Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Final Results of Antidumping Duty Changed Circumstances Review and Reinstatement in the Antidumping Duty Order, 22885-22887 [E9-11420]
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Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices
Certain Hot–Rolled Carbon Steel Flat
Products from Thailand: Final Results
of Antidumping Duty Changed
Circumstances Review and
Reinstatement in the Antidumping
Duty Order
subject merchandise manufactured and
exported by SSI. The product covered
by this order is hot–rolled steel from
Thailand (see ‘‘Scope of the Order’’
section below). The period of review
(‘‘POR’’) is July 1, 2006, through June
30, 2007. Based on our analysis of the
comments received, we have made
changes to the margin calculation.
Therefore, the final results differ from
the preliminary results. However, we
continue to determine that SSI sold
subject merchandise at less than normal
value (‘‘NV’’) during the POR, and
hereby reinstate SSI in the order. The
final weighted–average dumping margin
is listed below in the section entitled
‘‘Final Results of Review.’’
EFFECTIVE DATE: May 15, 2009.
FOR FURTHER INFORMATION CONTACT: John
K. Drury or Angelica Mendoza, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington, DC 20230;
telephone: (202) 482–0195 or (202) 482–
3019, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce
SUMMARY: On December 30, 2008, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of the changed circumstances
review and intent to reinstate Sahaviriya
Steel Industries Public Company
Limited (‘‘SSI’’) in the antidumping
duty order (‘‘the order’’) on certain hot–
rolled carbon steel flat products (‘‘hot–
rolled steel’’) from the Kingdom of
Thailand (‘‘Thailand’’). See Certain Hot–
Rolled Carbon Steel Flat Products from
Thailand: Preliminary Results of
Changed Circumstances Review and
Intent To Reinstate Sahaviriya Steel
Industries Public Company Limited in
the Antidumping Duty Order, 73 FR
79809 (December 30, 2008)
(‘‘Preliminary Results’’). On October 29,
2008, we extended the time limit for
completion of this changed
circumstances review until April 22,
2009. See Certain Hot–Rolled Carbon
Steel Flat Products from Thailand:
Extension of Time Limit for Final
Results of Changed Circumstances
Review, 73 FR 64303 (October 29, 2008)
(‘‘First Extension Notice’’). On April 29,
2009, we extended the date for the final
results of this review by 15 days. See
Certain Hot–Rolled Carbon Steel Flat
Products from Thailand: Extension of
Time Limit for Final Results of Changed
Circumstances Review, 74 FR 19524
(April 29, 2009).This review covers
Background
On December 30, 2008, the
Department published in the Federal
Register the preliminary results of this
changed circumstances review and
intent to reinstate SSI in the
antidumping order on hot–rolled steel
from Thailand. See Preliminary Results.
This review covers sales of subject
merchandise by SSI. The POR is July 1,
2006, through June 30, 2007.
On December 10, 2008, we issued a
notice correcting an error in the First
Extension Notice. See Certain Hot–
Rolled Carbon Steel Flat Products from
Thailand: Correction to Notice of
Extension of Time Limit for Final
Results of Changed Circumstances
Review, 73 FR 75079 (December 10,
2008). On February 5, 2009, the
Department issued a notice correcting
an error in the Preliminary Results. See
Certain Hot–Rolled Carbon Steel Flat
Products from Thailand: Correction to
Preliminary Results of Changed
Circumstances Review and Intent To
Reinstate Sahaviriya Steel Industries
Public Company Limited in the
Antidumping Duty Order, 74 FR 6136
(February 5, 2009).
We invited interested parties to
comment on the preliminary results of
review. On February 4, 2009, we
received comments from SSI, U.S. Steel
Corporation (‘‘petitioner’’), and
interested party Nucor Corporation
(‘‘Nucor’’). On February 11, 2009, SSI,
petitioner and Nucor filed rebuttal
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results and notice in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: May 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–11419 Filed 5–14–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–817]
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comments. At the request of SSI, we
held a hearing on this changed
circumstances review on February 19,
2009. The Department has conducted
this changed circumstances review in
accordance with section 751(b) of the
Tariff Act of 1930, as amended (‘‘the
Act’’).
Scope of the Order
For purposes of the order, the
products covered are certain hot–rolled
carbon steel flat products of a
rectangular shape, of a width of 0.5 inch
or greater, neither clad, plated, nor
coated with metal and whether or not
painted, varnished, or coated with
plastics or other non–metallic
substances, in coils (whether or not in
successively superimposed layers),
regardless of thickness, and in straight
lengths, of a thickness of less than 4.75
mm and of a width measuring at least
10 times the thickness. Universal mill
plate (i.e., flat–rolled products rolled on
four faces or in a closed box pass, of a
width exceeding 150 mm, but not
exceeding 1250 mm, and of a thickness
of not less than 4.0 mm, not in coils and
without patterns in relief) of a thickness
not less than 4.0 mm is not included
within the scope of the order.
Specifically included within 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 to be 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
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Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices
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 steel products in
which at least one of the chemical
elements exceeds those listed above
(including, e.g., American Society for
Testing and Materials (‘‘ASTM’’)
specifications A543, A387, A514, A517,
A506).
-Society of Automotive Engineers
(‘‘SAE’’)/American Iron & Steel Institute
(‘‘AISI’’) grades of series 2300 and
higher.
-Ball bearing steels, as defined in the
HTSUS.
-Tool steels, as defined in the HTSUS.
-Silico–manganese (as defined in the
HTSUS) or silicon electrical steel with
a silicon level exceeding 2.25 percent.
-ASTM specifications A710 and A736.
-USS abrasion–resistant steels (USS
AR 400, USS AR 500).
-All products (proprietary or
otherwise) based on an alloy ASTM
specification (sample specifications:
ASTM A506, A507).
-Non–rectangular shapes, not in coils,
which are the result of having been
processed by cutting or stamping and
which have assumed the character of
articles or products classified outside
chapter 72 of the HTSUS.
The merchandise subject to the order
is currently classified in the HTSUS at
subheadings: 7208.10.15.00,
7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00,
7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60,
7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60,
7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15,
7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60,
7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90,
7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00,
7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90.
Certain hot–rolled carbon steel flat
products covered by 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,
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16:43 May 14, 2009
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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
7226.99.01.80. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by SSI,
petitioner, and Nucor are addressed in
the ‘‘Issues and Decision Memorandum’’
(‘‘Decision 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,
dated May 7, 2009, which is adopted by
this notice. A list of issues which parties
have raised is in the Decision
Memorandum and is attached to this
notice as an appendix. Parties can find
a complete discussion of all issues
raised in this review and the
corresponding recommendations in the
Decision Memorandum which is on file
in the Central Records Unit, Room 1117,
of the main Commerce Building. In
addition, a complete version of the
Decision Memorandum can be accessed
directly on the Web at https://
www.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 our analysis of the
comments received, we have made
certain changes to the margin
calculations. These changes are
discussed in the relevant sections of the
Decision Memorandum and the
Memorandum to the File from John K.
Drury, Analysis Memorandum for the
Final Results of Changed Circumstances
Review of Certain Hot–Rolled Carbon
Steel Flat Products from Thailand:
Sahaviriya Steel Industries Public Co.,
Ltd. (‘‘SSI’’), dated May 7, 2009,
(‘‘Analysis Memorandum’’).
Specifically, for these final results:
1) We adjusted the reported warranty
expenses dividing the sum of three
years of warranty expenses by the
sum of total sales during the same
three-year period. We multiplied
the result by the gross unit price
and applied the result to all home
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market sales.
2) We have used SSI’s reported cost
of goods sold, rather than the cost
adjusted for cost of manufacture.
3) We corrected a clerical error in the
arm’s–length portion of the
Department’s SAS program.
Final Results of Review
We determine that the following
weighted–average margin percentage
exists for the period July 1, 2006,
through June 30, 2007:
Manufacturer / Exporter
Sahaviriya Steel Industries Public Company
Limited .......................
Margin
9.04 percent
Since we have established that hot–
rolled steel from Thailand manufactured
and exported by SSI is being sold at less
than NV, SSI is hereby reinstated in the
antidumping duty order effective upon
the publication date of this notice. We
will advise U.S. Customs and Border
Protection to collect a cash deposit
equal to the margin listed above on all
entries of the subject merchandise
produced by SSI that are entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of these final results. This
requirement shall remain in effect until
publication of the final results of the
next administrative review as to SSI.
There are no changes to the rates
applicable to any other companies
under this antidumping duty order.
Notification to Interested Parties
The Department will disclose
calculations performed in connection
with the final results of review within
five days of the date of publication of
this notice in accordance with 19 C.F.R.
351.224(b).
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). Timely
written notification of the return/
disposition 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 this
determination in accordance with
section 751(b)(1) of the Act and 19 CFR
351.216.
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Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices
Dated: May 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix Comments in Decision Memo
1. The Department’s Authority to
Conduct the Changed Circumstances
Review
2. Date of Sale for U.S. Sales
3. Segment Methodology
4. Warranty Expenses
5. Affiliated Transportation Expenses
6. Use of Cost of Goods Sold
7. General and Administrative (‘‘G&A’’)
and Financial Expense Ratio
Denominators
8. G&A Expense Ratio
9. Affiliated Party Inputs
10. Direct Materials Cost
11. Clerical Error
[FR Doc. E9–11420 Filed 5–14–09; 8:45 am]
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Lecture Room B, Gaithersburg,
Maryland 20899. All visitors to the
National Institute of Standards and
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name, time of arrival, e-mail address
and phone number to Diane Harrison no
later than Tuesday, June 16, 2009, and
she will provide you with instructions
for admittance. Ms. Harrison’s e-mail
address is diane.harrison@nist.gov and
her phone number is (301) 975–2361.
FOR FURTHER INFORMATION CONTACT: Dr.
Harry Hertz, Director, National Quality
Program, National Institute of Standards
and Technology, Gaithersburg,
Maryland 20899, telephone number
(301) 975–2361.
Dated: May 12, 2009.
Patrick Gallagher,
Deputy Director.
[FR Doc. E9–11408 Filed 5–14–09; 8:45 am]
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DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Institute of Standards and
Technology
Malcolm Baldrige National Quality
Award Board of Overseers
AGENCY: National Institute of Standards
and Technology; Department of
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ACTION: Notice of public meeting.
SUMMARY: Pursuant to the Federal
Advisory Committee Act, 5 U.S.C. app.
2, notice is hereby given that there will
be a meeting of the Board of Overseers
of the Malcolm Baldrige National
Quality Award on June 17, 2009. The
Board of Overseers is composed of
eleven members prominent in the fields
of quality, innovation, and performance
excellence and appointed by the
Secretary of Commerce, assembled to
advise the Secretary of Commerce on
the conduct of the Baldrige Award. The
purpose of this meeting is to discuss
and review information received from
the National Institute of Standards and
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Judges Panel of the Malcolm Baldrige
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Plan, Initiation of Two Contracts, and
Baldrige Collaborative and ‘‘Trifecta’’
(Baldrige Program, Baldrige Foundation,
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DATES: The meeting will convene June
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The meeting will be held at
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ADDRESSES:
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Technology
AGENCY: National Institute of Standards
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ACTION: Notice of public meeting.
SUMMARY: Pursuant to the Federal
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2, notice is hereby given that the
Visiting Committee on Advanced
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will meet Tuesday, June 9, 2009, from
8:30 a.m. to 5 p.m. and Wednesday,
June 10, 2009, from 8:30 a.m. to 11:45
a.m. The Visiting Committee on
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Director of NIST who are eminent in
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The purpose of this meeting is to
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The theme for this meeting is ‘‘NIST’s
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Health Care Information Technology
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presentations on the importance of NIST
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standards for Smart Grid and Health
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guest speakers on the issues and
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meeting followed by the VCAT’s
feedback on summary findings for the
2009 Annual Report. The agenda may
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DATES: The meeting will convene on
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Please submit your name, time of
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her phone number is (301) 975–5607.
FOR FURTHER INFORMATION CONTACT:
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telephone number (301) 975–5607.
Dated: May 12, 2009.
Patrick Gallagher,
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[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Pages 22885-22887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11420]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-817]
Certain Hot-Rolled Carbon Steel Flat Products from Thailand:
Final Results of Antidumping Duty Changed Circumstances Review and
Reinstatement in the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: On December 30, 2008, the Department of Commerce (``the
Department'') published the preliminary results of the changed
circumstances review and intent to reinstate Sahaviriya Steel
Industries Public Company Limited (``SSI'') in the antidumping duty
order (``the order'') on certain hot-rolled carbon steel flat products
(``hot-rolled steel'') from the Kingdom of Thailand (``Thailand''). See
Certain Hot-Rolled Carbon Steel Flat Products from Thailand:
Preliminary Results of Changed Circumstances Review and Intent To
Reinstate Sahaviriya Steel Industries Public Company Limited in the
Antidumping Duty Order, 73 FR 79809 (December 30, 2008) (``Preliminary
Results''). On October 29, 2008, we extended the time limit for
completion of this changed circumstances review until April 22, 2009.
See Certain Hot-Rolled Carbon Steel Flat Products from Thailand:
Extension of Time Limit for Final Results of Changed Circumstances
Review, 73 FR 64303 (October 29, 2008) (``First Extension Notice''). On
April 29, 2009, we extended the date for the final results of this
review by 15 days. See Certain Hot-Rolled Carbon Steel Flat Products
from Thailand: Extension of Time Limit for Final Results of Changed
Circumstances Review, 74 FR 19524 (April 29, 2009).This review covers
subject merchandise manufactured and exported by SSI. The product
covered by this order is hot-rolled steel from Thailand (see ``Scope of
the Order'' section below). The period of review (``POR'') is July 1,
2006, through June 30, 2007. Based on our analysis of the comments
received, we have made changes to the margin calculation. Therefore,
the final results differ from the preliminary results. However, we
continue to determine that SSI sold subject merchandise at less than
normal value (``NV'') during the POR, and hereby reinstate SSI in the
order. The final weighted-average dumping margin is listed below in the
section entitled ``Final Results of Review.''
EFFECTIVE DATE: May 15, 2009.
FOR FURTHER INFORMATION CONTACT: John K. Drury or Angelica Mendoza, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482-
0195 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 30, 2008, the Department published in the Federal
Register the preliminary results of this changed circumstances review
and intent to reinstate SSI in the antidumping order on hot-rolled
steel from Thailand. See Preliminary Results. This review covers sales
of subject merchandise by SSI. The POR is July 1, 2006, through June
30, 2007.
On December 10, 2008, we issued a notice correcting an error in the
First Extension Notice. See Certain Hot-Rolled Carbon Steel Flat
Products from Thailand: Correction to Notice of Extension of Time Limit
for Final Results of Changed Circumstances Review, 73 FR 75079
(December 10, 2008). On February 5, 2009, the Department issued a
notice correcting an error in the Preliminary Results. See Certain Hot-
Rolled Carbon Steel Flat Products from Thailand: Correction to
Preliminary Results of Changed Circumstances Review and Intent To
Reinstate Sahaviriya Steel Industries Public Company Limited in the
Antidumping Duty Order, 74 FR 6136 (February 5, 2009).
We invited interested parties to comment on the preliminary results
of review. On February 4, 2009, we received comments from SSI, U.S.
Steel Corporation (``petitioner''), and interested party Nucor
Corporation (``Nucor''). On February 11, 2009, SSI, petitioner and
Nucor filed rebuttal comments. At the request of SSI, we held a hearing
on this changed circumstances review on February 19, 2009. The
Department has conducted this changed circumstances review in
accordance with section 751(b) of the Tariff Act of 1930, as amended
(``the Act'').
Scope of the Order
For purposes of the order, the products covered are certain hot-
rolled carbon steel flat products of a rectangular shape, of a width of
0.5 inch or greater, neither clad, plated, nor coated with metal and
whether or not painted, varnished, or coated with plastics or other
non-metallic substances, in coils (whether or not in successively
superimposed layers), regardless of thickness, and in straight lengths,
of a thickness of less than 4.75 mm and of a width measuring at least
10 times the thickness. Universal mill plate (i.e., flat-rolled
products rolled on four faces or in a closed box pass, of a width
exceeding 150 mm, but not exceeding 1250 mm, and of a thickness of not
less than 4.0 mm, not in coils and without patterns in relief) of a
thickness not less than 4.0 mm is not included within the scope of the
order.
Specifically included within 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 to be 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
[[Page 22886]]
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 steel products in which at least one of the
chemical elements exceeds those listed above (including, e.g., American
Society for Testing and Materials (``ASTM'') specifications A543, A387,
A514, A517, A506).
-Society of Automotive Engineers (``SAE'')/American Iron & Steel
Institute (``AISI'') grades of series 2300 and higher.
-Ball bearing steels, as defined in the HTSUS.
-Tool steels, as defined in the HTSUS.
-Silico-manganese (as defined in the HTSUS) or silicon electrical
steel with a silicon level exceeding 2.25 percent.
-ASTM specifications A710 and A736.
-USS abrasion-resistant steels (USS AR 400, USS AR 500).
-All products (proprietary or otherwise) based on an alloy ASTM
specification (sample specifications: ASTM A506, A507).
-Non-rectangular shapes, not in coils, which are the result of
having been processed by cutting or stamping and which have assumed the
character of articles or products classified outside chapter 72 of the
HTSUS.
The merchandise subject to the order is currently classified in the
HTSUS at subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90.
Certain hot-rolled carbon steel flat products covered by 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 7226.99.01.80. Subject
merchandise may also enter under 7210.70.30.00, 7210.90.90.00,
7211.14.00.30, 7212.40.10.00, 7212.40.50.00, and 7212.50.00.00.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the merchandise is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by SSI,
petitioner, and Nucor are addressed in the ``Issues and Decision
Memorandum'' (``Decision 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, dated May 7, 2009, which is adopted by this
notice. A list of issues which parties have raised is in the Decision
Memorandum and is attached to this notice as an appendix. Parties can
find a complete discussion of all issues raised in this review and the
corresponding recommendations in the Decision Memorandum which is on
file in the Central Records Unit, Room 1117, of the main Commerce
Building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Web at https://www.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 our analysis of the comments received, we have made
certain changes to the margin calculations. These changes are discussed
in the relevant sections of the Decision Memorandum and the Memorandum
to the File from John K. Drury, Analysis Memorandum for the Final
Results of Changed Circumstances Review of Certain Hot-Rolled Carbon
Steel Flat Products from Thailand: Sahaviriya Steel Industries Public
Co., Ltd. (``SSI''), dated May 7, 2009, (``Analysis Memorandum'').
Specifically, for these final results:
1) We adjusted the reported warranty expenses dividing the sum of
three years of warranty expenses by the sum of total sales during the
same three-year period. We multiplied the result by the gross unit
price and applied the result to all home market sales.
2) We have used SSI's reported cost of goods sold, rather than the
cost adjusted for cost of manufacture.
3) We corrected a clerical error in the arm's-length portion of the
Department's SAS program.
Final Results of Review
We determine that the following weighted-average margin percentage
exists for the period July 1, 2006, through June 30, 2007:
------------------------------------------------------------------------
Manufacturer / Exporter Margin
------------------------------------------------------------------------
Sahaviriya Steel Industries Public Company Limited.. 9.04 percent
------------------------------------------------------------------------
Since we have established that hot-rolled steel from Thailand
manufactured and exported by SSI is being sold at less than NV, SSI is
hereby reinstated in the antidumping duty order effective upon the
publication date of this notice. We will advise U.S. Customs and Border
Protection to collect a cash deposit equal to the margin listed above
on all entries of the subject merchandise produced by SSI that are
entered, or withdrawn from warehouse, for consumption on or after the
publication date of these final results. This requirement shall remain
in effect until publication of the final results of the next
administrative review as to SSI. There are no changes to the rates
applicable to any other companies under this antidumping duty order.
Notification to Interested Parties
The Department will disclose calculations performed in connection
with the final results of review within five days of the date of
publication of this notice in accordance with 19 C.F.R. 351.224(b).
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). Timely written
notification of the return/disposition 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 this determination in accordance with
section 751(b)(1) of the Act and 19 CFR 351.216.
[[Page 22887]]
Dated: May 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix Comments in Decision Memo
1. The Department's Authority to Conduct the Changed Circumstances
Review
2. Date of Sale for U.S. Sales
3. Segment Methodology
4. Warranty Expenses
5. Affiliated Transportation Expenses
6. Use of Cost of Goods Sold
7. General and Administrative (``G&A'') and Financial Expense Ratio
Denominators
8. G&A Expense Ratio
9. Affiliated Party Inputs
10. Direct Materials Cost
11. Clerical Error
[FR Doc. E9-11420 Filed 5-14-09; 8:45 am]
BILLING CODE 3510-DS-S