Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Preliminary Results of 2009-2010 Antidumping Duty Administrative Review, 31938-31940 [2011-13706]
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31938
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: May 25, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–13713 Filed 6–1–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–820]
Certain Hot-Rolled Carbon Steel Flat
Products From India: Notice of
Preliminary Results of 2009–2010
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
petitioners,1 the Department of
Commerce (‘‘the Department’’) is
conducting an administrative review of
the antidumping duty order on certain
hot-rolled carbon steel flat products
from India (‘‘hot-rolled steel’’)
manufactured by Ispat Industries
Limited (‘‘Ispat’’), JSW Steel Limited
(‘‘JSW’’), and Tata Steel Limited (‘‘Tata’’).
The period of review (‘‘POR’’) is
December 1, 2009, through November
30, 2010. We preliminarily determine
that Ispat, JSW, and Tata had no entries
of subject merchandise during the POR.
Interested parties are invited to
comment on these preliminary results.
We intend to issue the final results no
later than 120 days from the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (‘‘the Act’’).
DATES: Effective Date: June 2, 2011.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett or James Terpstra,
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) 482–4161 and (202)
482–3965, respectively.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK2BSOYB1PROD with NOTICES
AGENCY:
Background
On December 3, 2001, the Department
published in the Federal Register the
1 The petitioners are the United States Steel
Corporation Steel and Nucor Corporation
(collectively ‘‘petitioners’’).
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Jkt 223001
antidumping duty order on Indian hotrolled steel. See Notice of Amended
Final Antidumping Duty Determination
of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain HotRolled Carbon Steel Flat Products From
India, 66 FR 60194 (December 3, 2001)
(‘‘Amended Final Determination’’). On
December 1, 2010, the Department
published in the Federal Register a
notice titled ‘‘Opportunity to Request
Administrative Review’’ of the
antidumping duty order on Indian hotrolled steel. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
To Request Administrative Review, 75
FR 74682 (December 1, 2010). On
December 30, 2010, and January 3, 2011,
petitioners requested an administrative
review of the antidumping duty order
on Indian hot-rolled steel, for subject
merchandise produced or exported by
Ispat, JSW, and Tata. On January 28,
2011, the Department published a notice
of initiation of antidumping duty
administrative review of Indian hotrolled steel for the period December 1,
2009, through November 30, 2010. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 76 FR 5137 (January 28, 2011)
(‘‘Initiation Notice’’). On January 31,
2011, February 4, 2011, and February
15, 2011, respectively, JSW, Ispat and
Tata each informed the Department that
they did not have shipments of subject
merchandise to the United States during
the POR.
On April 11, 2011, the Department
placed on the record and invited
interested parties to comment on U.S.
Customs and Border Protection (‘‘CBP’’)
data obtained to corroborate the claims
of the respondents. See Memorandum to
the File from Christopher Hargett,
International Trade Compliance
Analyst, through Melissa Skinner,
Office Director, concerning ‘‘Certain Hot
Rolled Carbon Steel Flat Products from
India: Customs and Border Protection
(‘‘CBP’’) Data for Corroboration of Claims
of No Shipments,’’ dated April 11, 2011
(‘‘CBP Data Memo’’). We received no
comments regarding the CBP data.
On May 13, 2011, the Department
placed on the record the April 13, 2011,
inquiry of no shipments to CBP from the
Department. See Memorandum to the
File from Christopher Hargett,
International Trade Compliance
Analyst, through Melissa Skinner,
Office Director, concerning ‘‘Certain
Hot-Rolled Carbon Steel Flat Products
from India: Customs No Shipments
Inquiry,’’ dated May 13, 2011. The
Department did not receive a reply from
CBP regarding its inquiry.
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Period of Review
The POR covered by this review is
December 1, 2009, through November
30, 2010.
Scope of the Order
The merchandise subject to this order
is certain hot-rolled carbon steel flat
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 nonmetallic substances, in coils (whether or
not in successively superimposed
layers), regardless of thickness, and in
straight lengths, of a thickness of 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
this order.
Specifically included in the scope of
this order are vacuum-degassed, fully
stabilized (commonly referred to as
interstitial-free (‘‘IF’’)) steels, highstrength low-alloy (‘‘HSLA’’) steels, and
the substrate for motor lamination
steels. IF steels are recognized as lowcarbon steels with micro-alloying levels
of elements such as titanium or niobium
(also commonly referred to as
columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA
steels are recognized as steels with
micro-alloying levels of elements such
as chromium, copper, niobium,
vanadium, and molybdenum. The
substrate for motor lamination steels
contains micro-alloying levels of
elements such as silicon and aluminum.
Steel products included in the scope
of this order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’), are products
in which: (i) Iron predominates, by
weight, over each of the other contained
elements; (ii) the carbon content is 2
percent or less, by weight; and (iii) none
of the elements listed below exceeds the
quantity, by weight, respectively
indicated:
1.80 percent of manganese, or 2.25
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 0.15 percent of vanadium,
or 0.15 percent of zirconium.
E:\FR\FM\02JNN1.SGM
02JNN1
emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
All products that meet the physical
and chemical description provided
above are within the scope of this order
unless otherwise excluded. The
following products, by way of example,
are outside or specifically excluded
from the scope of this order:
• Alloy hot-rolled carbon steel
products in which at least one of the
chemical elements exceeds those listed
above (including, e.g., American Society
for Testing and Materials (‘‘ASTM’’)
specifications A543, A387, A514, A517,
A506).
• Society of Automotive Engineers
(‘‘SAE’’)/American Iron & Steel Institute
(‘‘AISI’’) grades of series 2300 and
higher.
• Ball bearings 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 2.25 percent.
• ASTM specifications A710 and
A736.
• United States Steel (‘‘USS’’)
Abrasion-resistant steels (USS AR 400,
USS AR 500).
• All products (proprietary or
otherwise) based on an alloy ASTM
specification (sample specifications:
ASTM A506, A507).
• Non-rectangular shapes, not in
coils, which are the result of having
been processed by cutting or stamping
and which have assumed the character
of articles or products classified outside
chapter 72 of the HTSUS.
The merchandise subject to this order
is currently classifiable in the 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, 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, and 7211.19.75.90.
Certain hot-rolled carbon steel covered
by this order, including: Vacuumdegassed 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,
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Jkt 223001
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. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise subject to this order is
dispositive.
Preliminary Results of Review
As noted in the ‘‘Background’’ section
above, Ispat, Tata and JSW have each
submitted timely-filed certifications
indicating that they had no shipments of
subject merchandise to the United
States during the POR.
On April 11, 2011, the Department
released to interested parties the CBP
data it intended to use for corroboration
of the respondents’ claims. See CBP
Data Memo. The Department received
no comments.
Based on the claims of the parties and
our analysis of CBP data, we
preliminarily determine that the
evidence on the record indicates that
Tata, Ispat, and JSW did not export
subject merchandise to the United
States during the POR.
Disclosure
The Department will disclose these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b).
Comments
Interested parties are invited to
comment on the preliminary results and
may submit case briefs and/or written
comments within 30 days of the date of
publication of this notice. See 19 CFR
351.309(c)(1)(ii). Rebuttal briefs, limited
to issues raised in the case briefs, will
be due five days later, pursuant to 19
CFR 351.309(d). Parties who submit
case or rebuttal briefs in this proceeding
are requested to submit with each
argument (1) a statement of the issue,
and (2) a brief summary of the
argument. Parties are requested to
provide a summary of the arguments not
to exceed five pages and a table of
statutes, regulations, and cases cited.
See 19 CFR 351.309(c)(2). Additionally,
parties are requested to provide their
case brief and rebuttal briefs in
electronic format (e.g., Microsoft Word,
pdf, etc.). Interested parties, who wish
to request a hearing or to participate if
one is requested, must submit a written
request to the Assistant Secretary for
Import Administration within 30 days
PO 00000
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Fmt 4703
Sfmt 4703
31939
of the date of publication of this notice.
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. See 19
CFR 351.310(c). Issues raised in the
hearing will be limited to those raised
in case and rebuttal briefs. The
Department will issue the final results
of this review, including the results of
its analysis of issues raised in any such
written briefs or at the hearing, if held,
not later than 120 days after the date of
publication of this notice.
Assessment Rate
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after the
publication of the final results of this
review.
Since the implementation of the 1997
regulations, our practice concerning noshipment respondents has been to
rescind the administrative review if the
respondent certifies that it had no
shipments and we have confirmed
through our examination of CBP data
that there were no shipments of subject
merchandise during the POR. See
Antidumping Duties; Countervailing
Duties, 62 FR 27296, 27393 (May 19,
1997). As a result, in such
circumstances, we normally instruct
CBP to liquidate any entries from the
no-shipment company at the deposit
rate in effect on the date of entry.
In our May 6, 2003, ‘‘automatic
assessment’’ clarification, we explained
that, where respondents in an
administrative review demonstrate that
they had no knowledge of sales through
resellers to the United States, we would
instruct CBP to liquidate such entries at
the all-others rate applicable to the
proceeding. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Policy Notice).
Because ‘‘as entered’’ liquidation
instructions do not alleviate the
concerns which the May 2003
clarification was intended to address,
we find it appropriate in this case to
instruct CBP to liquidate any existing
entries of merchandise produced by
Ispat, JSW, or Tata and exported by
other parties at the all-others rate,
should we continue to find that Ispat,
Tata and JSW had no shipments of
subject merchandise to the United
States in our final results. See, e.g.,
Magnesium Metal From the Russian
Federation: Final Results of
Antidumping Duty Administrative
Review, 75 FR 56989 (September 17,
2010). In addition, the Department finds
that it is more consistent with the May
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02JNN1
31940
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
2003 clarification not to rescind the
review in part in these circumstances
but, rather, to complete the review with
respect to Ispat, JSW, and Tata and issue
appropriate instructions to CBP based
on the final results of the review.
emcdonald on DSK2BSOYB1PROD with NOTICES
Cash Deposit Requirements
The following deposit rates will be
effective upon publication of the final
results of this administrative review for
all shipments of hot-rolled carbon steel
flat products from India entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) For Ispat, JSW, and Tata,
and for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent final results in which
that manufacturer or exporter
participated; (2) if the exporter is not a
firm covered in these reviews, a prior
review, or the original less-than-fairvalue (‘‘LTFV’’) investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent final results for the manufacturer
of the merchandise; and (3) if neither
the exporter nor the manufacturer is a
firm covered in this or any previous
review or the LTFV conducted by the
Department, the cash deposit rate will
be 23.87 percent, the all-others rate
established in the LTFV, as amended,
adjusted for export subsidies. See
Certain Hot-Rolled Carbon Steel Flat
Products from India: Final Results of
Antidumping Duty Administrative
Review, 69 FR 36060, 36062 n.2 (June
28, 2004) (‘‘India Hot-Rolled First
Review’’) (‘‘The ‘all others’ cash deposit
rate, applied by {CBP}, is reduced to
account for the export subsidy rate
found in the countervailing duty
investigation. The adjusted ‘all others’
rate is 23.87 percent.’’); Amended Final
Determination. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and countervailing duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping and countervailing duties
occurred and the subsequent assessment
of double antidumping and
countervailing duties.
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16:40 Jun 01, 2011
Jkt 223001
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.221(b)(4).
Dated: May 26, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–13706 Filed 6–1–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–814]
Circular Welded Non-Alloy Steel Pipe
From Taiwan: Notice of Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
an interested party, the Department of
Commerce (the Department) initiated an
administrative review of the
antidumping duty order on circular
welded non-alloy steel pipe from
Taiwan. The period of review is
November 1, 2009, through October 31,
2010. Based on the withdrawal of
request for review submitted by United
States Steel Corporation (Petitioner), we
are now rescinding this administrative
review.
DATES: Effective Date: June 2, 2011.
FOR FURTHER INFORMATION CONTACT:
Steve Bezirganian or Robert James,
AD/CVD Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1131 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 1, 2010, the Department
published a notice announcing an
opportunity for interested parties to
request an administrative review of the
antidumping duty order on circular
welded non-alloy steel pipe from
Taiwan. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
To Request Administrative Review, 75
FR 67079 (November 1, 2010). On
November 30, 2010, the Petitioner filed
a request that the Department initiate an
administrative review of the
antidumping duty order on circular
welded non-alloy steel pipe from
Taiwan with respect to the following
PO 00000
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Fmt 4703
Sfmt 4703
four companies: Far East Machinery Co.,
Ltd., Kao Hsing Chang Iron & Steel
Corp. (also known as Kao Hsiung Chang
Iron & Steel Corp.), Yieh Phui Enterprise
Co., Ltd., and Chung Hung Steel
Corporation (also known as Chung Hung
Steel Co., Ltd.). Based on Petitioner’s
request, on December 28, 2010, the
Department published in the Federal
Register a notice of initiation of an
administrative review of the
antidumping duty order on circular
welded non-alloy steel pipe from
Taiwan covering the period November
1, 2009, through October 31, 2010. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 75 FR 81565, 81567 (December 28,
2010). On May 4, 2011, Petitioner
submitted a letter withdrawing its
request for a review of the order with
respect to all four of the respondent
companies.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1) of
the Department’s regulations, the
Department will rescind an
administrative review if the party that
requested the review withdraws its
request for review within 90 days of the
publication of the notice of initiation of
the requested review, or withdraws at a
later date if the Department determines
it is reasonable to extend the time limit
for withdrawing the request. Therefore,
although Petitioner withdrew its request
after the 90-day deadline, the
Department has the discretion to extend
this time limit. Consistent with the
Department’s practice, we find it
reasonable to extend the withdrawal
deadline and to rescind the review with
respect to the four respondents because
the Department has not devoted
significant time or resources to the
review. See, e.g., Welded Large Diameter
Line Pipe From Japan: Notice of
Rescission of Antidumping Duty
Administrative Review, 75 FR 38989,
38990 (July 7, 2010); see also Persulfates
from the People’s Republic of China:
Notice of Rescission of Antidumping
Duty Administrative Review, 71 FR
13810, 13811 (March 17, 2006).
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. For the four
respondent companies, antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
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]]>Agencies
[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 31938-31940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13706]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-820]
Certain Hot-Rolled Carbon Steel Flat Products From India: Notice
of Preliminary Results of 2009-2010 Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from petitioners,\1\ the Department of
Commerce (``the Department'') is conducting an administrative review of
the antidumping duty order on certain hot-rolled carbon steel flat
products from India (``hot-rolled steel'') manufactured by Ispat
Industries Limited (``Ispat''), JSW Steel Limited (``JSW''), and Tata
Steel Limited (``Tata''). The period of review (``POR'') is December 1,
2009, through November 30, 2010. We preliminarily determine that Ispat,
JSW, and Tata had no entries of subject merchandise during the POR.
---------------------------------------------------------------------------
\1\ The petitioners are the United States Steel Corporation
Steel and Nucor Corporation (collectively ``petitioners'').
---------------------------------------------------------------------------
Interested parties are invited to comment on these preliminary
results. We intend to issue the final results no later than 120 days
from the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act'').
DATES: Effective Date: June 2, 2011.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett or James Terpstra,
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-
4161 and (202) 482-3965, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 3, 2001, the Department published in the Federal
Register the antidumping duty order on Indian hot-rolled steel. See
Notice of Amended Final Antidumping Duty Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Certain Hot-Rolled Carbon
Steel Flat Products From India, 66 FR 60194 (December 3, 2001)
(``Amended Final Determination''). On December 1, 2010, the Department
published in the Federal Register a notice titled ``Opportunity to
Request Administrative Review'' of the antidumping duty order on Indian
hot-rolled steel. See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity To Request
Administrative Review, 75 FR 74682 (December 1, 2010). On December 30,
2010, and January 3, 2011, petitioners requested an administrative
review of the antidumping duty order on Indian hot-rolled steel, for
subject merchandise produced or exported by Ispat, JSW, and Tata. On
January 28, 2011, the Department published a notice of initiation of
antidumping duty administrative review of Indian hot-rolled steel for
the period December 1, 2009, through November 30, 2010. See Initiation
of Antidumping and Countervailing Duty Administrative Reviews, 76 FR
5137 (January 28, 2011) (``Initiation Notice''). On January 31, 2011,
February 4, 2011, and February 15, 2011, respectively, JSW, Ispat and
Tata each informed the Department that they did not have shipments of
subject merchandise to the United States during the POR.
On April 11, 2011, the Department placed on the record and invited
interested parties to comment on U.S. Customs and Border Protection
(``CBP'') data obtained to corroborate the claims of the respondents.
See Memorandum to the File from Christopher Hargett, International
Trade Compliance Analyst, through Melissa Skinner, Office Director,
concerning ``Certain Hot Rolled Carbon Steel Flat Products from India:
Customs and Border Protection (``CBP'') Data for Corroboration of
Claims of No Shipments,'' dated April 11, 2011 (``CBP Data Memo''). We
received no comments regarding the CBP data.
On May 13, 2011, the Department placed on the record the April 13,
2011, inquiry of no shipments to CBP from the Department. See
Memorandum to the File from Christopher Hargett, International Trade
Compliance Analyst, through Melissa Skinner, Office Director,
concerning ``Certain Hot-Rolled Carbon Steel Flat Products from India:
Customs No Shipments Inquiry,'' dated May 13, 2011. The Department did
not receive a reply from CBP regarding its inquiry.
Period of Review
The POR covered by this review is December 1, 2009, through
November 30, 2010.
Scope of the Order
The merchandise subject to this order is certain hot-rolled carbon
steel flat 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 of 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 this order.
Specifically included in the scope of this order 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
or niobium (also commonly referred to as columbium), or both, added to
stabilize carbon and nitrogen elements. HSLA steels are recognized as
steels with micro-alloying levels of elements such as chromium, copper,
niobium, vanadium, and molybdenum. The substrate for motor lamination
steels contains micro-alloying levels of elements such as silicon and
aluminum.
Steel products included in the scope of this order, regardless of
definitions in the Harmonized Tariff Schedule of the United States
(``HTSUS''), are products in which: (i) Iron predominates, by weight,
over each of the other contained elements; (ii) the carbon content is 2
percent or less, by weight; and (iii) none of the elements listed below
exceeds the quantity, by weight, respectively indicated:
1.80 percent of manganese, or 2.25 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 0.15 percent of vanadium, or
0.15 percent of zirconium.
[[Page 31939]]
All products that meet the physical and chemical description
provided above are within the scope of this order unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of this order:
Alloy hot-rolled carbon steel products in which at least
one of the chemical elements exceeds those listed above (including,
e.g., American Society for Testing and Materials (``ASTM'')
specifications A543, A387, A514, A517, A506).
Society of Automotive Engineers (``SAE'')/American Iron &
Steel Institute (``AISI'') grades of series 2300 and higher.
Ball bearings 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 2.25 percent.
ASTM specifications A710 and A736.
United States Steel (``USS'') Abrasion-resistant steels
(USS AR 400, USS AR 500).
All products (proprietary or otherwise) based on an alloy
ASTM specification (sample specifications: ASTM A506, A507).
Non-rectangular shapes, not in coils, which are the result
of having been processed by cutting or stamping and which have assumed
the character of articles or products classified outside chapter 72 of
the HTSUS.
The merchandise subject to this order is currently classifiable in
the 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, 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, and 7211.19.75.90. Certain hot-rolled carbon steel
covered by this 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. Subject merchandise may also enter
under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 7212.40.10.00,
7212.40.50.00, and 7212.50.00.00. Although the HTSUS subheadings are
provided for convenience and customs purposes, the Department's written
description of the merchandise subject to this order is dispositive.
Preliminary Results of Review
As noted in the ``Background'' section above, Ispat, Tata and JSW
have each submitted timely-filed certifications indicating that they
had no shipments of subject merchandise to the United States during the
POR.
On April 11, 2011, the Department released to interested parties
the CBP data it intended to use for corroboration of the respondents'
claims. See CBP Data Memo. The Department received no comments.
Based on the claims of the parties and our analysis of CBP data, we
preliminarily determine that the evidence on the record indicates that
Tata, Ispat, and JSW did not export subject merchandise to the United
States during the POR.
Disclosure
The Department will disclose these preliminary results to the
parties within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Comments
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments within 30
days of the date of publication of this notice. See 19 CFR
351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the
case briefs, will be due five days later, pursuant to 19 CFR
351.309(d). Parties who submit case or rebuttal briefs in this
proceeding are requested to submit with each argument (1) a statement
of the issue, and (2) a brief summary of the argument. Parties are
requested to provide a summary of the arguments not to exceed five
pages and a table of statutes, regulations, and cases cited. See 19 CFR
351.309(c)(2). Additionally, parties are requested to provide their
case brief and rebuttal briefs in electronic format (e.g., Microsoft
Word, pdf, etc.). Interested parties, who wish to request a hearing or
to participate if one is requested, must submit a written request to
the Assistant Secretary for Import Administration within 30 days of the
date of publication of this notice. Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. See 19 CFR
351.310(c). Issues raised in the hearing will be limited to those
raised in case and rebuttal briefs. The Department will issue the final
results of this review, including the results of its analysis of issues
raised in any such written briefs or at the hearing, if held, not later
than 120 days after the date of publication of this notice.
Assessment Rate
The Department intends to issue appropriate assessment instructions
directly to CBP 15 days after the publication of the final results of
this review.
Since the implementation of the 1997 regulations, our practice
concerning no-shipment respondents has been to rescind the
administrative review if the respondent certifies that it had no
shipments and we have confirmed through our examination of CBP data
that there were no shipments of subject merchandise during the POR. See
Antidumping Duties; Countervailing Duties, 62 FR 27296, 27393 (May 19,
1997). As a result, in such circumstances, we normally instruct CBP to
liquidate any entries from the no-shipment company at the deposit rate
in effect on the date of entry.
In our May 6, 2003, ``automatic assessment'' clarification, we
explained that, where respondents in an administrative review
demonstrate that they had no knowledge of sales through resellers to
the United States, we would instruct CBP to liquidate such entries at
the all-others rate applicable to the proceeding. See Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
Because ``as entered'' liquidation instructions do not alleviate
the concerns which the May 2003 clarification was intended to address,
we find it appropriate in this case to instruct CBP to liquidate any
existing entries of merchandise produced by Ispat, JSW, or Tata and
exported by other parties at the all-others rate, should we continue to
find that Ispat, Tata and JSW had no shipments of subject merchandise
to the United States in our final results. See, e.g., Magnesium Metal
From the Russian Federation: Final Results of Antidumping Duty
Administrative Review, 75 FR 56989 (September 17, 2010). In addition,
the Department finds that it is more consistent with the May
[[Page 31940]]
2003 clarification not to rescind the review in part in these
circumstances but, rather, to complete the review with respect to
Ispat, JSW, and Tata and issue appropriate instructions to CBP based on
the final results of the review.
Cash Deposit Requirements
The following deposit rates will be effective upon publication of
the final results of this administrative review for all shipments of
hot-rolled carbon steel flat products from India entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For Ispat, JSW, and
Tata, and for previously reviewed or investigated companies not listed
above, the cash deposit rate will continue to be the company-specific
rate published for the most recent final results in which that
manufacturer or exporter participated; (2) if the exporter is not a
firm covered in these reviews, a prior review, or the original less-
than-fair-value (``LTFV'') investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recent
final results for the manufacturer of the merchandise; and (3) if
neither the exporter nor the manufacturer is a firm covered in this or
any previous review or the LTFV conducted by the Department, the cash
deposit rate will be 23.87 percent, the all-others rate established in
the LTFV, as amended, adjusted for export subsidies. See Certain Hot-
Rolled Carbon Steel Flat Products from India: Final Results of
Antidumping Duty Administrative Review, 69 FR 36060, 36062 n.2 (June
28, 2004) (``India Hot-Rolled First Review'') (``The `all others' cash
deposit rate, applied by {CBP{time} , is reduced to account for the
export subsidy rate found in the countervailing duty investigation. The
adjusted `all others' rate is 23.87 percent.''); Amended Final
Determination. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping and countervailing duties
occurred and the subsequent assessment of double antidumping and
countervailing duties.
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.221(b)(4).
Dated: May 26, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-13706 Filed 6-1-11; 8:45 am]
BILLING CODE 3510-DS-P
