Certain Cut-to-Length Carbon-Quality Steel Plate Products From Italy: Final Results of Antidumping Duty Administrative Review, 47777-47779 [2010-19578]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Notices]
[Pages 47777-47779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19578]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-826]


Certain Cut-to-Length Carbon-Quality Steel Plate Products From 
Italy: Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

[[Page 47778]]

SUMMARY: On January 29, 2010, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on certain cut-to-length carbon-quality steel plate products 
from Italy. The review covers one manufacturer/exporter, Evraz Palini 
Bertoli S.p.A. (Palini). The period of review is February 1, 2008, 
through January 31, 2009.
    Based on our analysis of the comments received, we have made 
changes in the margin calculation for Palini. Therefore, the final 
results are different from the preliminary results. The final weighted-
average dumping margin for Palini is listed below in the section 
entitled ``Final Results of the Review.''

EFFECTIVE DATE: August 9, 2010.

FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov or Minoo Hatten, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S.Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
0665 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 29, 2010, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain cut-to-length carbon-quality steel 
plate products (CTL plate) from Italy. See Certain Cut-to-Length 
Carbon-Quality Steel Plate Products From Italy: Preliminary Results of 
Antidumping Duty Administrative Review, 75 FR 4779 (January 29, 2010) 
(Preliminary Results).
    We invited interested parties to comment on the Preliminary 
Results. On March 9, 2010, we received a case brief from Palini. On 
March 16, 2010, we received a rebuttal brief from a domestic producer, 
Nucor Corporation (Nucor). No other parties submitted either a case 
brief or a rebuttal brief.
    On May 28, 2010, we extended the due date for the final results of 
this administrative review to August 4, 2010. See Certain Cut-to-Length 
Carbon-Quality Steel Plate Products From Italy: Extension of the Final 
Results of Antidumping Duty Administrative Review, 75 FR 29976 (May 28, 
2010).
    We have conducted this review in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The products covered by the antidumping duty order are certain hot-
rolled carbon-quality steel: (1) Universal mill plates (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 nominal or 
actual thickness of not less than 4 mm, which are cut-to-length (not in 
coils) and without patterns in relief), of iron or non-alloy-quality 
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual 
thickness of 4.75 mm or more and of a width which exceeds 150 mm and 
measures at least twice the thickness, and which are cut-to-length (not 
in coils). Steel products included in the scope of the order are of 
rectangular, square, circular, or other shape and of rectangular or 
non-rectangular cross-section where such non-rectangular cross-section 
is achieved subsequent to the rolling process (i.e., products which 
have been ``worked after rolling'') - for example, products which have 
been beveled or rounded at the edges. Steel products that meet the 
noted physical characteristics that are painted, varnished, or coated 
with plastic or other non-metallic substances are included within the 
scope. Also, specifically included in the scope of the order are high 
strength, low alloy (HSLA) steels. HSLA steels are recognized as steels 
with micro-alloying levels of elements such as chromium, copper, 
niobium, titanium, vanadium, and molybdenum. Steel products included in 
the scope, regardless of Harmonized Tariff Schedule of the United 
States (HTSUS) definitions, are products in which: (1) Iron 
predominates, by weight, over each of the other contained elements, (2) 
the carbon content is two percent or less, by weight, and (3) none of 
the elements listed below is equal to or exceeds the quantity, by 
weight, respectively indicated: 1.80 percent of manganese, or 1.50 
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 
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent 
zirconium. All products that meet the written physical description, and 
in which the chemistry quantities do not equal or exceed any one of the 
levels listed above, are within the scope of the order unless otherwise 
specifically excluded. The following products are specifically excluded 
from the order: (1) Products clad, plated, or coated with metal, 
whether or not painted, varnished or coated with plastic or other non-
metallic substances; (2) SAE grades (formerly AISI grades) of series 
2300 and above; (3) products made to ASTM A710 and A736 or their 
proprietary equivalents; (4) abrasion-resistant steels (i.e., USS AR 
400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, 
A517 grade S, or their proprietary equivalents; (6) ball bearing 
steels; (7) tool steels; and (8) silicon manganese steel or silicon 
electric steel.
    Imports of steel plate are currently classified in the HTSUS under 
subheadings 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 
7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 
7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 
7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000, 
7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, 
and 7226.99.0000. The HTSUS subheadings are provided for convenience 
and customs purposes. The written description of the merchandise 
covered by the order is dispositive.

Analysis of the Comments Received

    All issues raised in Palini's case brief and Nucor's rebuttal brief 
are addressed in the Issues and Decision Memorandum (Decision Memo) 
from Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations Edward C. Yang to Deputy Assistant 
Secretary for Import Administration Ronald K. Lorentzen, dated 
concurrently with this notice, which is hereby adopted by this notice. 
A list of the issues which parties have raised and to which we have 
responded is in the Decision Memo and attached to this notice as an 
Appendix. The Decision Memo, which is a public document, is on file in 
the Central Records Unit of the main Department of Commerce building, 
Room 1117, and is accessible on the Web at https://ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memo 
are identical in content.

Final Results of the Review

    As a result of our review, we determine that a weighted-average 
dumping margin of 12.18 percent exists for Palini for the period 
February 1, 2008, through January 31, 2009.

Assessment Rates

    The Department will determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries. We have

[[Page 47779]]

calculated an importer/customer-specific assessment amount for subject 
merchandise. We divided the total dumping margins (calculated as the 
difference between normal value and the export price) for Palini's 
importer or customer by the total number of units the exporter sold to 
that importer or customer. We will direct CBP to assess the resulting 
per-unit dollar amount against each unit of merchandise on each of that 
importer's or customer's entries during the period of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the period of review produced by Palini for which 
Palini did not know its 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).
    We intend to issue appropriate assessment instructions directly to 
CBP 15 days after publication of these final results of review.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of CTL plate from Italy entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) the cash-deposit rate 
for Palini will be 12.18 percent; (2) for previously reviewed or 
investigated companies not listed above, the cash-deposit rate will 
continue to be the company-specific rate published 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 
manufacturer is, the cash-deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; (4) if 
neither the exporter nor the manufacturer has its own rate, the cash-
deposit rate will be 7.64 percent, the all-others rate revised in 
Implementation of the Findings of the WTO Panel in US--Zeroing (EC): 
Notice of Determinations Under Section 129 of the Uruguay Round 
Agreements Act and Revocations and Partial Revocations of Certain 
Antidumping Duty Orders, 72 FR 25261 (May 4, 2007). These deposit 
requirements shall remain in effect until further notice.

Notifications

    This notice 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 duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely 
written notification of the 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.
    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i) of the Act 
and 19 CFR 351.221(b)(5).

    Dated: July 30, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

List of Issues in the Issues and Decision Memorandum

1.Date of Sale
2. Conversion of U.S. Prices and U.S. Price Adjustments
[FR Doc. 2010-19578 Filed 8-6-10; 8:45 am]
BILLING CODE 3510-DS-S