Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Final Results of Antidumping Duty Administrative Review, 65518-65520 [E9-29471]
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65518
Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
tied it to the U.S. sales listing.
Therefore, for purposes of calculating
the importer-specific assessment rates,
we have treated Huvis as the importer
of record for certain POR shipments.
Pursuant to 19 CFR 351.212(b)(1), for all
sales where Huvis is the importer of
record, Huvis submitted the reported
entered value of the U.S. sales and we
have calculated importer-specific
assessment rates based on the ratio of
the total amount of antidumping duties
calculated for the examined sales to the
total entered value of those sales.
Regarding sales where Huvis was not
the importer of record, we note that
Huvis did not report the entered value
for the U.S. sales in question.
Accordingly, we have calculated
importer-;specific per-;unit duty
assessment rates for the merchandise in
question by aggregating the dumping
margins calculated for all U.S. sales to
each importer and dividing this amount
by the total quantity of those sales. To
determine whether the duty assessment
rates were de minimis, in accordance
with the requirement set forth in 19 CFR
351.106(c)(2), we calculated importerspecific ad valorem ratios based on the
estimated entered value.
Pursuant to 19 CFR 351.106(c)(2), we
will instruct U.S. Customs and Border
Protection (‘‘CBP’’) to liquidate without
regard to antidumping duties any
entries for which the assessment rate is
de minimis (i.e., less than 0.50 percent).
The Department intends to issue
assessment instructions directly to CBP
15 days after publication of the final
results of review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). This
clarification will apply to entries of
subject merchandise during the POR
produced by companies included in
these final results for which the
reviewed companies did not know their
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction. Id.
Cash Deposit Rates
The following antidumping duty
deposits will be required on all
shipments of certain PSF from the
Republic of Korea entered, or
withdrawn from warehouse, for
consumption, effective on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(1) of the Act: (1) the
VerDate Nov<24>2008
17:19 Dec 09, 2009
Jkt 220001
cash deposit rates for the reviewed
companies will be the rate listed above
(except no cash deposit will be required
if a company’s weighted-average margin
is de minimis, i.e., less than 0.5
percent), (2) for merchandise exported
by manufacturers or exporters not
covered in this review but covered in
the original less-than-fair-value
investigation or a previous review, the
cash deposit rate will continue to be the
most recent rate published in the final
determination or final results for which
the manufacturer or exporter received
an individual rate; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent period for the manufacturer
of the merchandise; and (4) if neither
the exporter nor the manufacturer is a
firm covered in this review, a prior
review, or the investigation, the cash
deposit rate will be 7.91 percent, the allothers rate established in Certain
Polyester Staple Fiber from the Republic
of Korea: Notice of Amended Final
Determination and Amended Order
Pursuant to Final Court Decision, 68 FR
74552 (December 24, 2003). These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
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Fmt 4703
Sfmt 4703
We are issuing and publishing these
results and this notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: December 2, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
List of Comments in the Decision
Memorandum
Comment 1: Valuation of Upstream
Inputs Consumed in Qualified
Terephthalic Acid
Comment 2: Offsetting Negative Margins
[FR Doc. E9–29467 Filed 12–9–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–817]
Certain Hot-Rolled Carbon Steel Flat
Products from Thailand: Final Results
of Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 5, 2009, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
hot-rolled carbon steel flat products
(hot-rolled steel) from Thailand. The
period of review is November 1, 2007,
through October 31, 2008. We received
comments from interested parties, but
have made no changes to the margin for
the final results. The final margin for the
respondent is listed below in the section
entitled ‘‘Final Results of Review.’’
EFFECTIVE DATE: December 10, 2009.
FOR FURTHER INFORMATION CONTACT:
David Cordell or Robert James AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0408 or (202) 482–
0469, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2009, the Department of
Commerce (the Department) published
the preliminary results of the
administrative review of the
antidumping duty order on certain hot;rolled steel from Thailand. See Certain
Hot-Rolled Carbon Steel Flat Products
E:\FR\FM\10DEN1.SGM
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Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices
from Thailand, 74 FR 39047 (August 5,
2009) (Preliminary Results).
On September 4, 2009, we received a
case brief from the sole respondent, G
Steel Public Company Limited (G Steel)
and G J Steel Public Company Limited
(G J Steel). On September 11, 2009, we
received rebuttal briefs from petitioner
United States Steel Corporation (U.S.
Steel) and domestic interested party
Nucor Corporation (Nucor). No public
hearing was held. On September 14,
2009, the Department returned G Steel
and G J Steel’s case brief to the
company’s legal counsel as the brief
contained new factual information. On
September 15, 2009, G Steel and G J
Steel refiled the case brief, omitting the
new factual information.
mstockstill on DSKH9S0YB1PROD with NOTICES
Period of Review
The period of review is November 1,
2007, through October 31, 2008.
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 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
VerDate Nov<24>2008
17:19 Dec 09, 2009
Jkt 220001
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,
PO 00000
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Fmt 4703
Sfmt 4703
65519
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.
Analysis of Comments Received
All issues raised in the briefs are
addressed in the ‘‘Issues and Decision
Memorandum for the Final Results of
Antidumping Duty Administrative
Review and Partial Rescission of
Antidumping Duty Administrative
Review: Certain Hot-Rolled Carbon Steel
Flat Products from Thailand,’’ dated
December 3, 2009, (Issues and Decision
Memorandum), which is hereby
adopted by this notice. A list of the
issues raised, all of which are in the
Issues and Decision Memorandum, is
attached to this notice. Parties can find
a complete discussion of all issues
raised in the briefs and the
corresponding recommendations in this
public memorandum which is on file in
the Central Records Unit (CRU), room
1117 of the Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Web at https://www.trade.gov/
ia/. The paper copy and electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on the comments received from
the interested parties, we have made no
changes to the Preliminary Results for G
Steel and G J Steel. See Issues and
Decision Memorandum for discussion of
the issues raised by parties.
E:\FR\FM\10DEN1.SGM
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Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices
Final Results of Review
In the Preliminary Results, we
determined that G J Steel is the
successor-in-interest to the former
Nakornthai Strip Mill Public Company
Limited (Nakornthai) for purposes of
this proceeding and application of the
antidumping law. We did not receive
comments on this issue and have no
reason to change our findings from the
Preliminary Results. For a complete
discussion of our successorship
analysis, see Preliminary Results, 74 FR
at 39051.
The Department also determined that
G Steel and G J Steel should be
collapsed and treated as a single entity
for purposes of this proceeding and
application of the antidumping law. Id.
at 39050. We received comments on this
issue which are addressed in the Issues
and Decision Memorandum. We have
concluded for these Final Results that G
Steel and G J Steel should continue to
be collapsed and treated as a single
entity for purposes of this proceeding
and application of the antidumping law.
Finally, the Department preliminarily
determined to apply an adverse facts
available (AFA) rate of 20.30 percent to
the collapsed G Steel and G J Steel
entity. Id. at 39050. We also received
comments on this issue, which are
addressed in the Issues and Decision
Memorandum. The Department has
concluded that the margin for G Steel
and G J Steel should be based upon
AFA.
Accordingly, we determine that G J
Steel is the successor-in-interest to
Nakornthai, and that the AFA rate of
20.30 percent should be applied to the
G Steel/G J Steel entity.
We determine therefore that the
following weighted-average margin
exists:
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of certain hotrolled carbon steel flat products from
Thailand entered, or withdrawn from
warehouse, for consumption on or after
the publication date of these final
results, as provided by section 751(a) of
the Act: (1) for companies covered by
this review, the cash deposit rate will be
the rate listed above; (2) for previously
reviewed or investigated companies
other than those covered by this review,
the cash deposit rate will be the
company-specific rate established for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recent
period for the manufacturer of the
subject merchandise; and (4) if neither
the exporter nor the producer is a firm
covered in this review, a prior review,
or the investigation, the cash deposit
rate will be 3.86 percent,1 the all-others
rate established in the less-than-fairvalue investigation. These deposit
requirements shall remain in effect until
further notice.
Weighted Average
Margin (percent)
Reimbursement of Duties
This notice also serves as a final
G Steel and G J Steel ..
20.30 percent reminder to importers of their
responsibility under 19 CFR
The Department will determine, and
351.402(f)(2) to file a certificate
U.S. Customs and Border Protection
regarding the reimbursement of
(CBP) shall assess, antidumping duties
antidumping and/or countervailing
on all appropriate entries, pursuant to
duties prior to liquidation of the
19 CFR 351.212(b). Accordingly, we will relevant entries during this review
instruct CBP to assess duties upon all
period. Failure to comply with this
entries of merchandise produced or
requirement could result in the
exported by G Steel or G J Steel at a rate presumption that reimbursement of
of 20.30 percent ad valorem. The
antidumping and/or countervailing
Department intends to issue appropriate duties occurred and the subsequent
assessment instructions directly to CBP
1 In the Preliminary Results, the Department
15 days after publication of these final
inadvertently indicated the cash deposit all others
results of review.
rate as 4.44 percent. The rate should be 3.86 percent
The Department clarified its
as specified in the Antidumping Duty Order. See
‘‘automatic assessment’’ regulation on
Antidumping Duty Order: Certain Hot-Rolled
May 6, 2003. This clarification applies
Carbon Steel Flat Products From Thailand, 66 FR
to POR entries of subject merchandise
59562 (November 29, 2001).
Manufacturer/Exporter
mstockstill on DSKH9S0YB1PROD with NOTICES
produced by companies examined in
this review where the companies did
not know their merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
VerDate Nov<24>2008
17:19 Dec 09, 2009
Jkt 220001
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Frm 00013
Fmt 4703
Sfmt 4703
increase in antidumping duties by the
amount of antidumping and/or
countervailing duties reimbursed.
Administrative Protective Order
This notice also is the only reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. 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 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: December 3, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix: Issues Raised in Decision
Memorandum
Comment 1: Collapsing of G Steel and
G J Steel
Comment 2: Application of Adverse
Facts Available to G Steel and G J Steel
Comment 3: Selection of Adverse Facts
Available Rate for G Steel and G J Steel
[FR Doc. E9–29471 Filed 12–9–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–851]
Certain Preserved Mushrooms From
the People’s Republic of China: Final
Results of Antidumping Duty New
Shipper Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 2, 2009, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results of the
new shipper review of the antidumping
duty order on certain preserved
mushrooms from the People’s Republic
of China (PRC) for Linyi City Kangfa
Foodstuff Drinkable Co., Ltd. (Kangfa).
See Certain Preserved Mushrooms From
the People’s Republic of China:
Preliminary Results of Antidumping
Duty New Shipper Review, 73 FR 50946
(October 2, 2009) (Preliminary Results).
We gave interested parties an
opportunity to comment on the
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Notices]
[Pages 65518-65520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29471]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-817]
Certain Hot-Rolled Carbon Steel Flat Products from Thailand:
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 5, 2009, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on certain hot-rolled carbon steel flat products
(hot-rolled steel) from Thailand. The period of review is November 1,
2007, through October 31, 2008. We received comments from interested
parties, but have made no changes to the margin for the final results.
The final margin for the respondent is listed below in the section
entitled ``Final Results of Review.''
EFFECTIVE DATE: December 10, 2009.
FOR FURTHER INFORMATION CONTACT: David Cordell or Robert James AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0408 or (202) 482-0469, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2009, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on certain hot-;rolled steel from Thailand. See
Certain Hot-Rolled Carbon Steel Flat Products
[[Page 65519]]
from Thailand, 74 FR 39047 (August 5, 2009) (Preliminary Results).
On September 4, 2009, we received a case brief from the sole
respondent, G Steel Public Company Limited (G Steel) and G J Steel
Public Company Limited (G J Steel). On September 11, 2009, we received
rebuttal briefs from petitioner United States Steel Corporation (U.S.
Steel) and domestic interested party Nucor Corporation (Nucor). No
public hearing was held. On September 14, 2009, the Department returned
G Steel and G J Steel's case brief to the company's legal counsel as
the brief contained new factual information. On September 15, 2009, G
Steel and G J Steel refiled the case brief, omitting the new factual
information.
Period of Review
The period of review is November 1, 2007, through October 31, 2008.
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 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, 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.
Analysis of Comments Received
All issues raised in the briefs are addressed in the ``Issues and
Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review and Partial Rescission of Antidumping Duty
Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products
from Thailand,'' dated December 3, 2009, (Issues and Decision
Memorandum), which is hereby adopted by this notice. A list of the
issues raised, all of which are in the Issues and Decision Memorandum,
is attached to this notice. Parties can find a complete discussion of
all issues raised in the briefs and the corresponding recommendations
in this public memorandum which is on file in the Central Records Unit
(CRU), room 1117 of the Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the Web at https://www.trade.gov/ia/ ia/. The paper copy and
electronic version of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made no changes to the Preliminary Results for G Steel and G J Steel.
See Issues and Decision Memorandum for discussion of the issues raised
by parties.
[[Page 65520]]
Final Results of Review
In the Preliminary Results, we determined that G J Steel is the
successor-in-interest to the former Nakornthai Strip Mill Public
Company Limited (Nakornthai) for purposes of this proceeding and
application of the antidumping law. We did not receive comments on this
issue and have no reason to change our findings from the Preliminary
Results. For a complete discussion of our successorship analysis, see
Preliminary Results, 74 FR at 39051.
The Department also determined that G Steel and G J Steel should be
collapsed and treated as a single entity for purposes of this
proceeding and application of the antidumping law. Id. at 39050. We
received comments on this issue which are addressed in the Issues and
Decision Memorandum. We have concluded for these Final Results that G
Steel and G J Steel should continue to be collapsed and treated as a
single entity for purposes of this proceeding and application of the
antidumping law.
Finally, the Department preliminarily determined to apply an
adverse facts available (AFA) rate of 20.30 percent to the collapsed G
Steel and G J Steel entity. Id. at 39050. We also received comments on
this issue, which are addressed in the Issues and Decision Memorandum.
The Department has concluded that the margin for G Steel and G J Steel
should be based upon AFA.
Accordingly, we determine that G J Steel is the successor-in-
interest to Nakornthai, and that the AFA rate of 20.30 percent should
be applied to the G Steel/G J Steel entity.
We determine therefore that the following weighted-average margin
exists:
------------------------------------------------------------------------
Weighted Average
Manufacturer/Exporter Margin (percent)
------------------------------------------------------------------------
G Steel and G J Steel............................... 20.30 percent
------------------------------------------------------------------------
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to 19 CFR 351.212(b). Accordingly, we will instruct
CBP to assess duties upon all entries of merchandise produced or
exported by G Steel or G J Steel at a rate of 20.30 percent ad valorem.
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of these final results of
review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification applies to POR entries of subject
merchandise produced by companies examined in this review where the
companies did not know their merchandise was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of certain hot-rolled carbon steel flat products from
Thailand entered, or withdrawn from warehouse, for consumption on or
after the publication date of these final results, as provided by
section 751(a) of the Act: (1) for companies covered by this review,
the cash deposit rate will be the rate listed above; (2) for previously
reviewed or investigated companies other than those covered by this
review, the cash deposit rate will be the company-specific rate
established for the most recent period; (3) if the exporter is not a
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the producer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the subject merchandise; and (4) if neither the exporter nor the
producer is a firm covered in this review, a prior review, or the
investigation, the cash deposit rate will be 3.86 percent,\1\ the all-
others rate established in the less-than-fair-value investigation.
These deposit requirements shall remain in effect until further notice.
---------------------------------------------------------------------------
\1\ In the Preliminary Results, the Department inadvertently
indicated the cash deposit all others rate as 4.44 percent. The rate
should be 3.86 percent as specified in the Antidumping Duty Order.
See Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat
Products From Thailand, 66 FR 59562 (November 29, 2001).
---------------------------------------------------------------------------
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent increase in antidumping duties by the amount of
antidumping and/or countervailing duties reimbursed.
Administrative Protective Order
This notice also is the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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 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: December 3, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix: Issues Raised in Decision Memorandum
Comment 1: Collapsing of G Steel and G J Steel
Comment 2: Application of Adverse Facts Available to G Steel and G J
Steel
Comment 3: Selection of Adverse Facts Available Rate for G Steel and G
J Steel
[FR Doc. E9-29471 Filed 12-9-09; 8:45 am]
BILLING CODE 3510-DS-S
