Ispat, Tata, JSW, and
Essar. The period of review (POR) is
December 1, 2005 through November
30, 2006.
Based on our analysis of the
comments received, we have made
changes to the margin calculations.
Therefore, the final results differ from
the preliminary results. The final
weighted-average dumping margins for
the reviewed firms are listed below in
the section entitled ‘‘Final Results of
Review.’’
EFFECTIVE DATE: June 5, 2008.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett (Ispat), Joy Zhang
(Tata Steel), Stephanie Moore (JSW) or
AGENCY:
1 Ispat Industries Limited (Ispat), Essar Steel
Limited (Essar), JSW Steel Limited (JSW), and Tata
Steel Limited (Tata Steel) (collectively,
respondents).
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Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices
Victoria Cho (Essar), AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4161, (202) 482–
1168, (202) 482–3692, and (202) 482–
5075, respectively.
SUPPLEMENTARY INFORMATION:
yshivers on PROD1PC62 with NOTICES
Background
On December 31, 2007, the
Department published the Preliminary
Results. Since the Preliminary Results,
the following events have occurred.
From January 28 through February 1,
2008, we verified the sales
questionnaire responses of Tata, JSW
and Ispat. From February 4 through 8,
2008, we verified Ispat’s cost
questionnaire response. On March 12
and 13, 2008 the Department issued its
verification reports. We provided the
interested parties an opportunity to
comment on the Preliminary Results
and the Department’s verification
findings.
On April 4, 2008, United States Steel
Corporation (U.S. Steel) and Nucor
Corporation (Nucor) (collectively,
petitioners) filed case briefs. On April 4,
2008, Essar and JSW filed case briefs.
On April 11, 2008, petitioners filed
rebuttal briefs. Also, on April 11, 2008,
Ispat, Essar, JSW, and Tata filed rebuttal
briefs.
On April 7, 2008, the Department
published the notice of extension of
final results of the antidumping
administrative review of certain hotrolled carbon steel flat products from
India, extending the deadline for these
final results to no later than May 14,
2008. See Certain Hot-Rolled Carbon
Steel Flat Products From India:
Extension of Time Limits for the Final
Results of Antidumping Duty
Administrative Review, 73 FR 18753
(April 7, 2008). The Department
published a second notice extending the
deadline for these final results to no
later than May 30, 2008. See Certain
Hot-Rolled Carbon Steel Flat Products
From India: Extension of Time Limits
for the Final Results of Antidumping
Duty Administrative Review, 73 FR
28100 (May 15, 2008).
Scope of the Order
The merchandise subject to this order
is hot-rolled carbon steel products of a
rectangular shape, of a width of 0.5 inch
or greater, neither clad, plated, nor
coated with metal and whether or not
painted, varnished, or coated with
plastics or other non-metallic
substances, in coils (whether or not in
successively superimposed layers),
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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 mm, not in coils and
without patterns in relief) of a thickness
not less than 4.0 mm is not included
within the scope of this order.
Specifically included in the scope of
this order are vacuum-degassed, fully
stabilized (commonly referred to as
interstitial-free (IF)) steels, high-strength
low-alloy (HSLA) steels, and the
substrate for motor lamination steels. IF
steels are recognized as low-carbon
steels with micro-alloying levels of
elements such as titanium or niobium
(also commonly referred to as
columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA
steels are recognized as steels with
micro-alloying levels of elements such
as chromium, copper, niobium,
vanadium, and molybdenum. The
substrate for motor lamination steels
contains micro-alloying levels of
elements such as silicon and aluminum.
Steel products included in the scope
of this order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (HTS), 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 carbon 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)).
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• Society of Automotive Engineers
(SAE)/American Iron & Steel Institute
(AISI) grades of series 2300 and higher.
• Ball bearings steels, as defined in
the HTS.
• Tool steels, as defined in the HTS.
• Silico-manganese (as defined in the
HTS) or silicon electrical steel with a
silicon level exceeding 2.25 percent.
• ASTM specifications A710 and
A736.
• United States Steel (USS) Abrasionresistant 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 HTS.
The merchandise subject to this order
is currently classifiable in the HTS 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 covered
by this order, including: vacuumdegassed 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 HTS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise subject to this order is
dispositive.
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Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices
Affiliation
As stated in the Preliminary Results,
Nucor alleged that JSW is affiliated with
the O.P. Jindal Group, pursuant to
section 771(33) of the Tariff Act of 1930,
as amended (the Act), and that they
should be collapsed. The Department
preliminarily determined that JSW is
affiliated with the O.P. Jindal Group
under sections 771(33)(A) and (F) of the
Act, as they are under the common
control of a family group. See
Preliminary Results, at 74268. However,
the evidence on the record did not
indicate that the other companies in the
O.P. Jindal Group have production
facilities which would not require
substantial retooling for producing
similar or identical products. Thus, we
did not find that the criteria for
collapsing JSW into the O.P. Jindal
Group had been satisfied.
We continue to find that JSW is
affiliated with the O.P. Jindal Group, but
there still is no evidence on the record
that indicates that any of the other
companies in the group produces the
subject merchandise at its own facility
or could produce the merchandise
without substantially retooling their
facilities, or that any other company in
the group besides JSW sells the subject
merchandise.
Regarding JSW’s affiliation with
another steel company as alleged by
Nucor, the Department preliminarily
determined that the companies are not
affiliated. See Preliminary Results, at
74269. Although the Department finds
that there is a long-standing business
relationship between these entities, the
Department does not find that control
exists where one person is legally or
operationally in a position to exercise
restraint or direction over the other
person and the relationship has the
potential to impact decisions
concerning the production, pricing, or
cost of the subject merchandise or
foreign like product. See section 771(33)
of the Act and 19 CFR 351.102(b).
Therefore, we continue to find that there
is no affiliation between JSW and the
other steel company.
yshivers on PROD1PC62 with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the accompanying Issues and Decision
Memorandum, which is hereby adopted
by this notice. A list of the issues which
parties have raised, and to which we
have responded in the Issues and
Decision Memorandum, is attached to
this notice as an Appendix. In addition,
a complete version of the Issues and
Decision Memorandum can be accessed
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14:51 Jun 04, 2008
Jkt 214001
directly on the Internet at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Issues and
Decision Memorandum are identical in
content.
Final Results of Review:
We determine that the following
weighted-average margins exist:
Producer/manufacturer
Ispat ........................
Tata Steel ...............
JSW ........................
Essar .......................
Weighted-average margin
0.00%.
0.09% (de minimis).
0.24% (de minimis).
5.22%.
Assessment Rates
The Department shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries. In accordance
with 19 CFR 351.212(b)(1), where the
rate is above de minimis, we will issue
importer-specific assessment
instructions for entries of subject
merchandise during the POR. The
Department will issue appropriate
assessment instructions directly to CBP
15 days after publication of the final
results of review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003 (68 FR 23954). This
clarification will apply to entries of
subject merchandise during the POR
produced by Tata, JSW, Ispat and Essar
for which they did not know their
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate any
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
The following deposit requirements
will be effective upon publication of
this notice of final results of
administrative review for all shipments
of hot-rolled carbon steel flat products
from India entered, or withdrawn from
warehouse, for consumption on or after
the publication date of the final results,
as provided by sections 751(a)(1) and
(a)(2)(C) of the Act: (1) for companies
covered by this review, the cash deposit
rate will be the rate listed above; (2) for
previously reviewed or investigated
companies other than those covered by
this review, the cash deposit rate will be
the company-specific rate established
for the most recent period; (3) if the
exporter is not a firm covered in this
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31963
review, a prior review, or the less-thanfair-value investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recent
period for the manufacturer of the
subject merchandise; and (4) if neither
the exporter nor the manufacturer has
its own rate, the cash deposit rate will
be 38.72 percent, the all-others rate
published in the Notice of Amended
Final Antidumping Duty Determination
of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain HotRolled Carbon Steel Flat Products from
India, 66 FR 60194 (December 3, 2001).2
These deposit requirements shall
remain in effect until further notice.
Notification to Importers
This notice 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 and/or countervailing
duties prior to liquidation of the
relevant entries during this period of
review. Failure to comply with this
requirement could result in the
Department’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping and or countervailing
duties.
Notification Regarding APOs
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO as explained in
the APO itself. See 19 CFR
351.305(a)(3). 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 sanctionable
violation.
We are publishing these final results
of administrative review and notice in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: May 30, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
APPENDIX I
List of Comments in the Accompanying
Issues and Decision Memorandum
Tata Steel Limited
Comment 1: Application of Partial Adverse
2 The all-others cash deposit rate, applied by CBP,
is reduced to account for the export subsidy rate
found in the countervailing duty investigation. The
adjusted all-others rate is 23.87 percent.
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Federal Register / Vol. 73, No. 109 / Thursday, June 5, 2008 / Notices
Facts Available (AFA) to Tata’s Reported
Costs
Comment 2: Sales of Overruns in the Home
Market
Comment 3: U.S. Credit Expense Calculations
Comment 4: Procurement Expenses
Comment 5: Deduction of DINDIRSU from
CEP
Comment 6: Deduction of CEP Profit
Comment 7: Home Market Indirect Selling
Expense Calculations
JSW Steel
Comment 8: Home Market Deduction of
Taxes
Comment 9: Deduction of Antidumping and
Countervailing Duty Deposits
Comment 10: Application of AFA for JSW
Comment 11: Finding Affiliation Based on
AFA for JSW
Comment 12: Collapsing of the O.P. Jindal
Group
Ispat Steel Limited
Comment 13: Date of Sale
Comment 14: Freight Charges in Home
Market Sales
Comment 15: Treatment of Inland Freight
Comment 16: Calculation of Indirect Selling
Expense
Comment 17: Calculation of General and
Administrative Expenses
Essar Steel Co. Ltd.
Comment 18: Duty Drawback
Comment 19: Level of Trade
Comment 20: Countervailing Duty Offset
Comment 21: Treatment U.S. Date of Sale
Comment 22: Treatment of U.S. Credit
Expense
Comment 23: Treatment of Sales Tax
Comment 24: U.S. Indirect Selling Expenses
Comment 25: DINDIRSU for CEP Sales
Comment 26: CEP Offset
Comment 27: Treatment of Rebates
Comment 28: Home Market Indirect Selling
Expenses
Comment 29: Treatment of Commission
[FR Doc. E8–12603 Filed 6–4–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–901]
Certain Lined Paper Products From the
People’s Republic of China: Extension
of Time Limits for Preliminary Results
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 5, 2008.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
yshivers on PROD1PC62 with NOTICES
AGENCY:
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14:51 Jun 04, 2008
Jkt 214001
Avenue, NW., Washington, DC 20230,
telephone: (202) 482–4161.
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2007, the U.S.
Department of Commerce
(‘‘Department’’) published a notice of
initiation of the administrative review of
the antidumping duty order on certain
lined paper products from the People’s
Republic of China, covering the period
April 17, 2006 to August 31, 2007. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 72 FR 61621 (October 31,
2007). The preliminary results of this
review are currently due no later than
June 1, 2008.
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 issue
preliminary results within 245 days
after the last day of the anniversary
month of an order 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 to up to 365 days.
We determine that completion of the
preliminary results of this review within
the 245-day period is not practicable for
the following reasons. The mandatory
respondent has complex cost allocation
issues which require the Department to
gather and analyze a significant amount
of information associated with the
factors of production and manufacturing
costs. In addition, petitioner,
Association of American School Paper
Suppliers, has raised other issues which
require the collection of additional
information and has requested that the
Department extend the preliminary
results to allow more time to analyze
these issues. Given the number and
complexity of issues in this case and the
Department’s resource constraints, 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 by 120 days. Therefore,
the preliminary results are now due no
later than September 29, 2008. The final
results continue to be due 120 days after
publication of the preliminary results.
This notice is issued and published
pursuant to section 751(a)(3)(A) and
771(i)(1) of the Act.
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Dated: May 30, 2008.
Stephan J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–12605 Filed 6–4–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–924, A–351–841, A–549–825
Postponement of Final Determinations
of Antidumping Duty Investigations:
Polyethylene Terephthalate Film,
Sheet, and Strip from the People’s
Republic of China, Brazil, and Thailand
Import Administration,
International Trade Administration,
Department ofCommerce
EFFECTIVE DATE: June 5, 2008.
FOR FURTHER INFORMATION CONTACT: Erin
Begnal or Toni Dach for the People’s
Republic of China, Mike Heaney for
Brazil, and Stephen Bailey for Thailand,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–1442,
(202) 482–1655, (202) 482–4475, and
(202) 482–0193, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Postponement of Final Determination
On October 18, 2007, the Department
of Commerce (‘‘Department’’) initiated
the antidumping duty investigations of
polyethylene terephthalate film, sheet,
and strip (‘‘PET Film’’) from the
People’s Republic of China (‘‘PRC’’),
Brazil, Thailand, and the United Arab
Emirates (‘‘UAE’’). See Polyethylene
Terephthalate Film, Sheet, and Strip
(PET Film) from Brazil, the People’s
Republic of China, Thailand, and the
United Arab Emirates: Initiation of
Antidumping Duty Investigations, 72 FR
60801 (October 26, 2007) (‘‘Initiation
Notice’’). On May 5, 2008, the
Department published the Preliminary
Determinations in the antidumping duty
investigations of PET Film from the
PRC, Brazil, and Thailand.1 See
Polyethylene Terephthalate Film, Sheet,
and Strip from the People’s Republic of
China: Preliminary Determination of
Sales at Less Than Fair Value, 73 FR
24552 (May 5, 2008), Notice of
Preliminary Determination of Sales at
1 The Department postponed the final
determination of the investigation of PET Film from
the UAE on May 5, 2008. See Polyethylene
Terephthalate Film, Sheet, and Strip from the
United Arab Emirates: Preliminary Determination of
Sales at Less Than Fair Value and Postponement of
Final Determination, 73 FR 24547 (May 5, 2008).
E:\FR\FM\05JNN1.SGM
05JNN1
]]>Agencies
[Federal Register Volume 73, Number 109 (Thursday, June 5, 2008)]
[Notices]
[Pages 31961-31964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12603]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-820]
Certain Hot-Rolled Carbon Steel Flat Products From India: Notice
of Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 31, 2007, the Department of Commerce (the
Department) published the preliminary results of the antidumping duty
administrative review for certain hot-rolled carbon steel flat products
from India. See Certain Hot-Rolled Carbon Steel Flat Products From
India: Notice of Preliminary Results of Antidumping Duty Administrative
Review, 72 FR 74267 (December 31, 2007) (Preliminary Results). This
review covers four \1\ manufacturers and exporters (respondents) of the
subject merchandise: Ispat, Tata, JSW, and Essar. The period of review
(POR) is December 1, 2005 through November 30, 2006.
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\1\ Ispat Industries Limited (Ispat), Essar Steel Limited
(Essar), JSW Steel Limited (JSW), and Tata Steel Limited (Tata
Steel) (collectively, respondents).
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Based on our analysis of the comments received, we have made
changes to the margin calculations. Therefore, the final results differ
from the preliminary results. The final weighted-average dumping
margins for the reviewed firms are listed below in the section entitled
``Final Results of Review.''
EFFECTIVE DATE: June 5, 2008.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett (Ispat), Joy Zhang
(Tata Steel), Stephanie Moore (JSW) or
[[Page 31962]]
Victoria Cho (Essar), AD/CVD Operations, Office 3, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-4161, (202) 482-1168, (202) 482-3692, and
(202) 482-5075, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 31, 2007, the Department published the Preliminary
Results. Since the Preliminary Results, the following events have
occurred. From January 28 through February 1, 2008, we verified the
sales questionnaire responses of Tata, JSW and Ispat. From February 4
through 8, 2008, we verified Ispat's cost questionnaire response. On
March 12 and 13, 2008 the Department issued its verification reports.
We provided the interested parties an opportunity to comment on the
Preliminary Results and the Department's verification findings.
On April 4, 2008, United States Steel Corporation (U.S. Steel) and
Nucor Corporation (Nucor) (collectively, petitioners) filed case
briefs. On April 4, 2008, Essar and JSW filed case briefs. On April 11,
2008, petitioners filed rebuttal briefs. Also, on April 11, 2008,
Ispat, Essar, JSW, and Tata filed rebuttal briefs.
On April 7, 2008, the Department published the notice of extension
of final results of the antidumping administrative review of certain
hot-rolled carbon steel flat products from India, extending the
deadline for these final results to no later than May 14, 2008. See
Certain Hot-Rolled Carbon Steel Flat Products From India: Extension of
Time Limits for the Final Results of Antidumping Duty Administrative
Review, 73 FR 18753 (April 7, 2008). The Department published a second
notice extending the deadline for these final results to no later than
May 30, 2008. See Certain Hot-Rolled Carbon Steel Flat Products From
India: Extension of Time Limits for the Final Results of Antidumping
Duty Administrative Review, 73 FR 28100 (May 15, 2008).
Scope of the Order
The merchandise subject to this order is hot-rolled carbon steel
products of a rectangular shape, of a width of 0.5 inch or greater,
neither clad, plated, nor coated with metal and whether or not painted,
varnished, or coated with plastics or other non-metallic substances, in
coils (whether or not in successively superimposed layers), regardless
of thickness, and in straight lengths, of a thickness of less than 4.75
mm and of a width measuring at least 10 times the thickness. Universal
mill plate (i.e., flat-rolled products rolled on four faces or in a
closed box pass, of a width exceeding 150 mm, but not exceeding 1250
mm, and of a thickness of not less than 4 mm, not in coils and without
patterns in relief) of a thickness not less than 4.0 mm is not included
within the scope of this order.
Specifically included in the scope of this order are vacuum-
degassed, fully stabilized (commonly referred to as interstitial-free
(IF)) steels, high-strength low-alloy (HSLA) steels, and the substrate
for motor lamination steels. IF steels are recognized as low-carbon
steels with micro-alloying levels of elements such as titanium or
niobium (also commonly referred to as columbium), or both, added to
stabilize carbon and nitrogen elements. HSLA steels are recognized as
steels with micro-alloying levels of elements such as chromium, copper,
niobium, vanadium, and molybdenum. The substrate for motor lamination
steels contains micro-alloying levels of elements such as silicon and
aluminum.
Steel products included in the scope of this order, regardless of
definitions in the Harmonized Tariff Schedule of the United States
(HTS), 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 carbon 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 bearings steels, as defined in the HTS.
Tool steels, as defined in the HTS.
Silico-manganese (as defined in the HTS) or silicon
electrical steel with a silicon level exceeding 2.25 percent.
ASTM specifications A710 and A736.
United States Steel (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 HTS.
The merchandise subject to this order is currently classifiable in
the HTS 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
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 HTS subheadings are
provided for convenience and customs purposes, the Department's written
description of the merchandise subject to this order is dispositive.
[[Page 31963]]
Affiliation
As stated in the Preliminary Results, Nucor alleged that JSW is
affiliated with the O.P. Jindal Group, pursuant to section 771(33) of
the Tariff Act of 1930, as amended (the Act), and that they should be
collapsed. The Department preliminarily determined that JSW is
affiliated with the O.P. Jindal Group under sections 771(33)(A) and (F)
of the Act, as they are under the common control of a family group. See
Preliminary Results, at 74268. However, the evidence on the record did
not indicate that the other companies in the O.P. Jindal Group have
production facilities which would not require substantial retooling for
producing similar or identical products. Thus, we did not find that the
criteria for collapsing JSW into the O.P. Jindal Group had been
satisfied.
We continue to find that JSW is affiliated with the O.P. Jindal
Group, but there still is no evidence on the record that indicates that
any of the other companies in the group produces the subject
merchandise at its own facility or could produce the merchandise
without substantially retooling their facilities, or that any other
company in the group besides JSW sells the subject merchandise.
Regarding JSW's affiliation with another steel company as alleged
by Nucor, the Department preliminarily determined that the companies
are not affiliated. See Preliminary Results, at 74269. Although the
Department finds that there is a long-standing business relationship
between these entities, the Department does not find that control
exists where one person is legally or operationally in a position to
exercise restraint or direction over the other person and the
relationship has the potential to impact decisions concerning the
production, pricing, or cost of the subject merchandise or foreign like
product. See section 771(33) of the Act and 19 CFR 351.102(b).
Therefore, we continue to find that there is no affiliation between JSW
and the other steel company.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the accompanying Issues and
Decision Memorandum, which is hereby adopted by this notice. A list of
the issues which parties have raised, and to which we have responded in
the Issues and Decision Memorandum, is attached to this notice as an
Appendix. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Internet at https://
ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues
and Decision Memorandum are identical in content.
Final Results of Review:
We determine that the following weighted-average margins exist:
------------------------------------------------------------------------
Producer/manufacturer Weighted-average margin
------------------------------------------------------------------------
Ispat.............................. 0.00%.
Tata Steel......................... 0.09% (de minimis).
JSW................................ 0.24% (de minimis).
Essar.............................. 5.22%.
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1), where the rate is
above de minimis, we will issue importer-specific assessment
instructions for entries of subject merchandise during the POR. The
Department will issue appropriate assessment instructions directly to
CBP 15 days after publication of the final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the POR produced by Tata, JSW, Ispat and
Essar for which they did not know their merchandise was destined for
the United States. In such instances, we will instruct CBP to liquidate
any 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
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of hot-rolled carbon steel flat products from India
entered, or withdrawn from warehouse, for consumption on or after the
publication date of the final results, as provided by sections
751(a)(1) and (a)(2)(C) of the Act: (1) for companies covered by this
review, the cash deposit rate will be the rate listed above; (2) for
previously reviewed or investigated companies other than those covered
by this review, the cash deposit rate will be the company-specific rate
established for the most recent period; (3) if the exporter is not a
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the producer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the subject merchandise; and (4) if neither the exporter nor the
manufacturer has its own rate, the cash deposit rate will be 38.72
percent, the all-others rate published in the Notice of Amended Final
Antidumping Duty Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products
from India, 66 FR 60194 (December 3, 2001).\2\ These deposit
requirements shall remain in effect until further notice.
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\2\ The all-others cash deposit rate, applied by CBP, is reduced
to account for the export subsidy rate found in the countervailing
duty investigation. The adjusted all-others rate is 23.87 percent.
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Notification to Importers
This notice 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 and/or countervailing duties prior to
liquidation of the relevant entries during this period of review.
Failure to comply with this requirement could result in the
Department's presumption that reimbursement of antidumping and/or
countervailing duties occurred and the subsequent assessment of doubled
antidumping and or countervailing duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO as explained in the APO itself. See 19 CFR 351.305(a)(3). 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 sanctionable
violation.
We are publishing these final results of administrative review and
notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 30, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
APPENDIX I
List of Comments in the Accompanying Issues and Decision
Memorandum
Tata Steel Limited
Comment 1: Application of Partial Adverse
[[Page 31964]]
Facts Available (AFA) to Tata's Reported Costs
Comment 2: Sales of Overruns in the Home Market
Comment 3: U.S. Credit Expense Calculations
Comment 4: Procurement Expenses
Comment 5: Deduction of DINDIRSU from CEP
Comment 6: Deduction of CEP Profit
Comment 7: Home Market Indirect Selling Expense Calculations
JSW Steel
Comment 8: Home Market Deduction of Taxes
Comment 9: Deduction of Antidumping and Countervailing Duty Deposits
Comment 10: Application of AFA for JSW
Comment 11: Finding Affiliation Based on AFA for JSW
Comment 12: Collapsing of the O.P. Jindal Group
Ispat Steel Limited
Comment 13: Date of Sale
Comment 14: Freight Charges in Home Market Sales
Comment 15: Treatment of Inland Freight
Comment 16: Calculation of Indirect Selling Expense
Comment 17: Calculation of General and Administrative Expenses
Essar Steel Co. Ltd.
Comment 18: Duty Drawback
Comment 19: Level of Trade
Comment 20: Countervailing Duty Offset
Comment 21: Treatment U.S. Date of Sale
Comment 22: Treatment of U.S. Credit Expense
Comment 23: Treatment of Sales Tax
Comment 24: U.S. Indirect Selling Expenses
Comment 25: DINDIRSU for CEP Sales
Comment 26: CEP Offset
Comment 27: Treatment of Rebates
Comment 28: Home Market Indirect Selling Expenses
Comment 29: Treatment of Commission
[FR Doc. E8-12603 Filed 6-4-08; 8:45 am]
BILLING CODE 3510-DS-P
