Certain Hot-Rolled Carbon Steel Flat Products from India: Notice of Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review in Part, 27297-27298 [2010-11602]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Notices]
[Pages 27297-27298]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11602]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


Certain Hot-Rolled Carbon Steel Flat Products from India: Notice 
of Final Results of Antidumping Duty Administrative Review and 
Rescission of Administrative Review in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 8, 2010, the Department of Commerce (``the 
Department'') published the preliminary results of the antidumping duty 
administrative review for certain hot-rolled carbon steel flat products 
from India (``Indian Hot-Rolled''). See Certain Hot-Rolled Carbon Steel 
Flat Products from India: Notice of Preliminary Results of Antidumping 
duty Administrative Review, and Intent to Rescind in Part, 75 FR 1031 
(January 8, 2010) (``Preliminary Results''). The review covers one 
respondent, Essar Steel Limited (``Essar''). The period of review 
(``POR'') is December 1, 2007, through November 30, 2008. We invited 
parties to comment on our Preliminary Results. We did not receive any 
comments and we have made no changes for the final results of review.

EFFECTIVE DATE: May 14, 2010.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or James Terpstra, AD/CVD 
Operations Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1168 and (202) 482-3965, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 8, 2010, the Department published the Preliminary 
Results. Since the Preliminary Results, we have not received any 
comments from interested parties.

Scope of the Order

    The merchandise subject to this order is certain hot-rolled carbon 
steel flat products of a rectangular shape, of a width of 0.5 inch or 
greater, neither clad, plated, nor coated with metal and whether or not 
painted, varnished, or coated with plastics or other non-metallic 
substances, in coils (whether or not in successively superimposed 
layers), regardless of thickness, and in straight lengths, of a 
thickness of less than 4.75 mm and of a width measuring at least 10 
times the thickness. Universal mill plate (i.e., flat-rolled products 
rolled on four faces or in a closed box pass, of a width exceeding 150 
mm, but not exceeding 1250 mm, and of a thickness of not less than 4 
mm, not in coils and without patterns in relief) of a thickness not 
less than 4.0 mm is not included within the scope of this order.
    Specifically included in the scope of this order are vacuum-
degassed, fully stabilized (commonly referred to as interstitial-free 
``IF'')) steels, high-strength low-alloy (``HSLA'') steels, and the 
substrate for motor lamination steels. IF steels are recognized as low-
carbon steels with micro-alloying levels of elements such as titanium 
or niobium (also commonly referred to as columbium), or both, added to 
stabilize carbon and nitrogen elements. HSLA steels are recognized as 
steels with micro-alloying levels of elements such as chromium, copper, 
niobium, vanadium, and molybdenum. The substrate for motor lamination 
steels contains micro-alloying levels of elements such as silicon and 
aluminum.
    Steel products included in the scope of this order, regardless of 
definitions in the Harmonized Tariff Schedule of the United States 
(``HTSUS''), are products in which: i) iron predominates, by weight, 
over each of the other contained elements; ii) the carbon content is 2 
percent or less, by weight; and iii) none of the elements listed below 
exceeds the quantity, by weight, respectively indicated:
    1.80 percent of manganese, or
    2.25 percent of silicon, or
    1.00 percent of copper, or
    0.50 percent of aluminum, or
    1.25 percent of chromium, or
    0.30 percent of cobalt, or
    0.40 percent of lead, or
    1.25 percent of nickel, or
    0.30 percent of tungsten, or
    0.10 percent of molybdenum, or
    0.10 percent of niobium, or
    0.15 percent of vanadium, or
    0.15 percent of zirconium.
    All products that meet the physical and chemical description 
provided above are within the scope of this order unless otherwise 
excluded. The following products, by way of example, are outside or 
specifically excluded from the scope of this order:
    * Alloy hot-rolled carbon steel products in which at least one of 
the chemical elements exceeds those listed above (including, e.g., 
American Society for Testing and Materials (``ASTM'') specifications 
A543, A387, A514, A517, A506).
    * Society of Automotive Engineers (``SAE'')/American Iron &Steel 
Institute (``AISI'') grades of series 2300 and higher.
    * Ball bearings steels, as defined in the HTSUS.
    * Tool steels, as defined in the HTSUS.
    * Silico-manganese (as defined in the HTSUS) or silicon electrical 
steel with a silicon level exceeding 2.25 percent.
    * ASTM specifications A710 and A736.
    * United States Steel (``USS'') Abrasion-resistant steels (USS AR 
400, USS AR 500).
    * All products (proprietary or otherwise) based on an alloy ASTM 
specification (sample specifications: ASTM A506, A507).
    * Non-rectangular shapes, not in coils, which are the result of 
having been processed by cutting or stamping and which have assumed the 
character of articles or products classified outside chapter 72 of the 
HTSUS.
    The merchandise subject to this order is currently classifiable in 
the HTSUS at subheadings: 7208.10.15.00, 7208.10.30.00, 7208.10.60.00, 
7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60, 
7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60, 
7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30, 
7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90, 
7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00, 
7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00, 
7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30, 
7211.19.75.60, and 7211.19.75.90. Certain hot-rolled carbon steel 
covered by this order, including: vacuum-degassed fully stabilized; 
high-strength low-alloy; and the substrate for motor lamination steel 
may also enter under

[[Page 27298]]

the following tariff numbers: 7225.11.00.00, 7225.19.00.00, 
7225.30.30.50, 7225.30.70.00, 7225.40.70.00, 7225.99.00.90, 
7226.11.10.00, 7226.11.90.30, 7226.11.90.60, 7226.19.10.00, 
7226.19.90.00, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and 
7226.99.00.00. Subject merchandise may also enter under 7210.70.30.00, 
7210.90.90.00, 7211.14.00.30, 7212.40.10.00, 7212.40.50.00, and 
7212.50.00.00. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the Department's written description 
of the merchandise subject to this order is dispositive.

Rescission of Review in Part

    In the Preliminary Results, we found that the claims by Ispat 
Industries Limited (``Ispat''), JSW Steel Limited (``JSW''), and Tata 
Steel Limited (``Tata'') that they made no shipments of subject 
merchandise during the POR were consistent with import data provided by 
U.S. Customs and Border Protection (``CBP''). Accordingly, we stated 
our intent to rescind the administrative review with respect to these 
companies. See Preliminary Results, 75 FR at 1033. We received no 
comment concerning our intent to rescind. We continue to find that 
Ispat, JSW and Tata had no shipments of hot-rolled products from India 
during the POR for the final results of this review. As such we are 
rescinding the review with respect to Ispat, JSW and Tata.

Adverse Facts Available

    For the final results, we continue to find that, by failing to 
provide information we requested, Essar, did not act to the best of its 
ability. Thus, we continue to find that the use of adverse facts 
available (``AFA'') is warranted for this company under sections 
776(a)(2) and (b) of the Tariff Act of 1930, as amended (``the Act''). 
See Preliminary Results, 75 FR at 1033-1036.
    As we explained in the Preliminary Results, the rate of 28.25 
percent selected as the AFA for Essar is the highest calculated margin 
from the investigation in this case as adjusted to account for 
countervailing duties imposed to offset export subsidies. Further, as 
discussed in the Preliminary Results, we continue to find that the use 
of the rate of 28.25 percent as an AFA rate is sufficiently high to 
ensure that Essar does not benefit from failing to cooperate in our 
review by refusing to respond to our questionnaire. We consider the 
28.25 percent rate corroborated ``to the extent practicable'' in 
accordance with section 776(c) of the Act. See Preliminary Results, 75 
FR at 1033-1036.

Final Results of the Review

    As a result of this review, we determine find that the following 
dumping margin exists for the period December 1, 2007, through November 
30, 2008.

------------------------------------------------------------------------
                                                       Rate Adjusted for
                Producer/Manufacturer                  Export Subsidies
------------------------------------------------------------------------
Essar...............................................             28.25 %
------------------------------------------------------------------------

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The 
Department calculated importer-specific duty assessment rates on the 
basis of the ratio of the total antidumping duties calculated for the 
examined sales to the total entered value of the examined sales for 
that importer. Where the assessment rate is above de minimis, we will 
instruct CBP to assess duties on all entries of subject merchandise by 
that importer. The Department intends to issue 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 (68 FR 23954). This clarification applies to POR entries of 
subject merchandise produced by companies examined in this review 
(i.e., companies for which a dumping margin was calculated) where the 
companies did not know that 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 India 
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 23.87 percent, the all-others rate established in the 
less-than-fair-value investigation. These deposit requirements shall 
remain in effect until further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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: May 5, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-11602 Filed 5-13-10; 8:45 am]
BILLING CODE 3510-DS-S