Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China, 9749-9752 [2011-3889]
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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices
New Shipper Status
No party has contested the bona fide
nature of Cadman’s, Huansheng’s, or
Wanvog’s sale(s) during the POR.
Therefore, for these final results we
find, as in the Preliminary Results, that
the new shipper sales made by Cadman,
Huansheng, and Wanvog were made on
a bona fide basis.
Surrogate Country
Since the Preliminary Results, no
interested party has commented on the
selection of the Philippines as the
surrogate country. Therefore, we
continue to determine that the
Philippines is the appropriate surrogate
country for the final results of these new
shipper reviews.
Separate Rates
The Department found in the
Preliminary Results that because
Wanvog was wholly foreign-owned,
further analysis is not necessary to
determine whether Wanvog’s export
activities are independent from
government control.25 The Department
also found in the Preliminary Results
that Cadman and Huansheng both
demonstrated a lack of de jure and de
facto government control with respect to
their export activities, and preliminarily
determined that they were eligible for a
separate rate.26 No party has contested
the separate rate status of Cadman,
Huansheng, or Wanvog during the POR.
Therefore, for the final results, we
continue to determine that Wanvog,
Cadman, and Huansheng are eligible for
a separate rate.
(‘‘CBP’’) shall assess, antidumping duties
on all appropriate entries pursuant to 19
CFR 351.212(b). For importers/
customers of a respondent where the
respondent reported entered values, we
have calculated an ad valorem rate for
that importer/customer by dividing the
total amount of antidumping duties
calculated for the examined sales of
subject merchandise by the total entered
value of those transactions. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
these new shipper reviews. Where an
importer–specific ad valorem rate is de
minimis, the Department will order CBP
to liquidate appropriate entries without
regard to antidumping duties.
Cash Deposit Requirements
mstockstill on DSKH9S0YB1PROD with NOTICES
The following cash deposit
requirements will be effective upon
publication of the final results of these
new shipper reviews for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporter/producer combinations listed
in the table above, the cash deposit rate
will be the rate shown for that
combination; (2) for subject
merchandise exported by Huansheng
but not produced by Huansheng,
exported by Wanvog but not produced
by Wanvog, and exported by Cadman
but not produced by Haining Changbei
Furniture Co., Ltd. (‘‘Haining
Changbei’’), the cash deposit rate will
continue to be the PRC-wide rate of
Final Results of the New Shipper
216.01 percent; (3) for subject
Reviews
merchandise produced by Huansheng
The Department has determined that
but not exported by Huansheng or
the following final dumping margins
produced by Wanvog but not exported
exist for the period January 1, 2009,
by Wanvog, the cash deposit rate will be
through December 31, 2009:
the rate applicable to the exporter; and
(4) for subject merchandise produced by
Weighted-average
Exporter-Producer
Haining Changbei but not exported by
margin (percent)
Cadman, the cash deposit rate will be
Dongguan Huansheng
the rate applicable to the exporter.
Furniture Co., Ltd.,
These deposit requirements shall
Exporter/Producer .....
0.00 remain in effect until further notice.
Wanvog Furniture
(Kunshan) Co., Ltd.,
Exporter/Producer .....
Hangzhou Cadman
Trading Co., Ltd., Exporter, and Haining
Changbei Furniture
Co., Ltd., Producer ....
Notification of Interested Parties
0.00
0.00
Assessment
The Department will determine, and
U.S. Customs and Border Protection
25 See
26 See
Preliminary Results, 75 FR at 72797.
id.
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16:51 Feb 18, 2011
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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 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
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9749
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the 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 violation
which is subject to sanction.
We are issuing and publishing these
final results and notice in accordance
with sections 751(a)(2)(B), 751(a)(2)(C),
and 777(i) of the Act and 19 CFR
351.214(h) and 19 CFR 351.221(b)(5).
Dated: February 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
Issue 1: Financial Ratios
Issue 2: Surrogate Value for Wanvog’s
EPE Input
Issue 3: Surrogate Value for Brokerage
and Handling
[FR Doc. 2011–3908 Filed 2–18–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–849]
Affirmative Preliminary Determination
of Circumvention of the Antidumping
Duty Order on Certain Cut-to-Length
Carbon Steel Plate From the People’s
Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary
Determination of Circumvention of
Antidumping Duty Order.
AGENCY:
We preliminarily determine
that imports from the People’s Republic
of China (PRC) of certain cut-to-length
carbon steel plate products with 0.0008
percent or more boron, by weight,
regardless of the producer or exporter or
importer of the merchandise, and
otherwise meeting the description of inscope merchandise, are within the class
or kind of merchandise subject to the
order on certain cut-to-length carbon
steel plate from the PRC.
SUMMARY:
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DATES:
Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices
Effective Date: February 22,
2011.
FOR FURTHER INFORMATION CONTACT:
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Steve Bezirganian or Robert James,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–1131 or
(202) 482–0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 17, 2010, ArcelorMittal
USA, Inc., Nucor Corporation, SSAB
N.A.D., Evraz Claymont Steel and Evraz
Oregon Steel Mills (collectively
Domestic Producers) requested that the
Department of Commerce (the
Department) make a final circumvention
ruling with respect to certain cut-tolength carbon steel plate produced by
Wuyang Iron and Steel Co., Ltd.
(Wuyang), regardless of the exporter or
importer, or imported by Stemcor USA
Inc. (Stemcor), regardless of the
producer or exporter, which contain
0.0008 percent or more, by weight, of
boron. The Department initiated an
antidumping circumvention inquiry
pursuant to section 781(c) of the Tariff
Act of 1930, as amended (the Act). See
Certain Cut-to-Length Carbon Steel Plate
from the People’s Republic of China:
Initiation of Antidumping
Circumvention Inquiry, 75 FR 21241
(April 23, 2010) (Initiation Notice). That
initiation indicated the merchandise
subject to the inquiry was produced by
Wuyang Iron and Steel Co., Ltd.
(Wuyang), but also noted the
Department intended ‘‘to address
whether its circumvention ruling will
apply to particular producers, exporters
and/or importers (e.g., Stemcor) or to all
U.S. imports’’ of certain cut-to-length
carbon steel plate from the PRC. Id. at
21242.
On May 3, 2010, the Department
issued a questionnaire to Wuyang. On
June 1, 2010, Wuyang submitted its
response to that questionnaire. On July
2, 2010, Nucor Corporation submitted
comments on Wuyang’s questionnaire
response. On July 22, 2010, Domestic
Producers submitted additional
information they indicated is relevant to
the inquiry. On October 22, 2010, the
Department issued a supplemental
questionnaire to Wuyang, and on
November 23, 2010, Wuyang provided
its response to that supplemental
questionnaire. On December 8, 2010, the
Department issued another
supplemental questionnaire to Wuyang,
and on December 16, 2010, Wuyang
provided its response to that
supplemental questionnaire. SSAB
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16:51 Feb 18, 2011
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N.A.D., Evraz Claymont Steel and Evraz
Oregon Steel Mills submitted comments
and new information on January 3,
2011. On January 21, 2011, the
following each submitted new
information and/or comments: Wuyang,
Nucor, and ArcelorMittal USA, Inc.
Scope of the Order
The product covered by this order is
certain cut-to-length carbon steel plate
from the People’s Republic of China.
Included in this description is hotrolled iron and non-alloy steel 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
thickness of not less than 4 mm, not in
coils and without patterns in relief), of
rectangular shape, neither clad, plated
nor coated with metal, whether or not
painted, varnished, or coated with
plastics or other nonmetallic substances;
and certain iron and non-alloy steel flatrolled products not in coils, of
rectangular shape, hot-rolled, neither
clad, plated, nor coated with metal,
whether or not painted, varnished, or
coated with plastics or other
nonmetallic substances, 4.75 mm or
more in thickness and of a width which
exceeds 150 mm and measures at least
twice the thickness. Included as subject
merchandise in this order are flat-rolled
products of nonrectangular cross-section
where such cross-section is achieved
subsequent to the rolling process (i.e.,
products which have been ‘‘worked after
rolling’’)—for example, products which
have been bevelled or rounded at the
edges. This merchandise is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers 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. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
this order is dispositive. Specifically
excluded from subject merchandise
within the scope of this order is grade
X–70 steel plate.
Merchandise Subject to the Minor
Alterations Antidumping
Circumvention Proceeding
The merchandise subject to this
antidumping circumvention inquiry
(Inquiry Merchandise) consists of all
merchandise produced by Wuyang
containing 0.0008 percent or more
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boron, by weight, and otherwise
meeting the requirements of the scope of
the antidumping duty order as listed
under the ‘‘Scope of the Order’’ section
above, with the exception of
merchandise meeting all of the
following requirements: aluminum level
of 0.02 percent or greater, by weight; a
ratio of 3.4 to 1 or greater, by weight, of
titanium to nitrogen; and a
hardenability test (i.e., Jominy test)
result indicating a boron factor of 1.8 or
greater. This merchandise is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers 7225.40.3050,
7225.99.0090, 7226.91.5000, and
7226.99.0180. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of Inquiry
Merchandise is dispositive.
Legal Framework
Section 781(c) of the Act, dealing with
minor alterations of merchandise, states:
(1) In general. The class or kind of
merchandise subject to—(A) an
investigation under this title, (B) an
antidumping duty order issued under
section 736, (C) a finding issued under
the Antidumping Act, 1921, or (D) a
countervailing duty order issued under
section 706 or section 303, shall include
articles altered in form or appearance in
minor respects (including raw
agricultural products that have
undergone minor processing), whether
or not included in the same tariff
classification. (2) Exception. Paragraph
(1) shall not apply with respect to
altered merchandise if the administering
authority determines that it would be
unnecessary to consider the altered
merchandise within the scope of the
investigation, order, or finding.
Section 351.225(i) of the Department’s
regulations states that under section
781(c) of the Act, the Secretary may
include within the scope of an
antidumping or countervailing duty
order articles altered in form or
appearance in minor respects.
Criteria for Analysis
While the statute is silent regarding
what factors to consider in determining
whether alterations are properly
considered ‘‘minor,’’ the legislative
history of this provision indicates there
are certain factors that should be
considered before reaching a
circumvention determination. Previous
circumvention cases 1 have relied on the
1 See, e.g., Preliminary Determination of
Circumvention of Antidumping Order; Cut-toLength Carbon Steel Plate from Canada, 65 FR
64926, 64929 (October 31, 2000) (unchanged in
final results, 66 FR 7617, 7618 (January 24, 2001))
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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices
factors listed in the Senate Finance
Committee report on the Omnibus Trade
and Competitiveness Act of 1988 (which
amended the Tariff Act of 1930 to
include the anti-circumvention
provisions contained in section 781),
which states:
{i}n applying this provision, the
Commerce Department should apply
practical measurements regarding minor
alterations, so that circumvention can be
dealt with effectively, even where such
alterations to an article technically transform
it into a differently designated article. The
Commerce Department should consider such
criteria as the overall physical characteristics
of the merchandise, the expectations of the
ultimate users, the use of the merchandise,
the channels of marketing and the cost of any
modification relative to the total value of the
imported products.2
mstockstill on DSKH9S0YB1PROD with NOTICES
In the case of an allegation of a ‘‘minor
alteration’’ under section 781(c) of the
Act, it is the Department’s practice to
look at the five factors listed in the
Senate Finance Committee report
(Senate Report Criteria) to determine if
circumvention exists in a particular
case. See, e.g., Canadian Plate, 65 FR at
64929. In circumvention cases we
sometimes analyze additional criteria to
determine if circumvention of the order
is taking place. Id. at 64930. These may
be case-specific. For example, in
Canadian Plate additional factors
analyzed included the circumstances
under which the products entered the
United States, the timing of the entries
during the circumvention review
period, and the quantity of merchandise
entered during the circumvention
review period. Id. at 64930–31. In a
more recent circumvention case, the
additional factors analyzed included not
only the timing of the entries during the
period, but also other factors, such as
the input of customers in the design
phase. See Affirmative Preliminary
Determination of Circumvention of the
Antidumping Duty Order on Folding
Metal Tables and Chairs from the
People’s Republic of China, 73 FR 63684
(October 27, 2008), unchanged in
Affirmative Final Determination of
Circumvention of the Antidumping Duty
Order on Folding Metal Tables and
Chairs from the People’s Republic of
(Canadian Plate); Final Results of AntiCircumvention Review of Antidumping Order:
Corrosion-Resistant Carbon Steel Flat Products
From Japan, 68 FR 33676, 33679 (June 5, 2003); and
Affirmative Preliminary Determination of
Circumvention of the Antidumping Duty Order on
Certain Cut-to-Length Carbon Steel Plate from the
People’s Republic of China, 74 FR 33991 (July 14,
2009) (unchanged in final results, 74 FR 40565,
40566 (August 12, 2009)) (Tianjin Plate).
2 Omnibus Trade Act of 1987, Report of the
Senate Finance Committee, S. Rep. No. 71, 100th
Cong., 1st Sess., at 100 (1987) (emphasis added).
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China, 74 FR 20920 (May 6, 2009).
Analysis
We examined the evidence and
argument submitted by interested
parties in the course of this inquiry in
the context of the Senate Report Criteria
and an additional factor, the timing of
the entries during the period.
Based on our review of the record
evidence and our analysis of the
comments received, the Department
preliminarily determines that imports
from the PRC of Inquiry Merchandise
produced by Wuyang are within the
class or kind of merchandise subject to
the order on certain cut-to-length carbon
steel plate from the PRC. For a complete
discussion of the Department’s analysis,
see the Preliminary Analysis
Memorandum for the Circumvention
Inquiry of the Antidumping Duty Order
on Certain Cut-to-Length Carbon Steel
Plate from the People’s Republic of
China, for the Producer known as
Wuyang Iron and Steel Co., Ltd.
(Preliminary Analysis Memorandum),
dated concurrently with this notice.
As explained in the Preliminary
Analysis Memorandum, we
preliminarily determine that the Inquiry
Merchandise has the same physical
characteristics as products in the scope
of the order on certain cut-to-length
carbon steel plate from the PRC and the
ITC Final Report except for the presence
of boron in excess of 0.0008 percent, by
weight.3 We find no evidence of
significant differences in the physical
characteristics, the expectations of the
ultimate users, uses of the merchandise,
or channels of marketing between
products in the scope of the order and
the Inquiry Merchandise. We find that
the only difference in the production
process is the addition of the boron, and
the cost of such boron is insignificant.
See Preliminary Analysis Memorandum.
As a result of our inquiry, we
preliminarily determine that imports
from the PRC of Inquiry Merchandise
produced by Wuyang, regardless of the
exporter or the importer of the
merchandise, are within the class or
kind of merchandise subject to the order
on certain cut-to-length carbon steel
plate from the PRC. See section 781(c)
of the Act.
3 Furthermore, Wuyang does not claim that the
merchandise it shipped meets the additional
requirements that would exclude it from this
circumvention inquiry (i.e., aluminum level of 0.02
percent or greater, by weight; a ratio of 3.4 to 1 or
greater, by weight, of titanium to nitrogen; and a
hardenability test (i.e., Jominy test) result indicating
a boron factor of 1.8 or greater), and the
documentation on the record regarding the
merchandise Wuyang manufactured and sold to the
United States does not indicate those additional
criteria were met.
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9751
Application of Ruling to Inquiry
Merchandise Regardless of Producer
As noted above, the Department
preliminarily finds Inquiry Merchandise
produced by Wuyang circumventing the
order. The Department reached a similar
conclusion in its previous
circumvention inquiry involving cut-tolength carbon steel plate from the PRC,
where the Department found a producer
and an importer circumventing the
order. See Tianjin Plate.4 In that case,
three criteria were identified that,
collectively, and in conjunction with
the presence of 0.0008 percent or more
boron, by weight, distinguish the
resulting merchandise from
merchandise covered by the scope of the
order: aluminum level of 0.02 percent or
greater, by weight; a ratio of 3.4 to 1 or
greater, by weight, of titanium to
nitrogen; and a hardenability test (i.e.,
Jominy test) result indicating a boron
factor of 1.8 or greater. Those three
distinguishing criteria were identified in
the Initiation Notice, and no parties
have suggested other objective criteria
that would result in merchandise with
0.0008 percent or more, by weight, of
boron being distinguishable from
subject merchandise.
The Department indicated in the
Initiation Notice that it would consider
applying the results of the current
inquiry to Inquiry Merchandise
regardless of producer. See Initiation
Notice. No parties have commented on
this. The current inquiry and Tianjin
Plate demonstrate that circumvention
through use of boron has involved
multiple parties producing and
importing different specifications of
plate. Therefore, the Department
preliminarily determines that all
merchandise, regardless of producer,
containing 0.0008 percent or more
boron and otherwise meeting the
description of the scope, and not
meeting the three distinguishing criteria
listed above, are covered by the order.
The Department has applied rulings in
other circumvention inquiries on a
country-wide basis. See, e.g.,
Affirmative Final Determination of
Circumvention of the Antidumping Duty
Order on Folding Metal Tables and
Chairs from the People’s Republic of
China, 74 FR 20920 (May 6, 2009), and
Later-Developed Merchandise
Anticircumvention Inquiry of the
Antidumping Duty Order on Petroleum
Wax Candles from the People’s Republic
of China: Affirmative Final
Determination of Circumvention of the
Antidumping Duty Order, 71 FR 59075
4 Furthermore, such a conclusion was reached in
another proceeding involving plate products. See
Canadian Plate.
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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices
(October 6, 2006). While we
preliminarily determine that imports
from the PRC of Inquiry Merchandise
are subject to the order on certain cutto-length carbon steel plate from the
PRC, interested parties are not
precluded by this determination from
applying for a ruling as to whether a
particular product is within the scope of
the order. See 19 CFR 351.225(c).
Conclusion
As noted above, we preliminarily
determine that imports from the PRC of
Inquiry Merchandise are subject to the
order on certain cut-to-length carbon
steel plate from the PRC. Also as noted
above, we preliminarily determine that
imports of such products are subject to
the order regardless of the producer.
Suspension of Liquidation
In accordance with section
351.225(l)(2) of the Department’s
regulations, we are directing U.S.
Customs and Border Protection (CBP) to
suspend liquidation of Inquiry
Merchandise (regardless of producer)
entered, or withdrawn from warehouse,
for consumption on or after April 23,
2010, the date of the initiation of this
inquiry. We will also instruct CBP to
require a cash deposit of estimated
duties at the applicable rates for each
unliquidated entry of the product
entered, or withdrawn from warehouse,
for consumption on or after April 23,
2010, the date of the initiation of this
inquiry, in accordance with section
351.225(l)(2) of the Department’s
regulations.
mstockstill on DSKH9S0YB1PROD with NOTICES
Public Comment
Interested parties are invited to
comment on the preliminary results and
may submit case briefs and/or written
comments within 20 days of the
publication of this notice. See 19 CFR
351.225(f)(3). Interested parties may file
rebuttal briefs and rebuttals to written
comments, limited to issues raised in
such briefs or comments, no later than
10 days after the date on which the case
briefs are due. Id. Interested parties may
request a hearing within 20 days of the
publication of this notice. Interested
parties will be notified by the
Department of the location and time of
any hearing, if one is requested.
This preliminary determination of
circumvention is in accordance with
section 781(c) of the Act and 19 CFR
351.225.
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16:51 Feb 18, 2011
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Dated: February 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–3889 Filed 2–18–11; 8:45 am]
BILLING CODE 3510–DS–P
being manufactured in the United States
at the time of order of each instrument.
Dated: February 15, 2011.
Gregory W. Campbell,
Director, Subsidies Enforcement Office,
Import Administration.
[FR Doc. 2011–3915 Filed 2–18–11; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
Stanford University, et al.; Notice of
Consolidated Decision on Applications
for Duty-Free Entry of Electron
Microscopes
This is a decision consolidated
pursuant to Section 6(c) of the
Educational, Scientific, and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301).
Related records can be viewed between
8:30 a.m. and 5 p.m. in Room 3705, U.S.
Department of Commerce, 14th and
Constitution Avenue., NW.,
Washington, DC.
Docket Number: 10–070. Applicant:
Stanford University, Stanford CA 94305.
Instrument: Electron Microscope.
Manufacturer: FEI Company, the
Netherlands. Intended Use: See notice at
76 FR 2647, January 14, 2011.
Docket Number: 10–071. Applicant:
Stanford University, Stanford, CA
94305. Instrument: Electron Microscope.
Manufacturer: FEI Company, the
Netherlands. Intended Use: See notice at
76 FR 2647, January 14, 2011.
Docket Number: 10–074. Applicant:
Wake Forest University Health Sciences,
Winston-Salem, NC 27157. Instrument:
Electron Microscope.
Manufacturer: FEI Company, Czech
Republic. Intended Use: See notice at 76
FR 2647, January 14, 2011.
Docket Number: 10–075. Applicant:
The Virginia Tech Carilion Research
Institute, Roanoke, VA 24016.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech
Republic. Intended Use: See notice at 76
FR 2647, January 14, 2011.
Comments: None received. Decision:
Approved. No instrument of equivalent
scientific value to the foreign
instrument, for such purposes as these
instruments are intended to be used,
was being manufactured in the United
States at the time the instruments were
ordered. Reasons: Each foreign
instrument is an electron microscope
and is intended for research or scientific
educational uses requiring an electron
microscope. We know of no electron
microscope, or any other instrument
suited to these purposes, which was
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Certain Steel Nails From the People’s
Republic of China: Extension of Time
Limit for the Preliminary Results of the
New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 22,
2011.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Ricardo Martinez, 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)
482–4532.
Background
The antidumping duty order on
certain steel nails from the People’s
Republic of China (‘‘PRC’’) was
published in the Federal Register on
August 1, 2008. See Notice of
Antidumping Duty Order: Certain Steel
Nails From the People’s Republic of
China, 73 FR 44961 (August 1, 2008).
On August 27, 2010, we received a
timely request for a new shipper review
from Shanghai Colour Co., Ltd.
(‘‘Shanghai Colour’’) in accordance with
19 CFR 351.214(c) and 351.214(d)(2).
On October 4, 2010, the Department
published a notice of initiation of the
new shipper review of certain steel nails
from the PRC covering the period of
August 1, 2009, through July 31, 2010.
See Certain Steel Nails from the
People’s Republic of China: Initiation of
Antidumping Duty New Shipper Review,
75 FR 61132 (October 4, 2010). The
preliminary results are currently due no
later than March 27, 2011.
Statutory Time Limits
Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (the ‘‘Act’’),
provides that the Department will issue
the preliminary results of a new shipper
review of an antidumping duty order
within 180 days after the day on which
the review was initiated. See also 19
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9749-9752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3889]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-849]
Affirmative Preliminary Determination of Circumvention of the
Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate From
the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Determination of Circumvention of
Antidumping Duty Order.
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SUMMARY: We preliminarily determine that imports from the People's
Republic of China (PRC) of certain cut-to-length carbon steel plate
products with 0.0008 percent or more boron, by weight, regardless of
the producer or exporter or importer of the merchandise, and otherwise
meeting the description of in-scope merchandise, are within the class
or kind of merchandise subject to the order on certain cut-to-length
carbon steel plate from the PRC.
[[Page 9750]]
DATES: Effective Date: February 22, 2011.
FOR FURTHER INFORMATION CONTACT: Steve Bezirganian or Robert James,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-1131 or (202) 482-0649,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 17, 2010, ArcelorMittal USA, Inc., Nucor Corporation,
SSAB N.A.D., Evraz Claymont Steel and Evraz Oregon Steel Mills
(collectively Domestic Producers) requested that the Department of
Commerce (the Department) make a final circumvention ruling with
respect to certain cut-to-length carbon steel plate produced by Wuyang
Iron and Steel Co., Ltd. (Wuyang), regardless of the exporter or
importer, or imported by Stemcor USA Inc. (Stemcor), regardless of the
producer or exporter, which contain 0.0008 percent or more, by weight,
of boron. The Department initiated an antidumping circumvention inquiry
pursuant to section 781(c) of the Tariff Act of 1930, as amended (the
Act). See Certain Cut-to-Length Carbon Steel Plate from the People's
Republic of China: Initiation of Antidumping Circumvention Inquiry, 75
FR 21241 (April 23, 2010) (Initiation Notice). That initiation
indicated the merchandise subject to the inquiry was produced by Wuyang
Iron and Steel Co., Ltd. (Wuyang), but also noted the Department
intended ``to address whether its circumvention ruling will apply to
particular producers, exporters and/or importers (e.g., Stemcor) or to
all U.S. imports'' of certain cut-to-length carbon steel plate from the
PRC. Id. at 21242.
On May 3, 2010, the Department issued a questionnaire to Wuyang. On
June 1, 2010, Wuyang submitted its response to that questionnaire. On
July 2, 2010, Nucor Corporation submitted comments on Wuyang's
questionnaire response. On July 22, 2010, Domestic Producers submitted
additional information they indicated is relevant to the inquiry. On
October 22, 2010, the Department issued a supplemental questionnaire to
Wuyang, and on November 23, 2010, Wuyang provided its response to that
supplemental questionnaire. On December 8, 2010, the Department issued
another supplemental questionnaire to Wuyang, and on December 16, 2010,
Wuyang provided its response to that supplemental questionnaire. SSAB
N.A.D., Evraz Claymont Steel and Evraz Oregon Steel Mills submitted
comments and new information on January 3, 2011. On January 21, 2011,
the following each submitted new information and/or comments: Wuyang,
Nucor, and ArcelorMittal USA, Inc.
Scope of the Order
The product covered by this order is certain cut-to-length carbon
steel plate from the People's Republic of China. Included in this
description is hot-rolled iron and non-alloy steel 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 thickness of not less than 4 mm, not in coils and without patterns in
relief), of rectangular shape, neither clad, plated nor coated with
metal, whether or not painted, varnished, or coated with plastics or
other nonmetallic substances; and certain iron and non-alloy steel
flat-rolled products not in coils, of rectangular shape, hot-rolled,
neither clad, plated, nor coated with metal, whether or not painted,
varnished, or coated with plastics or other nonmetallic substances,
4.75 mm or more in thickness and of a width which exceeds 150 mm and
measures at least twice the thickness. Included as subject merchandise
in this order are flat-rolled products of nonrectangular cross-section
where such cross-section is achieved subsequent to the rolling process
(i.e., products which have been ``worked after rolling'')--for example,
products which have been bevelled or rounded at the edges. This
merchandise is currently classified in the Harmonized Tariff Schedule
of the United States (HTSUS) under item numbers 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. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of this order is dispositive. Specifically excluded from subject
merchandise within the scope of this order is grade X-70 steel plate.
Merchandise Subject to the Minor Alterations Antidumping Circumvention
Proceeding
The merchandise subject to this antidumping circumvention inquiry
(Inquiry Merchandise) consists of all merchandise produced by Wuyang
containing 0.0008 percent or more boron, by weight, and otherwise
meeting the requirements of the scope of the antidumping duty order as
listed under the ``Scope of the Order'' section above, with the
exception of merchandise meeting all of the following requirements:
aluminum level of 0.02 percent or greater, by weight; a ratio of 3.4 to
1 or greater, by weight, of titanium to nitrogen; and a hardenability
test (i.e., Jominy test) result indicating a boron factor of 1.8 or
greater. This merchandise is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under item numbers
7225.40.3050, 7225.99.0090, 7226.91.5000, and 7226.99.0180. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of Inquiry Merchandise is
dispositive.
Legal Framework
Section 781(c) of the Act, dealing with minor alterations of
merchandise, states: (1) In general. The class or kind of merchandise
subject to--(A) an investigation under this title, (B) an antidumping
duty order issued under section 736, (C) a finding issued under the
Antidumping Act, 1921, or (D) a countervailing duty order issued under
section 706 or section 303, shall include articles altered in form or
appearance in minor respects (including raw agricultural products that
have undergone minor processing), whether or not included in the same
tariff classification. (2) Exception. Paragraph (1) shall not apply
with respect to altered merchandise if the administering authority
determines that it would be unnecessary to consider the altered
merchandise within the scope of the investigation, order, or finding.
Section 351.225(i) of the Department's regulations states that
under section 781(c) of the Act, the Secretary may include within the
scope of an antidumping or countervailing duty order articles altered
in form or appearance in minor respects.
Criteria for Analysis
While the statute is silent regarding what factors to consider in
determining whether alterations are properly considered ``minor,'' the
legislative history of this provision indicates there are certain
factors that should be considered before reaching a circumvention
determination. Previous circumvention cases \1\ have relied on the
[[Page 9751]]
factors listed in the Senate Finance Committee report on the Omnibus
Trade and Competitiveness Act of 1988 (which amended the Tariff Act of
1930 to include the anti-circumvention provisions contained in section
781), which states:
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\1\ See, e.g., Preliminary Determination of Circumvention of
Antidumping Order; Cut-to-Length Carbon Steel Plate from Canada, 65
FR 64926, 64929 (October 31, 2000) (unchanged in final results, 66
FR 7617, 7618 (January 24, 2001)) (Canadian Plate); Final Results of
Anti-Circumvention Review of Antidumping Order: Corrosion-Resistant
Carbon Steel Flat Products From Japan, 68 FR 33676, 33679 (June 5,
2003); and Affirmative Preliminary Determination of Circumvention of
the Antidumping Duty Order on Certain Cut-to-Length Carbon Steel
Plate from the People's Republic of China, 74 FR 33991 (July 14,
2009) (unchanged in final results, 74 FR 40565, 40566 (August 12,
2009)) (Tianjin Plate).
{i{time} n applying this provision, the Commerce Department
should apply practical measurements regarding minor alterations, so
that circumvention can be dealt with effectively, even where such
alterations to an article technically transform it into a
differently designated article. The Commerce Department should
consider such criteria as the overall physical characteristics of
the merchandise, the expectations of the ultimate users, the use of
the merchandise, the channels of marketing and the cost of any
modification relative to the total value of the imported
products.\2\
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\2\ Omnibus Trade Act of 1987, Report of the Senate Finance
Committee, S. Rep. No. 71, 100th Cong., 1st Sess., at 100 (1987)
(emphasis added).
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In the case of an allegation of a ``minor alteration'' under
section 781(c) of the Act, it is the Department's practice to look at
the five factors listed in the Senate Finance Committee report (Senate
Report Criteria) to determine if circumvention exists in a particular
case. See, e.g., Canadian Plate, 65 FR at 64929. In circumvention cases
we sometimes analyze additional criteria to determine if circumvention
of the order is taking place. Id. at 64930. These may be case-specific.
For example, in Canadian Plate additional factors analyzed included the
circumstances under which the products entered the United States, the
timing of the entries during the circumvention review period, and the
quantity of merchandise entered during the circumvention review period.
Id. at 64930-31. In a more recent circumvention case, the additional
factors analyzed included not only the timing of the entries during the
period, but also other factors, such as the input of customers in the
design phase. See Affirmative Preliminary Determination of
Circumvention of the Antidumping Duty Order on Folding Metal Tables and
Chairs from the People's Republic of China, 73 FR 63684 (October 27,
2008), unchanged in Affirmative Final Determination of Circumvention of
the Antidumping Duty Order on Folding Metal Tables and Chairs from the
People's Republic of China, 74 FR 20920 (May 6, 2009). Analysis
We examined the evidence and argument submitted by interested
parties in the course of this inquiry in the context of the Senate
Report Criteria and an additional factor, the timing of the entries
during the period.
Based on our review of the record evidence and our analysis of the
comments received, the Department preliminarily determines that imports
from the PRC of Inquiry Merchandise produced by Wuyang are within the
class or kind of merchandise subject to the order on certain cut-to-
length carbon steel plate from the PRC. For a complete discussion of
the Department's analysis, see the Preliminary Analysis Memorandum for
the Circumvention Inquiry of the Antidumping Duty Order on Certain Cut-
to-Length Carbon Steel Plate from the People's Republic of China, for
the Producer known as Wuyang Iron and Steel Co., Ltd. (Preliminary
Analysis Memorandum), dated concurrently with this notice.
As explained in the Preliminary Analysis Memorandum, we
preliminarily determine that the Inquiry Merchandise has the same
physical characteristics as products in the scope of the order on
certain cut-to-length carbon steel plate from the PRC and the ITC Final
Report except for the presence of boron in excess of 0.0008 percent, by
weight.\3\ We find no evidence of significant differences in the
physical characteristics, the expectations of the ultimate users, uses
of the merchandise, or channels of marketing between products in the
scope of the order and the Inquiry Merchandise. We find that the only
difference in the production process is the addition of the boron, and
the cost of such boron is insignificant. See Preliminary Analysis
Memorandum.
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\3\ Furthermore, Wuyang does not claim that the merchandise it
shipped meets the additional requirements that would exclude it from
this circumvention inquiry (i.e., aluminum level of 0.02 percent or
greater, by weight; a ratio of 3.4 to 1 or greater, by weight, of
titanium to nitrogen; and a hardenability test (i.e., Jominy test)
result indicating a boron factor of 1.8 or greater), and the
documentation on the record regarding the merchandise Wuyang
manufactured and sold to the United States does not indicate those
additional criteria were met.
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As a result of our inquiry, we preliminarily determine that imports
from the PRC of Inquiry Merchandise produced by Wuyang, regardless of
the exporter or the importer of the merchandise, are within the class
or kind of merchandise subject to the order on certain cut-to-length
carbon steel plate from the PRC. See section 781(c) of the Act.
Application of Ruling to Inquiry Merchandise Regardless of Producer
As noted above, the Department preliminarily finds Inquiry
Merchandise produced by Wuyang circumventing the order. The Department
reached a similar conclusion in its previous circumvention inquiry
involving cut-to-length carbon steel plate from the PRC, where the
Department found a producer and an importer circumventing the order.
See Tianjin Plate.\4\ In that case, three criteria were identified
that, collectively, and in conjunction with the presence of 0.0008
percent or more boron, by weight, distinguish the resulting merchandise
from merchandise covered by the scope of the order: aluminum level of
0.02 percent or greater, by weight; a ratio of 3.4 to 1 or greater, by
weight, of titanium to nitrogen; and a hardenability test (i.e., Jominy
test) result indicating a boron factor of 1.8 or greater. Those three
distinguishing criteria were identified in the Initiation Notice, and
no parties have suggested other objective criteria that would result in
merchandise with 0.0008 percent or more, by weight, of boron being
distinguishable from subject merchandise.
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\4\ Furthermore, such a conclusion was reached in another
proceeding involving plate products. See Canadian Plate.
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The Department indicated in the Initiation Notice that it would
consider applying the results of the current inquiry to Inquiry
Merchandise regardless of producer. See Initiation Notice. No parties
have commented on this. The current inquiry and Tianjin Plate
demonstrate that circumvention through use of boron has involved
multiple parties producing and importing different specifications of
plate. Therefore, the Department preliminarily determines that all
merchandise, regardless of producer, containing 0.0008 percent or more
boron and otherwise meeting the description of the scope, and not
meeting the three distinguishing criteria listed above, are covered by
the order. The Department has applied rulings in other circumvention
inquiries on a country-wide basis. See, e.g., Affirmative Final
Determination of Circumvention of the Antidumping Duty Order on Folding
Metal Tables and Chairs from the People's Republic of China, 74 FR
20920 (May 6, 2009), and Later-Developed Merchandise Anticircumvention
Inquiry of the Antidumping Duty Order on Petroleum Wax Candles from the
People's Republic of China: Affirmative Final Determination of
Circumvention of the Antidumping Duty Order, 71 FR 59075
[[Page 9752]]
(October 6, 2006). While we preliminarily determine that imports from
the PRC of Inquiry Merchandise are subject to the order on certain cut-
to-length carbon steel plate from the PRC, interested parties are not
precluded by this determination from applying for a ruling as to
whether a particular product is within the scope of the order. See 19
CFR 351.225(c).
Conclusion
As noted above, we preliminarily determine that imports from the
PRC of Inquiry Merchandise are subject to the order on certain cut-to-
length carbon steel plate from the PRC. Also as noted above, we
preliminarily determine that imports of such products are subject to
the order regardless of the producer.
Suspension of Liquidation
In accordance with section 351.225(l)(2) of the Department's
regulations, we are directing U.S. Customs and Border Protection (CBP)
to suspend liquidation of Inquiry Merchandise (regardless of producer)
entered, or withdrawn from warehouse, for consumption on or after April
23, 2010, the date of the initiation of this inquiry. We will also
instruct CBP to require a cash deposit of estimated duties at the
applicable rates for each unliquidated entry of the product entered, or
withdrawn from warehouse, for consumption on or after April 23, 2010,
the date of the initiation of this inquiry, in accordance with section
351.225(l)(2) of the Department's regulations.
Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments within 20
days of the publication of this notice. See 19 CFR 351.225(f)(3).
Interested parties may file rebuttal briefs and rebuttals to written
comments, limited to issues raised in such briefs or comments, no later
than 10 days after the date on which the case briefs are due. Id.
Interested parties may request a hearing within 20 days of the
publication of this notice. Interested parties will be notified by the
Department of the location and time of any hearing, if one is
requested.
This preliminary determination of circumvention is in accordance
with section 781(c) of the Act and 19 CFR 351.225.
Dated: February 14, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-3889 Filed 2-18-11; 8:45 am]
BILLING CODE 3510-DS-P
