Certain Hot-Rolled Carbon Steel Flat Products From the People's Republic of China: Preliminary Intent To Rescind the Review, 48143-48145 [2011-20076]
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Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Notices
this administrative review. Parties
commented on the Department’s
decision to deny Jiangsu Jianghai a
separate rate. For the final results, the
Department has analyzed these
comments and continues to find that
Jiangsu Jianghai has not qualified for a
separate rate in this review and,
therefore, will be treated as part of the
PRC-wide entity.7
Use of Facts Available and Adverse
Facts Available (‘‘AFA’’)
In the Preliminary Results, the
Department preliminarily determined to
use an inference that is adverse to the
interests of the PRC-wide entity in
selecting from among the facts
otherwise available and assigned the
PRC-wide entity an AFA rate of 72.42
percent, which was the margin
calculated in the petition, as adjusted by
the Department for initiation. Parties
commented both on the Department’s
decision to apply AFA and the
Department’s choice of the AFA rate
assigned to the PRC-wide entity. For the
final results, the Department has
analyzed these comments and continues
to find that it is appropriate to assign an
AFA rate of 72.42 percent to the PRCwide entity.8
Corroboration of Secondary
Information
In the Preliminary Results, the
Department preliminarily determined
that the 72.42 percent petition rate has
probative value and, therefore, is
corroborated to the extent practicable, in
accordance with section 776(c) of the
Act. Parties commented on the
Department’s corroboration of the 72.42
percent petition rate. For the final
results, the Department has analyzed
these comments and continues to find
that the 72.42 percent petition rate is
corroborated to the extent practicable.9
Final Results of Review
The Department has determined that
the following weighted-average
dumping margins exist for the period
April 23, 2009, through March 31, 2010:
Antidumping
duty percent
margin
mstockstill on DSK4VPTVN1PROD with NOTICES
Exporter
PRC-Wide
7 See
Entity 10
...............
72.42
Issues and Decision Memorandum at Issue
2.
8 See Issues and Decision Memorandum at Issues
3–4.
9 See Issues and Decision Memorandum at Issue
4.
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18:57 Aug 05, 2011
Jkt 223001
Assessment Rates
Pursuant to 19 CFR 351.212, the
Department will determine, and
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. The
Department intends to instruct CBP to
liquidate entries containing subject
merchandise exported by the PRC-wide
entity at the PRC-wide rate the
Department determines in the final
results of this review. The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of the final results of
this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (2) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate established in the
final results of this review (i.e., 72.42
percent); and (3) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporters that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary 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
Secretary presuming that
reimbursement of antidumping duties
occurred and, subsequently, the
assessment of double antidumping
duties.
The Department is issuing and
publishing these final results of
10 Jiangsu
PO 00000
Jianghai is part of the PRC-wide entity.
Frm 00027
Fmt 4703
Sfmt 4703
48143
administrative review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(5).
Dated: August 2, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix
Issue 1: Whether the Department erred in
initiating this administrative review of
Jiangsu Jianghai
Issue 2: Whether Jiangsu Jianghai should be
considered part of the PRC-wide entity
Issue 3: Whether Jiangsu Jianghai should
receive a rate based on AFA
Issue 4: Whether the Department should
continue to assign the 72.42 percent
petition rate to the PRC-wide entity as the
AFA rate
[FR Doc. 2011–20040 Filed 8–5–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–865]
Certain Hot-Rolled Carbon Steel Flat
Products From the People’s Republic
of China: Preliminary Intent To
Rescind the Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on certain hotrolled carbon steel flat products (‘‘hotrolled’’) from the People’s Republic of
China (‘‘PRC’’) for the period of review
(‘‘POR’’) November 1, 2009, through
October 31, 2010. As discussed below,
we preliminarily intend to rescind this
review.
DATES: Effective Date: August 8, 2011.
FOR FURTHER INFORMATION CONTACT: Paul
Walker or Steven Hampton, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0413 or (202) 482–
0116, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 29, 2001, the
Department published the antidumping
duty order on hot-rolled from the PRC.
See Notice of the Antidumping Duty
Order: Certain Hot-Rolled Carbon Steel
Flat Products From the People’s
Republic of China, 66 FR 59561
(November 29, 2001) (‘‘Order’’). On
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08AUN1
mstockstill on DSK4VPTVN1PROD with NOTICES
48144
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Notices
November 30, 2010, Nucor Corporation
(‘‘Nucor’’), domestic producers of hotrolled, requested that the Department
conduct an administrative review of
Baosteel Group Corporation, Shanghai
Baosteel International Economic &
Trading Co., Ltd., and Baoshan Iron and
Steel Co., Ltd. (collectively ‘‘Baosteel’’).1
On December 28, 2010, the Department
published in the Federal Register a
notice of initiation for an administrative
review of the Order for the period
November 1, 2009, through October 31,
2010.2 On February 4, 2011, the
Department released the U.S. Customs
and Border Protection (‘‘CBP’’) data to
parties for comments. On February 10,
2011, Baosteel requested that the
Department obtain the customs entry
and commercial invoice documents
pertaining to the CBP data. On February
17, 2011, Baosteel submitted comments
on the CBP data. Baosteel claimed that
it did not export subject merchandise
during the POR and the CBP
information is either incorrect or relates
to non-subject merchandise which may
have been misclassified. On March 17,
2011, the Department released the U.S.
entry documents that it obtained from
CBP. On March 24, 2011, Nucor
submitted comments on the U.S. entry
documents and asked the Department to
issue a full questionnaire to Baosteel.
On March, 28, 2011, Baosteel submitted
rebuttal comments to Nucor’s March 24,
2011 submission. Baosteel claimed that
the entry documents do not reveal that
Baosteel sold subject merchandise to the
United States. On June 2, 2011, the
Department released the test report and
mill certificate for the merchandise at
issue, which it obtained from CBP. On
June 14, 2011, Nucor submitted
comments on the test report and mill
certificate. Nucor argued that subject
merchandise entered the United States
and stated that the Department should
issue questionnaires to Baosteel. On
June 14, 2011, Baosteel also submitted
comments on the test report and mill
certificate. Baosteel argued that the mere
fact that Baosteel is the manufacturer of
the product does not show that Baosteel
made sales of subject merchandise to
the United States. On June 16, 2011,
Baosteel submitted comments with an
excerpt from a recent determination in
which the Department clearly stated its
1 See Certain Hot-Rolled Carbon Steel Flat
Products from the People’s Republic of China: Final
Rescission of Antidumping Duty Administrative
Review, 74 FR 40165 (August 11, 2009), at n.1.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation In Part, 75 FR 81565
(December 28, 2010).
VerDate Mar<15>2010
18:57 Aug 05, 2011
Jkt 223001
policy regarding its knowledge test for
NME purposes.3
Scope of the Order
The products covered by the order are
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 4.0
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 within
the scope of the 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 the 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
3 Certain Oil Country Tubular Goods from the
People’s Republic of China: Final Determination of
Sales at Less Than Fair Value, Affirmative Final
Determination of Critical Circumstances and Final
Determination of Targeted Dumping, 75 FR 20335
(April 19, 2010), and accompanying Issues and
Decision Memorandum at Comment 31.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
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.
All products that meet the physical
and chemical description provided
above are within the scope of the order
unless otherwise excluded. The
following products, for example, are
outside 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., 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 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 2.25 percent.
• ASTM specifications A710 and
A736.
• 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 the order
is classified 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 flat
products covered by the order,
including: vacuum degassed fully
stabilized; high strength low alloy; and
the substrate for motor lamination steel
E:\FR\FM\08AUN1.SGM
08AUN1
Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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
written description of the merchandise
subject to the order is dispositive.
Preliminary Rescission of Review
The Department has analyzed all of
the information on the record regarding
alleged U.S. entries of subject
merchandise during the POR by
Baosteel. As noted above, the
Department placed information on the
record from CBP that indicated that
subject merchandise produced by
Baosteel may have entered the United
States during the POR. Because the
information found in the CBP
documentation is proprietary, for
further discussion of this issue please
see the Memorandum to the File,
through Scot T. Fullerton, Program
Manager, from Steven Hampton,
International Trade Analyst, ‘‘Certain
Hot-Rolled Carbon Steel Flat Products
from the People’s Republic of China:
Analysis of CBP Entry Documentation,’’
(‘‘Analysis of CBP Entry
Documentation’’) dated concurrently
with this notice. Based on its analysis of
the record information, the Department
preliminarily finds that the merchandise
from the entry documentation is not
subject to the scope of the antidumping
duty order on hot-rolled carbon steel flat
products from the PRC.4
Because there is no information on
the record which indicates that Baosteel
made sales, shipments, or entries to the
United States of subject merchandise
during the POR, and because Baosteel is
the only company subject to this
administrative review, in accordance
with 19 CFR 351.213(d)(3) and
consistent with our practice, we are
preliminarily rescinding this review of
the antidumping duty order on hotrolled from the PRC for the period of
November 1, 2009, through October 31,
2010.5 If the Department adopts these
preliminary results for its final results,
the cash deposit rate for Baosteel will
4 See
Analysis of CBP Entry Documentation.
5 See Final Rescission of Antidumping Duty
Administrative Review: Certain Hot-Rolled Carbon
Steel Flat Products from the People’s Republic of
China, 72 FR 41710 (July 31, 2007).
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18:57 Aug 05, 2011
Jkt 223001
continue to be the rate established in the
most recently completed segment of this
proceeding. If the Department continues
to find for its final results that the
merchandise is not subject to the scope
of the antidumping duty order on
certain hot-rolled carbon steel flat
products from the PRC, we will refer
this matter to CBP to determine the
appropriate Customs classification for
the merchandise in question.
Comments
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free-Trade
Agreement, Article 1904; Binational
Panel Reviews: Notice of Termination
of Panel Review
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
AGENCY:
Notice of Termination of Panel
Review of the Final Results of the first
administrative review of the
antidumping duty order on Citric Acid
and Certain Citrate Salts from Canada,
Secretariat File No. USA–CDA–2011–
1904–03.
ACTION:
Interested parties may submit
comments for consideration in the
Department’s final results not later than
30 days after publication of this notice.
See 19 CFR 351.309(c)(ii). Responses to
those comments may be submitted not
later than five days following
submission of the comments. See 19
CFR 351.309(d). All written comments
must be submitted in accordance with
19 CFR 351.303, and must be served on
interested parties on the Department’s
service list in accordance with 19 CFR
351.303(f)(3). Interested parties may also
request a hearing within 30 days of
publication of this notice. See 19 CFR
351.310. The Department will issue the
final results of this administrative
review, which will include the results of
its analysis of issues raised in any such
comments, within 120 days of
publication of the preliminary results,
and will publish these results in the
Federal Register.
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 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 duties
occurred and the subsequent assessment
of double antidumping duties.
This notice is published in
accordance with sections 751 and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: July 29, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–20076 Filed 8–5–11; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
48145
Pursuant to the negotiated
settlement between the United States
and Canadian industries, the panel
review of the above-noted case is
terminated as of August 2, 2011. No
panel has been appointed to review this
panel.
FOR FURTHER INFORMATION CONTACT:
Ellen Bohon, United States Secretary,
NAFTA Secretariat, Suite 2061, 14th
and Constitution Avenue, NW.,
Washington, DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of the North American Free-Trade
Agreement (‘‘Agreement’’) established a
mechanism to replace domestic judicial
review of final determinations in
antidumping and countervailing duty
cases involving imports from a NAFTA
country with review by independent
binational panels. When a Request for
Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
conforms to the antidumping or
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada, and
the Government of Mexico established
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
These Rules were published in the
Federal Register on February 23, 1994
(59 FR 8686). The panel review in this
matter was requested Pursuant to these
Rules and terminated in accordance
with the settlement agreement.
SUMMARY:
Dated: August 3, 2011
Ellen Bohon,
United States Secretary, NAFTA Secretariat.
[FR Doc. 2011–20030 Filed 8–5–11; 8:45 am]
BILLING CODE 3510–GT–P
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Agencies
[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Notices]
[Pages 48143-48145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20076]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-865]
Certain Hot-Rolled Carbon Steel Flat Products From the People's
Republic of China: Preliminary Intent To Rescind the Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products (``hot-rolled'') from the People's
Republic of China (``PRC'') for the period of review (``POR'') November
1, 2009, through October 31, 2010. As discussed below, we preliminarily
intend to rescind this review.
DATES: Effective Date: August 8, 2011.
FOR FURTHER INFORMATION CONTACT: Paul Walker or Steven Hampton, AD/CVD
Operations, Office 9, Import Administration, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230; telephone: (202) 482-0413 or (202)
482-0116, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2001, the Department published the antidumping duty
order on hot-rolled from the PRC. See Notice of the Antidumping Duty
Order: Certain Hot-Rolled Carbon Steel Flat Products From the People's
Republic of China, 66 FR 59561 (November 29, 2001) (``Order''). On
[[Page 48144]]
November 30, 2010, Nucor Corporation (``Nucor''), domestic producers of
hot-rolled, requested that the Department conduct an administrative
review of Baosteel Group Corporation, Shanghai Baosteel International
Economic & Trading Co., Ltd., and Baoshan Iron and Steel Co., Ltd.
(collectively ``Baosteel'').\1\ On December 28, 2010, the Department
published in the Federal Register a notice of initiation for an
administrative review of the Order for the period November 1, 2009,
through October 31, 2010.\2\ On February 4, 2011, the Department
released the U.S. Customs and Border Protection (``CBP'') data to
parties for comments. On February 10, 2011, Baosteel requested that the
Department obtain the customs entry and commercial invoice documents
pertaining to the CBP data. On February 17, 2011, Baosteel submitted
comments on the CBP data. Baosteel claimed that it did not export
subject merchandise during the POR and the CBP information is either
incorrect or relates to non-subject merchandise which may have been
misclassified. On March 17, 2011, the Department released the U.S.
entry documents that it obtained from CBP. On March 24, 2011, Nucor
submitted comments on the U.S. entry documents and asked the Department
to issue a full questionnaire to Baosteel. On March, 28, 2011, Baosteel
submitted rebuttal comments to Nucor's March 24, 2011 submission.
Baosteel claimed that the entry documents do not reveal that Baosteel
sold subject merchandise to the United States. On June 2, 2011, the
Department released the test report and mill certificate for the
merchandise at issue, which it obtained from CBP. On June 14, 2011,
Nucor submitted comments on the test report and mill certificate. Nucor
argued that subject merchandise entered the United States and stated
that the Department should issue questionnaires to Baosteel. On June
14, 2011, Baosteel also submitted comments on the test report and mill
certificate. Baosteel argued that the mere fact that Baosteel is the
manufacturer of the product does not show that Baosteel made sales of
subject merchandise to the United States. On June 16, 2011, Baosteel
submitted comments with an excerpt from a recent determination in which
the Department clearly stated its policy regarding its knowledge test
for NME purposes.\3\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Carbon Steel Flat Products from the
People's Republic of China: Final Rescission of Antidumping Duty
Administrative Review, 74 FR 40165 (August 11, 2009), at n.1.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation In Part, 75 FR
81565 (December 28, 2010).
\3\ Certain Oil Country Tubular Goods from the People's Republic
of China: Final Determination of Sales at Less Than Fair Value,
Affirmative Final Determination of Critical Circumstances and Final
Determination of Targeted Dumping, 75 FR 20335 (April 19, 2010), and
accompanying Issues and Decision Memorandum at Comment 31.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are 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 4.0
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 within the scope of the 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 the 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.
All products that meet the physical and chemical description
provided above are within the scope of the order unless otherwise
excluded. The following products, for example, are outside 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.,
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 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 2.25 percent.
ASTM specifications A710 and A736.
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 the order is classified 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 flat
products covered by the order, including: vacuum degassed fully
stabilized; high strength low alloy; and the substrate for motor
lamination steel
[[Page 48145]]
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 written description
of the merchandise subject to the order is dispositive.
Preliminary Rescission of Review
The Department has analyzed all of the information on the record
regarding alleged U.S. entries of subject merchandise during the POR by
Baosteel. As noted above, the Department placed information on the
record from CBP that indicated that subject merchandise produced by
Baosteel may have entered the United States during the POR. Because the
information found in the CBP documentation is proprietary, for further
discussion of this issue please see the Memorandum to the File, through
Scot T. Fullerton, Program Manager, from Steven Hampton, International
Trade Analyst, ``Certain Hot-Rolled Carbon Steel Flat Products from the
People's Republic of China: Analysis of CBP Entry Documentation,''
(``Analysis of CBP Entry Documentation'') dated concurrently with this
notice. Based on its analysis of the record information, the Department
preliminarily finds that the merchandise from the entry documentation
is not subject to the scope of the antidumping duty order on hot-rolled
carbon steel flat products from the PRC.\4\
Because there is no information on the record which indicates that
Baosteel made sales, shipments, or entries to the United States of
subject merchandise during the POR, and because Baosteel is the only
company subject to this administrative review, in accordance with 19
CFR 351.213(d)(3) and consistent with our practice, we are
preliminarily rescinding this review of the antidumping duty order on
hot-rolled from the PRC for the period of November 1, 2009, through
October 31, 2010.\5\ If the Department adopts these preliminary results
for its final results, the cash deposit rate for Baosteel will continue
to be the rate established in the most recently completed segment of
this proceeding. If the Department continues to find for its final
results that the merchandise is not subject to the scope of the
antidumping duty order on certain hot-rolled carbon steel flat products
from the PRC, we will refer this matter to CBP to determine the
appropriate Customs classification for the merchandise in question.
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\4\ See Analysis of CBP Entry Documentation.
\5\ See Final Rescission of Antidumping Duty Administrative
Review: Certain Hot-Rolled Carbon Steel Flat Products from the
People's Republic of China, 72 FR 41710 (July 31, 2007).
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Comments
Interested parties may submit comments for consideration in the
Department's final results not later than 30 days after publication of
this notice. See 19 CFR 351.309(c)(ii). Responses to those comments may
be submitted not later than five days following submission of the
comments. See 19 CFR 351.309(d). All written comments must be submitted
in accordance with 19 CFR 351.303, and must be served on interested
parties on the Department's service list in accordance with 19 CFR
351.303(f)(3). Interested parties may also request a hearing within 30
days of publication of this notice. See 19 CFR 351.310. The Department
will issue the final results of this administrative review, which will
include the results of its analysis of issues raised in any such
comments, within 120 days of publication of the preliminary results,
and will publish these results in the Federal Register.
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 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 duties occurred and the subsequent
assessment of double antidumping duties.
This notice is published in accordance with sections 751 and
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4).
Dated: July 29, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-20076 Filed 8-5-11; 8:45 am]
BILLING CODE 3510-DS-P