Certain Cut-to-Length Carbon-Quality Steel Plate From India, Indonesia, Italy, and the Republic of Korea: Final Results of Expedited Sunset Review, 12702-12703 [2011-5220]
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12702
Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
customer. We will direct CBP to assess
the resulting per-kilogram dollar
amount against each kilogram of
merchandise on each of that importer’s
or customer’s entries during the period
of review. See 19 CFR 351.212(b)(1).
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
TPBI for which it did not know that the
merchandise it sold to an intermediary
(e.g., a reseller, trading company, or
exporter) 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 intermediary(ies) involved
in the transaction. See Antidumping
and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
For the companies which were not
selected for individual examination, we
will instruct CBP to apply the rates
listed above to all entries of subject
merchandise produced and/or exported
by such firms.
We intend to issue liquidation
instructions 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 the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, consistent with section
751(a)(1) of the Act: (1) The cashdeposit rates for the reviewed
companies will be the rates shown
above; (2) for previously investigated or
reviewed 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 or
a previous review or the original lessthan-fair-value (LTFV) 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) the cash-deposit
rate for all other manufacturers or
exporters will be 4.69 percent, the allothers rate from the amended final
determination of the LTFV investigation
as revised as a result of the Section 129
determination published on August 12,
2010. See Notice of Implementation of
Determination Under Section 129 of the
Uruguay Round Agreements Act and
Partial Revocation of the Antidumping
Duty Order on Polyethylene Retail
VerDate Mar<15>2010
19:12 Mar 07, 2011
Jkt 223001
Carrier Bags From Thailand, 75 FR
48940 (August 12, 2010).
These deposit requirements shall
remain in effect until further notice.
Notification Requirements
This notice serves as a 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. See Id.
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 in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the 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 in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: March 1, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix
1. Conversion-Cost Reallocation.
2. Affiliated-Party Inputs.
3. Blue Corner Rebates.
4. Zeroing.
5. Duties in Cost of Production and
Constructed Value.
6. General and Administrative Expenses.
7. Ministerial Errors and Other Issues.
[FR Doc. 2011–5267 Filed 3–7–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–818; C–560–806; C–475–827; C–
580–837]
Certain Cut-to-Length Carbon-Quality
Steel Plate From India, Indonesia, Italy,
and the Republic of Korea: Final
Results of Expedited Sunset Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2010, the
Department of Commerce (‘‘the
AGENCY:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Department’’) initiated the second
sunset reviews of the countervailing
duty (‘‘CVD’’) orders on certain cut-tolength carbon-quality steel plate from
India, Indonesia, Italy, and the Republic
of Korea (‘‘Korea’’) pursuant to section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’). On the basis of
notices of intent to participate and
adequate substantive responses filed on
behalf of the domestic interested parties
and inadequate response from
respondent interested parties (in these
cases, no response), the Department
conducted expedited sunset reviews of
these CVD orders pursuant to section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(B). As a result of these
sunset reviews, the Department finds
that revocation of the CVD orders would
be likely to lead to continuation or
recurrence of a countervailable subsidy
at the level indicated in the ‘‘Final
Results of Reviews’’ section of this
notice.
Effective Date: March 8, 2011.
Eric
Greynolds, 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) 482–6071.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
Background
On November 1, 2010, the Department
initiated a sunset review of the CVD
orders on certain cut-to-length carbonquality steel plate from India, Indonesia,
Italy, and Korea pursuant to section
751(c) of the Act. See Initiation of FiveYear (‘‘Sunset’’) Review, 75 FR 67082
(November 1, 2010). The Department
received a notice of intent to participate
in each of these reviews from the
following domestic interested parties:
Nucor Corporation, ArcelorMittal USA,
Evraz NA Claymont, Evraz NA Oregon
Steel Mills, and SSAB N.A.D.
(collectively, ‘‘domestic interested
parties’’) within the deadline specified
in 19 CFR 351.218(d)(1)(i). The
domestic interested parties claimed
interested party status under section
771(9)(C) of the Act.
The Department received adequate
substantive responses collectively from
the domestic interested parties within
the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). However, the
Department did not receive a
substantive response from any
government or respondent interested
party to these proceedings. As a result,
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
E:\FR\FM\08MRN1.SGM
08MRN1
12703
Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
the Department conducted expedited
reviews of these CVD orders.
Scope of the Orders
The products covered by the
countervailing 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-tolength (not in coils) and without
patterns in relief), of iron or non-alloyquality 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 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 are high strength,
low alloy (‘‘HSLA’’) steels. HSLA steels
are recognized as steels with microalloying 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 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 unless otherwise specifically
VerDate Mar<15>2010
19:12 Mar 07, 2011
Jkt 223001
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.
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 subject to the orders is
dispositive.
Analysis of Comments Received
All issues raised in these reviews are
addressed in the Issues and Decision
Memorandum (‘‘Decision
Memorandum’’) from Gary Taverman,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, dated concurrent with
and hereby adopted by this notice.
Parties can find a complete discussion
of all issues raised in this review and
the corresponding recommendation in
this public memorandum which is on
file in the Central Records Unit, room
7046 of the main Commerce building. In
addition, a complete version of the
Decision Memorandum can be accessed
directly on the Web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Producers/Exporters
India:
Steel Authority of India
(‘‘SAIL’’) ............................
All other producers/manufacturers/exporters ...........
Indonesia:
P.T. Krakatau Steel .............
All Others 1 ..........................
Italy:
ILVA S.p.A. ..........................
All Others 2 ..........................
Korea:
Dongkuk Steel Mill, Ltd. ......
All others 3 ...........................
Fmt 4703
Sfmt 9990
12.82
47.71
15.90
2.38
2.38
1.38
1.38
Notification Regarding Administrative
Protective Order
This notice 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 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 the
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act.
Dated: March 1, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–5220 Filed 3–7–11; 8:45 am]
BILLING CODE 3510–DS–P
The Department determines that
revocation of the CVD orders would be
likely to lead to continuation or
recurrence of a countervailable subsidy
at the rates listed below:
Frm 00013
12.82
1 P.T. Gunawan Steel and P.T. Jaya Pari
were excluded from the order on the basis of
a de minimis net subsidy. See Notice of
Amended Final Determinations: Certain CutTo-Length Carbon-Quality Steel Plate From
India and the Republic of Korea; and Notice of
Countervailing Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate From
France, India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000)
(‘‘CVD Order’’).
2 Palini & Bertol were excluded from the
order on the basis of a de minimis net subsidy. See CVD Order.
3 Pohang Iron & Steel Co., Ltd. was excluded from the order on the basis of a de
minimis net subsidy. See CVD Order.
Final Results of Reviews
PO 00000
Net
counter
vailable
subsidy
(percent)
E:\FR\FM\08MRN1.SGM
08MRN1
Agencies
[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Notices]
[Pages 12702-12703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5220]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-818; C-560-806; C-475-827; C-580-837]
Certain Cut-to-Length Carbon-Quality Steel Plate From India,
Indonesia, Italy, and the Republic of Korea: Final Results of Expedited
Sunset Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2010, the Department of Commerce (``the
Department'') initiated the second sunset reviews of the countervailing
duty (``CVD'') orders on certain cut-to-length carbon-quality steel
plate from India, Indonesia, Italy, and the Republic of Korea
(``Korea'') pursuant to section 751(c) of the Tariff Act of 1930, as
amended (``the Act''). On the basis of notices of intent to participate
and adequate substantive responses filed on behalf of the domestic
interested parties and inadequate response from respondent interested
parties (in these cases, no response), the Department conducted
expedited sunset reviews of these CVD orders pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of
these sunset reviews, the Department finds that revocation of the CVD
orders would be likely to lead to continuation or recurrence of a
countervailable subsidy at the level indicated in the ``Final Results
of Reviews'' section of this notice.
DATES: Effective Date: March 8, 2011.
FOR FURTHER INFORMATION CONTACT: Eric Greynolds, 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) 482-6071.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2010, the Department initiated a sunset review of
the CVD orders on certain cut-to-length carbon-quality steel plate from
India, Indonesia, Italy, and Korea pursuant to section 751(c) of the
Act. See Initiation of Five-Year (``Sunset'') Review, 75 FR 67082
(November 1, 2010). The Department received a notice of intent to
participate in each of these reviews from the following domestic
interested parties: Nucor Corporation, ArcelorMittal USA, Evraz NA
Claymont, Evraz NA Oregon Steel Mills, and SSAB N.A.D. (collectively,
``domestic interested parties'') within the deadline specified in 19
CFR 351.218(d)(1)(i). The domestic interested parties claimed
interested party status under section 771(9)(C) of the Act.
The Department received adequate substantive responses collectively
from the domestic interested parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i). However, the Department did not
receive a substantive response from any government or respondent
interested party to these proceedings. As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
[[Page 12703]]
the Department conducted expedited reviews of these CVD orders.
Scope of the Orders
The products covered by the countervailing 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 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 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 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 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. 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 subject to
the orders is dispositive.
Analysis of Comments Received
All issues raised in these reviews are addressed in the Issues and
Decision Memorandum (``Decision Memorandum'') from Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, dated concurrent with and hereby adopted by this
notice. Parties can find a complete discussion of all issues raised in
this review and the corresponding recommendation in this public
memorandum which is on file in the Central Records Unit, room 7046 of
the main Commerce building. In addition, a complete version of the
Decision Memorandum can be accessed directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Final Results of Reviews
The Department determines that revocation of the CVD orders would
be likely to lead to continuation or recurrence of a countervailable
subsidy at the rates listed below:
------------------------------------------------------------------------
Net
counter
Producers/Exporters vailable
subsidy
(percent)
------------------------------------------------------------------------
India:
Steel Authority of India (``SAIL'')..................... 12.82
All other producers/manufacturers/exporters............. 12.82
Indonesia:
P.T. Krakatau Steel..................................... 47.71
All Others \1\.......................................... 15.90
Italy:
ILVA S.p.A.............................................. 2.38
All Others \2\.......................................... 2.38
Korea:
Dongkuk Steel Mill, Ltd................................. 1.38
All others \3\.......................................... 1.38
------------------------------------------------------------------------
\1\ P.T. Gunawan Steel and P.T. Jaya Pari were excluded from the order
on the basis of a de minimis net subsidy. See Notice of Amended Final
Determinations: Certain Cut-To-Length Carbon-Quality Steel Plate From
India and the Republic of Korea; and Notice of Countervailing Duty
Orders: Certain Cut-To-Length Carbon-Quality Steel Plate From France,
India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587
(February 10, 2000) (``CVD Order'').
\2\ Palini & Bertol were excluded from the order on the basis of a de
minimis net subsidy. See CVD Order.
\3\ Pohang Iron & Steel Co., Ltd. was excluded from the order on the
basis of a de minimis net subsidy. See CVD Order.
Notification Regarding Administrative Protective Order
This notice 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 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 the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: March 1, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-5220 Filed 3-7-11; 8:45 am]
BILLING CODE 3510-DS-P