Final Rescission of Antidumping Duty Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products from the People's Republic of China, 33988-33989 [E8-13487]

Download as PDF 33988 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices Verification As provided in section 782(i) of the Act, we verified the sales and cost information submitted by Dubai Wire for use in our final determination. We used standard verification procedures including an examination of relevant accounting and production records, and original source documents provided by Dubai Wire. See CVR and SVR. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we have made certain changes to the margin calculation for Dubai Wire. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Decision Memo. Final Determination Margins We determine that the weighted– average dumping margins are as follows: Weighted–Average Margin Percentage % Dubai Wire FZE/Global Fasteners Ltd. ........... All Others ...................... 0.00 0.00 Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Termination of Suspension of Liquidation Because the estimated weighted– average dumping margin for the sole investigated company is 0.00 percent (de minimis), we will direct CBP to terminate the suspension of liquidation of all imports of subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after January 23, 2008, and to release any bond or other security, and refund any cash deposit. rwilkins on PROD1PC63 with NOTICES ITC Notification In accordance with section 735(d) of the Act, we have notified the ITC of our final determination. Return or Destruction of Proprietary Information This notice will serve as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or VerDate Aug<31>2005 19:01 Jun 13, 2008 Jkt 214001 conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act. Dated: June 6, 2008. David M. Spooner, Assistant Secretary for Import Administration. Targeted Dumping Issues Comment 1: Appropriateness of Implementing New Methodology in this Investigation Comment 2: Identifying Alleged Targets Comment 3: Statistical Validity of Standard Deviation Test Comment 4: Reliance on Identical Products for Determining Targeted Dumping Comment 5: Alleged Masking of Dumping Under 33–Percent Pattern Test Threshold Comment 6: Flaws of ‘‘Gap Test≥ Comment 7: Alleged Masking of Dumping by Respondents Under Standard Deviation Test Comment 8: Statistical Validity of P/2 Test Comment 9: Programming Errors Company–Specific Calculation Issues Comment 10: Addition of G&A, Financial and Selling Expenses to GFL Processing Costs Comment 11: Weight–Averaging of Dubai Wire and GFL Expenses for G&A and Financial Expense Ratios Comment 12: Scrap Offset Revisions Comment 13: Affiliated Party Loans and Leases Comment 14: Calculation of Financial Expense Offset Comment 15: Adjustment of GFL CV Profit Ratio for COM Revisions Comment 16: Calculation of CV Selling Expenses and Profit Based on GFL Screw Sales Comment 17: LOT Adjustment for CV Comparisons [FR Doc. E8–13490 Filed 6–13–08; 8:45 am] PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 International Trade Administration A–570–865 Final Rescission of Antidumping Duty Administrative Review: Certain Hot– Rolled Carbon Steel Flat Products from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 16, 2008. FOR FURTHER INFORMATION CONTACT: Toni Dach or Scot Fullerton, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1655 and (202) 482–1386, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Appendix - Issues in Decision Memorandum BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Background On November 1, 2007, the Department of Commerce (‘‘Department’’) published a notice of opportunity to request an administrative review of the antidumping duty order on certain hot– rolled carbon steel flat products from the People’s Republic of China (‘‘PRC’’) for the period of review (‘‘POR’’) November 1, 2006, through October 31, 2007. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 72 FR 61859 (November 1, 2007). On November 30, 2007, Nucor Corporation (‘‘Petitioner’’), a domestic producer of certain hot–rolled carbon steel flat products, requested that the Department conduct an administrative review of Baosteel Group Corporation, Shanghai Baosteel International Economic & Trading Co., Ltd., and Baoshan Iron and Steel Co., Ltd. (collectively ‘‘Baosteel’’). On December 27, 2007, the Department published a notice of initiation of an antidumping duty administrative review on certain hot–rolled carbon steel flat products from the PRC. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, (‘‘Notice of Initiation’’), 72 FR 73315 (December 27, 2007). On April 14, 2008, we preliminarily rescinded this review based on evidence on the record indicating that there were no entries into the United States. See Preliminary Rescission of Antidumping Duty Administrative Review: Certain Hot–Rolled Carbon Steel Flat Products From The People’s Republic of China, (‘‘Preliminary Rescission’’), 73 FR 20021 (April 14, 2008). We invited interested parties to submit comments on our E:\FR\FM\16JNN1.SGM 16JNN1 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices rwilkins on PROD1PC63 with NOTICES Preliminary Rescission. We did not receive any comments on our Preliminary Rescission. Scope of the Review For purposes of this review, the products covered are certain hot–rolled carbon steel flat products of a rectangular shape, of a width of 0.5 inch or greater, neither clad, plated, nor coated with metal and whether or not painted, varnished, or coated with plastics or other non–metallic substances, in coils (whether or not in successively superimposed layers), 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 (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 VerDate Aug<31>2005 17:04 Jun 13, 2008 Jkt 214001 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, PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 33989 7226.11.10.00, 7226.11.90.30, 7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although the HTSUS subheadings are provided for convenience and U.S. Customs purposes, the written description of the merchandise under review is dispositive. Period of Review The POR is November 1, 2006, through October 31, 2007. Final Rescission of Review Because there is no information on the record which indicates that Baosteel made sales to the United States of subject merchandise during the POR, and because we did not receive any comments on our Preliminary Rescission, in accordance with 19 CFR 351.213(d)(3) and consistent with our practice, we are rescinding this review of the antidumping duty order on certain hot–rolled carbon steel flat products from the PRC for the period of November 1, 2006, to October 31, 2007.1 The cash deposit rate for Baosteel will continue to be the rate established in the most recently completed segment of this proceeding. This notice is in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: June 9, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–13487 Filed 6–13–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–580–839] Notice of Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Review: Certain Polyester Staple Fiber From the Republic of Korea Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) received a request for AGENCY: 1 See, e.g, Stainless Steel Sheet and Strip in Coils from Japan; Final Rescission of Antidumping Duty Administrative Review, 71 FR 26041 (May 3, 2006). E:\FR\FM\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Pages 33988-33989]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13487]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-865


Final Rescission of Antidumping Duty Administrative Review: 
Certain Hot-Rolled Carbon Steel Flat Products from the People's 
Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: June 16, 2008.

FOR FURTHER INFORMATION CONTACT: Toni Dach or Scot Fullerton, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1655 and (202) 482-1386, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2007, the Department of Commerce (``Department'') 
published a notice of opportunity to request an administrative review 
of the antidumping duty order on certain hot-rolled carbon steel flat 
products from the People's Republic of China (``PRC'') for the period 
of review (``POR'') November 1, 2006, through October 31, 2007. See 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity to Request Administrative Review, 72 FR 
61859 (November 1, 2007). On November 30, 2007, Nucor Corporation 
(``Petitioner''), a domestic producer of certain hot-rolled carbon 
steel flat products, requested that the Department conduct an 
administrative review of Baosteel Group Corporation, Shanghai Baosteel 
International Economic & Trading Co., Ltd., and Baoshan Iron and Steel 
Co., Ltd. (collectively ``Baosteel''). On December 27, 2007, the 
Department published a notice of initiation of an antidumping duty 
administrative review on certain hot-rolled carbon steel flat products 
from the PRC. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, (``Notice of Initiation''), 72 FR 73315 
(December 27, 2007).
    On April 14, 2008, we preliminarily rescinded this review based on 
evidence on the record indicating that there were no entries into the 
United States. See Preliminary Rescission of Antidumping Duty 
Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products 
From The People's Republic of China, (``Preliminary Rescission''), 73 
FR 20021 (April 14, 2008). We invited interested parties to submit 
comments on our

[[Page 33989]]

Preliminary Rescission. We did not receive any comments on our 
Preliminary Rescission.

Scope of the Review

    For purposes of this review, the products covered are certain hot-
rolled carbon steel flat products of a rectangular shape, of a width of 
0.5 inch or greater, neither clad, plated, nor coated with metal and 
whether or not painted, varnished, or coated with plastics or other 
non-metallic substances, in coils (whether or not in successively 
superimposed layers), 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 (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 U.S. Customs purposes, the 
written description of the merchandise under review is dispositive.

Period of Review

    The POR is November 1, 2006, through October 31, 2007.

Final Rescission of Review

    Because there is no information on the record which indicates that 
Baosteel made sales to the United States of subject merchandise during 
the POR, and because we did not receive any comments on our Preliminary 
Rescission, in accordance with 19 CFR 351.213(d)(3) and consistent with 
our practice, we are rescinding this review of the antidumping duty 
order on certain hot-rolled carbon steel flat products from the PRC for 
the period of November 1, 2006, to October 31, 2007.\1\ The cash 
deposit rate for Baosteel will continue to be the rate established in 
the most recently completed segment of this proceeding.
    This notice is in accordance with sections 751(a)(1) and 777(i)(1) 
of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: June 9, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
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    \1\ See, e.g, Stainless Steel Sheet and Strip in Coils from 
Japan; Final Rescission of Antidumping Duty Administrative Review, 
71 FR 26041 (May 3, 2006).
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[FR Doc. E8-13487 Filed 6-13-08; 8:45 am]
BILLING CODE 3510-DS-S