Affirmative Final Determination of Circumvention of the Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China, 50996-50997 [2011-21006]
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Federal Register / Vol. 76, No. 159 / Wednesday, August 17, 2011 / Notices
International, Inc. (collectively,
‘‘Petitioners’’), made a timely request,
pursuant to section 733(c)(1) of the Act,
for a postponement of the preliminary
determination in order to provide
additional time for the Department to
collect and analyze information for the
preliminary determination.2 Because
there are no compelling reasons to deny
the request, in accordance with section
733(c)(1)(A) of the Act, the Department
is postponing the deadline for the
preliminary determination by 50 days.
A postponement of 50 days from the
current deadline of September 6, 2011,
would result in a new deadline of
October 26, 2011. The deadline for the
final determination will continue to be
75 days after the date of the preliminary
determination, unless extended.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: August 11, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–21004 Filed 8–16–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–849]
Affirmative Final Determination of
Circumvention of the Antidumping
Duty Order on Certain Cut-to-Length
Carbon Steel Plate From the People’s
Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 23, 2010, the
Department of Commerce (the
Department) published in the Federal
Register the initiation of an
antidumping circumvention inquiry to
determine if certain products were
circumventing the antidumping duty
order on certain cut-to-length carbon
steel plate from the People’s Republic of
China (PRC).1 That initiation indicated
the merchandise subject to the inquiry
was produced by Wuyang Iron and Steel
Co., Ltd. (Wuyang), but also noted the
Department intended ‘‘to address
whether its circumvention ruling will
apply to particular producers, exporters,
Emcdonald on DSK2BSOYB1PROD with NOTICES
AGENCY:
2 See Petitioners’ letter regarding, ‘‘Request for
Extension of Preliminary Determination: Certain
Steel Wheels from China,’’ dated August 5, 2011.
1 See Certain Cut-to-Length Carbon Steel Plate
from the People’s Republic of China: Initiation of
Antidumping Circumvention Inquiry, 75 FR 21241
(April 23, 2010).
VerDate Mar<15>2010
18:13 Aug 16, 2011
Jkt 223001
and/or importers * * * or to all U.S.
imports’’ of certain cut-to-length carbon
steel plate from the PRC. Id. at 21242.
On February 22, 2011, the Department
published its notice of affirmative
preliminary determination of
circumvention in which it found that
imports from the PRC of certain cut-tolength carbon steel plate products with
0.0008 percent or more boron, by
weight, regardless of the producer or
exporter or importer of the merchandise,
and otherwise meeting the description
of in-scope merchandise, are within the
class or kind of merchandise subject to
the order on certain cut-to-length carbon
steel plate from the PRC.2 We gave
interested parties an opportunity to
comment on the Preliminary
Determination, and received briefs and
rebuttal briefs from various parties.
After evaluating the comments
submitted by parties, we find no basis
for altering the preliminary
determination referenced above.
Therefore, we continue to determine
that imports of the aforementioned
merchandise are circumventing the
order on cut-to-length carbon steel plate
from the PRC.
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:
Background
On February 22, 2011, the Department
published its notice of affirmative
preliminary determination of
circumvention. See Preliminary
Determination. The Department
preliminarily determined that imports
of certain cut-to-length plate (defined
below) were circumventing the
antidumping duty order on certain cutto-length carbon steel plate from the
PRC. The Department also directed U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of such
merchandise and require case deposits
on said entries. Id. at 9752.
In accordance with 19 CFR
351.225(f)(3), interested parties were
invited to comment on the preliminary
determination within 20 days of
publication of the Preliminary
Determination. Id. On March 14, 2011,
2 See Affirmative Preliminary Determination of
Circumvention of the Antidumping Duty Order on
Certain Cut-to-Length Carbon Steel Plate from the
People’s Republic of China, 76 FR 9749 (February
22, 2011) (Preliminary Determination).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Wuyang and one of the U.S. importers
of its merchandise, Stemcor USA Inc.
(Stemcor), submitted a joint case brief.
On March 14, 2011, ArcelorMittal USA
LLC (ArcelorMittal USA) and Nucor
Corporation (Nucor), both U.S.
producers, each submitted a case brief.
On March 24, 2011, Wuyang and
Stemcor submitted a joint rebuttal brief.
On March 24, 2011, ArcelorMittal USA
and Nucor each submitted a rebuttal
brief.
On March 14, 2011, Wuyang and
Stemcor submitted a joint request for a
hearing. On March 28, 2011, Wuyang
and Stemcor withdrew their request for
a hearing, and no hearing was held.
Scope of the Order
The product covered by the order is
certain cut-to-length carbon steel plate
from the People’s Republic of China.
Included in this description is hotrolled iron and non-alloy steel universal
mill plates (i.e., flat-rolled products
rolled on four faces or in a closed box
pass, of a width exceeding 150 mm but
not exceeding 1250 mm and of a
thickness of not less than 4 mm, not in
coils and without patterns in relief), of
rectangular shape, neither clad, plated
nor coated with metal, whether or not
painted, varnished, or coated with
plastics or other nonmetallic substances;
and certain iron and non-alloy steel flatrolled products not in coils, of
rectangular shape, hot-rolled, neither
clad, plated, nor coated with metal,
whether or not painted, varnished, or
coated with plastics or other
nonmetallic substances, 4.75 mm or
more in thickness and of a width which
exceeds 150 mm and measures at least
twice the thickness. Included as subject
merchandise in the order are flat-rolled
products of nonrectangular cross-section
where such cross-section is achieved
subsequent to the rolling process (i.e.,
products which have been ‘‘worked
after rolling’’)—for example, products
which have been bevelled or rounded at
the edges. This merchandise is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7208.53.0000,
7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7211.90.0000, 7212.40.1000,
7212.40.5000, 7212.50.0000. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
the order is dispositive. Specifically
excluded from subject merchandise
E:\FR\FM\17AUN1.SGM
17AUN1
Federal Register / Vol. 76, No. 159 / Wednesday, August 17, 2011 / Notices
within the scope of the order is grade X–
70 steel plate.
Emcdonald on DSK2BSOYB1PROD with NOTICES
Merchandise Subject to the Minor
Alterations Antidumping
Circumvention Proceeding
The merchandise subject to this
antidumping circumvention inquiry
(inquiry merchandise) consists of all
merchandise produced by Wuyang
containing 0.0008 percent or more
boron, by weight, and otherwise
meeting the requirements of the scope of
the antidumping duty order as listed
under the ‘‘Scope of the Order’’ section
above, with the exception of
merchandise meeting all of the
following requirements: aluminum level
of 0.02 percent or greater, by weight; a
ratio of 3.4 to 1 or greater, by weight, of
titanium to nitrogen; and a
hardenability test (i.e., Jominy test)
result indicating a boron factor of 1.8 or
greater. This merchandise is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers 7225.40.3050,
7225.99.0090, 7226.91.5000, and
7226.99.0180. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of inquiry
merchandise is dispositive.
Affirmative Final Determination of
Circumvention
The Department conducted this
circumvention inquiry in accordance
with section 781(c) of the Tariff Act of
1930, as amended (the Act), which deals
with minor alterations of merchandise.
The Department noted in the
Preliminary Determination the criteria
typically used by the Department to
make determinations in such inquiries
(i.e., the overall physical characteristics
of the merchandise, the expectations of
the ultimate users, the use of the
merchandise, the channels of marketing
and the cost of any modification relative
to the total value of the imported
products). See Preliminary
Determination at 9750–51. The
Department preliminarily determined
that imports from the PRC of inquiry
merchandise produced by Wuyang,
regardless of exporter or importer, are
within the class or kind of merchandise
subject to the order on certain cut-tolength carbon steel plate from the PRC.
The Department also preliminarily
determined that its ruling should apply
regardless of producer. In other words,
all merchandise containing 0.0008
percent or more boron and otherwise
meeting the description of the scope of
the order, and not meeting the three
distinguishing characteristics listed in
the ‘‘Merchandise Subject to the Minor
VerDate Mar<15>2010
18:13 Aug 16, 2011
Jkt 223001
Alterations Antidumping
Circumvention Proceeding’’ section
above (i.e., aluminum level of 0.02
percent or greater, by weight; a ratio of
3.4 to 1 or greater, by weight, of
titanium to nitrogen; and a
hardenability test (i.e., Jominy test)
result indicating a boron factor of 1.8 or
greater) are covered by the order.
Wuyang and Stemcor, ArcelorMittal
USA, and Nucor each submitted case
briefs and rebuttal briefs. The
Department has analyzed the comments
in its accompanying issues and decision
memorandum and in a separate final
analysis memorandum. See ‘‘Issues and
Decision Memorandum for the Final
Results of the Circumvention Inquiry of
the Antidumping Duty Order on Certain
Cut-to-Length Carbon Steel Plate from
the People’s Republic of China; Wuyang
Iron and Steel Co., Ltd.’’ and ‘‘Final
Analysis Memorandum for the
Circumvention Inquiry of the
Antidumping Duty Order on Certain
Cut-to-Length Carbon Steel Plate from
the People’s Republic of China; Wuyang
Iron and Steel Co., Ltd.,’’ respectively.
The Department continues to find that
it is appropriate to consider all plate
with at least 0.0008 percent boron
content and otherwise meeting the
description of the scope to be covered
by the order, unless the merchandise
also possesses the three distinguishing
characteristics referenced above. As
noted in the Preliminary Determination,
this ruling, like those in some other
circumvention rulings, may be applied
regardless of the manufacturers,
exporters, or importers involved, and
the Department considers it to be
appropriate here to apply it on a
countrywide basis, given that multiple
parties have been found to be
circumventing the order using the same
general approach (i.e., inclusion of
small, inconsequential amounts of an
alloying element in order to change the
tariff classification from non-alloy to
alloy steel).
Continuation of Suspension of
Liquidation
In accordance with 19 CFR
351.225(l)(3), we are directing CBP to
continue to suspend liquidation of
inquiry merchandise entered, or
withdrawn from warehouse, for
consumption on or after April 23, 2010,
the date of publication of our initiation
of this inquiry. See Preliminary
Determination at 9752; see also 19 CFR
351.225(l)(2). We will also instruct CBP
to continue to require a cash deposit of
estimated duties at the applicable rates
for each unliquidated entry of the
product entered, or withdrawn from
warehouse, for consumption on or after
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
50997
April 23, 2010, in accordance with 19
CFR 351.225(l)(3).
Notice to Parties
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This affirmative final circumvention
determination is published in
accordance with section 781(b) of the
Act and 19 CFR 351.225.
Dated: August 9, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–21006 Filed 8–16–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Application(s) for Duty-Free Entry of
Scientific Instruments
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before September
6, 2011. Address written comments to
Statutory Import Programs Staff, Room
3720, U.S. Department of Commerce,
Washington, DC 20230. Applications
may be examined between 8:30 a.m. and
5 p.m. at the U.S. Department of
Commerce in Room 3720.
Docket Number: 11–047. Applicant:
Ohio State University, School of Earth
Sciences, 275 Mendenhall Laboratory,
125 South Oval Mall, Columbus, OH
43210. Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech
Republic. Intended Use: Several
characteristics of the instrument which
are required for the research include an
E:\FR\FM\17AUN1.SGM
17AUN1
]]>Agencies
[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Notices]
[Pages 50996-50997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21006]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-849]
Affirmative Final Determination of Circumvention of the
Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate From
the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 23, 2010, the Department of Commerce (the Department)
published in the Federal Register the initiation of an antidumping
circumvention inquiry to determine if certain products were
circumventing the antidumping duty order on certain cut-to-length
carbon steel plate from the People's Republic of China (PRC).\1\ That
initiation indicated the merchandise subject to the inquiry was
produced by Wuyang Iron and Steel Co., Ltd. (Wuyang), but also noted
the Department intended ``to address whether its circumvention ruling
will apply to particular producers, exporters, and/or importers * * *
or to all U.S. imports'' of certain cut-to-length carbon steel plate
from the PRC. Id. at 21242. On February 22, 2011, the Department
published its notice of affirmative preliminary determination of
circumvention in which it found that imports from the PRC of certain
cut-to-length carbon steel plate products with 0.0008 percent or more
boron, by weight, regardless of the producer or exporter or importer of
the merchandise, and otherwise meeting the description of in-scope
merchandise, are within the class or kind of merchandise subject to the
order on certain cut-to-length carbon steel plate from the PRC.\2\ We
gave interested parties an opportunity to comment on the Preliminary
Determination, and received briefs and rebuttal briefs from various
parties. After evaluating the comments submitted by parties, we find no
basis for altering the preliminary determination referenced above.
Therefore, we continue to determine that imports of the aforementioned
merchandise are circumventing the order on cut-to-length carbon steel
plate from the PRC.
---------------------------------------------------------------------------
\1\ See Certain Cut-to-Length Carbon Steel Plate from the
People's Republic of China: Initiation of Antidumping Circumvention
Inquiry, 75 FR 21241 (April 23, 2010).
\2\ See Affirmative Preliminary Determination of Circumvention
of the Antidumping Duty Order on Certain Cut-to-Length Carbon Steel
Plate from the People's Republic of China, 76 FR 9749 (February 22,
2011) (Preliminary Determination).
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:
Background
On February 22, 2011, the Department published its notice of
affirmative preliminary determination of circumvention. See Preliminary
Determination. The Department preliminarily determined that imports of
certain cut-to-length plate (defined below) were circumventing the
antidumping duty order on certain cut-to-length carbon steel plate from
the PRC. The Department also directed U.S. Customs and Border
Protection (CBP) to suspend liquidation of entries of such merchandise
and require case deposits on said entries. Id. at 9752.
In accordance with 19 CFR 351.225(f)(3), interested parties were
invited to comment on the preliminary determination within 20 days of
publication of the Preliminary Determination. Id. On March 14, 2011,
Wuyang and one of the U.S. importers of its merchandise, Stemcor USA
Inc. (Stemcor), submitted a joint case brief. On March 14, 2011,
ArcelorMittal USA LLC (ArcelorMittal USA) and Nucor Corporation
(Nucor), both U.S. producers, each submitted a case brief. On March 24,
2011, Wuyang and Stemcor submitted a joint rebuttal brief. On March 24,
2011, ArcelorMittal USA and Nucor each submitted a rebuttal brief.
On March 14, 2011, Wuyang and Stemcor submitted a joint request for
a hearing. On March 28, 2011, Wuyang and Stemcor withdrew their request
for a hearing, and no hearing was held.
Scope of the Order
The product covered by the order is certain cut-to-length carbon
steel plate from the People's Republic of China. Included in this
description is hot-rolled iron and non-alloy steel universal mill
plates (i.e., flat-rolled products rolled on four faces or in a closed
box pass, of a width exceeding 150 mm but not exceeding 1250 mm and of
a thickness of not less than 4 mm, not in coils and without patterns in
relief), of rectangular shape, neither clad, plated nor coated with
metal, whether or not painted, varnished, or coated with plastics or
other nonmetallic substances; and certain iron and non-alloy steel
flat-rolled products not in coils, of rectangular shape, hot-rolled,
neither clad, plated, nor coated with metal, whether or not painted,
varnished, or coated with plastics or other nonmetallic substances,
4.75 mm or more in thickness and of a width which exceeds 150 mm and
measures at least twice the thickness. Included as subject merchandise
in the order are flat-rolled products of nonrectangular cross-section
where such cross-section is achieved subsequent to the rolling process
(i.e., products which have been ``worked after rolling'')--for example,
products which have been bevelled or rounded at the edges. This
merchandise is currently classified in the Harmonized Tariff Schedule
of the United States (HTSUS) under item numbers 7208.40.3030,
7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000,
7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000,
7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of the order is dispositive. Specifically excluded from subject
merchandise
[[Page 50997]]
within the scope of the order is grade X-70 steel plate.
Merchandise Subject to the Minor Alterations Antidumping Circumvention
Proceeding
The merchandise subject to this antidumping circumvention inquiry
(inquiry merchandise) consists of all merchandise produced by Wuyang
containing 0.0008 percent or more boron, by weight, and otherwise
meeting the requirements of the scope of the antidumping duty order as
listed under the ``Scope of the Order'' section above, with the
exception of merchandise meeting all of the following requirements:
aluminum level of 0.02 percent or greater, by weight; a ratio of 3.4 to
1 or greater, by weight, of titanium to nitrogen; and a hardenability
test (i.e., Jominy test) result indicating a boron factor of 1.8 or
greater. This merchandise is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under item numbers
7225.40.3050, 7225.99.0090, 7226.91.5000, and 7226.99.0180. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of inquiry merchandise is
dispositive.
Affirmative Final Determination of Circumvention
The Department conducted this circumvention inquiry in accordance
with section 781(c) of the Tariff Act of 1930, as amended (the Act),
which deals with minor alterations of merchandise. The Department noted
in the Preliminary Determination the criteria typically used by the
Department to make determinations in such inquiries (i.e., the overall
physical characteristics of the merchandise, the expectations of the
ultimate users, the use of the merchandise, the channels of marketing
and the cost of any modification relative to the total value of the
imported products). See Preliminary Determination at 9750-51. The
Department preliminarily determined that imports from the PRC of
inquiry merchandise produced by Wuyang, regardless of exporter or
importer, are within the class or kind of merchandise subject to the
order on certain cut-to-length carbon steel plate from the PRC. The
Department also preliminarily determined that its ruling should apply
regardless of producer. In other words, all merchandise containing
0.0008 percent or more boron and otherwise meeting the description of
the scope of the order, and not meeting the three distinguishing
characteristics listed in the ``Merchandise Subject to the Minor
Alterations Antidumping Circumvention Proceeding'' section above (i.e.,
aluminum level of 0.02 percent or greater, by weight; a ratio of 3.4 to
1 or greater, by weight, of titanium to nitrogen; and a hardenability
test (i.e., Jominy test) result indicating a boron factor of 1.8 or
greater) are covered by the order.
Wuyang and Stemcor, ArcelorMittal USA, and Nucor each submitted
case briefs and rebuttal briefs. The Department has analyzed the
comments in its accompanying issues and decision memorandum and in a
separate final analysis memorandum. See ``Issues and Decision
Memorandum for the Final Results of the Circumvention Inquiry of the
Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate from
the People's Republic of China; Wuyang Iron and Steel Co., Ltd.'' and
``Final Analysis Memorandum for the Circumvention Inquiry of the
Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate from
the People's Republic of China; Wuyang Iron and Steel Co., Ltd.,''
respectively. The Department continues to find that it is appropriate
to consider all plate with at least 0.0008 percent boron content and
otherwise meeting the description of the scope to be covered by the
order, unless the merchandise also possesses the three distinguishing
characteristics referenced above. As noted in the Preliminary
Determination, this ruling, like those in some other circumvention
rulings, may be applied regardless of the manufacturers, exporters, or
importers involved, and the Department considers it to be appropriate
here to apply it on a countrywide basis, given that multiple parties
have been found to be circumventing the order using the same general
approach (i.e., inclusion of small, inconsequential amounts of an
alloying element in order to change the tariff classification from non-
alloy to alloy steel).
Continuation of Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(3), we are directing CBP to
continue to suspend liquidation of inquiry merchandise entered, or
withdrawn from warehouse, for consumption on or after April 23, 2010,
the date of publication of our initiation of this inquiry. See
Preliminary Determination at 9752; see also 19 CFR 351.225(l)(2). We
will also instruct CBP to continue to require a cash deposit of
estimated duties at the applicable rates for each unliquidated entry of
the product entered, or withdrawn from warehouse, for consumption on or
after April 23, 2010, in accordance with 19 CFR 351.225(l)(3).
Notice to Parties
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This affirmative final circumvention determination is published in
accordance with section 781(b) of the Act and 19 CFR 351.225.
Dated: August 9, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-21006 Filed 8-16-11; 8:45 am]
BILLING CODE 3510-DS-P
