Certain Hot-Rolled Carbon Steel Flat Products From India: Final Results of Countervailing Duty Administrative Review, 40295-40299 [E8-15966]
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Federal Register / Vol. 73, No. 135 / Monday, July 14, 2008 / Notices
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation that
is subject to sanction.
This administrative review and this
notice are in accordance with sections
751(a)(1) and
777(i) of the Act, 19 CFR 351.213, and
19 CFR 351.221(b)(4).
Dated: July 7, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
APPENDIX
List of Comments and Issues in the
Issues and Decision Memorandum
Comment 1: Whether the Department
should assign a combination rate to TMI
Comment 2: Whether the Department
should value the pure magnesium scrap
input using the surrogate value for pure
magnesium
Comment 3: Which Indian companies
should be used to calculate the
surrogate financial ratios
Comment 4: Whether to use Indian
import statistics from World Trade Atlas
or domestic prices from Chemical
Weekly to value flux
Comment 5: Whether to use the data
from India Bureau of Mines Yearbook to
value Steam Coal
Comment 6: Whether the Department
should use the updated China Wage rate
[FR Doc. E8–15964 Filed 7–11–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–894
Certain Tissue Paper Products from
the People’s Republic of China: Notice
of Extension of Time Limit for Final
Results of Second Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 14, 2008.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, 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)
482–6905.
SUPPLEMENTARY INFORMATION:
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AGENCY:
published in the Federal Register the
preliminary results of this antidumping
duty administrative review. See Certain
Tissue Paper Products from the People’s
Republic of China: Preliminary Results
and Partial Rescission of Antidumping
Duty Administrative Review, 73 FR
18497 (April 04, 2008).
Extension of Time Limits for Final
Results
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), and section 351.213(h)(1) of the
Department’s regulations, the
Department shall issue the final results
of review within 120 days after the date
on which the notice of the preliminary
results was published in the Federal
Register. The final results are currently
due on August 2, 2008. However, if the
Department determines that it is not
practicable to complete the review
within this time period, section
751(a)(3)(A) of the Act and section
351.213(h)(2) of the Department’s
regulations allow the Department to
extend this time period to 180 days.
In the instant review, the Department
finds that the current deadline for the
final results is impracticable.
Specifically, the Department placed
documentation from Customs and
Border Protection (‘‘Customs’’)
regarding entries in this case on the
record on June 30, 2008, and allowed
interested parties to comment on these
Customs entry packages. The
Department requires additional time to
review and analyze interested party
comments, case briefs and rebuttal
briefs because the office tasked with
administering this antidumping duty
order is currently facing immediate
statutory deadlines in several other
administrative cases. As a result, the
Department has determined to fully
extend the current time limit for the
completion of the final results of this
administrative review until no later than
October 1, 2008, in accordance with
section 751(a)(3)(A) of the Act.
This notice is issued and published in
accordance with sections 751(a)(3)(A)
and 777(i)(1) of the Act.
Dated: July 08, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–15948 Filed 7–11–08; 8:45 am]
BILLING CODE 3510–DS–S
Background
On April 4, 2008, the Department of
Commerce (‘‘the Department’’)
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40295
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–821]
Certain Hot-Rolled Carbon Steel Flat
Products From India: Final Results of
Countervailing Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 9, 2008, the U.S.
Department of Commerce (‘‘the
Department’’) published in the Federal
Register its preliminary results of the
administrative review of the
countervailing duty (‘‘CVD’’) order on
certain hot-rolled carbon steel flat
products (‘‘hot-rolled carbon steel’’)
from India for the period of review
(‘‘POR’’) January 1, 2006, through
December 31, 2006. See Certain HotRolled Carbon Steel Flat Products From
India: Notice of Preliminary Results of
Countervailing Duty Administrative
Review; 73 FR 1578 (January 9, 2008)
(‘‘Preliminary Results’’). We
preliminarily found that Essar Steel Ltd.
(‘‘Essar’’), Ispat Industries Ltd. (‘‘Ispat’’),
JSW Steel Ltd. (‘‘JSW’’) and Tata Steel
Ltd. (‘‘Tata’’) received countervailable
subsidies during the POR. We received
comments on our preliminary results
from petitioners and all of the
respondent companies, Essar, Ispat,
JSW, and Tata. The final results are
listed in the section ‘‘Final Results of
Review’’ below.
DATES: Effective Date: July 14, 1008.
FOR FURTHER INFORMATION CONTACT: John
Conniff at (202) 482–1009, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Ave., NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 3, 2001, the Department
published in the Federal Register the
CVD order on certain hot-rolled carbon
steel flat products from India. See
Notice of Amended Final Determination
and Notice of Countervailing Duty
Order: Certain Hot-Rolled Carbon Steel
Flat Products from India, 66 FR 60198
(December 3, 2001). On January 9, 2008,
the Department published in the
Federal Register its preliminary results
of the administrative review of this
order for the period January 1, 2006,
through December 31, 2006. See
Preliminary Results, 73 FR 1578. In
accordance with 19 CFR 351.213(b), this
administrative review covers Essar,
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Ispat, JSW, and Tata, producers and
exporters of subject merchandise. On
March 6, 2008, the Department
published in the Federal Register an
extension of its final results of the
instant administrative review. See
Certain Hot-Rolled Carbon Steel Flat
Products From India: Notice of
Extension of Final Results of
Countervailing Duty Administrative
Review, 73 FR 12078 (March 6, 2008).
On January 17, 2008, February 26,
2008, March 4, 2008, and March 24,
2008, we issued supplemental
questionnaires to Essar and we received
responses on February 14, 2008, March
4, 2008, March 18, 2008 and March 31,
2008, respectively. On January 17, 2008,
we also issued a supplemental
questionnaire to the Government of
India (‘‘GOI’’) and we received the
response on February 14, 2008.
On January 18, 2008 and March 3,
2008, we issued supplemental
questionnaires to Ispat, and we received
responses on February 15, 2008 and
March 21, 2008, respectively. On
January 18, 2008, we also issued a
supplemental questionnaire to the GOI
and we received the response on
February 8, 2008.
On January 11, 2008, we issued a
supplemental questionnaire to Tata and
we received a response on January 18,
2008. On January 11, 2008 we also
issued a supplemental questionnaire to
the GOI and received a response on
February 20, 2008.
On March 6, 2008 through March 12,
2008, the Department conducted a
verification of Tata. The Department
issued its verification reports on April
17, 2008. A public version of this
document is on file in the Central
Records Unit (‘‘CRU’’), room 1117 of the
main Commerce building.
In the Preliminary Results, we invited
interested parties to submit briefs or
request a hearing. On April 24, 2008, we
received comments from Essar, Ispat,
JSW, and Tata. In addition, we received
comments from United States Steel
Corporation and Nucor Corporation, the
petitioners. On May 1, 2008, we
received rebuttal comments from Essar,
Ispat, Tata and petitioners. We received
a request for a hearing from Essar and
JSW on February 8, 2008 and April 22,
2008, respectively. On June 2, 2008, we
held a public hearing in room 4205 of
the Commerce Building. Parties can find
a transcript of the hearing on file in the
CRU of the main Commerce building.
Scope of Order
The merchandise subject to this order
is certain hot-rolled carbon-quality steel
products of a rectangular shape, of a
width of 0.5 inch or greater, neither
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clad, plated, nor coated with metal and
whether or not painted, varnished, or
coated with plastics or other nonmetallic 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, or 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, highstrength low-alloy (‘‘HSLA’’) steels, and
the substrate for motor lamination
steels. IF steels are recognized as lowcarbon 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 steel products in
which at least one of the chemical
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elements exceeds those listed above
(including, e.g., ASTM specifications
A543, A387, A514, A517, A506).
• SAE/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.
• 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, 7208.53.00.00,
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 flatrolled carbon-quality 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.
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Period of Review
The POR for which we are measuring
subsidies is from January 1, 2006,
through December 31, 2006.
Analysis of Comments
On April 24, 2008 Essar, Ispat, JSW,
Tata and petitioners filed comments. On
May 1, 2008, Essar, Ispat, Tata and
petitioners filed rebuttal comments. All
issues in the respondents and
petitioners case and rebuttal briefs are
addressed in the accompanying Issues
and Decision Memorandum for the
Countervailing Duty Administrative
Review on Certain Hot-Rolled Carbon
Steel Flat Products from India
(‘‘Decision Memorandum’’), which is
hereby adopted by this notice. A listing
of the issues that parties raised and to
which we have responded is attached to
this notice as Appendix I. Parties can
find a complete discussion of the issues
raised in this review and the
corresponding recommendations in this
public memorandum, which is on file in
the CRU of the main commerce
building. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the World
Wide Web at https://ia.ita.doc.gov/frn.
The paper copy and the electronic
version of the Decision Memorandum
are identical in content.
Final Results of Review
After reviewing comments from all
parties, we have made adjustments to
our calculations as explained in our
Decision Memorandum. Consistent with
the Preliminary Results, we find that
Essar, Ispat, JSW, and Tata received
countervailable subsidies during the
POR.
Company
Essar Steel Ltd .........
Ispat Industries Ltd ...
JSW Steel Ltd ..........
Tata Steel Ltd ...........
Total net
countervailable
subsidy rate
17.50 percent ad valorem.
15.27 percent ad valorem.
484.41 percent ad valorem.
27.22 percent ad valorem.
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Assessment Rates/Cash Deposits
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (‘‘CBP’’) 15 days
after the date of publication of these
final results of review to liquidate
shipments of subject merchandise by
Essar, Ispat, JSW, and Tata entered, or
withdrawn from warehouse, for
consumption on or after January 1,
2006, through December 31, 2006, at the
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17:08 Jul 11, 2008
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ad valorem rates listed above. We will
also instruct CBP to collect cash
deposits for each respondent at the
countervailing duty rate indicated above
on all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of these
final results of review.
For all non-reviewed companies, the
Department has instructed CBP to assess
countervailing duties at the cash deposit
rates in effect at the time of entry, for
entries between January 1, 2006, and
December 31, 2006. The cash deposit
rates for all companies not covered by
this review are not changed by the
results of this review.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: July 7, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix I—Issues in Decision
Memorandum
Adverse Facts Available (AFA)
I. The Government of India (GOI)
II. JSW
Subsidies Valuation Information
I. Benchmarks for Loans and Discount Rates.
A. Short-Term Loan Benchmark.
B. Long-Term Benchmarks and Discount
Rates.
II. Use of Uncreditworthy Benchmarks for
Essar.
III. Allocation Period.
Analysis of Programs
I. Programs Determined To Be
Countervailable:
A. GOI Programs.
1. Pre- and Post-Shipment Export
Financing.
2. Export Promotion Capital Goods Scheme
(EPCGS).
3. Duty Entitlement Passbook Scheme
(DEPS).
4. Sale of High-Grade Iron Ore for Less
Than Adequate Remuneration.
5. Advance License Program (ALP).
6. Loan Guarantees from the GOI.
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7. Steel Development Fund (SDF) Loans.
8. Captive Mining of Iron Ore.
9. Captive Mining Rights of Coal.
10. Duty Free Replenishment Certificate
(DFRC) Scheme.
B. State Government of Gujarat Programs.
State Government of Gujarat (SGOG) Tax
Incentives.
C. State Government of Karnataka (SGOK)
Programs.
1. SGOK’s New Industrial Policy and
Package of Incentives and Concessions of
1993 (1993 KIP).
a. Total AFA for Certain Sub-Programs.
b. VAT Refunds.
2. Other SGOK Subsidies.
3. SGOK’s New Industrial Policy and
Package of Incentives and Concessions of
1996 (1996 KIP).
4. SGOK’s New Industrial Policy and
Package of Incentives and Concessions of
2001 (2001 KIP).
5. SGOK’s New Industrial Policy and
Package of Incentives and Concessions of
2006 (2006 KIP).
D. State Government of Maharashtra
Programs (SGOM).
1. Sales Tax Program.
2. Electricity Duty Exemption Under the
Package Scheme of Incentives for 1993.
II. Programs Determined Not To Be Used:
A. GOI Programs.
1. Status Certificate Program.
2. Target Plus Scheme (TPS).
3. Export Processing Zones and Export
Oriented Units.
4. Export Processing Zones.
5. Income Tax Exemption Scheme
(Sections 10A, 10B, and 80HHC).
6. Market Development Assistance.
7. Market Access Initiative.
8. Exemption of Export Credit from Interest
Taxes.
9. Long-Term Loans from the GOI.
10. Special Economic Zone Act of 2005.
a. Duty free import/domestic procurement
of goods and service for development,
operation, and maintenance of SEZ
units.
b. Exemption from excise duties on goods
(i.e., machinery and capital goods)
‘‘brought from the Domestic Tariff Area’’
(defined as the ‘‘whole of India’’
excluding SEZs) for use by an enterprise
in the SEZ.
c. Drawback on goods brought or services
provided from the Domestic Tariff Area
into a SEZ, or services provided in a SEZ
by service providers located outside
India.
d. 100 percent exemption from income
taxes on export income from the first 5
years of operation, 50 percent for the
next 5 years, and a further 50 percent
exemption on export income reinvested
in India for an additional 5 years.
e. Exemption from the Central Sales Tax.
f. Exemption from the national Service
Tax.
B. State Government of Andhra Pradesh
Programs—Grants Under the Industrial
Investment Promotion Policy of 2005–
2010.
1. 25 percent reimbursement of cost of land
in industrial estates and industrial
development areas.
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2. Reimbursement of power at the rate of
Rs. 0.75 ‘‘per unit’’ for the period
beginning April 1, 2005, through March
31, 2006 and for the four years thereafter
to be determined by the Government of
Andhra Pradesh (GOAP).
3. 50 percent subsidy for expenses incurred
for quality certification up to RS. 100
lakhs.
4. 25 percent subsidy on ‘‘cleaner
production measures’’ up to Rs. 5 lakhs.
5. 50 percent subsidy on expenses incurred
in patent registration, up to Rs. 5 lakhs.
6. 100 percent reimbursement of stamp
duty and transfer duty paid for the
purchase of land and buildings and the
obtaining of financial deeds and
mortgages.
7. A grant of 25 percent of the tax paid to
GAAP, which is applied as a credit
against the tax owed the following year,
for a period of five years from the date
of commencement of production.
8. Exemption from the GAAP NonAgricultural Land Assessment (NALA).
9. Provision of ‘‘infrastructure’’ for
industries located more than 10
kilometers from existing industrial
estates or industrial development areas.
10. Guaranteed ‘‘stable prices of municipal
water for 3 years for industrial use’’ and
reservation of 10% of water for industrial
use for existing and future projects.
C. State Government of Chhattusgarh
Programs—Industrial Policy 2004–2009.
1. A direct subsidy of 35 percent to total
capital cost for the project, up to a
maximum amount equivalent to the
amount of commercial tax/central sales
tax paid in a seven year period.
2. A direct subsidy of 40 percent toward
total interest paid for a period of 5 years
(up to Rs. Lakh per year) on loans and
working capital for upgrades in
technology.
3. Reimbursement of 50 percent of
expenses (up to Rs. 75,000) incurred for
quality certification.
4. Reimbursement of 50 percent of
expenses (up to 5 lakh) for obtaining
patents.
5. Total exemption from electricity duties
for a period of 15 years from the date of
commencement of commercial
production.
6. Exemption from stamp duty on deeds
executed for purchase or lease of land
and buildings and deeds relating to loans
and advances to be taken by the
company for a period of three years from
the date of registration.
7. Exemption from payment of ‘‘entry tax’’
for 7 years (excluding minerals obtained
from mining in the state).
8. 50 percent reduction of the service
charges for acquisition of private land by
Chhattisgarh Industrial Development
Corporation for use by the company.
9. Allotment of land in industrial areas at
a discount up to 100 percent.
D. State Government of Gujarat Programs.
1. Gujarat Special Economic Zone (SEZ)
Act.
a. Stamp duty and registration fees for land
transfers, loan agreements, credit deeds,
and mortgages.
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b. Sales tax, purchase tax, and other taxes
payable on sales and transactions.
c. Sales and other state taxes on purchases
of inputs (both goods and services) for
the SEZ or a Unit within the SEZ.
2. Captive Port Facilities.
a. Discount on Gujarat wharfage charges.
b. Credit for the cost of the capital
(including interest) to construct the port
facilities, which is then applied as an
offset to the wharfage charges due
Gujarat on cargo shipped through the
captive jetty.
E. State Government of Jharkhand
Programs.
1. Grants and Tax Exemptions under the
State Industrial Policy of 2001.
2. Subsidies for Mega Projects under the
JSIP of 2001.
F. State Government of Maharashstra
Programs.
1. Refunds of Octroi Under the PSI of 1993,
Maharastra Industrial Policy of 2001, and
Maharastra Industrial Policy of 2006.
2. Infrastructure Assistance for Mega
Projects.
3. Land for Less than Adequate
Remuneration.
4. Loan Guarantees Based on Octroi
Refunds by the SGM.
5. Investment Subsidy.
III. Total Ad Valorem Rate.
IV. Analysis of Comments.
Essar
Comment 1: Whether The Department
Erred In Its Calculation Of Essar’s Benefit
Under The Government Of Gujarat Value
Added Tax Remission Program.
Comment 2: Whether The Department
Erred In Converting Dry Metric Tons To Wet
Metric Tons In The Calculation Of The
Benchmark Used To Measure The Adequacy
Of Essar’s Purchases Of Iron Ore From The
GOI.
Comment 3: Whether The Department
Should Use Actual Transaction Prices, Where
Available, In Calculating The Benchmark
Used To Measure Essar’s Benefit Under The
Iron Ore Provided For Less Than Adequate
Remuneration Program.
Comment 4: Whether The Department
Should Adjust The Prices Reported By Essar
For Its Purchases Of Iron Ore Lumps And
Fines To Exclude Sales Tax Which Is Not
Included In The Benchmark Price.
Comment 5: Whether the Department
Should Deduct Certain Freight Costs from
The Benchmark Used to Measure the
Adequacy of Essar’s Purchases of Iron Ore
from the GOI.
Comment 6: Whether The Failure Of The
GOI And The Indian State Governments To
Respond To The Department’s Questions
Warrants Application Of Adverse Facts
Available With Respect To Newly Subsidy
Programs Essar Claims It Did Not Use.
Comment 7: Whether Essar Adequately
Demonstrated Its Non-Use of the Special
Economic Zone Act of 2005.
Comment 8: Whether Essar Adequately
Demonstrated Its Non-Use of the Gujurat
Special Economic Zone Act.
Comment 9: Whether Essar Adequately
Demonstrated Its Non-Use of the Captive Port
Facilities Program.
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Comment 10: Whether Essar Adequately
Demonstrated Its Non-Use of the Andhra
Pradesh Industrial Policy Program.
Comment 11: Whether Essar Adequately
Demonstrated Its Non-Use of the
Chhattisgarh Industrial Policy Program.
Comment 12: Whether the Department
Erred in Calculating the Benefit on Essar’s
Pre-Shipment Export Financing.
Ispat
Comment 13: Whether The Department
Should Calculate The Benefit Attributable To
Ispat’s Purchase Of Iron Ore For Less Than
Adequate Remuneration From The GOI On
An Ex Mines Basis Rather Than An FOB Port
Basis.
Comment 14: Whether The Department
Erred In Calculating The Benchmark Used To
Measure The Adequacy Of Remuneration Of
Ispat’s Purchases Of High-Grade Iron Ore
From The GOI.
Comment 15: Whether The Department
Should Adjust The Prices Reported By Ispat
For Its Purchases Of Iron Ore Lumps And
Fines To Exclude Sales Tax Which Is Not
Included In The Benchmark Price.
Comment 16: Whether Ispat’s Purchases of
Iron Ore from a Private Supplier Are a Valid
Benchmark.
Comment 17: Whether to Include Fees in
the Calculation of Ispat’s Long-Term
Benchmark Loan Rates.
Comment 18: Whether the Department
Made Clerical Errors In Calculating Ispat’s
Long-Term Loan Benchmark.
Comment 19: Whether the Department
Erred Calculating the Benchmark Used for
Ispat Under the EPCGS Program.
Comment 20: Whether the Department
Incorrectly Included VAT Refunds in the
Benefit Calculation of the State of
Maharastra’s Sales Tax Program.
Comment 21: Whether the Department
Erred by Including Countervailing Duties and
Special Additional Duties in the Benefit
Calculation of the EPCGS.
Comment 22: Whether the Advance
License Program is Countervailable.
Comment 23: Whether The Failure Of The
GOI And The Indian State Governments To
Respond To The Department’s Questions
Warrants Application Of Adverse Facts
Available With Respect To New Subsidy
Programs Ispat Claims It Did Not Use.
Tata
Comment 24: Tata’s Ownership Of Captive
Mines Of Iron Ore And Coal And Whether
The Provision Of Such Minerals Under The
Captive Mining Rights Program Constitutes A
Financial Contribution Under The Act.
Comment 25: Whether The Provision of
Iron Ore and Coal Under the Captive Mining
Rights Programs Are Specific Under the Act.
Comment 26: The Benchmark Used to
Measure Whether the Captive Mining Rights
Programs Imposed by the GOI Provide a
Benefit In The Form Of A Provision Of A
Good For Less Than Adequate Remuneration.
Comment 27: Whether the Department
Should Calculate Separate Benchmarks to
Measure the Adequacy of Remuneration of
Tata’s Purchases of Iron Ore Lumps and
Fines under the Captive Mining Rights
Program.
Comment 28: Whether the Department
should include Ocean Freight in the Coal and
E:\FR\FM\14JYN1.SGM
14JYN1
Federal Register / Vol. 73, No. 135 / Monday, July 14, 2008 / Notices
Iron Ore Benchmark Calculation used to
measure the adequacy of remuneration of
Tata’s purchases of Coal and Iron Ore under
the Captive Mining Rights Program.
Comment 29: Whether the Department
Should Make Adjustments for the Benchmark
Prices of Tata Steel’s Iron Ore and Coal costs
on an equivalent basis.
Comment 30: Whether the TPS Conferred
Benefits upon Tata during the POR.
Comment 31: Whether the SDF Constitutes
a Financial Contribution.
Comment 32: Calculation of the Benefit to
Tata under the EPCGS.
Comment 33: Whether The Department
Should Revise The Manner In Which It
Conducted The ‘‘0.5’’ Percent Test When
Calculating The Benefit Attributable To Tata
Under The EPCGS.
Comment 34: Attribution of Subsidies
Received under the EPCGS.
Comment 35: The Use of Long-Term Prime
Lending Rates as Benchmarks.
Comment 36: Whether The Department
Should Countervail Tata’s Sales Of DFRC
Licenses An Untied Subsidy.
JSW
Comment 37: Whether the Department
Unlawfully Used AFA Rate for JSW.
Comment 38: Whether Assistance Under
The 1993 KIP Is Countervailable.
Comment 39: Whether JSW Purchased
High Grade Iron Ore for Less Than Adequate
Remuneration.
Comment 40: Whether Loan Guarantees
from the GOI Are Countervailable.
Comment 41: Whether JSW Has Captive
Mining Rights.
Comment 42: Whether the EPCGS Is
Countervailable.
Comment 43: Whether DEPS Is
Countervailable.
[FR Doc. E8–15966 Filed 7–11–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Background
RIN 0648–XI43
Notice of Availability of Draft Stock
Assessment Reports
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
NMFS reviewed the Alaska,
Atlantic, and Pacific regional marine
mammal stock assessment reports
(SARs) in accordance with the Marine
Mammal Protection Act (MMPA). SARs
for marine mammals in the Alaska,
Atlantic, and Pacific regions were
revised according to new information.
NMFS solicits public comments on draft
2008 SARs.
DATES: Comments must be received by
October 14, 2008.
pwalker on PROD1PC71 with NOTICES
SUMMARY:
VerDate Aug<31>2005
17:08 Jul 11, 2008
Jkt 214001
The 2008 draft stock
assessment reports are available in
electronic form via the Internet at https://
www.nmfs.noaa.gov/pr/sars/.
Copies of the Alaska Regional SARs
may be requested from Robyn Angliss,
Alaska Fisheries Science Center, NMFS,
7600 Sand Point Way, NE BIN 15700,
Seattle, WA 98115–0070.
Copies of the Atlantic and Gulf of
Mexico Regional SARs may be
requested from Gordon Waring,
Northeast Fisheries Science Center, 166
Water St., Woods Hole, MA 02543.
Copies of the Pacific Regional SARs
may be requested from Jim Carretta,
Southwest Fisheries Science Center,
8604 La Jolla Shores Drive, La Jolla, CA
92037–1508.
Send comments or requests for copies
of reports to: Chief, Marine Mammal
and Sea Turtle Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3226, Attn: Stock Assessments.
Comments may also be sent via
facsimile (fax) to 301–427–2526 or via
email to mmsar.2008@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Tom
Eagle, Office of Protected Resources,
301–713–2322, ext. 105, e-mail
Tom.Eagle@noaa.gov; Robyn Angliss
206- 526–4032, e-mail
Robyn.Angliss@noaa.gov, regarding
Alaska regional stock assessments;
Gordon Waring, 508–495–2311, e-mail
Gordon.Waring@noaa.gov, regarding
Atlantic regional stock assessments; or
Jim Carretta, 858–546–7171, e-mail
Jim.Carretta@noaa.gov, regarding
Pacific regional stock assessments.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Section 117 of the Marine Mammal
Protection Act (MMPA) (16 U.S.C. 1361
et seq.) requires NMFS and the U.S. Fish
and Wildlife Service (FWS) to prepare
stock assessments for each stock of
marine mammals occurring in waters
under the jurisdiction of the United
States. These reports must contain
information regarding the distribution
and abundance of the stock, population
growth rates and trends, estimates of
annual human-caused mortality and
serious injury from all sources,
descriptions of the fisheries with which
the stock interacts, and the status of the
stock. Initial reports were completed in
1995.
The MMPA requires NMFS and FWS
to review the SARs at least annually for
strategic stocks and stocks for which
significant new information is available,
and at least once every 3 years for nonstrategic stocks. NMFS and the FWS are
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
40299
required to revise a SAR if the status of
the stock has changed or can be more
accurately determined. NMFS, in
conjunction with the Alaska, Atlantic,
and Pacific Scientific Review Groups
(SRGs), reviewed the status of marine
mammal stocks as required and revised
reports in the Alaska, Atlantic, and
Pacific regions to incorporate new
information. NMFS solicits public
comments on the draft 2008 SARs.
Alaska Reports
Nineteen reports (15 strategic stocks
and four non-strategic stocks) were
revised, and 13 reports were not revised.
Most revisions included updates of
abundance and mortality estimates and
did not indicate a change in status of the
affected stocks. The Potential Biological
Removal (PBR) levels for the following
stocks are proposed to be changed to
‘‘undetermined’’ because the abundance
estimates are based on data that are
more than 8 years old: beluga, Beaufort
Sea; beluga, E. Chukchi Sea; harbor
porpoise, Gulf of Alaska; harbor
porpoise, Bering Sea; harbor porpoise,
Southeast Alaska; humpback whale,
western North Pacific; humpback whale,
central North Pacific.
A ‘‘Habitat Concerns’’ section was
added or substantially updated for all
beluga whale stocks with the exception
of the Cook Inlet stock, for all harbor
porpoise stocks, and for gray whales. As
ice-associated species, beluga whales
(inhabiting the Bering Seas and farther
northward) and gray whales may be
vulnerable to loss of sea ice; however,
there is insufficient supporting
information to predict the types and
magnitudes of impacts to these species
at this time. As inhabitants of nearshore
areas, harbor porpoise may be
vulnerable to habitat modifications
accompanying urban or industrial
development; accordingly, increased
development could have localized
effects on harbor porpoise abundance or
distribution. The gray whale report was
updated to incorporate findings from a
recent paper that used genetics data to
estimate the historical abundance of
gray whales in the Pacific Ocean.
Atlantic Reports
Forty-three reports (11 strategic and
32 non-strategic) were revised in the
Atlantic region, including all reports for
marine mammals in the Gulf of Mexico.
Fifteen reports were not revised. Most
updates were minor and did not change
the status of the affected stocks. NMFS
revised the status of beaked whales from
strategic to non-strategic due to the
absence of observed fishery bycatch in
recent years and the lack of confirmed
serious injuries or mortalities due to
E:\FR\FM\14JYN1.SGM
14JYN1
Agencies
[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Notices]
[Pages 40295-40299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15966]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-821]
Certain Hot-Rolled Carbon Steel Flat Products From India: Final
Results of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 9, 2008, the U.S. Department of Commerce (``the
Department'') published in the Federal Register its preliminary results
of the administrative review of the countervailing duty (``CVD'') order
on certain hot-rolled carbon steel flat products (``hot-rolled carbon
steel'') from India for the period of review (``POR'') January 1, 2006,
through December 31, 2006. See Certain Hot-Rolled Carbon Steel Flat
Products From India: Notice of Preliminary Results of Countervailing
Duty Administrative Review; 73 FR 1578 (January 9, 2008) (``Preliminary
Results''). We preliminarily found that Essar Steel Ltd. (``Essar''),
Ispat Industries Ltd. (``Ispat''), JSW Steel Ltd. (``JSW'') and Tata
Steel Ltd. (``Tata'') received countervailable subsidies during the
POR. We received comments on our preliminary results from petitioners
and all of the respondent companies, Essar, Ispat, JSW, and Tata. The
final results are listed in the section ``Final Results of Review''
below.
DATES: Effective Date: July 14, 1008.
FOR FURTHER INFORMATION CONTACT: John Conniff at (202) 482-1009, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Ave., NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On December 3, 2001, the Department published in the Federal
Register the CVD order on certain hot-rolled carbon steel flat products
from India. See Notice of Amended Final Determination and Notice of
Countervailing Duty Order: Certain Hot-Rolled Carbon Steel Flat
Products from India, 66 FR 60198 (December 3, 2001). On January 9,
2008, the Department published in the Federal Register its preliminary
results of the administrative review of this order for the period
January 1, 2006, through December 31, 2006. See Preliminary Results, 73
FR 1578. In accordance with 19 CFR 351.213(b), this administrative
review covers Essar,
[[Page 40296]]
Ispat, JSW, and Tata, producers and exporters of subject merchandise.
On March 6, 2008, the Department published in the Federal Register an
extension of its final results of the instant administrative review.
See Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of
Extension of Final Results of Countervailing Duty Administrative
Review, 73 FR 12078 (March 6, 2008).
On January 17, 2008, February 26, 2008, March 4, 2008, and March
24, 2008, we issued supplemental questionnaires to Essar and we
received responses on February 14, 2008, March 4, 2008, March 18, 2008
and March 31, 2008, respectively. On January 17, 2008, we also issued a
supplemental questionnaire to the Government of India (``GOI'') and we
received the response on February 14, 2008.
On January 18, 2008 and March 3, 2008, we issued supplemental
questionnaires to Ispat, and we received responses on February 15, 2008
and March 21, 2008, respectively. On January 18, 2008, we also issued a
supplemental questionnaire to the GOI and we received the response on
February 8, 2008.
On January 11, 2008, we issued a supplemental questionnaire to Tata
and we received a response on January 18, 2008. On January 11, 2008 we
also issued a supplemental questionnaire to the GOI and received a
response on February 20, 2008.
On March 6, 2008 through March 12, 2008, the Department conducted a
verification of Tata. The Department issued its verification reports on
April 17, 2008. A public version of this document is on file in the
Central Records Unit (``CRU''), room 1117 of the main Commerce
building.
In the Preliminary Results, we invited interested parties to submit
briefs or request a hearing. On April 24, 2008, we received comments
from Essar, Ispat, JSW, and Tata. In addition, we received comments
from United States Steel Corporation and Nucor Corporation, the
petitioners. On May 1, 2008, we received rebuttal comments from Essar,
Ispat, Tata and petitioners. We received a request for a hearing from
Essar and JSW on February 8, 2008 and April 22, 2008, respectively. On
June 2, 2008, we held a public hearing in room 4205 of the Commerce
Building. Parties can find a transcript of the hearing on file in the
CRU of the main Commerce building.
Scope of Order
The merchandise subject to this order is certain hot-rolled carbon-
quality 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, or 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 steel products in which at least one of
the chemical elements exceeds those listed above (including, e.g., ASTM
specifications A543, A387, A514, A517, A506).
SAE/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.
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, 7208.53.00.00, 7208.54.00.00, 7208.90.00.00,
7211.14.00.90, 7211.19.15.00, 7211.19.20.00, 7211.19.30.00,
7211.19.45.00, 7211.19.60.00, 7211.19.75.30, 7211.19.75.60, and
7211.19.75.90. Certain hot-rolled flat-rolled carbon-quality 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 40297]]
Period of Review
The POR for which we are measuring subsidies is from January 1,
2006, through December 31, 2006.
Analysis of Comments
On April 24, 2008 Essar, Ispat, JSW, Tata and petitioners filed
comments. On May 1, 2008, Essar, Ispat, Tata and petitioners filed
rebuttal comments. All issues in the respondents and petitioners case
and rebuttal briefs are addressed in the accompanying Issues and
Decision Memorandum for the Countervailing Duty Administrative Review
on Certain Hot-Rolled Carbon Steel Flat Products from India (``Decision
Memorandum''), which is hereby adopted by this notice. A listing of the
issues that parties raised and to which we have responded is attached
to this notice as Appendix I. Parties can find a complete discussion of
the issues raised in this review and the corresponding recommendations
in this public memorandum, which is on file in the CRU of the main
commerce building. In addition, a complete version of the Decision
Memorandum can be accessed directly on the World Wide Web at https://
ia.ita.doc.gov/frn.
The paper copy and the electronic version of the Decision
Memorandum are identical in content.
Final Results of Review
After reviewing comments from all parties, we have made adjustments
to our calculations as explained in our Decision Memorandum. Consistent
with the Preliminary Results, we find that Essar, Ispat, JSW, and Tata
received countervailable subsidies during the POR.
------------------------------------------------------------------------
Total net countervailable
Company subsidy rate
------------------------------------------------------------------------
Essar Steel Ltd........................... 17.50 percent ad valorem.
Ispat Industries Ltd...................... 15.27 percent ad valorem.
JSW Steel Ltd............................. 484.41 percent ad valorem.
Tata Steel Ltd............................ 27.22 percent ad valorem.
------------------------------------------------------------------------
Assessment Rates/Cash Deposits
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (``CBP'') 15 days after the date of
publication of these final results of review to liquidate shipments of
subject merchandise by Essar, Ispat, JSW, and Tata entered, or
withdrawn from warehouse, for consumption on or after January 1, 2006,
through December 31, 2006, at the ad valorem rates listed above. We
will also instruct CBP to collect cash deposits for each respondent at
the countervailing duty rate indicated above on all shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of these final results
of review.
For all non-reviewed companies, the Department has instructed CBP
to assess countervailing duties at the cash deposit rates in effect at
the time of entry, for entries between January 1, 2006, and December
31, 2006. The cash deposit rates for all companies not covered by this
review are not changed by the results of this review.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or 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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 7, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I--Issues in Decision Memorandum
Adverse Facts Available (AFA)
I. The Government of India (GOI)
II. JSW
Subsidies Valuation Information
I. Benchmarks for Loans and Discount Rates.
A. Short-Term Loan Benchmark.
B. Long-Term Benchmarks and Discount Rates.
II. Use of Uncreditworthy Benchmarks for Essar.
III. Allocation Period.
Analysis of Programs
I. Programs Determined To Be Countervailable:
A. GOI Programs.
1. Pre- and Post-Shipment Export Financing.
2. Export Promotion Capital Goods Scheme (EPCGS).
3. Duty Entitlement Passbook Scheme (DEPS).
4. Sale of High-Grade Iron Ore for Less Than Adequate
Remuneration.
5. Advance License Program (ALP).
6. Loan Guarantees from the GOI.
7. Steel Development Fund (SDF) Loans.
8. Captive Mining of Iron Ore.
9. Captive Mining Rights of Coal.
10. Duty Free Replenishment Certificate (DFRC) Scheme.
B. State Government of Gujarat Programs.
State Government of Gujarat (SGOG) Tax Incentives.
C. State Government of Karnataka (SGOK) Programs.
1. SGOK's New Industrial Policy and Package of Incentives and
Concessions of 1993 (1993 KIP).
a. Total AFA for Certain Sub-Programs.
b. VAT Refunds.
2. Other SGOK Subsidies.
3. SGOK's New Industrial Policy and Package of Incentives and
Concessions of 1996 (1996 KIP).
4. SGOK's New Industrial Policy and Package of Incentives and
Concessions of 2001 (2001 KIP).
5. SGOK's New Industrial Policy and Package of Incentives and
Concessions of 2006 (2006 KIP).
D. State Government of Maharashtra Programs (SGOM).
1. Sales Tax Program.
2. Electricity Duty Exemption Under the Package Scheme of
Incentives for 1993.
II. Programs Determined Not To Be Used:
A. GOI Programs.
1. Status Certificate Program.
2. Target Plus Scheme (TPS).
3. Export Processing Zones and Export Oriented Units.
4. Export Processing Zones.
5. Income Tax Exemption Scheme (Sections 10A, 10B, and 80HHC).
6. Market Development Assistance.
7. Market Access Initiative.
8. Exemption of Export Credit from Interest Taxes.
9. Long-Term Loans from the GOI.
10. Special Economic Zone Act of 2005.
a. Duty free import/domestic procurement of goods and service
for development, operation, and maintenance of SEZ units.
b. Exemption from excise duties on goods (i.e., machinery and
capital goods) ``brought from the Domestic Tariff Area'' (defined as
the ``whole of India'' excluding SEZs) for use by an enterprise in
the SEZ.
c. Drawback on goods brought or services provided from the
Domestic Tariff Area into a SEZ, or services provided in a SEZ by
service providers located outside India.
d. 100 percent exemption from income taxes on export income from
the first 5 years of operation, 50 percent for the next 5 years, and
a further 50 percent exemption on export income reinvested in India
for an additional 5 years.
e. Exemption from the Central Sales Tax.
f. Exemption from the national Service Tax.
B. State Government of Andhra Pradesh Programs--Grants Under the
Industrial Investment Promotion Policy of 2005-2010.
1. 25 percent reimbursement of cost of land in industrial
estates and industrial development areas.
[[Page 40298]]
2. Reimbursement of power at the rate of Rs. 0.75 ``per unit''
for the period beginning April 1, 2005, through March 31, 2006 and
for the four years thereafter to be determined by the Government of
Andhra Pradesh (GOAP).
3. 50 percent subsidy for expenses incurred for quality
certification up to RS. 100 lakhs.
4. 25 percent subsidy on ``cleaner production measures'' up to
Rs. 5 lakhs.
5. 50 percent subsidy on expenses incurred in patent
registration, up to Rs. 5 lakhs.
6. 100 percent reimbursement of stamp duty and transfer duty
paid for the purchase of land and buildings and the obtaining of
financial deeds and mortgages.
7. A grant of 25 percent of the tax paid to GAAP, which is
applied as a credit against the tax owed the following year, for a
period of five years from the date of commencement of production.
8. Exemption from the GAAP Non-Agricultural Land Assessment
(NALA).
9. Provision of ``infrastructure'' for industries located more
than 10 kilometers from existing industrial estates or industrial
development areas.
10. Guaranteed ``stable prices of municipal water for 3 years
for industrial use'' and reservation of 10% of water for industrial
use for existing and future projects.
C. State Government of Chhattusgarh Programs--Industrial Policy
2004-2009.
1. A direct subsidy of 35 percent to total capital cost for the
project, up to a maximum amount equivalent to the amount of
commercial tax/central sales tax paid in a seven year period.
2. A direct subsidy of 40 percent toward total interest paid for
a period of 5 years (up to Rs. Lakh per year) on loans and working
capital for upgrades in technology.
3. Reimbursement of 50 percent of expenses (up to Rs. 75,000)
incurred for quality certification.
4. Reimbursement of 50 percent of expenses (up to 5 lakh) for
obtaining patents.
5. Total exemption from electricity duties for a period of 15
years from the date of commencement of commercial production.
6. Exemption from stamp duty on deeds executed for purchase or
lease of land and buildings and deeds relating to loans and advances
to be taken by the company for a period of three years from the date
of registration.
7. Exemption from payment of ``entry tax'' for 7 years
(excluding minerals obtained from mining in the state).
8. 50 percent reduction of the service charges for acquisition
of private land by Chhattisgarh Industrial Development Corporation
for use by the company.
9. Allotment of land in industrial areas at a discount up to 100
percent.
D. State Government of Gujarat Programs.
1. Gujarat Special Economic Zone (SEZ) Act.
a. Stamp duty and registration fees for land transfers, loan
agreements, credit deeds, and mortgages.
b. Sales tax, purchase tax, and other taxes payable on sales and
transactions.
c. Sales and other state taxes on purchases of inputs (both
goods and services) for the SEZ or a Unit within the SEZ.
2. Captive Port Facilities.
a. Discount on Gujarat wharfage charges.
b. Credit for the cost of the capital (including interest) to
construct the port facilities, which is then applied as an offset to
the wharfage charges due Gujarat on cargo shipped through the
captive jetty.
E. State Government of Jharkhand Programs.
1. Grants and Tax Exemptions under the State Industrial Policy
of 2001.
2. Subsidies for Mega Projects under the JSIP of 2001.
F. State Government of Maharashstra Programs.
1. Refunds of Octroi Under the PSI of 1993, Maharastra
Industrial Policy of 2001, and Maharastra Industrial Policy of 2006.
2. Infrastructure Assistance for Mega Projects.
3. Land for Less than Adequate Remuneration.
4. Loan Guarantees Based on Octroi Refunds by the SGM.
5. Investment Subsidy.
III. Total Ad Valorem Rate.
IV. Analysis of Comments.
Essar
Comment 1: Whether The Department Erred In Its Calculation Of
Essar's Benefit Under The Government Of Gujarat Value Added Tax
Remission Program.
Comment 2: Whether The Department Erred In Converting Dry Metric
Tons To Wet Metric Tons In The Calculation Of The Benchmark Used To
Measure The Adequacy Of Essar's Purchases Of Iron Ore From The GOI.
Comment 3: Whether The Department Should Use Actual Transaction
Prices, Where Available, In Calculating The Benchmark Used To
Measure Essar's Benefit Under The Iron Ore Provided For Less Than
Adequate Remuneration Program.
Comment 4: Whether The Department Should Adjust The Prices
Reported By Essar For Its Purchases Of Iron Ore Lumps And Fines To
Exclude Sales Tax Which Is Not Included In The Benchmark Price.
Comment 5: Whether the Department Should Deduct Certain Freight
Costs from The Benchmark Used to Measure the Adequacy of Essar's
Purchases of Iron Ore from the GOI.
Comment 6: Whether The Failure Of The GOI And The Indian State
Governments To Respond To The Department's Questions Warrants
Application Of Adverse Facts Available With Respect To Newly Subsidy
Programs Essar Claims It Did Not Use.
Comment 7: Whether Essar Adequately Demonstrated Its Non-Use of
the Special Economic Zone Act of 2005.
Comment 8: Whether Essar Adequately Demonstrated Its Non-Use of
the Gujurat Special Economic Zone Act.
Comment 9: Whether Essar Adequately Demonstrated Its Non-Use of
the Captive Port Facilities Program.
Comment 10: Whether Essar Adequately Demonstrated Its Non-Use of
the Andhra Pradesh Industrial Policy Program.
Comment 11: Whether Essar Adequately Demonstrated Its Non-Use of
the Chhattisgarh Industrial Policy Program.
Comment 12: Whether the Department Erred in Calculating the
Benefit on Essar's Pre-Shipment Export Financing.
Ispat
Comment 13: Whether The Department Should Calculate The Benefit
Attributable To Ispat's Purchase Of Iron Ore For Less Than Adequate
Remuneration From The GOI On An Ex Mines Basis Rather Than An FOB
Port Basis.
Comment 14: Whether The Department Erred In Calculating The
Benchmark Used To Measure The Adequacy Of Remuneration Of Ispat's
Purchases Of High-Grade Iron Ore From The GOI.
Comment 15: Whether The Department Should Adjust The Prices
Reported By Ispat For Its Purchases Of Iron Ore Lumps And Fines To
Exclude Sales Tax Which Is Not Included In The Benchmark Price.
Comment 16: Whether Ispat's Purchases of Iron Ore from a Private
Supplier Are a Valid Benchmark.
Comment 17: Whether to Include Fees in the Calculation of
Ispat's Long-Term Benchmark Loan Rates.
Comment 18: Whether the Department Made Clerical Errors In
Calculating Ispat's Long-Term Loan Benchmark.
Comment 19: Whether the Department Erred Calculating the
Benchmark Used for Ispat Under the EPCGS Program.
Comment 20: Whether the Department Incorrectly Included VAT
Refunds in the Benefit Calculation of the State of Maharastra's
Sales Tax Program.
Comment 21: Whether the Department Erred by Including
Countervailing Duties and Special Additional Duties in the Benefit
Calculation of the EPCGS.
Comment 22: Whether the Advance License Program is
Countervailable.
Comment 23: Whether The Failure Of The GOI And The Indian State
Governments To Respond To The Department's Questions Warrants
Application Of Adverse Facts Available With Respect To New Subsidy
Programs Ispat Claims It Did Not Use.
Tata
Comment 24: Tata's Ownership Of Captive Mines Of Iron Ore And
Coal And Whether The Provision Of Such Minerals Under The Captive
Mining Rights Program Constitutes A Financial Contribution Under The
Act.
Comment 25: Whether The Provision of Iron Ore and Coal Under the
Captive Mining Rights Programs Are Specific Under the Act.
Comment 26: The Benchmark Used to Measure Whether the Captive
Mining Rights Programs Imposed by the GOI Provide a Benefit In The
Form Of A Provision Of A Good For Less Than Adequate Remuneration.
Comment 27: Whether the Department Should Calculate Separate
Benchmarks to Measure the Adequacy of Remuneration of Tata's
Purchases of Iron Ore Lumps and Fines under the Captive Mining
Rights Program.
Comment 28: Whether the Department should include Ocean Freight
in the Coal and
[[Page 40299]]
Iron Ore Benchmark Calculation used to measure the adequacy of
remuneration of Tata's purchases of Coal and Iron Ore under the
Captive Mining Rights Program.
Comment 29: Whether the Department Should Make Adjustments for
the Benchmark Prices of Tata Steel's Iron Ore and Coal costs on an
equivalent basis.
Comment 30: Whether the TPS Conferred Benefits upon Tata during
the POR.
Comment 31: Whether the SDF Constitutes a Financial
Contribution.
Comment 32: Calculation of the Benefit to Tata under the EPCGS.
Comment 33: Whether The Department Should Revise The Manner In
Which It Conducted The ``0.5'' Percent Test When Calculating The
Benefit Attributable To Tata Under The EPCGS.
Comment 34: Attribution of Subsidies Received under the EPCGS.
Comment 35: The Use of Long-Term Prime Lending Rates as
Benchmarks.
Comment 36: Whether The Department Should Countervail Tata's
Sales Of DFRC Licenses An Untied Subsidy.
JSW
Comment 37: Whether the Department Unlawfully Used AFA Rate for
JSW.
Comment 38: Whether Assistance Under The 1993 KIP Is
Countervailable.
Comment 39: Whether JSW Purchased High Grade Iron Ore for Less
Than Adequate Remuneration.
Comment 40: Whether Loan Guarantees from the GOI Are
Countervailable.
Comment 41: Whether JSW Has Captive Mining Rights.
Comment 42: Whether the EPCGS Is Countervailable.
Comment 43: Whether DEPS Is Countervailable.
[FR Doc. E8-15966 Filed 7-11-08; 8:45 am]
BILLING CODE 3510-DS-P