Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From Brazil: Final Results of Countervailing Duty Administrative Review, 22868-22871 [2011-9965]
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22868
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices
Terephthalate Film, Sheet, and Strip
from the United Arab Emirates: Final
Determination of Sales at Less Than
Fair Value, 73 FR 55036 (September 24,
2008) (Investigation Final
Determination).
jdjones on DSKHWCL6B1PROD with NOTICES
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date of these final
results, as provided by section
751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act): (1) For the
companies covered by this review, the
cash deposit rate will be the rates listed
above in the section ‘‘Final Results of
Review;’’ (2) for merchandise exported
by producers or exporters not covered in
this review but covered in a previous
segment of this proceeding, the cash
deposit rate will continue to be the
company-specific rate published in the
most recent final results in which that
producer or exporter participated; (3) if
the exporter is not a firm covered in this
review or in any previous segment of
this proceeding, but the producer is, the
cash deposit rate will be that established
for the producer of the merchandise in
these final results of review or in the
most recent final results in which that
producer participated; and, (4) if neither
the exporter nor the producer is a firm
covered in this review or in any
previous segment of this proceeding, the
cash deposit rate will be 4.80 percent,
the all-others rate established in the less
than fair value investigation. See
Investigation Final Determination.
These deposit requirements shall
remain in effect until further notice.
Notification Regarding Administrative
Protective Orders
This notice is the only reminder to
parties subject to the 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). Timely
written notification of the return or
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.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
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15:21 Apr 22, 2011
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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
antidumping duties occurred, and in the
subsequent assessment of double
antidumping duties.
We are issuing and publishing these
final results and this notice in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix
Issues in the Decision Memorandum
Comment 1: Sample Transactions
Comment 2: Values Reported for Average
Cost of Manufacturing
Comment 3: Transactions Outside the
Ordinary Course of Trade
Comment 4: Matching Criteria
Comment 5: Zeroing
[FR Doc. 2011–9967 Filed 4–22–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–351–829]
Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products From Brazil:
Final Results of Countervailing Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 7, 2010, the
Department of Commerce (Department)
issued the preliminary results of
administrative review of the
countervailing duty order on certain
hot-rolled flat-rolled carbon-quality
steel products (HRS) from Brazil for the
period January 1, 2008, through
December 31, 2008. Based on the results
of our verification and the analysis of
the comments received, the Department
has made certain revisions to the
subsidy rates for the respondent, Usinas
Siderurgicas de Minas Gerais
(USIMINAS) and its subsidiary,
Companhia Siderurgica Paulista
(COSIPA). The final subsidy rate for the
reviewed company is listed below in the
section entitled ‘‘Final Results of
Review.’’
AGENCY:
DATES:
Effective Date: April 25, 2011.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo, Justin Neuman or Milton
Koch, AD/CVD Operations, Office 6,
Import Administration, International
PO 00000
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Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–2371,
(202) 482–0486 and (202) 482–2584,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the issuance of Certain HotRolled Flat-Rolled Carbon-Quality Steel
Products From Brazil: Preliminary
Results of Countervailing Duty
Administrative Review, 75 FR 64700
(October 20, 2010) (Preliminary Results),
the following events have occurred. The
Department issued its third
supplemental questionnaire to the
Government of Brazil (GOB) and to
USIMINAS/COSIPA on November 9,
2010. On the same day, the Department
informed parties of the postponement of
the briefing schedule. The GOB and
USIMINAS/COSIPA filed their
responses on November 23, 2010, and
December 3, 2010, respectively. On
December 13, 2010, the United States
Steel Corporation (USS or petitioner)
submitted factual information in
rebuttal to information contained in
USIMINAS/COSIPA’s December 3, 2010
questionnaire response. On January 6,
2011, the Department issued a fourth
supplemental questionnaire to
USIMINAS/COSIPA and the company
submitted its response on January 19,
2011. On January 20, 2011, the
Department placed on the record
information from the investigation of
cold-rolled steel and the prior
administrative review of the instant
order on HRS. See Memorandum to The
File from Justin M. Neuman, Analyst,
Certain Hot-Rolled Carbon Steel Flat
Products from Brazil: Additional
Programs Memorandum and Calculation
Memorandum, Certain Hot-Rolled
Carbon Steel Flat Products from Brazil,
dated January 20, 2011.
On December 14, 2010, the
Department extended the deadline for
the final results from February 17, 2011
to April 18, 2011. See Certain HotRolled Flat-Rolled Carbon-Quality Steel
Products From Brazil: Extension of Time
Limit for Final Results of Countervailing
Duty Administrative Review, 75 FR
77828 (December 14, 2010).
On January 21, 2011, USS submitted
comments in light of the Department’s
planned verification. In accordance with
section 782(i) of the Tariff Act of 1930,
as amended (‘‘the Act’’) the Department
conducted verification in Brazil of the
questionnaire responses of USIMINAS/
COSIPA from January 24 to January 27,
2011, and of one program of the GOB on
January 28, 2011. See Memorandum to
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Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices
The File from Myrna Lobo, International
Trade Compliance Analyst, through
Dana S. Mermelstein, Program Manager,
Countervailing Duty Administrative
Review of Certain Hot-Rolled FlatRolled Carbon-Quality Steel Products
from Brazil: Verification of the
Questionnaire Responses Submitted by
Usinas Siderurgicas de Minas Gerais
(USIMINAS) and Companhia
Siderurgica Paulista (COSIPA), dated
March 7, 2011; see also Memorandum to
The File from Myrna Lobo, International
Trade Compliance Analyst, through
Dana S. Mermelstein, Program Manager,
Countervailing Duty Administrative
Review of Certain Hot-Rolled FlatRolled Carbon-Quality Steel Products
from Brazil: Verification of the
Questionnaire Responses Submitted by
the Government of Brazil, dated March
7, 2011.
On March 3, 2011, the Department
issued a post-preliminary analysis
memorandum on the countervailability
of the FINEM loan program. See
Memorandum to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, Countervailing Duty
Administrative Review of Certain HotRolled Flat-Rolled Carbon-Quality Steel
Products from Brazil: Post-Preliminary
Analysis Regarding the Provision of
FINEM Loans, dated March 3, 2011
(Post-Preliminary Decision). On March
9, 2011, the Department notified parties
of the briefing schedule, inviting
comments on the Preliminary Results
and the Post-Preliminary Decision. The
Department received case briefs and
rebuttal briefs from USS, Nucor
Corporation (Nucor), a domestic
interested party, and USIMINAS/
COSIPA.1 Timely requests for a hearing
were submitted by USS and Nucor;
however, both parties subsequently
withdrew their hearing requests.
Period of Review
The period for which we are
measuring subsidies, i.e., the period of
review (POR), is January 1, 2008,
through December 31, 2008.
Scope of the Order
For purposes of this review, the
products covered are certain hot-rolled
flat-rolled carbon-quality steel products
of a rectangular shape, of a width of 0.5
inch or greater, neither clad, plated, nor
coated with metal and whether or not
painted, varnished, or coated with
plastics or other non-metallic
substances, in coils (whether or not in
successively superimposed layers)
regardless of thickness, and in straight
lengths, of a thickness less than 4.75
mm and of a width measuring at least
10 times the thickness. Universal mill
plate (i.e., flat-rolled products rolled on
four faces or in a closed box pass, of a
width exceeding 150 mm, but not
exceeding 1250 mm and of a thickness
of not less than 4 mm, not in coils and
without patterns in relief) of a thickness
not less than 4.0 mm is not included
within the scope of the order.
Specifically included in the scope are
vacuum degassed, fully stabilized
(commonly referred to as interstitial-free
(‘‘IF’’)) steels, high strength low alloy
(‘‘HSLA’’) steels, and the substrate for
motor lamination steels. IF steels are
recognized as low carbon steels with
micro-alloying levels of elements such
as titanium and/or niobium added to
stabilize carbon and nitrogen elements.
HSLA steels are recognized as steels
with micro-alloying levels of elements
such as chromium, copper, niobium,
titanium, vanadium, and molybdenum.
The substrate for motor lamination
steels contains micro-alloying levels of
elements such as silicon and aluminum.
Steel products to be included in the
scope of the order, regardless of HTSUS
definitions, are products in which: (1)
Iron predominates, by weight, over each
of the other contained elements; (2) the
carbon content is 2 percent or less, by
weight; and (3) none of the elements
listed below 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 0.012 percent of boron, 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 of zirconium.
All products that meet the physical
and chemical description provided
above are within the scope of the order
unless otherwise excluded. The
following products, by way of example,
are outside and/or specifically excluded
from the scope of the order:
• Alloy hot-rolled steel products in
which at least one of the chemical
elements exceeds those listed above
(including e.g., ASTM specifications
A543, A387, A514, A517, and A506).
• SAE/AISI grades of series 2300 and
higher.
• Ball bearing steels, as defined in the
HTSUS.
• Tool steels, as defined in the
HTSUS.
• Silico-manganese (as defined in the
HTSUS) or silicon electrical steel with
a silicon level exceeding 1.50 percent.
• ASTM specifications A710 and
A736.
• USS Abrasion-resistant steels (USS
AR 400, USS AR 500).
• Hot-rolled steel coil which meets
the following chemical, physical and
mechanical specifications:
[In percent]
C
Mn
(max)
P
(max)
S
(max)
Si
Cr
Cu
Ni
(max)
0.10–0.14
0.90
0.025
0.005
0.30–0.50
0.30–0.50
0.20–0.40
0.20
Width = 44.80 inches maximum; Thickness = 0.063–0.198 inches; Yield Strength = 50,000 ksi minimum; Tensile Strength = 70,000–88,000 psi.
jdjones on DSKHWCL6B1PROD with NOTICES
• Hot-rolled steel coil which meets
the following chemical, physical and
mechanical specifications:
1 The Department rejected USIMINAS/COSIPA’s
case brief received on March 16, 2011, because it
contained untimely new factual information. See
Letter to USIMINAS/COSIPA from the Department,
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15:21 Apr 22, 2011
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Re: Countervailing Duty Administrative Review:
Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel
Products from Brazil (March 17, 2011).
Subsequently, the Department allowed USIMINAS/
PO 00000
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COSIPA to resubmit its case brief without the
untimely factual information, which it received on
March 18, 2011.
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Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices
[In percent]
C
Mn
P
(max)
S
(max)
Si
Cr
Cu
(max)
Ni
(max)
Mo
0.10–0.16
0.70–0.90
0.025
0.006
0.30–0.50
0.30–0.50
0.25
0.20
0.21
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim.
• Hot-rolled steel coil which meets
the following chemical, physical and
mechanical specifications:
[In percent]
C
Mn
P
(max)
S
(max)
Si
Cr
Cu
Ni
(max)
V (wt.)
(max)
Cb
(max)
0.10–0.14
1.30–1.80
0.025
0.005
0.30–0.50
0.50–0.70
0.20–0.40
0.20
0.10
0.08
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim.
• Hot-rolled steel coil which meets
the following chemical, physical and
mechanical specifications:
[In percent]
C
(max)
Mn
(max)
P
(max)
S
(max)
Si
(max)
Cr
(max)
Cu
(max)
Ni
(max)
Nb
(min)
Ca
Al
0.15
1.40
0.025
0.010
0.50
1.00
0.50
0.20
0.005
Treated
0.01–0.07
jdjones on DSKHWCL6B1PROD with NOTICES
Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield Strength = 70,000 psi minimum for thicknesses ≤ 0.148 inches and 65,000 psi minimum for
thicknesses > 0.148 inches; Tensile Strength = 80,000 psi minimum.
• Hot-rolled dual phase steel, phasehardened, primarily with a ferriticmartensitic microstructure, contains 0.9
percent up to and including 1.5 percent
silicon by weight, further characterized
by either (i) tensile strength between
540 N/mm2 and 640 N/mm2 and an
elongation percentage ≥ 26 percent for
thicknesses of 2 mm and above, or (ii)
a tensile strength between 590 N/mm2
and 690 N/mm2 and an elongation
percentage ≥ 25 percent for thicknesses
of 2 mm and above.
• Hot-rolled bearing quality steel,
SAE grade 1050, in coils, with an
inclusion rating of 1.0 maximum per
ASTM E 45, Method A, with excellent
surface quality and chemistry
restrictions as follows: 0.012 percent
maximum phosphorus, 0.015 percent
maximum sulfur, and 0.20 percent
maximum residuals including 0.15
percent maximum chromium.
• Grade ASTM A570–50 hot-rolled
steel sheet in coils or cut lengths, width
of 74 inches (nominal, within ASTM
tolerances), thickness of 11 gauge (0.119
inch nominal), mill edge and skin
passed, with a minimum copper content
of 0.20%.
The merchandise subject to the order
is classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheadings: 7208.10.15.00,
7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00,
7208.26.00.30, 7208.26.00.60,
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Jkt 223001
7208.27.00.30, 7208.27.00.60,
7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60,
7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15,
7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60,
7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7211.14.00.90, 7211.19.15.00,
7211.19.20.00, 7211.19.30.00,
7211.19.45.00, 7211.19.60.00,
7211.19.75.30, 7211.19.75.60,
7211.19.75.90, 7212.40.10.00,
7212.40.50.00, 7212.50.00.00. Certain
hot-rolled flat-rolled carbon-quality
steel covered by the order, including:
vacuum degassed, fully stabilized; high
strength low alloy; and the substrate for
motor lamination steel may also enter
under the following tariff numbers:
7225.11.00.00, 7225.19.00.00,
7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90,
7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00,
7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
covered by the order is dispositive.
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Analysis of Comments Received
All issues raised in the case briefs and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum
for the Final Results of the
Countervailing Duty Administrative
Review of Certain Hot-Rolled FlatRolled Carbon-Quality Steel Products
from Brazil, from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, dated concurrently
with this notice (Issues and Decision
Memorandum), and which is hereby
adopted by this notice. The Issues and
Decision Memorandum also contains a
complete analysis of the programs
covered by this review, the
methodologies used to calculate the
subsidy rates, and discusses any
changes since the Preliminary Results
and Post-Preliminary Decision to the
subsidy rates. A list of the comments
raised in the briefs and addressed in the
Issues and Decision Memorandum is
appended to this notice. The Issues and
Decision Memorandum is on file in the
Central Records Unit (CRU), Room 7046
of the main Department building, and
can be accessed directly on the Web at
https://ia.ita.doc.gov/frn.
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Changes Since the Preliminary Results
Based on the results of verification,
our consideration of information
submitted by USIMINAS/COSIPA and
the GOB in supplemental questionnaire
responses received subsequent to the
issuance of the Preliminary Results, and
our analysis of comments received, we
have made changes to the calculations
of the Preliminary Results and PostPreliminary Decision. These changes are
discussed in detail in the Issues and
Decision Memorandum, and the
Memorandum to the File from The
Team, Calculations for the Final Results:
Usinas Siderurgicas de Minas Gerais
S.A. and Companhia Siderugica Paulista
(USIMINAS/COSIPA), dated
concurrently with this notice, a public
version of which is on file in the CRU.
Final Results of Review
In accordance with section
751(a)(1)(A) of the Act and 19 CFR
351.221(b)(5), we calculated a net
subsidy for USIMINAS/COSIPA, the
only producer/exporter subject to this
review, of 0.46 percent ad valorem. This
rate is de minimis. See 19 CFR
351.106(c)(1).
jdjones on DSKHWCL6B1PROD with NOTICES
Assessment and Cash Deposit
Instructions
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (CBP) 15 days
after the date of publication of these
final results of review. The Department
will instruct CBP to liquidate shipments
of subject merchandise by USIMINAS/
COSIPA entered, or withdrawn from
warehouse, for consumption on or after
January 1, 2008, through December 31,
2008, without regard to countervailing
duties. We will also instruct CBP to
collect cash deposits for USIMINAS/
COSIPA at the rate of 0.00 percent on
all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of these
final results of review. The cash deposit
rates for all companies not covered by
this review are not changed by the
results of this review.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
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15:21 Apr 22, 2011
Jkt 223001
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I
List of Issues Addressed in the Issues and
Decision Memorandum
Comment 1: Whether it is Appropriate to
Apply Adverse Facts Available to Find
the FINEM Loans Countervailable
Comment 2: Selection of an Appropriate
Benchmark for BNDES Loans
Comment 3: Calculation of FOB Sales Value
[FR Doc. 2011–9965 Filed 4–22–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–912]
Certain New Pneumatic Off-the-Road
Tires From the People’s Republic of
China: Final Results of the 2008–2009
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 19, 2010, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of the 2008–2009
administrative review of the
antidumping duty order on certain new
pneumatic off-the-road tires (‘‘OTR
tires’’) from the People’s Republic of
China (‘‘PRC’’). See Certain New
Pneumatic Off-the-Road Tires from the
People’s Republic of China: Preliminary
Results of Antidumping Duty
Administrative Review, 75 FR 64259
(October 19, 2010) (‘‘Preliminary
Results’’). The period of review (‘‘POR’’)
is February 20, 2008, through August
31, 2009. This review covers six
exporters.
We invited interested parties to
comment on our Preliminary Results.
Based on our analysis of the comments
received, we made certain changes to
our margin calculations for the
individually examined respondent,
Hebei Starbright Tire Co., Ltd.
(‘‘Starbright’’). The final dumping
margins for this review are listed in the
‘‘Final Results Margins’’ section below.
DATES: Effective Date: April 25, 2011.
FOR FURTHER INFORMATION CONTACT:
Raquel Silva or Andrew Medley, AD/
AGENCY:
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22871
CVD Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–6475 and (202)
482–4987, respectively.
Background
On October 19, 2010, the Department
published its Preliminary Results of the
antidumping duty administrative review
of OTR tires from the PRC. On
November 3, 2010, Starbright submitted
its response to the Department’s postpreliminary supplemental questionnaire
regarding its factors of production
database. On November 5, 2010,
Starbright submitted its response to the
Department’s post-preliminary
supplemental questionnaire regarding
its indirect selling expense categories.
Titan Tire Corporation (‘‘Titan’’), the
petitioner, Bridgestone Americas
Holding, Inc. and subsidiary
Bridgestone Firestone North America
Tire, LLC (‘‘Bridgestone’’), the domestic
interested party, and Starbright each
submitted publicly available
information regarding surrogate values
on November 8, 2010. On November 18,
2010, both Titan and Bridgestone
requested hearings. On December 9,
2010, Starbright submitted its response
to the Department’s fifth supplemental
questionnaire. The Department verified
certain aspects of Starbright’s
questionnaire responses at GPX
International Tire Corporation (‘‘GPX’’),
Starbright’s U.S. sales affiliate, on
December 13, 2010, through December
15, 2010. On January 31, 2011, the
Department issued its verification
report.
On February 3, 2011, the Department
received Titan’s withdrawal of its
request for a hearing. On February 7,
2011, the Department received Titan’s
case brief and published an extension
for the issuance of its final results of the
review. See Certain New Pneumatic Offthe-Road Tires from the People’s
Republic of China: Notice of Extension
of Time Limit for the Final Results of the
2008–2009 Administrative Review of the
Antidumping Duty Order, 76 FR 6603
(February 7, 2011). On February 8, 2011,
the Department received both
Bridgestone’s and Starbright’s case
briefs. Bridgestone’s withdrawal of a
request for a hearing was submitted on
February 9, 2011. On February 14, 2011,
all parties submitted their rebuttal case
briefs.
On February 22, 2011, the Department
sent Starbright a letter regarding alleged
new factual information submitted in its
case brief. Starbright submitted its
response to the Department’s letter on
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]]>Agencies
[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Notices]
[Pages 22868-22871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9965]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-829]
Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From
Brazil: Final Results of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 7, 2010, the Department of Commerce (Department)
issued the preliminary results of administrative review of the
countervailing duty order on certain hot-rolled flat-rolled carbon-
quality steel products (HRS) from Brazil for the period January 1,
2008, through December 31, 2008. Based on the results of our
verification and the analysis of the comments received, the Department
has made certain revisions to the subsidy rates for the respondent,
Usinas Siderurgicas de Minas Gerais (USIMINAS) and its subsidiary,
Companhia Siderurgica Paulista (COSIPA). The final subsidy rate for the
reviewed company is listed below in the section entitled ``Final
Results of Review.''
DATES: Effective Date: April 25, 2011.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo, Justin Neuman or Milton
Koch, AD/CVD Operations, Office 6, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2371, (202) 482-0486 and (202) 482-2584, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the issuance of Certain Hot-Rolled Flat-Rolled Carbon-Quality
Steel Products From Brazil: Preliminary Results of Countervailing Duty
Administrative Review, 75 FR 64700 (October 20, 2010) (Preliminary
Results), the following events have occurred. The Department issued its
third supplemental questionnaire to the Government of Brazil (GOB) and
to USIMINAS/COSIPA on November 9, 2010. On the same day, the Department
informed parties of the postponement of the briefing schedule. The GOB
and USIMINAS/COSIPA filed their responses on November 23, 2010, and
December 3, 2010, respectively. On December 13, 2010, the United States
Steel Corporation (USS or petitioner) submitted factual information in
rebuttal to information contained in USIMINAS/COSIPA's December 3, 2010
questionnaire response. On January 6, 2011, the Department issued a
fourth supplemental questionnaire to USIMINAS/COSIPA and the company
submitted its response on January 19, 2011. On January 20, 2011, the
Department placed on the record information from the investigation of
cold-rolled steel and the prior administrative review of the instant
order on HRS. See Memorandum to The File from Justin M. Neuman,
Analyst, Certain Hot-Rolled Carbon Steel Flat Products from Brazil:
Additional Programs Memorandum and Calculation Memorandum, Certain Hot-
Rolled Carbon Steel Flat Products from Brazil, dated January 20, 2011.
On December 14, 2010, the Department extended the deadline for the
final results from February 17, 2011 to April 18, 2011. See Certain
Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From Brazil:
Extension of Time Limit for Final Results of Countervailing Duty
Administrative Review, 75 FR 77828 (December 14, 2010).
On January 21, 2011, USS submitted comments in light of the
Department's planned verification. In accordance with section 782(i) of
the Tariff Act of 1930, as amended (``the Act'') the Department
conducted verification in Brazil of the questionnaire responses of
USIMINAS/COSIPA from January 24 to January 27, 2011, and of one program
of the GOB on January 28, 2011. See Memorandum to
[[Page 22869]]
The File from Myrna Lobo, International Trade Compliance Analyst,
through Dana S. Mermelstein, Program Manager, Countervailing Duty
Administrative Review of Certain Hot-Rolled Flat-Rolled Carbon-Quality
Steel Products from Brazil: Verification of the Questionnaire Responses
Submitted by Usinas Siderurgicas de Minas Gerais (USIMINAS) and
Companhia Siderurgica Paulista (COSIPA), dated March 7, 2011; see also
Memorandum to The File from Myrna Lobo, International Trade Compliance
Analyst, through Dana S. Mermelstein, Program Manager, Countervailing
Duty Administrative Review of Certain Hot-Rolled Flat-Rolled Carbon-
Quality Steel Products from Brazil: Verification of the Questionnaire
Responses Submitted by the Government of Brazil, dated March 7, 2011.
On March 3, 2011, the Department issued a post-preliminary analysis
memorandum on the countervailability of the FINEM loan program. See
Memorandum to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration from Christian Marsh, Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, Countervailing Duty
Administrative Review of Certain Hot-Rolled Flat-Rolled Carbon-Quality
Steel Products from Brazil: Post-Preliminary Analysis Regarding the
Provision of FINEM Loans, dated March 3, 2011 (Post-Preliminary
Decision). On March 9, 2011, the Department notified parties of the
briefing schedule, inviting comments on the Preliminary Results and the
Post-Preliminary Decision. The Department received case briefs and
rebuttal briefs from USS, Nucor Corporation (Nucor), a domestic
interested party, and USIMINAS/COSIPA.\1\ Timely requests for a hearing
were submitted by USS and Nucor; however, both parties subsequently
withdrew their hearing requests.
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\1\ The Department rejected USIMINAS/COSIPA's case brief
received on March 16, 2011, because it contained untimely new
factual information. See Letter to USIMINAS/COSIPA from the
Department, Re: Countervailing Duty Administrative Review: Certain
Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from Brazil
(March 17, 2011). Subsequently, the Department allowed USIMINAS/
COSIPA to resubmit its case brief without the untimely factual
information, which it received on March 18, 2011.
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Period of Review
The period for which we are measuring subsidies, i.e., the period
of review (POR), is January 1, 2008, through December 31, 2008.
Scope of the Order
For purposes of this review, the products covered are certain hot-
rolled flat-rolled carbon-quality steel products of a rectangular
shape, of a width of 0.5 inch or greater, neither clad, plated, nor
coated with metal and whether or not painted, varnished, or coated with
plastics or other non-metallic substances, in coils (whether or not in
successively superimposed layers) regardless of thickness, and in
straight lengths, of a thickness less than 4.75 mm and of a width
measuring at least 10 times the thickness. Universal mill plate (i.e.,
flat-rolled products rolled on four faces or in a closed box pass, of a
width exceeding 150 mm, but not exceeding 1250 mm and of a thickness of
not less than 4 mm, not in coils and without patterns in relief) of a
thickness not less than 4.0 mm is not included within the scope of the
order.
Specifically included in the scope are vacuum degassed, fully
stabilized (commonly referred to as interstitial-free (``IF'')) steels,
high strength low alloy (``HSLA'') steels, and the substrate for motor
lamination steels. IF steels are recognized as low carbon steels with
micro-alloying levels of elements such as titanium and/or niobium added
to stabilize carbon and nitrogen elements. HSLA steels are recognized
as steels with micro-alloying levels of elements such as chromium,
copper, niobium, titanium, vanadium, and molybdenum. The substrate for
motor lamination steels contains micro-alloying levels of elements such
as silicon and aluminum.
Steel products to be included in the scope of the order, regardless
of HTSUS definitions, are products in which: (1) Iron predominates, by
weight, over each of the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and (3) none of the elements
listed below 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 0.012 percent of boron, 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 of zirconium.
All products that meet the physical and chemical description
provided above are within the scope of the order unless otherwise
excluded. The following products, by way of example, are outside and/or
specifically excluded from the scope of the order:
Alloy hot-rolled steel products in which at least one of
the chemical elements exceeds those listed above (including e.g., ASTM
specifications A543, A387, A514, A517, and A506).
SAE/AISI grades of series 2300 and higher.
Ball bearing steels, as defined in the HTSUS.
Tool steels, as defined in the HTSUS.
Silico-manganese (as defined in the HTSUS) or silicon
electrical steel with a silicon level exceeding 1.50 percent.
ASTM specifications A710 and A736.
USS Abrasion-resistant steels (USS AR 400, USS AR 500).
Hot-rolled steel coil which meets the following chemical,
physical and mechanical specifications:
[In percent]
----------------------------------------------------------------------------------------------------------------
C Mn (max) P (max) S (max) Si Cr Cu Ni (max)
----------------------------------------------------------------------------------------------------------------
0.10-0.14 0.90 0.025 0.005 0.30-0.50 0.30-0.50 0.20-0.40 0.20
----------------------------------------------------------------------------------------------------------------
Width = 44.80 inches maximum; Thickness = 0.063-0.198 inches; Yield Strength = 50,000 ksi minimum; Tensile
Strength = 70,000-88,000 psi.
Hot-rolled steel coil which meets the following chemical,
physical and mechanical specifications:
[[Page 22870]]
[In percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
C Mn P (max) S (max) Si Cr Cu (max) Ni (max) Mo
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.10-0.16 0.70-0.90 0.025 0.006 0.30-0.50 0.30-0.50 0.25 0.20 0.21
--------------------------------------------------------------------------------------------------------------------------------------------------------
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim.
Hot-rolled steel coil which meets the following chemical,
physical and mechanical specifications:
[In percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
C Mn P (max) S (max) Si Cr Cu Ni (max) V (wt.) (max) Cb (max)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.10-0.14 1.30-1.80 0.025 0.005 0.30-0.50 0.50-0.70 0.20-0.40 0.20 0.10 0.08
--------------------------------------------------------------------------------------------------------------------------------------------------------
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim.
Hot-rolled steel coil which meets the following chemical,
physical and mechanical specifications:
[In percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
C (max) Mn (max) P (max) S (max) Si (max) Cr (max) Cu (max) Ni (max) Nb (min) Ca Al
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.15 1.40 0.025 0.010 0.50 1.00 0.50 0.20 0.005 Treated 0.01-0.07
--------------------------------------------------------------------------------------------------------------------------------------------------------
Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield Strength = 70,000 psi minimum for thicknesses <= 0.148 inches and 65,000 psi minimum for
thicknesses > 0.148 inches; Tensile Strength = 80,000 psi minimum.
Hot-rolled dual phase steel, phase-hardened, primarily
with a ferritic-martensitic microstructure, contains 0.9 percent up to
and including 1.5 percent silicon by weight, further characterized by
either (i) tensile strength between 540 N/mm2 and 640 N/mm2 and an
elongation percentage >= 26 percent for thicknesses of 2 mm and above,
or (ii) a tensile strength between 590 N/mm2 and 690 N/mm2 and an
elongation percentage >= 25 percent for thicknesses of 2 mm and above.
Hot-rolled bearing quality steel, SAE grade 1050, in
coils, with an inclusion rating of 1.0 maximum per ASTM E 45, Method A,
with excellent surface quality and chemistry restrictions as follows:
0.012 percent maximum phosphorus, 0.015 percent maximum sulfur, and
0.20 percent maximum residuals including 0.15 percent maximum chromium.
Grade ASTM A570-50 hot-rolled steel sheet in coils or cut
lengths, width of 74 inches (nominal, within ASTM tolerances),
thickness of 11 gauge (0.119 inch nominal), mill edge and skin passed,
with a minimum copper content of 0.20%.
The merchandise subject to the order is classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings:
7208.10.15.00, 7208.10.30.00, 7208.10.60.00, 7208.25.30.00,
7208.25.60.00, 7208.26.00.30, 7208.26.00.60, 7208.27.00.30,
7208.27.00.60, 7208.36.00.30, 7208.36.00.60, 7208.37.00.30,
7208.37.00.60, 7208.38.00.15, 7208.38.00.30, 7208.38.00.90,
7208.39.00.15, 7208.39.00.30, 7208.39.00.90, 7208.40.60.30,
7208.40.60.60, 7208.53.00.00, 7208.54.00.00, 7208.90.00.00,
7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 7211.14.00.90,
7211.19.15.00, 7211.19.20.00, 7211.19.30.00, 7211.19.45.00,
7211.19.60.00, 7211.19.75.30, 7211.19.75.60, 7211.19.75.90,
7212.40.10.00, 7212.40.50.00, 7212.50.00.00. Certain hot-rolled flat-
rolled carbon-quality steel covered by the order, including: vacuum
degassed, fully stabilized; high strength low alloy; and the substrate
for motor lamination steel may also enter under the following tariff
numbers: 7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise covered by the order is
dispositive.
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs by parties
to this administrative review are addressed in the Issues and Decision
Memorandum for the Final Results of the Countervailing Duty
Administrative Review of Certain Hot-Rolled Flat-Rolled Carbon-Quality
Steel Products from Brazil, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to Ronald
K. Lorentzen, Deputy Assistant Secretary for Import Administration,
dated concurrently with this notice (Issues and Decision Memorandum),
and which is hereby adopted by this notice. The Issues and Decision
Memorandum also contains a complete analysis of the programs covered by
this review, the methodologies used to calculate the subsidy rates, and
discusses any changes since the Preliminary Results and Post-
Preliminary Decision to the subsidy rates. A list of the comments
raised in the briefs and addressed in the Issues and Decision
Memorandum is appended to this notice. The Issues and Decision
Memorandum is on file in the Central Records Unit (CRU), Room 7046 of
the main Department building, and can be accessed directly on the Web
at https://ia.ita.doc.gov/frn.
[[Page 22871]]
Changes Since the Preliminary Results
Based on the results of verification, our consideration of
information submitted by USIMINAS/COSIPA and the GOB in supplemental
questionnaire responses received subsequent to the issuance of the
Preliminary Results, and our analysis of comments received, we have
made changes to the calculations of the Preliminary Results and Post-
Preliminary Decision. These changes are discussed in detail in the
Issues and Decision Memorandum, and the Memorandum to the File from The
Team, Calculations for the Final Results: Usinas Siderurgicas de Minas
Gerais S.A. and Companhia Siderugica Paulista (USIMINAS/COSIPA), dated
concurrently with this notice, a public version of which is on file in
the CRU.
Final Results of Review
In accordance with section 751(a)(1)(A) of the Act and 19 CFR
351.221(b)(5), we calculated a net subsidy for USIMINAS/COSIPA, the
only producer/exporter subject to this review, of 0.46 percent ad
valorem. This rate is de minimis. See 19 CFR 351.106(c)(1).
Assessment and Cash Deposit Instructions
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15 days after the date of
publication of these final results of review. The Department will
instruct CBP to liquidate shipments of subject merchandise by USIMINAS/
COSIPA entered, or withdrawn from warehouse, for consumption on or
after January 1, 2008, through December 31, 2008, without regard to
countervailing duties. We will also instruct CBP to collect cash
deposits for USIMINAS/COSIPA at the rate of 0.00 percent on all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of these
final results of review. The cash deposit rates for all companies not
covered by this review are not changed by the results of this review.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
the APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or 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 final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 18, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
List of Issues Addressed in the Issues and Decision Memorandum
Comment 1: Whether it is Appropriate to Apply Adverse Facts
Available to Find the FINEM Loans Countervailable
Comment 2: Selection of an Appropriate Benchmark for BNDES Loans
Comment 3: Calculation of FOB Sales Value
[FR Doc. 2011-9965 Filed 4-22-11; 8:45 am]
BILLING CODE 3510-DS-P
