Certain Hot-Rolled Carbon Steel Flat Products from the People's Republic of China: Final Rescission of Antidumping Duty Administrative Review, 40165-40167 [E9-19224]
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Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices
approval of this information collection;
they also will become a matter of public
record.
Dated: August 4, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer, Administrative
Management Group.
[FR Doc. E9–19179 Filed 8–10–09; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
sroberts on DSKD5P82C1PROD with NOTICES
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proposal for collection of information
under the provisions of the Paperwork
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Trademark Office (USPTO).
Title: Customer Panel Quality Survey.
Form Number(s): None.
Agency Approval Number: 0651–
0057.
Type of Request: Revision of a
currently approved collection.
Burden: 406 hours.
Number of Respondents: 2,386
responses.
Avg. Hours per Response: The USPTO
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approximately 10 minutes (0.17 hours)
to complete either the paper or the
online survey. This includes the time to
gather the necessary information,
respond to the survey, and submit it to
the USPTO.
Needs and Uses: Individuals who
work at firms that file more than six
patent applications a year use the
Customer Panel Quality Survey to
provide the USPTO with their
perceptions of examination quality. The
USPTO uses the feedback gathered from
the survey to assist them in targeting
key areas for examination quality
improvement and to identify important
areas for examiner training.
Affected Public: Individuals or
households; business or other for profit;
and not-for-profit institutions.
Frequency: Semi-annually.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Nicholas A. Fraser,
e-mail:
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Paper copies can be obtained by:
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20:51 Aug 10, 2009
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Include ‘‘0651–0057 Customer Panel
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Nicholas A. Fraser.
Dated: August 4, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer, Administrative
Management Group.
[FR Doc. E9–19177 Filed 8–10–09; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–865]
Certain Hot–Rolled Carbon Steel Flat
Products from the People’s Republic
of China: Final Rescission of
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 11, 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
PO 00000
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40165
Suspended Investigation; Opportunity
to Request Administrative Review, 73
FR 65288 (November 3, 2008). On
December 1, 2008, Nucor Corporation
(‘‘Nucor’’), a domestic producer of
certain hot–rolled carbon steel flat
products, requested that the Department
conduct an administrative review of
Baosteel Group Corporation, Shanghai
Baosteel International Economic &
Trading Co., Ltd., and Baoshan Iron and
Steel Co., Ltd. (collectively ‘‘Baosteel’’).1
On December 1, 2008, ArcelorMittal
USA, Inc. (‘‘ArcelorMittal’’), a domestic
producer of certain hot–rolled steel flat
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’’).2 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). On March 18,
2009, ArcelorMittal submitted a timely
withdrawal of its request for review of
Baosteel and Angang.
On June 26, 2009, we rescinded this
review with respect to Angang based on
ArcelorMittal’s withdrawal of their
request for review, and preliminarily
rescinded this review with respect to
Baosteel based on evidence on the
record indicating that Baosteel made no
entries of subject merchandise into the
United States during the POR. See
Rescission and Preliminary Rescission
of Antidumping Duty Administrative
Review: Certain Hot Rolled Carbon Steel
Flat Products from The People’s
Republic of China, 74 FR 30525 (June
26, 2009) (‘‘Preliminary Rescission’’).
We invited interested parties to submit
comments on our Preliminary
Rescission. We did not receive any
comments on our Preliminary
Rescission.
1 Baosteel consists of the following five entities:
Baosteel Group Corporation, Shanghai Baosteel
International Economic & Trading Co., Ltd.,
Shanghai Baosteel Group Corporation, Baosteel
Group International Trade Corp., and Baoshan Iron
and Steel Co., Ltd.
2 As noted above, Baosteel consists of the five
entities listed in footnote 1.
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Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
Scope of the Order
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 included in the scope
of this review, regardless of definitions
in the Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’), are
products in which: i) iron predominates,
by weight, over each of the other
contained elements; ii) the carbon
content is 2 percent or less, by weight;
and, iii) none of the elements listed
below exceeds the quantity, by weight,
respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical
and chemical description provided
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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,
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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
written description of the merchandise
under review is dispositive.
Period of Review
The POR is November 1, 2007,
through October 31, 2008.
Final Rescission of Review
Because there is no information on
the record which indicates that Baosteel
made sales to the United States of
subject merchandise during the POR,
and because we did not receive any
comments on our Preliminary
Rescission, in accordance with 19 CFR
351.213(d)(3) and consistent with our
practice, we are rescinding this review
of the antidumping duty order on
certain hot–rolled carbon steel flat
products from the PRC for the period of
November 1, 2007, to October 31, 2008.3
The cash deposit rate for Baosteel 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’’)
to assess antidumping duties on all
appropriate entries. 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.
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
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Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Notices
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(a)(1) and 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: August 4, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–19224 Filed 8–10–09; 8:45 am]
BILLING CODE 3510–DS–S
Background
On April 6, 2009, the Department
published in the Federal Register the
preliminary results of administrative
review of the antidumping duty order
on certain orange juice from Brazil. See
Certain Orange Juice from Brazil:
Preliminary Results of Antidumping
Duty Administrative Review, 74 FR
15438 (Apr. 6, 2009) (Preliminary
Results).
We invited parties to comment on our
preliminary results of review. In May
2009, we received case briefs from the
petitioners (i.e., Florida Citrus Mutual,
A. Duda & Sons, Citrus World Inc., and
Southern Gardens Citrus Processing
Corporation) and the respondents (i.e.,
Fischer S.A. Comercio, Industria, and
Agricultura (Fischer) and Sucocitrico
Cutrale, S.A. (Cutrale)). Also in May
2009, we received rebuttal briefs from
the petitioners and the respondents.
The Department has conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
DEPARTMENT OF COMMERCE
Scope of the Order
International Trade Administration
The scope of this order includes
certain orange juice for transport and/or
further manufacturing, produced in two
different forms: (1) frozen orange juice
in a highly concentrated form,
sometimes referred to as frozen
concentrated orange juice for
manufacture (FCOJM); and (2)
pasteurized single–strength orange juice
which has not been concentrated,
referred to as not–from-concentrate
(NFC). At the time of the filing of the
petition, there was an existing
antidumping duty order on frozen
concentrated orange juice (FCOJ) from
Brazil. See Antidumping Duty Order;
Frozen Concentrated Orange Juice from
Brazil, 52 FR 16426 (May 5, 1987).
Therefore, the scope of this order with
regard to FCOJM covers only FCOJM
produced and/or exported by those
companies which were excluded or
revoked from the pre–existing
antidumping order on FCOJ from Brazil
as of December 27, 2004. Those
companies are Cargill Citrus Limitada,
Coinbra–Frutesp (SA), Cutrale, Fischer,
and Montecitrus Trading S.A.
Excluded from the scope of the order
are reconstituted orange juice and
frozen concentrated orange juice for
retail (FCOJR). Reconstituted orange
juice is produced through further
manufacture of FCOJM, by adding
water, oils and essences to the orange
juice concentrate. FCOJR is
concentrated orange juice, typically at
42 Brix, in a frozen state, packed in
retail–sized containers ready for sale to
[A–351–840]
sroberts on DSKD5P82C1PROD with NOTICES
Certain Orange Juice from Brazil: Final
Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 6, 2009, the
Department of Commerce published its
preliminary results of the administrative
review of the antidumping duty order
on certain orange juice from Brazil. The
period of review (POR) is March 1,
2007, through February 29, 2008.
Based on our analysis of the
comments received, we have made
certain changes in the margin
calculations. Therefore, the final results
differ from the preliminary results. The
final weighted–average dumping
margins for the reviewed firms are listed
below in the section entitled ‘‘Final
Results of Review.’’
EFFECTIVE DATE: August 11, 2009.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Miriam Eqab,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3874 or (202) 482–
3693, respectively.
SUPPLEMENTARY INFORMATION:
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40167
consumers. FCOJR, a finished consumer
product, is produced through further
manufacture of FCOJM, a bulk
manufacturer’s product.
The subject merchandise is currently
classifiable under subheadings
2009.11.00, 2009.12.25, 2009.12.45, and
2009.19.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
These HTSUS subheadings are provided
for convenience and for customs
purposes only and are not dispositive.
Rather, the written description of the
scope of the order is dispositive.
Period of Review
The POR is March 1, 2007, through
February 29, 2008.
Cost of Production
As discussed in the preliminary
results, we conducted an investigation
to determine whether Cutrale and
Fischer made home market sales of the
foreign like product during the POR at
prices below their costs of production
(COP) within the meaning of section
773(b) of the Act. See Preliminary
Results, 74 FR at 15442. For these final
results, we performed the cost test
following the same methodology as in
the Preliminary Results, except as
discussed in the Issues and Decision
Memorandum (the Decision Memo).
We found 20 percent or more of each
respondent’s sales of a given product
during the reporting period were at
prices less than the weighted–average
COP for this period. Thus, we
determined that these below–cost sales
were made in ‘‘substantial quantities’’
within an extended period of time and
at prices which did not permit the
recovery of all costs within a reasonable
period of time in the normal course of
trade. See sections 773(b)(1) and (2) of
the Act.
Therefore, for purposes of these final
results, we found that Cutrale and
Fischer made below–cost sales not in
the ordinary course of trade.
Consequently, we disregarded these
sales for each respondent and used the
remaining sales as the basis for
determining normal value pursuant to
section 773(b)(1) of the Act.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review, and to which we
have responded, are listed in the
Appendix to this notice and addressed
in the Decision Memo, which is adopted
by this notice. Parties can find a
complete discussion of all issues raised
in this review and the corresponding
recommendations in this public
memorandum, which is on file in the
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Agencies
[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Notices]
[Pages 40165-40167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19224]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-865]
Certain Hot-Rolled Carbon Steel Flat Products from the People's
Republic of China: Final Rescission of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 11, 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''), a domestic producer of certain hot-rolled carbon steel
flat products, requested that the Department conduct an administrative
review of Baosteel Group Corporation, Shanghai Baosteel International
Economic & Trading Co., Ltd., and Baoshan Iron and Steel Co., Ltd.
(collectively ``Baosteel'').\1\ On December 1, 2008, ArcelorMittal USA,
Inc. (``ArcelorMittal''), a domestic producer of certain hot-rolled
steel flat 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'').\2\
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). On March 18, 2009,
ArcelorMittal submitted a timely withdrawal of its request for review
of Baosteel and Angang.
---------------------------------------------------------------------------
\1\ Baosteel consists of the following five entities: Baosteel
Group Corporation, Shanghai Baosteel International Economic &
Trading Co., Ltd., Shanghai Baosteel Group Corporation, Baosteel
Group International Trade Corp., and Baoshan Iron and Steel Co.,
Ltd.
\2\ As noted above, Baosteel consists of the five entities
listed in footnote 1.
---------------------------------------------------------------------------
On June 26, 2009, we rescinded this review with respect to Angang
based on ArcelorMittal's withdrawal of their request for review, and
preliminarily rescinded this review with respect to Baosteel based on
evidence on the record indicating that Baosteel made no entries of
subject merchandise into the United States during the POR. See
Rescission and Preliminary Rescission of Antidumping Duty
Administrative Review: Certain Hot Rolled Carbon Steel Flat Products
from The People's Republic of China, 74 FR 30525 (June 26, 2009)
(``Preliminary Rescission''). We invited interested parties to submit
comments on our Preliminary Rescission. We did not receive any comments
on our Preliminary Rescission.
[[Page 40166]]
Scope of the Order
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 included in the scope of this review, regardless of
definitions in the Harmonized Tariff Schedule of the United States
(``HTSUS''), are products in which: i) iron predominates, by weight,
over each of the other contained elements; ii) the carbon content is 2
percent or less, by weight; and, iii) none of the elements listed below
exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the physical and chemical description
provided above are within the scope of this review unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of this review:
Alloy hot-rolled steel products in which at least one of
the chemical elements exceeds those listed above (including, e.g.,
American Society for Testing and Materials (``ASTM'') specifications
A543, A387, A514, A517, A506).
Society of Automotive Engineers (``SAE'')/American Iron &
Steel Institute (``AISI'') grades of series 2300 and higher.
Ball bearing steels, as defined in the HTSUS.
Tool steels, as defined in the HTSUS.
Silico-manganese (as defined in the HTSUS) or silicon
electrical steel with a silicon level exceeding 2.25 percent.
ASTM specifications A710 and A736.
USS abrasion-resistant steels (USS AR 400, USS AR 500).
All products (proprietary or otherwise) based on an alloy
ASTM specification (sample specifications: ASTM A506, A507).
Non-rectangular shapes, not in coils, which are the result
of having been processed by cutting or stamping and which have assumed
the character of articles or products classified outside chapter 72 of
the HTSUS.
The merchandise subject to this review is classified in the HTSUS
at subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90. Certain hot-rolled carbon steel flat
products covered by this review, including: vacuum degassed fully
stabilized; high strength low alloy; and the substrate for motor
lamination steel may also enter under the following tariff numbers:
7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and 7212.50.00.00. Although the HTSUS
subheadings are provided for convenience and 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.
Final Rescission of Review
Because there is no information on the record which indicates that
Baosteel made sales to the United States of subject merchandise during
the POR, and because we did not receive any comments on our Preliminary
Rescission, in accordance with 19 CFR 351.213(d)(3) and consistent with
our practice, we are rescinding this review of the antidumping duty
order on certain hot-rolled carbon steel flat products from the PRC for
the period of November 1, 2007, to October 31, 2008.\3\ The cash
deposit rate for Baosteel 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'') to assess antidumping duties on all appropriate entries.
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.
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
[[Page 40167]]
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(a)(1) and 777(i)(1)
of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).
Dated: August 4, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-19224 Filed 8-10-09; 8:45 am]
BILLING CODE 3510-DS-S