Certain Hot-Rolled Carbon Steel Flat Products From the People's Republic of China: Preliminary Intent To Rescind the Review, 48143-48145 [2011-20076]

Download as PDF 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. VerDate Mar<15>2010 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 E:\FR\FM\08AUN1.SGM 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). VerDate Mar<15>2010 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 Frm 00029 Fmt 4703 Sfmt 9990 E:\FR\FM\08AUN1.SGM 08AUN1

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]


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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