Rescission and Preliminary Rescission of Antidumping Duty Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products from The People's Republic of China, 30525-30527 [E9-15176]
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Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0408 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION: On
November 29, 2001, the Department
published the antidumping duty order
on hot-rolled steel from Thailand. See
Notice of Antidumping Duty Order:
Certain Hot-Rolled Carbon Steel Flat
Products From Thailand, 66 FR 59562
(November 29, 2001) (Order). On
November 3, 2008, the Department
published the opportunity to request an
administrative review of, inter alia, hotrolled steel from Thailand for the period
November 1, 2007, through October 31,
2008. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 73
FR 65288 (November 3, 2008).
In accordance with 19 CFR
351.213(b)(1), on December 1, 2008,
United States Steel Corporation (U.S.
Steel or petitioner) and G Steel
requested that we conduct an
administrative review of G Steel’s sales
of subject merchandise. G J Steel also
requested that we review sales of G J
Steel, asserting in its request the
Department should ‘‘treat both
companies [i.e., G Steel and G J Steel]
as affiliated, and as affiliated producers,
as a single entity entitled to a single
antidumping duty rate as a result of this
administrative review.’’ On December
24, 2008, the Department published in
the Federal Register a notice of
initiation of this antidumping duty
administrative review covering the
period November 1, 2007, through
October 31, 2008. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 73 FR 79055
(December 24, 2008).
On January 13, 2009, the Department
issued its antidumping questionnaire to
G Steel and G J Steel under separate
cover letters. On February 1, 2009, G
Steel and G J Steel submitted a
combined section A questionnaire
response (Section A Response). On
March 12, 2009, prior to the deadlines
for the remainder of their additional
questionnaire responses, G Steel and G
J Steel withdrew their requests for a
review, and asked the Department to
rescind the review with respect to G
Steel and G J Steel, noting that in the
case of G J Steel no other party had
requested a review. G Steel and G J Steel
noted their request for withdrawal
comes within 90 days of the publication
of the notice of initiation. Finally, both
companies requested the return of
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16:39 Jun 25, 2009
Jkt 217001
30525
results of the administrative review of G
Steel.
This notice is published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
information disclosed under the
Department’s Administrative Protective
Order, to which request the Department
acceded in its April 9, 2009 letter to G
Steel and G J Steel.
On April 7, 20, and 28, 2009,
domestic interested parties Nucor
Corporation (Nucor) and U.S. Steel
submitted comments and additional
information for the record in support of
their position that the review should not
be rescinded.
Dated: June 19, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–15177 Filed 6–25–09; 8:45 am]
Rescission of Administrative Review
BILLING CODE 3510–DS–P
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the parties
that requested a review withdraw the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. On March 12,
2009, G J Steel withdrew its request for
an administrative review. G J Steel
withdrew its request before the 90-day
deadline, and no other party requested
an administrative review of this
antidumping duty order with respect to
G J Steel for the 2007–2008 period.
Therefore, in response to the
withdrawal by G J Steel of its request for
an administrative review, and pursuant
to 19 CFR 351.213(d)(1), the Department
rescinds the administrative review of
the antidumping duty order on certain
hot-rolled carbon steel flat products
from Thailand with respect to G J Steel.
As regards G Steel, the petitioner U.S.
Steel requested a review of G Steel and
therefore, as not all parties have
withdrawn their requests for a review of
G Steel, the review will continue with
respect to G Steel.
Assessment
The Department will not issue
liquidation instructions or cash deposit
instructions with respect to G J Steel at
this time because the Department may
decide to ‘‘collapse’’ G Steel with G J
Steel based upon G Steel’s request for
the Department to collapse the two
companies under 19 CFR 351.401(f) of
the Department’s regulations and also
based upon U.S. Steel’s and Nucor’s
comments to the Department concerning
whether G Steel and G J Steel should be
treated as a single entity. The
Department therefore intends to explore
the issue of G Steel and G J Steel’s
affiliation and the proper treatment of
these firms in the context of the
administrative review that is still
ongoing with respect to G Steel. We will
include our findings in our preliminary
results of review with respect to G Steel.
Accordingly, the Department expects to
issue liquidation instructions with
respect to G J Steel following the final
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–865]
Rescission and Preliminary Rescission
of Antidumping Duty Administrative
Review: Certain Hot–Rolled Carbon
Steel Flat Products from The People’s
Republic of China
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 26, 2009.
FOR FURTHER INFORMATION CONTACT: Toni
Dach or Paul Walker, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1655 and (202)
482–0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2008, the Department
of Commerce (‘‘Department’’) published
a notice of opportunity to request an
administrative review of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
the People’s Republic of China (‘‘PRC’’)
for the period of review (‘‘POR’’)
November 1, 2007, through October 31,
2008. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 73
FR 65288 (November 3, 2008). On
December 1, 2008, Nucor Corporation
(‘‘Nucor’’), domestic producers of
certain hot–rolled carbon steel flat
products, requested that the Department
conduct an administrative review of
Baosteel Group Corporation, Shanghai
Baosteel International Economic &
Trading Co., Ltd., and Baoshan Iron and
Steel Co., Ltd. (collectively ‘‘Baosteel’’).
On December 1, 2008, ArcelorMittal
USA, Inc. (‘‘ArcelorMittal’’), a domestic
producer of certain hot–rolled steel flat
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Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices
products, requested that the Department
conduct an administrative review of
Angang Steel Company, Ltd., Angang
Group International Trade Corporation,
New Iron and Steel Co., Ltd., Angang
Group Hong Kong Co., Ltd., Anshan
Iron & Steel Group, and all affiliated
entities (collectively ‘‘Angang’’); and
Shanghai Baosteel Group Corporation,
Baosteel Group International Trade
Corp., and Baoshan Iron and Steel Co.,
Ltd. (also collectively ‘‘Baosteel’’). On
December 24, 2008, the Department
published a notice of initiation of an
antidumping duty administrative review
on certain hot–rolled carbon steel flat
products from the PRC. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 73 FR 79055
(December 24, 2008) (‘‘Notice of
Initiation’’).
On February 2, 2009, Angang
submitted a letter stating that it had no
sales of subject merchandise to the
United States during the POR. On
March 18, 2009, ArcelorMittal withdrew
its request for review of Baosteel and
Angang.
On January 12, 2009, Baosteel
submitted a letter stating that it had no
sales of subject merchandise to the
United States during the POR. On
March 25, 2009, the Department
requested additional information from
Baosteel. On April 1, 2009, Baosteel
submitted its response to the
Department’s inquiry. See ‘‘Preliminary
Rescission of Review’’ section, below.
Scope of the Review
For purposes of this review, the
products covered are certain hot–rolled
carbon steel flat products of a
rectangular shape, of a width of 0.5 inch
or greater, neither clad, plated, nor
coated with metal and whether or not
painted, varnished, or coated with
plastics or other non–metallic
substances, in coils (whether or not in
successively superimposed layers),
regardless of thickness, and in straight
lengths of a thickness of less than 4.75
mm and of a width measuring at least
10 times the thickness. Universal mill
plate (i.e., flat–rolled products rolled on
four faces or in a closed box pass, of a
width exceeding 150 mm, but not
exceeding 1250 mm, and of a thickness
of not less than 4.0 mm, not in coils and
without patterns in relief) of a thickness
not less than 4.0 mm is not included
within the scope of this review.
Specifically included within the
scope of this review are vacuum
degassed, fully stabilized (commonly
referred to as interstitial–free (‘‘IF’’))
steels, high strength low alloy (‘‘HSLA’’)
steels, and the substrate for motor
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16:39 Jun 25, 2009
Jkt 217001
lamination steels. IF steels are
recognized as low carbon steels with
micro–alloying levels of elements such
as titanium or niobium (also commonly
referred to as columbium), or both,
added to stabilize carbon and nitrogen
elements. HSLA steels are recognized as
steels with micro–alloying levels of
elements such as chromium, copper,
niobium, vanadium, and molybdenum.
The substrate for motor lamination
steels contains micro–alloying levels of
elements such as silicon and aluminum.
Steel products to be included in the
scope of this review, regardless of
definitions in the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’), are products in which: i)
iron predominates, by weight, over each
of the other contained elements; ii) the
carbon content is 2 percent or less, by
weight; and, iii) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or0.50 percent of
aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical
and chemical description provided
above are within the scope of this
review unless otherwise excluded. The
following products, by way of example,
are outside or specifically excluded
from the scope of this review:
• Alloy hot–rolled steel products in
which at least one of the chemical
elements exceeds those listed above
(including, e.g., American Society for
Testing and Materials (‘‘ASTM’’)
specifications A543, A387, A514, A517,
A506).
• Society of Automotive Engineers
(‘‘SAE’’)/American Iron & Steel Institute
(‘‘AISI’’) grades of series 2300 and
higher.
• Ball bearing steels, as defined in the
HTSUS.
• Tool steels, as defined in the HTSUS.
• Silico–manganese (as defined in the
HTSUS) or silicon electrical steel with
a silicon level exceeding 2.25 percent.
• ASTM specifications A710 and A736.
• USS abrasion–resistant steels (USS AR
400, USS AR 500).
• All products (proprietary or otherwise)
based on an alloy ASTM specification
(sample specifications: ASTM A506,
A507).
• Non–rectangular shapes, not in coils,
which are the result of having been
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processed by cutting or stamping and
which have assumed the character of
articles or products classified outside
chapter 72 of the HTSUS.
The merchandise subject to this
review is classified in the HTSUS at
subheadings: 7208.10.15.00,
7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00,
7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60,
7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60,
7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15,
7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60,
7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90,
7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00,
7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90.
Certain hot–rolled carbon steel flat
products covered by this review,
including: vacuum degassed fully
stabilized; high strength low alloy; and
the substrate for motor lamination steel
may also enter under the following tariff
numbers: 7225.11.00.00, 7225.19.00.00,
7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90,
7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00,
7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00. Although the HTSUS
subheadings are provided for
convenience and U.S. Customs
purposes, the written description of the
merchandise under review is
dispositive.
Period of Review
The POR is November 1, 2007,
through October 31, 2008.
Rescission of Review
On March 18, 2009, ArcelorMittal
submitted a timely withdrawal of its
request for review of Baosteel and
Angang. As ArcelorMittal was the sole
party requesting review of Angang, in
accordance with 19 CFR 351.213(d)(1),
we are rescinding this review of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
the PRC for the period of November 1,
2007, to October 31, 2008, with respect
to Angang. The cash deposit rate for
Angang will continue to be the rate
established in the most recently
completed segment of this proceeding.
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
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Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Notices
to assess antidumping duties on all
appropriate entries. For Angang,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(2).
The Department will issue appropriate
assessment instructions directly to CBP
15 days after publication of this notice.
Preliminary Rescission of Review
On January 23, February 6, and March
6, 2009, the Department placed CBP
data and entry documentation on the
record of the instant review, which
indicated that Baosteel may have
entered subject merchandise during the
POR. On March 25, 2009, the
Department requested additional
information from Baosteel regarding the
classification of the shipments. On April
1, 2009, Baosteel provided information
demonstrating that the entries in
question had been misclassified, and
were actually shipments of merchandise
outside the scope of this antidumping
duty order. Upon review of Baosteel’s
response, the Department finds that
there is no record evidence that
indicates Baosteel made entries of
subject merchandise during the POR.
Therefore, in accordance with 19 CFR
351.213(d)(3) and consistent with our
practice, we are preliminarily
rescinding this review of the
antidumping duty order on certain hot–
rolled carbon steel flat products from
the PRC for the period of November 1,
2007, to October 31, 2008. If the
rescission is confirmed in our final
results, the cash deposit rate for
Baosteel will continue to be the rate
established in the most recently
completed segment of this proceeding.
Interested parties may submit
comments for consideration in the
Department’s final results not later than
30 days after publication of this notice.
See 19 CFR 351.309(c). Responses to
those comments may be submitted not
later than five days following
submission of the comments. See 19
CFR 351.309(d). All written comments
must be submitted in accordance with
19 CFR 351.303, and must be served on
interested parties on the Department’s
service list in accordance with 19 CFR
351.303(f)(3). The Department will issue
the final results of this administrative
review, which will include the results of
its analysis of issues raised in any such
comments, within 120 days of
publication of the preliminary results,
and will publish these results in the
Federal Register.
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16:39 Jun 25, 2009
Jkt 217001
Notification to Importers
This notice serves as a final reminder
to importers for whom this review is
being rescinded, as of the publication
date of this notice, of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the 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 the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding APOs
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is in accordance with
sections 751 and 777(i)(1) of the Tariff
Act of 1930, as amended, and 19 CFR
351.213(d)(4).
Dated: June June 19, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duties
Operations.
[FR Doc. E9–15176 Filed 6–25–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XP71
Notice of Availability of Draft Stock
Assessment Reports
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
SUMMARY: NMFS reviewed the Alaska,
Atlantic, and Pacific regional marine
mammal stock assessment reports
(SARs) in accordance with the Marine
Mammal Protection Act. SARs for
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30527
marine mammals in the Alaska,
Atlantic, and Pacific regions were
revised according to new information.
NMFS solicits public comments on draft
2009 SARs.
DATES: Comments must be received by
September 24, 2009.
ADDRESSES: The 2009 draft stock
assessment reports and summaries of
them 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 301–427–2522 or via
email to mmsar.2009@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:
Background
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
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]]>Agencies
[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Pages 30525-30527]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15176]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-865]
Rescission and Preliminary Rescission of Antidumping Duty
Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products
from The People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 26, 2009.
FOR FURTHER INFORMATION CONTACT: Toni Dach or Paul Walker, AD/CVD
Operations, Office 9, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1655 and (202) 482-0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2008, the Department of Commerce (``Department'')
published a notice of opportunity to request an administrative review
of the antidumping duty order on certain hot-rolled carbon steel flat
products from the People's Republic of China (``PRC'') for the period
of review (``POR'') November 1, 2007, through October 31, 2008. See
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity to Request Administrative Review, 73 FR
65288 (November 3, 2008). On December 1, 2008, Nucor Corporation
(``Nucor''), domestic producers of certain hot-rolled carbon steel flat
products, requested that the Department conduct an administrative
review of Baosteel Group Corporation, Shanghai Baosteel International
Economic & Trading Co., Ltd., and Baoshan Iron and Steel Co., Ltd.
(collectively ``Baosteel''). On December 1, 2008, ArcelorMittal USA,
Inc. (``ArcelorMittal''), a domestic producer of certain hot-rolled
steel flat
[[Page 30526]]
products, requested that the Department conduct an administrative
review of Angang Steel Company, Ltd., Angang Group International Trade
Corporation, New Iron and Steel Co., Ltd., Angang Group Hong Kong Co.,
Ltd., Anshan Iron & Steel Group, and all affiliated entities
(collectively ``Angang''); and Shanghai Baosteel Group Corporation,
Baosteel Group International Trade Corp., and Baoshan Iron and Steel
Co., Ltd. (also collectively ``Baosteel''). On December 24, 2008, the
Department published a notice of initiation of an antidumping duty
administrative review on certain hot-rolled carbon steel flat products
from the PRC. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 73 FR 79055
(December 24, 2008) (``Notice of Initiation'').
On February 2, 2009, Angang submitted a letter stating that it had
no sales of subject merchandise to the United States during the POR. On
March 18, 2009, ArcelorMittal withdrew its request for review of
Baosteel and Angang.
On January 12, 2009, Baosteel submitted a letter stating that it
had no sales of subject merchandise to the United States during the
POR. On March 25, 2009, the Department requested additional information
from Baosteel. On April 1, 2009, Baosteel submitted its response to the
Department's inquiry. See ``Preliminary Rescission of Review'' section,
below.
Scope of the Review
For purposes of this review, the products covered are certain hot-
rolled carbon steel flat products of a rectangular shape, of a width of
0.5 inch or greater, neither clad, plated, nor coated with metal and
whether or not painted, varnished, or coated with plastics or other
non-metallic substances, in coils (whether or not in successively
superimposed layers), regardless of thickness, and in straight lengths
of a thickness of less than 4.75 mm and of a width measuring at least
10 times the thickness. Universal mill plate (i.e., flat-rolled
products rolled on four faces or in a closed box pass, of a width
exceeding 150 mm, but not exceeding 1250 mm, and of a thickness of not
less than 4.0 mm, not in coils and without patterns in relief) of a
thickness not less than 4.0 mm is not included within the scope of this
review.
Specifically included within the scope of this review are vacuum
degassed, fully stabilized (commonly referred to as interstitial-free
(``IF'')) steels, high strength low alloy (``HSLA'') steels, and the
substrate for motor lamination steels. IF steels are recognized as low
carbon steels with micro-alloying levels of elements such as titanium
or niobium (also commonly referred to as columbium), or both, added to
stabilize carbon and nitrogen elements. HSLA steels are recognized as
steels with micro-alloying levels of elements such as chromium, copper,
niobium, vanadium, and molybdenum. The substrate for motor lamination
steels contains micro-alloying levels of elements such as silicon and
aluminum.
Steel products to be included in the scope of this review,
regardless of definitions in the Harmonized Tariff Schedule of the
United States (``HTSUS''), are products in which: i) iron predominates,
by weight, over each of the other contained elements; ii) the carbon
content is 2 percent or less, by weight; and, iii) none of the elements
listed below exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical and chemical description
provided above are within the scope of this review unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of this review:
Alloy hot-rolled steel products in which at least one of the
chemical elements exceeds those listed above (including, e.g., American
Society for Testing and Materials (``ASTM'') specifications A543, A387,
A514, A517, A506).
Society of Automotive Engineers (``SAE'')/American Iron &
Steel Institute (``AISI'') grades of series 2300 and higher.
Ball bearing steels, as defined in the HTSUS.
Tool steels, as defined in the HTSUS.
Silico-manganese (as defined in the HTSUS) or silicon
electrical steel with a silicon level exceeding 2.25 percent.
ASTM specifications A710 and A736.
USS abrasion-resistant steels (USS AR 400, USS AR 500).
All products (proprietary or otherwise) based on an alloy ASTM
specification (sample specifications: ASTM A506, A507).
Non-rectangular shapes, not in coils, which are the result of
having been processed by cutting or stamping and which have assumed the
character of articles or products classified outside chapter 72 of the
HTSUS.
The merchandise subject to this review is classified in the HTSUS
at subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90. Certain hot-rolled carbon steel flat
products covered by this review, including: vacuum degassed fully
stabilized; high strength low alloy; and the substrate for motor
lamination steel may also enter under the following tariff numbers:
7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although the HTSUS
subheadings are provided for convenience and U.S. Customs purposes, the
written description of the merchandise under review is dispositive.
Period of Review
The POR is November 1, 2007, through October 31, 2008.
Rescission of Review
On March 18, 2009, ArcelorMittal submitted a timely withdrawal of
its request for review of Baosteel and Angang. As ArcelorMittal was the
sole party requesting review of Angang, in accordance with 19 CFR
351.213(d)(1), we are rescinding this review of the antidumping duty
order on certain hot-rolled carbon steel flat products from the PRC for
the period of November 1, 2007, to October 31, 2008, with respect to
Angang. The cash deposit rate for Angang will continue to be the rate
established in the most recently completed segment of this proceeding.
The Department will instruct U.S. Customs and Border Protection
(``CBP'')
[[Page 30527]]
to assess antidumping duties on all appropriate entries. For Angang,
antidumping duties shall be assessed at rates equal to the cash deposit
of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(2). The Department will issue appropriate assessment
instructions directly to CBP 15 days after publication of this notice.
Preliminary Rescission of Review
On January 23, February 6, and March 6, 2009, the Department placed
CBP data and entry documentation on the record of the instant review,
which indicated that Baosteel may have entered subject merchandise
during the POR. On March 25, 2009, the Department requested additional
information from Baosteel regarding the classification of the
shipments. On April 1, 2009, Baosteel provided information
demonstrating that the entries in question had been misclassified, and
were actually shipments of merchandise outside the scope of this
antidumping duty order. Upon review of Baosteel's response, the
Department finds that there is no record evidence that indicates
Baosteel made entries of subject merchandise during the POR.
Therefore, in accordance with 19 CFR 351.213(d)(3) and consistent
with our practice, we are preliminarily rescinding this review of the
antidumping duty order on certain hot-rolled carbon steel flat products
from the PRC for the period of November 1, 2007, to October 31, 2008.
If the rescission is confirmed in our final results, the cash deposit
rate for Baosteel will continue to be the rate established in the most
recently completed segment of this proceeding.
Interested parties may submit comments for consideration in the
Department's final results not later than 30 days after publication of
this notice. See 19 CFR 351.309(c). Responses to those comments may be
submitted not later than five days following submission of the
comments. See 19 CFR 351.309(d). All written comments must be submitted
in accordance with 19 CFR 351.303, and must be served on interested
parties on the Department's service list in accordance with 19 CFR
351.303(f)(3). The Department will issue the final results of this
administrative review, which will include the results of its analysis
of issues raised in any such comments, within 120 days of publication
of the preliminary results, and will publish these results in the
Federal Register.
Notification to Importers
This notice serves as a final reminder to importers for whom this
review is being rescinded, as of the publication date of this notice,
of their responsibility under 19 CFR 351.402(f)(2) to file a
certificate regarding the 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 the antidumping duties occurred and
the subsequent assessment of double antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This notice is in accordance with sections 751 and 777(i)(1) of the
Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).
Dated: June June 19, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duties Operations.
[FR Doc. E9-15176 Filed 6-25-09; 8:45 am]
BILLING CODE 3510-DS-S
