Certain Hot-Rolled Carbon Steel Flat Products from India: Final Results of Antidumping Duty Administrative Review, 17951-17953 [E9-9046]
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Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Notices
and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). See also
Certain Frozen Warmwater Shrimp from
India: Partial Rescission of
Antidumping Duty Administrative
Review, 73 FR 77610, 77612 (December
19, 2008).
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–4474 or (202) 482–
6478.
SUPPLEMENTARY INFORMATION:
Notification to Importers
This notice serves as a final reminder
to importers for whom this review is
being rescinded, of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Background
The Department of Commerce (‘‘the
Department’’) published an
antidumping duty order on wooden
bedroom furniture (‘‘WBF’’) from the
People’s Republic of China (‘‘PRC’’) on
January 4, 2005. See Notice of Amended
Final Determination of Sales at Less
Than Fair Value and Antidumping Duty
Order: Wooden Bedroom Furniture
From the People’s Republic of China, 70
FR 329 (January 4, 2005). On March 7,
2008, the Department published notices
of the initiation of the antidumping duty
administrative review and new shipper
reviews of WBF from the PRC for the
period January 1, 2007, through
December 31, 2007. See Notice of
Initiation of Administrative Review of
the Antidumping Duty Order on
Wooden Bedroom Furniture From the
People’s Republic of China, 73 FR 12387
(March 7, 2008) and Wooden Bedroom
Furniture From the People’s Republic of
China; Initiation of New Shipper
Reviews, 73 FR 12392 (March 7, 2008).
On August 22, 2008, the Department
aligned the deadlines and the time
limits of the new shipper reviews with
the administrative review. See
Memorandum to the File ‘‘Wooden
Bedroom Furniture from the People’s
Republic of China: Alignment of the 1/
1/2007 – 12/31/2007 Annual
Administrative Review and the 1/1/
2007 – 12/31/2007 New Shipper
Review,’’ dated August 22, 2008. On
February 9, 2009, the Department
published the preliminary results of the
administrative review and the new
shipper reviews. See Wooden Bedroom
Furniture From the People’s Republic of
China: Preliminary Results of
Antidumping Duty Administrative and
New Shipper Reviews and Partial
Rescission of Review, 74 FR 6372
(February 9, 2009). The final results of
the administrative and new shipper
reviews are currently due no later than
June 9, 2009.
Notification Regarding Administrative
Protective Orders
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 the return or
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.
This notice is published 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: April 13, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–9018 Filed 4–17–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
rmajette on PRODPC74 with NOTICES
Wooden Bedroom Furniture from the
People’s Republic of China: Extension
of Time Limit for the Final Results of
the Antidumping Duty Administrative
Review and New Shipper Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 20, 2009.
FOR FURTHER INFORMATION CONTACT: Paul
´
Stolz or Sergio Balbontın, AD/CVD
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19:55 Apr 17, 2009
Jkt 217001
Extension of Time Limit of Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue the
final results of an administrative review
within 120 days after the date on which
the preliminary results are published.
However, if it is not practicable to
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17951
complete the review within this time
period, section 751(a)(3)(A) of the Act
allows the Department to extend the
time period to a maximum of 180 days.
Completion of the final results of these
reviews within the 120-day period is not
practicable because the Department will
conduct verification in the
administrative review and one new
shipper review after publication of the
preliminary results and, therefore, needs
additional time to complete verification
reports, to provide an opportunity for
comments by interested parties, and to
analyze these comments by interested
parties on the preliminary results and
verification reports, and analyze
information gathered at verification.
Because it is not practicable to complete
these reviews within the time specified
under the Act, we are fully extending
the time period for issuing the final
results of the administrative and new
shipper reviews in accordance with
section 751(a)(3)(A) of the Act.
Therefore, the final results will be due
August 8, 2009, which is 180 days from
publication of the preliminary results.
Because August 8, 2009, falls on a
Saturday, however, the final results are
now due on the next business day,
Monday, August 10, 2009. This notice is
published pursuant to sections 751(a)
and 777(i) of the Act.
Dated: April 13, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–9042 Filed 4–17–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–533–820)
Certain Hot-Rolled Carbon Steel Flat
Products from India: Final Results of
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 19, 2008, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of the antidumping
duty administrative review of 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, 73 FR 77618 (December 19,
2008) (‘‘Preliminary Results’’). The
review covers one respondent, Essar
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17952
Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Notices
Steel Limited (‘‘Essar’’). The period of
review (‘‘POR’’) is December 1, 2006,
through November 30, 2007. We invited
parties to comment on our Preliminary
Results. 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. For the final
dumping margins see the ‘‘Final Results
of Review’’ section below.
EFFECTIVE DATE: April 20, 2009.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang, 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) 482–1168.
SUPPLEMENTARY INFORMATION:
Background
On December 19, 2008, the
Department published the Preliminary
Results. Since the Preliminary Results,
we have received comments from
interested parties. On January 29, 2009,
petitioners United Steel Corporation
and Nucor Corporation filed their case
briefs. On February 5, 2009, Essar filed
a rebuttal brief. No interested parties
requested a hearing.
rmajette on PRODPC74 with NOTICES
Scope of the Order
The merchandise subject to the order
is 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 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, 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
the order.
Specifically included in the scope of
the 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
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20:21 Apr 17, 2009
Jkt 217001
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 the order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’), are products
in which: i) iron predominates, by
weight, over each of the other contained
elements; ii) the carbon content is 2
percent or less, by weight; and iii) none
of the elements listed below exceeds the
quantity, by weight, respectively
indicated:
1.80 percent of manganese, 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 the order
unless otherwise excluded. The
following products, by way of example,
are outside or specifically excluded
from the scope of the 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 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.
• 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
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Sfmt 4703
and which have assumed the
character of articles or products
classified outside chapter 72 of the
HTSUS.
The merchandise subject to the order
is currently classifiable 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 covered
by the order, including: vacuum–
degassed fully stabilized; high–strength
low–alloy; and the substrate for motor
lamination steel may also enter under
the following tariff numbers:
7225.11.00.00, 7225.19.00.00,
7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90,
7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00,
7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise subject to the order is
dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Memorandum from John M.
Andersen, Acting Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant
Secretary for Import Administration,
Issues and Decision Memorandum for
the Final Results of the Sixth
Administrative Review of the
Antidumping Duty Order on Certain
Hot-Rolled Carbon Steel Flat Products
from India (‘‘Decision Memorandum’’),
dated concurrently with this notice, and
hereby adopted by this notice. Parties
can find a complete discussion of the
issues raised in this review in this
public memorandum, which is on file in
E:\FR\FM\20APN1.SGM
20APN1
Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Notices
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,
Changes Since the Preliminary Results
as provided by sections 751(a)(1) and
Based on the comments received from (a)(2)(C) of the Act: (1) for companies
the interested parties, we have made
covered by this review, the cash deposit
changes to the margin calculations used rate will be the rate listed above; (2) for
in the Preliminary Results. Specifically, previously reviewed or investigated
for the final results, we have revised the companies other than those covered by
calculations to use the invoice date as
this review, the cash deposit rate will be
the date of sale for all of Essar’s U.S.
the company-specific rate established
sales. As a result of the date of sales
for the most recent period; (3) if the
change, the margin increased from the
exporter is not a firm covered in this
Preliminary Results.
review, a prior review, or the less-thanThe adjustments are discussed in
fair-value investigation, but the
detail in the Decision Memorandum.
producer is, the cash deposit rate will be
the rate established for the most recent
Final Results of Review
period for the manufacturer of the
We determine that the following
subject merchandise; and (4) if neither
weighted average antidumping margin
the exporter nor the manufacturer has
exists:
its own rate, the cash deposit rate will
Weighted–Average be 38.72 percent, the all-others rate
Producer/Manufacturer
published in the Notice of Amended
Margin
Final Antidumping Duty Determination
Essar .............................
5.01% of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Hot–
Assessment Rates
Rolled Carbon Steel Flat Products From
India, 66 FR 60194 (December 3, 2001).1
The Department will determine, and
These deposit requirements shall
U.S. Customs and Border Protection
remain in effect until further notice.
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries,
Notification to Interested Parties
pursuant to section 751(a)(1) of the
This notice also serves as a final
Tariff Act of 1930, as amended (‘‘the
reminder to importers of their
Act’’) and 19 CFR 351.212(b). The
responsibility under 19 CFR
Department calculated an assessment
351.402(f)(2) to file a certificate
rate for each importer of the subject
regarding the reimbursement of
merchandise covered by the review.
antidumping and/or countervailing
Where the assessment rate is above de
duties prior to liquidation of the
minimis, we will instruct CBP to assess
relevant entries during this review
duties on all entries of subject
period. Failure to comply with this
merchandise by that importer. The
requirement could result in the
Department intends to issue assessment Department’s presumption that
instructions to CBP 15 days after the
reimbursement of the antidumping
date of publication of these final results duties occurred and the subsequent
of review.
assessment of doubled antidumping
The Department clarified its
and/or countervailing duties.
‘‘automatic assessment’’ regulation on
This notice also serves as a reminder
May 6, 2003. See Antidumping and
to parties subject to administrative
Countervailing Duty Proceedings:
protective orders (‘‘APO’’) of their
Assessment of Antidumping Duties, 68
responsibility concerning the
FR 23954 (May 6, 2003). This
disposition of proprietary information
clarification will apply to entries of
disclosed under APO in accordance
subject merchandise during the POR
with 19 CFR 351.305(a)(3), which
produced by Essar for which Essar did
continues to govern business
not know the merchandise was destined proprietary information in this segment
for the United States. In such instances,
we will instruct CBP to liquidate
1 The all-others cash deposit rate, applied by CBP,
unreviewed entries at the all-others rate is reduced to account for the export subsidy rate
found in the countervailing duty investigation. See
if there is no company-specific rate for
Final Affirmative Countervailing Duty
an intermediary involved in the
Determination: Certain Hot-Rolled Carbon Steel Flat
transaction. See id., for a full discussion Products From India, 66 FR 49635 (September 28,
of this clarification.
2001). The adjusted all-others rate is 23.87 percent.
rmajette on PRODPC74 with NOTICES
the Central Records Unit, room 1117 of
the Department of Commerce building.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the Internet at: https://
ia.ita.doc.gov/frn. The paper copy and
the electronic version of the Decision
Memorandum are identical in content.
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19:55 Apr 17, 2009
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17953
of the proceeding. Timely written
notification of the 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.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: April 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
APPENDIX Issues in Decision
Memorandum
Comment 1: Date of Sales
Comment 2: Commission
Comment 3: Duty Drawback
Comment 4: Treatment of Sales Tax
Comment 5: Interest Expense Ratio
Calculation
[FR Doc. E9–9046 Filed 4–17–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Docket 16–2009]
Foreign-Trade Zone 17—Kansas City,
KS Area; Application for Expansion
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board
(the Board) by the Greater Kansas City
Foreign Trade Zone, Inc., grantee of FTZ
17, requesting authority to expand the
zone in the Kansas City, Kansas, area,
adjacent to the Kansas City Customs and
Border Protection port of entry. The
application was submitted pursuant to
the provisions of the Foreign-Trade
Zones Act, as amended (19 U.S.C. 81a–
81u), and the regulations of the Board
(15 CFR part 400). It was formally filed
on April 13, 2009.
FTZ 17 was approved by the Board on
December 20, 1973 (Board Order 97, 39
FR 26, 1/2/74) and expanded on January
31, 1989 (Board Order 428, 54 FR 5992,
2/7/89), on January 15, 1993 (Board
Order 631, 58 FR 6122 1/26/93), and, on
October 14, 1997 (Board Order 925, 62
FR 55574, 10/27/97). The generalpurpose zone project currently consists
of 7 sites (3,411 acres total): Site 1 (7
acres)—located at 6500 Inland Drive in
Kansas City; Site 2 (5 acres)—located at
5203 Speaker Road in Kansas City; Site
3 (5 acres)—within the Fairfax
Industrial Park located at 30 Funston
Road in Kansas City; Site 4 (1 acre)—
within the Fairfax Industrial Park
located at 830 Kindleberger Road in
Kansas City; Site 5 (21 acres, 2
parcels)—within the Leavenworth Area
E:\FR\FM\20APN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 74 (Monday, April 20, 2009)]
[Notices]
[Pages 17951-17953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9046]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-533-820)
Certain Hot-Rolled Carbon Steel Flat Products from India: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 19, 2008, the Department of Commerce
(``Department'') published the preliminary results of the antidumping
duty administrative review of 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, 73 FR 77618 (December 19, 2008) (``Preliminary
Results''). The review covers one respondent, Essar
[[Page 17952]]
Steel Limited (``Essar''). The period of review (``POR'') is December
1, 2006, through November 30, 2007. We invited parties to comment on
our Preliminary Results. 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. For the final
dumping margins see the ``Final Results of Review'' section below.
EFFECTIVE DATE: April 20, 2009.
FOR FURTHER INFORMATION CONTACT: Joy Zhang, 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) 482-1168.
SUPPLEMENTARY INFORMATION:
Background
On December 19, 2008, the Department published the Preliminary
Results. Since the Preliminary Results, we have received comments from
interested parties. On January 29, 2009, petitioners United Steel
Corporation and Nucor Corporation filed their case briefs. On February
5, 2009, Essar filed a rebuttal brief. No interested parties requested
a hearing.
Scope of the Order
The merchandise subject to the order is 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
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 the order.
Specifically included in the scope of the 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 the order, regardless of
definitions in the Harmonized Tariff Schedule of the United States
(``HTSUS''), are products in which: i) iron predominates, by weight,
over each of the other contained elements; ii) the carbon content is 2
percent or less, by weight; and iii) none of the elements listed below
exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, 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 the order unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of the 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 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.
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 HTSUS.
The merchandise subject to the order is currently classifiable 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
covered by the order, including: vacuum-degassed fully stabilized;
high-strength low-alloy; and the substrate for motor lamination steel
may also enter under the following tariff numbers: 7225.11.00.00,
7225.19.00.00, 7225.30.30.50, 7225.30.70.00, 7225.40.70.00,
7225.99.00.90, 7226.11.10.00, 7226.11.90.30, 7226.11.90.60,
7226.19.10.00, 7226.19.90.00, 7226.91.50.00, 7226.91.70.00,
7226.91.80.00, and 7226.99.00.00. Subject merchandise may also enter
under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 7212.40.10.00,
7212.40.50.00, and 7212.50.00.00. Although the HTSUS subheadings are
provided for convenience and customs purposes, the Department's written
description of the merchandise subject to the order is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Memorandum from John M.
Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Import Administration, Issues and Decision
Memorandum for the Final Results of the Sixth Administrative Review of
the Antidumping Duty Order on Certain Hot-Rolled Carbon Steel Flat
Products from India (``Decision Memorandum''), dated concurrently with
this notice, and hereby adopted by this notice. Parties can find a
complete discussion of the issues raised in this review in this public
memorandum, which is on file in
[[Page 17953]]
the Central Records Unit, room 1117 of the Department of Commerce
building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Internet at: https://ia.ita.doc.gov/frn.
The paper copy and the electronic version of the Decision Memorandum
are identical in content.
Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made changes to the margin calculations used in the Preliminary
Results. Specifically, for the final results, we have revised the
calculations to use the invoice date as the date of sale for all of
Essar's U.S. sales. As a result of the date of sales change, the margin
increased from the Preliminary Results.
The adjustments are discussed in detail in the Decision Memorandum.
Final Results of Review
We determine that the following weighted average antidumping margin
exists:
------------------------------------------------------------------------
Weighted-Average
Producer/Manufacturer Margin
------------------------------------------------------------------------
Essar............................................... 5.01%
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, pursuant to section 751(a)(1) of the Tariff Act of
1930, as amended (``the Act'') and 19 CFR 351.212(b). The Department
calculated an assessment rate for each importer of the subject
merchandise covered by the review. Where the assessment rate is above
de minimis, we will instruct CBP to assess duties on all entries of
subject merchandise by that importer. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of subject merchandise during the
POR produced by Essar for which Essar did not know the merchandise was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the all-others rate if there is no
company-specific rate for an intermediary involved in the transaction.
See id., for a full discussion of this clarification.
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).\1\ These deposit
requirements shall remain in effect until further notice.
---------------------------------------------------------------------------
\1\ The all-others cash deposit rate, applied by CBP, is reduced
to account for the export subsidy rate found in the countervailing
duty investigation. See Final Affirmative Countervailing Duty
Determination: Certain Hot-Rolled Carbon Steel Flat Products From
India, 66 FR 49635 (September 28, 2001). The adjusted all-others
rate is 23.87 percent.
---------------------------------------------------------------------------
Notification to Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the
Department's presumption that reimbursement of the antidumping duties
occurred and the subsequent assessment of doubled antidumping and/or
countervailing duties.
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 in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the 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.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: April 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
APPENDIX Issues in Decision Memorandum
Comment 1: Date of Sales
Comment 2: Commission
Comment 3: Duty Drawback
Comment 4: Treatment of Sales Tax
Comment 5: Interest Expense Ratio Calculation
[FR Doc. E9-9046 Filed 4-17-09; 8:45 am]
BILLING CODE 3510-DS-S
