Certain Cut-to-Length Carbon-Quality Steel Plate From India, Indonesia, Italy, Japan, and the Republic of Korea; Final Results of the Expedited Second Sunset Reviews of the Antidumping Duty Orders, 12322-12323 [2011-5125]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES 12322 Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by a Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by a Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to a Denied Person by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order. Fourth, that this Order does not prohibit any export, reexport, or other transaction subject to the EAR where the only items involved that are subject to the EAR are the foreign-produced direct product of U.S.-origin technology. In accordance with the provisions of Sections 766.24(e) and 766.23(c)(2) of the EAR, Mahan Airways, Gatewick LLC, Mahmoud Amini and/or Kosarian Fard may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202–4022.11 In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. A renewal request may be opposed by Mahan Airways as provided in Section 766.24(d), by filing a written submission with the Assistant Secretary of Commerce for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be provided to Mahan Airways and each related person and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for 180 days. 11 A party named or added to temporary denial order as a related person may appeal its inclusion as a related person, but not the underlying basis for the issuance of the TDO. See Section 766.23(c). VerDate Mar<15>2010 17:54 Mar 04, 2011 Jkt 223001 Dated: February 25, 2011. David W. Mills, Assistant Secretary of Commerce for Export Enforcement. N.A.D (collectively ‘‘the domestic interested parties’’). These parties claimed interested party status under section 771(9)(C) of the Act and 19 CFR 351.102(b), as domestic manufacturers [FR Doc. 2011–5114 Filed 3–4–11; 8:45 am] and producers of the domestic like BILLING CODE 3510–DT–P product. The Department received complete (collective) substantive responses to the DEPARTMENT OF COMMERCE notice of initiation from the domestic International Trade Administration interested parties within the 30-day [A–533–817, A–560–805, A–475–826, A–588– deadline specified in 19 CFR 351.218(d)(3)(i). We received no 847, A–580–836] substantive responses from respondent interested parties with respect to any of Certain Cut-to-Length Carbon-Quality Steel Plate From India, Indonesia, Italy, the orders covered by these sunset reviews. As a result, pursuant to 19 CFR Japan, and the Republic of Korea; 351.218(e)(1)(ii)(C)(2), the Department Final Results of the Expedited Second conducted expedited (120-day) sunset Sunset Reviews of the Antidumping reviews of the antidumping duty orders Duty Orders on CTL Plate from India, Indonesia, AGENCY: Import Administration, Italy, Japan, and the Republic of Korea. International Trade Administration, Scope of the Orders Department of Commerce. SUMMARY: On December 1, 2010, the The products covered under the CTL Department of Commerce (the Plate antidumping duty orders are Department) initiated the second sunset certain hot-rolled carbon-quality steel: reviews of the antidumping duty orders (1) Universal mill plates (i.e., flat-rolled on certain cut-to-length carbon-quality products rolled on four faces or in a steel plate (CTL Plate) from India, closed box pass, of a width exceeding Indonesia, Italy, Japan, and the Republic 150 mm but not exceeding 1250 mm, of Korea, pursuant to section 751(c) of and of a nominal or actual thickness of the Tariff Act of 1930, as amended (the not less than 4 mm, which are cut-toAct). The Department has conducted length (not in coils) and without expedited (120-day) sunset reviews for patterns in relief), of iron or non-alloythese orders pursuant to 19 CFR quality steel; and (2) flat-rolled 351.218(e)(1)(ii)(C)(2). As a result of products, hot-rolled, of a nominal or these sunset reviews, the Department actual thickness of 4.75 mm or more and finds that revocation of the antidumping of a width which exceeds 150 mm and duty orders would be likely to lead to measures at least twice the thickness, continuation or recurrence of dumping. and which are cut-to-length (not in coils). Steel products to be included in FOR FURTHER INFORMATION CONTACT: the scope of the orders are of David Goldberger or Gemal Brangman, rectangular, square, circular or other AD/CVD Operations, Office 2, Import shape and of rectangular or nonAdministration, International Trade rectangular cross-section where such Administration, U.S. Department of Commerce, 14th Street and Constitution non-rectangular cross-section is achieved subsequent to the rolling Avenue, NW., Washington, DC 20230; process (i.e., products which have been telephone: (202) 482–4136 and (202) ‘‘worked after rolling’’)—for example, 482–3773, respectively. products which have been beveled or SUPPLEMENTARY INFORMATION: rounded at the edges. Steel products Background that meet the noted physical On December 1, 2010, the Department characteristics that are painted, varnished or coated with plastic or other published the notice of initiation of the non-metallic substances are included second sunset reviews of the within the scope. Also, specifically antidumping duty orders on CTL Plate included in the scope of the orders are from India, Indonesia, Italy, Japan, and high strength, low alloy (HSLA) steels. the Republic of Korea, pursuant to HSLA steels are recognized as steels section 751(c) of the Act. See Initiation with micro-alloying levels of elements of Five-Year (‘‘Sunset’’) Review, 75 FR such as chromium, copper, niobium, 74685 (December 1, 2010). The Department received notices of titanium, vanadium, and molybdenum. Steel products to be included in the intent to participate from the following scope, regardless of Harmonized Tariff domestic parties within the deadline Schedule of the United States (HTSUS) specified in 19 CFR 351.218(d)(1)(i): definitions, are products in which: (1) ArcelorMittal Steel USA Inc., Evraz Iron predominates, by weight, over each Claymont Steel, Evraz Oregon Steel of the other contained elements, (2) the Mills, Nucor Corporation, and SSAB PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1 12323 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 76, No. 44 / Monday, March 7, 2011 / Notices 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 orders unless otherwise specifically excluded. The following products are specifically excluded from the orders: (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) abrasionresistant 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. Regarding the scope of the order for Japan, the following additional exclusions apply with respect to abrasion-resistant steels: NK–EH–360 (NK Everhard 360) and NK–EH–500 (NK Everhard 500). NK–EH–360 has the following specifications: (a) Physical Properties: Thickness ranging from 6–50 mm, Brinell Hardness: 361 min.; (b) Heat Treatment: controlled heat treatment; and (c) Chemical Composition (percent weight): C: 0.20 max., Si: 0.55 max., Mn: 1.60 max., P: 0.030 max., S: 0.030 max., Cr: 0.40 max., Ti: 0.005–0.020, B: 0.004 max. NK–EH– 500 has the following specifications: (a) Physical Properties: Thickness ranging from 6–50 mm, Brinell Hardness: 477 min.; (b) Heat Treatment: Controlled heat treatment; and (c) Chemical Composition (percent weight): C: 0.35 max., Si: 0.55 max., Mn: 1.60 max., P: 0.030 max., S: 0.030 max., Cr: 0.80 max., Ti: 0.005–0.020, B: 0.004 max. The merchandise subject to the orders is currently classifiable 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, VerDate Mar<15>2010 17:54 Mar 04, 2011 Jkt 223001 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, 7226.99.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise covered by the orders is dispositive. Analysis of Comments Received All issues raised in these reviews are addressed in the ‘‘Issues and Decision Memorandum for the Expedited Sunset Reviews of the Antidumping Duty Orders on Certain Cut-To-Length Carbon-Quality Steel Plate from India, Indonesia, Italy, Japan, and the Republic of Korea’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration (Decision Memo), which is hereby adopted by, and issued concurrently with, this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these reviews and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, room 7046 of the main Department building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. Final Results of Reviews We determine that revocation of the antidumping duty orders on CTL Plate from India, Indonesia, Italy, Japan, and the Republic of Korea would be likely to lead to continuation or recurrence of dumping at the rates listed below: Exporter/manufacturer India: Steel Authority of India, Ltd .. All Others .............................. Indonesia: PT Gunawan Dianjaya/PT Jaya Pari Steel Corporation ..................................... PT Krakatau Steel ................. All Others .............................. Italy: Palini and Bertoli S.p.A ......... All Others .............................. Japan: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Margin percentage 42.39 42.39 50.80 52.42 50.80 7.64 7.64 Exporter/manufacturer Margin percentage Kawasaki Steel Corporation Kobe Steel, Ltd ..................... Nippon Steel Corporation ..... NKK Corporation ................... Sumitomo Metal Industries, Ltd ...................................... All Others .............................. Republic of Korea: Dongkuk Steel Mill Co., Ltd .. All Others .............................. 9.46 59.12 59.12 59.12 59.12 9.46 2.98 2.98 This notice also serves as 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 notification of the return or destruction of APO materials or conversion to judicial protective orders 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 the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: March 1, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–5125 Filed 3–4–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–827] Certain Cased Pencils From the People’s Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: March 7, 2011. SUMMARY: On November 1, 2010, the Department of Commerce (‘‘Department’’) published in the Federal Register the notice of initiation of the third sunset review of the antidumping duty order on certain cased pencils (‘‘pencils’’) from the People’s Republic of China (‘‘PRC’’), pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-Year (‘‘Sunset’’) Review, 75 FR 67082 (November 1, 2010). The Department has conducted an expedited sunset review of this order pursuant to section 751(c)(3)(B) of the Act and 19 AGENCY: E:\FR\FM\07MRN1.SGM 07MRN1

Agencies

[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Notices]
[Pages 12322-12323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5125]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-817, A-560-805, A-475-826, A-588-847, A-580-836]


Certain Cut-to-Length Carbon-Quality Steel Plate From India, 
Indonesia, Italy, Japan, and the Republic of Korea; Final Results of 
the Expedited Second Sunset Reviews of the Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 1, 2010, the Department of Commerce (the 
Department) initiated the second sunset reviews of the antidumping duty 
orders on certain cut-to-length carbon-quality steel plate (CTL Plate) 
from India, Indonesia, Italy, Japan, and the Republic of Korea, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act). The Department has conducted expedited (120-day) sunset reviews 
for these orders pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As a 
result of these sunset reviews, the Department finds that revocation of 
the antidumping duty orders would be likely to lead to continuation or 
recurrence of dumping.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Gemal Brangman, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4136 and (202) 482-3773, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 1, 2010, the Department published the notice of 
initiation of the second sunset reviews of the antidumping duty orders 
on CTL Plate from India, Indonesia, Italy, Japan, and the Republic of 
Korea, pursuant to section 751(c) of the Act. See Initiation of Five-
Year (``Sunset'') Review, 75 FR 74685 (December 1, 2010).
    The Department received notices of intent to participate from the 
following domestic parties within the deadline specified in 19 CFR 
351.218(d)(1)(i): ArcelorMittal Steel USA Inc., Evraz Claymont Steel, 
Evraz Oregon Steel Mills, Nucor Corporation, and SSAB N.A.D 
(collectively ``the domestic interested parties''). These parties 
claimed interested party status under section 771(9)(C) of the Act and 
19 CFR 351.102(b), as domestic manufacturers and producers of the 
domestic like product.
    The Department received complete (collective) substantive responses 
to the notice of initiation from the domestic interested parties within 
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received 
no substantive responses from respondent interested parties with 
respect to any of the orders covered by these sunset reviews. As a 
result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department 
conducted expedited (120-day) sunset reviews of the antidumping duty 
orders on CTL Plate from India, Indonesia, Italy, Japan, and the 
Republic of Korea.

Scope of the Orders

    The products covered under the CTL Plate antidumping duty orders 
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 to be included in the 
scope of the orders 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 orders 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 to be 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

[[Page 12323]]

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 orders unless otherwise 
specifically excluded. The following products are specifically excluded 
from the orders: (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.
    Regarding the scope of the order for Japan, the following 
additional exclusions apply with respect to abrasion-resistant steels: 
NK-EH-360 (NK Everhard 360) and NK-EH-500 (NK Everhard 500). NK-EH-360 
has the following specifications: (a) Physical Properties: Thickness 
ranging from 6-50 mm, Brinell Hardness: 361 min.; (b) Heat Treatment: 
controlled heat treatment; and (c) Chemical Composition (percent 
weight): C: 0.20 max., Si: 0.55 max., Mn: 1.60 max., P: 0.030 max., S: 
0.030 max., Cr: 0.40 max., Ti: 0.005-0.020, B: 0.004 max. NK-EH-500 has 
the following specifications: (a) Physical Properties: Thickness 
ranging from 6-50 mm, Brinell Hardness: 477 min.; (b) Heat Treatment: 
Controlled heat treatment; and (c) Chemical Composition (percent 
weight): C: 0.35 max., Si: 0.55 max., Mn: 1.60 max., P: 0.030 max., S: 
0.030 max., Cr: 0.80 max., Ti: 0.005-0.020, B: 0.004 max.
    The merchandise subject to the orders is currently classifiable 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, 7226.99.0000. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise covered by the orders is dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum for the Expedited Sunset Reviews of the 
Antidumping Duty Orders on Certain Cut-To-Length Carbon-Quality Steel 
Plate from India, Indonesia, Italy, Japan, and the Republic of Korea'' 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy 
Assistant Secretary for Import Administration (Decision Memo), which is 
hereby adopted by, and issued concurrently with, this notice. The 
issues discussed in the Decision Memo include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margins 
likely to prevail if the orders were revoked. Parties can find a 
complete discussion of all issues raised in these reviews and the 
corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit, room 7046 of the main Department 
building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on CTL 
Plate from India, Indonesia, Italy, Japan, and the Republic of Korea 
would be likely to lead to continuation or recurrence of dumping at the 
rates listed below:

------------------------------------------------------------------------
                                                                Margin
                   Exporter/manufacturer                      percentage
------------------------------------------------------------------------
India:
  Steel Authority of India, Ltd............................        42.39
  All Others...............................................        42.39
Indonesia:
  PT Gunawan Dianjaya/PT Jaya Pari Steel Corporation.......        50.80
  PT Krakatau Steel........................................        52.42
  All Others...............................................        50.80
Italy:
  Palini and Bertoli S.p.A.................................         7.64
  All Others...............................................         7.64
Japan:
  Kawasaki Steel Corporation...............................         9.46
  Kobe Steel, Ltd..........................................        59.12
  Nippon Steel Corporation.................................        59.12
  NKK Corporation..........................................        59.12
  Sumitomo Metal Industries, Ltd...........................        59.12
  All Others...............................................         9.46
Republic of Korea:
  Dongkuk Steel Mill Co., Ltd..............................         2.98
  All Others...............................................         2.98
------------------------------------------------------------------------

    This notice also serves as 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 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders 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 the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

     Dated: March 1, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-5125 Filed 3-4-11; 8:45 am]
BILLING CODE 3510-DS-P