Certain Hot-Rolled Carbon Steel Flat Products From India: Amended Final Results of Countervailing Duty Administrative Review Pursuant to Court Decision, 65497-65498 [2011-27292]

Download as PDF Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Notices the preliminary results until March 30, 2012. The deadline for the final results of the review continues to be 120 days after the publication of the preliminary results. This extension notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: October 14, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–27295 Filed 10–20–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–848] Freshwater Crawfish Tail Meat From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Intent To Rescind Review in Part Correction In notice document 2011–26069 appearing on pages 62349 through 62356 in the issue of Friday, October 7, 2011 make the following correction: On page 62349, in the second column, the subject heading should read as set forth above. [FR Doc. C1–2011–26069 Filed 10–20–11; 8:45 am] BILLING CODE 1505–01–D remands). On November 9, 2010, Essar Steel Limited (Essar) appealed the CIT’s decision. See United States Steel Corporation, et al. v. United States et al. and Essar Steel Limited v. United States et al., Consol. Court No. 08–0239 Appeal (November 9, 2010). On July 7, 2011, the United States Court of Appeals for the Federal Circuit (CAFC) sustained the Department’s redetermination. See United States Steel Corporation, et al. v. United States et al. and Essar Steel Limited v. United States et al., CAFC 11–1074 Affirmed, Rule 36 (July 7, 2011). The Department is amending the final results of the administrative review of the countervailing duty order on certain hot-rolled carbon steel flat products (HRCS) from India covering the January 1, 2006, through December 31, 2006, period of review (2006 POR) with respect to Essar, to reflect the CIT’s decision in Essar. See Certain HotRolled Carbon Steel Flat Products from India: Final Results of Countervailing Duty Administrative Review, 73 FR 40295 (July 14, 2008) (Final Results), and accompanying Issues and Decision Memorandum (I&D Memorandum). DATES: Effective Date: October 21, 2011. FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–3338. DEPARTMENT OF COMMERCE Background International Trade Administration On July 14, 2008, the Department published its final results in the countervailing duty administrative review of HRCS from India covering the 2006 POR. See Final Results. Following publication of the Final Results, respondent Essar, filed a lawsuit with the CIT challenging the Department’s Final Results. See Essar. At issue in the litigation was the Department’s calculation of the government price for iron ore lumps and fines as well as Essar’s purchases of lumps and fines with respect to the program ‘‘Sale of High-Grade Iron Ore for less Than Adequate Remuneration.’’ See Final Results, and accompanying I&D Memorandum at ‘‘Sale of High-Grade Iron Ore for Less Than Adequate Remuneration’’ section and Comment 4. After a court ordered remand, the Department issued its final results of redetermination on July 15, 2010. See Final Results of Redetermination Pursuant to Court Remand, dated July 15, 2010 (found at http://ia.ita.doc.gov/ remands); and Essar. In its remand [C–533–821] Certain Hot-Rolled Carbon Steel Flat Products From India: Amended Final Results of Countervailing Duty Administrative Review Pursuant to Court Decision Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 13, 2010, the United States Court of International Trade (CIT) sustained the Department of Commerce’s (the Department’s) redetermination pursuant to the CIT’s remand in United States Steel Corporation, et al. v. United States et al. and Essar Steel Limited v. United States. See United States Steel Corporation, et al. v. United States et al. and Essar Steel Limited v. United States et al., Slip Op. 10–104 (Essar); see also Final Results of Redetermination Pursuant to Court Remand, dated July 15, 2010 (found at http://ia.ita.doc.gov/ sroberts on DSK5SPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 18:11 Oct 20, 2011 Jkt 226001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 65497 redetermination, the Department made redeterminations with respect to the calculation of the government price for iron ore lumps and fines as well as Essar’s purchase of iron ore lumps and high-grade iron ore fines from the National Mineral Development Corporation (NMDC). Specifically, we adjusted our iron ore calculations to measure the adequacy of remuneration of sales of lumps and fines by the Government of India (GOI) to Essar to include the Central Sales Tax for Essar’s purchase of iron ore lumps and highgrade iron ore fines from the NMDC and to include import duties payable on iron ore with regard to the corresponding benchmark prices. Then, we corrected the government price for iron ore lumps and fines to address erroneous freight calculations for Essar’s purchases of iron ore from NMDC. Lastly, for fines purchases from NMDC made on or after the date the slurry pipeline became operational, we replaced the per metric ton (MT) rail cost with the per MT slurry transportation costs. See Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Court Decision Not in Harmony with Final Results of Administrative Review, 75 FR 59689 (September 28, 2010). The Department’s redetermination resulted in changes to the Final Results for Essar’s net subsidy rate concerning the sale of iron ore for less than adequate remuneration program from 13.21 percent to 19.35 percent. Therefore, Essar’s total net countervailable subsidy rate from the Final Results, 17.50 percent, increased by 6.14 percentage points, to a total net countervailable subsidy rate of 23.64 percent. Id. Amended Final Results Because there is now a final court decision, the total net countervailable subsidy for Essar for the period January 1, 2006, through December 31, 2006, is 23.64 percent. Because the cash deposit rate of 22.19 percent, which was determined for Essar in the amended final results of the administrative review covering the period January 1, 2007, through December 31, 2007 (2007 POR) supersedes the cash deposit rate for the 2006 POR, there is no change in Essar’s cash deposit rate. See Certain HotRolled Carbon Steel Flat Products From India: Notice of Court Decision not in Harmony with Final Results of Administrative Review and Notice of Amended final Results of Administrative Review Pursuant to Court Decision, 76 FR 7820 (February 11, 2011). The Department will instruct U.S. Customs and Border Protection (CBP) to continue to collect cash E:\FR\FM\21OCN1.SGM 21OCN1 65498 Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Notices deposits for Essar at the current rate of 22.19 percent. position themselves to enter or expand their presence in the targeted sectors. Assessment of Duties Commercial Setting In accordance with the CIT’s order, CBP shall assess countervailing duties on all appropriate entries covered by these amended final results. The Department intends to issue liquidation instructions to CBP 15 days after publication of these amended final results in the Federal Register. The Government of the Islamic Republic of Afghanistan (GIRoA) is taking steps to develop its market economy and increase both domestic and foreign private investment. GIRoA continues to develop legal and administrative regulatory frameworks that will lead to a market more conducive to trade, investment and private sector development. For example, Afghanistan adopted an investment law that allows investments to be 100% foreign-owned. Additionally, on October 28, 2010, Afghanistan and Pakistan signed the Afghanistan Pakistan Transit Trade Agreement (APTTA), allowing Afghan container trucks to drive through Pakistan to the Indian border, and also to port cities such as Karachi. After of 30 years of war require reconstruction and development efforts are required to grow and stabilize Afghanistan’s economy. The GIRoA is committed to promoting economic development, increasing production and earnings, promoting technology transfer, improving national prosperity and advancing Afghans’ standard of living in partnership with international donor agencies. GIRoA recognizes that U.S. services, equipment and technology would enhance development of Afghanistan’s industrial sector and lead to increased productivity and greater technical skills for Afghan citizens. International donors continue to support Afghanistan’s development; however, long-term sustainable growth will take place through private sector development. To support Afghanistan’s private sector and promote reconstruction efforts, GIRoA has identified domestic priority sectors needing investment and development in both equipment and services. These priority sectors are: construction and infrastructure, logistics and transportation, mining, agribusiness, and information and communications technology providers. The economy is beginning to move from one based on state owned enterprises and the informal economy to a more formal market economy. A notable sign of this transition for the U.S. business community is the establishment of an American Chamber of Commerce in Kabul in 2010. Notification We are issuing and publishing these amended final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Tariff Act of 1930, as amended. Dated: October 17, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–27292 Filed 10–20–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Executive-led Business Development Mission to Kabul, Afghanistan International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: sroberts on DSK5SPTVN1PROD with NOTICES Mission Description The United States Department of Commerce’s International Trade Administration is organizing a business development trade mission to Kabul, Afghanistan in September 2012. This mission will be led by a Senior Commerce Department official. Targeted sectors include: Construction (including engineering, architecture, transportation and logistics, and infrastructure); mining (including equipment, technology, and services); agribusiness; and information and communications technology. The mission’s goal is to help U.S. companies explore long-term business opportunities in Afghanistan and enhance U.S.-Afghan commercial relations by providing U.S. participants with firsthand market information, access to government decision makers as well as one-on-one meetings with business contacts, including potential agents, distributors, and partners, to Day One (weekend) ........................ Day Two .......................................... Day Three ....................................... VerDate Mar<15>2010 18:11 Oct 20, 2011 Kabul is the capital of Afghanistan, situated in Kabul Province. With a total metropolitan population of 2.6 million, it is also the largest city in Afghanistan. It is the commercial center for the country, with national Afghan businesses, associations, and GIRoA ministries maintaining a presence in Kabul. Afghanistan’s GDP per capita is approximately $500, and has experienced double digit growth in recent years. The Commerce Department has supported commercial and private sector development in Afghanistan since 2002, and posted a Senior Commercial Officer in Kabul in June 2010. Mission Goals The goal of the mission is to provide U.S. participants with first-hand market information, access to government decision makers and one-on-one meetings with business contacts, including potential agents, distributors, and partners, so that they can position themselves to enter the Afghan market or expand their business presence in Afghanistan. Thus, the mission seeks to: • Improve U.S. companies’ understanding of commercial opportunities in Afghanistan. • Facilitate business meetings between U.S. and Afghan businesses to promote the development of U.S. commercial opportunities in Afghanistan. • Introduce U.S. industry to the Afghan business community and government leaders. • Provide GIRoA policymakers with U.S. industry feedback on the direction of its commercial reforms. Mission Scenario The business development mission will take place in Kabul, Afghanistan. Participants will meet with Afghan leaders in the public and private sector, learn about the market by participating in Embassy briefings, and explore additional opportunities at networking receptions. Activities will include oneon-one meetings with pre-screened business prospects. (Note that the regular workweek in Afghanistan is Sunday through Thursday.) Proposed Timetable (The State Department will follow RSO procedure in reference to security within and around the mission event.) Travel Day—Depart U.S. on evening flight. Travel Day—Participants arrive in transit city (tbd) and overnight in pre-arranged departure from transit city. Travel Day. Jkt 226001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Notices]
[Pages 65497-65498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27292]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-821]


Certain Hot-Rolled Carbon Steel Flat Products From India: Amended 
Final Results of Countervailing Duty Administrative Review Pursuant to 
Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On September 13, 2010, the United States Court of 
International Trade (CIT) sustained the Department of Commerce's (the 
Department's) redetermination pursuant to the CIT's remand in United 
States Steel Corporation, et al. v. United States et al. and Essar 
Steel Limited v. United States. See United States Steel Corporation, et 
al. v. United States et al. and Essar Steel Limited v. United States et 
al., Slip Op. 10-104 (Essar); see also Final Results of Redetermination 
Pursuant to Court Remand, dated July 15, 2010 (found at http://ia.ita.doc.gov/remands). On November 9, 2010, Essar Steel Limited 
(Essar) appealed the CIT's decision. See United States Steel 
Corporation, et al. v. United States et al. and Essar Steel Limited v. 
United States et al., Consol. Court No. 08-0239 Appeal (November 9, 
2010). On July 7, 2011, the United States Court of Appeals for the 
Federal Circuit (CAFC) sustained the Department's redetermination. See 
United States Steel Corporation, et al. v. United States et al. and 
Essar Steel Limited v. United States et al., CAFC 11-1074 Affirmed, 
Rule 36 (July 7, 2011).
    The Department is amending the final results of the administrative 
review of the countervailing duty order on certain hot-rolled carbon 
steel flat products (HRCS) from India covering the January 1, 2006, 
through December 31, 2006, period of review (2006 POR) with respect to 
Essar, to reflect the CIT's decision in Essar. See Certain Hot-Rolled 
Carbon Steel Flat Products from India: Final Results of Countervailing 
Duty Administrative Review, 73 FR 40295 (July 14, 2008) (Final 
Results), and accompanying Issues and Decision Memorandum (I&D 
Memorandum).

DATES: Effective Date: October 21, 2011.

FOR FURTHER INFORMATION CONTACT: Gayle Longest, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-3338.

Background

    On July 14, 2008, the Department published its final results in the 
countervailing duty administrative review of HRCS from India covering 
the 2006 POR. See Final Results. Following publication of the Final 
Results, respondent Essar, filed a lawsuit with the CIT challenging the 
Department's Final Results. See Essar. At issue in the litigation was 
the Department's calculation of the government price for iron ore lumps 
and fines as well as Essar's purchases of lumps and fines with respect 
to the program ``Sale of High-Grade Iron Ore for less Than Adequate 
Remuneration.'' See Final Results, and accompanying I&D Memorandum at 
``Sale of High-Grade Iron Ore for Less Than Adequate Remuneration'' 
section and Comment 4.
    After a court ordered remand, the Department issued its final 
results of redetermination on July 15, 2010. See Final Results of 
Redetermination Pursuant to Court Remand, dated July 15, 2010 (found at 
http://ia.ita.doc.gov/remands); and Essar. In its remand 
redetermination, the Department made redeterminations with respect to 
the calculation of the government price for iron ore lumps and fines as 
well as Essar's purchase of iron ore lumps and high-grade iron ore 
fines from the National Mineral Development Corporation (NMDC). 
Specifically, we adjusted our iron ore calculations to measure the 
adequacy of remuneration of sales of lumps and fines by the Government 
of India (GOI) to Essar to include the Central Sales Tax for Essar's 
purchase of iron ore lumps and high-grade iron ore fines from the NMDC 
and to include import duties payable on iron ore with regard to the 
corresponding benchmark prices. Then, we corrected the government price 
for iron ore lumps and fines to address erroneous freight calculations 
for Essar's purchases of iron ore from NMDC. Lastly, for fines 
purchases from NMDC made on or after the date the slurry pipeline 
became operational, we replaced the per metric ton (MT) rail cost with 
the per MT slurry transportation costs. See Certain Hot-Rolled Carbon 
Steel Flat Products From India: Notice of Court Decision Not in Harmony 
with Final Results of Administrative Review, 75 FR 59689 (September 28, 
2010). The Department's redetermination resulted in changes to the 
Final Results for Essar's net subsidy rate concerning the sale of iron 
ore for less than adequate remuneration program from 13.21 percent to 
19.35 percent. Therefore, Essar's total net countervailable subsidy 
rate from the Final Results, 17.50 percent, increased by 6.14 
percentage points, to a total net countervailable subsidy rate of 23.64 
percent. Id.

Amended Final Results

    Because there is now a final court decision, the total net 
countervailable subsidy for Essar for the period January 1, 2006, 
through December 31, 2006, is 23.64 percent. Because the cash deposit 
rate of 22.19 percent, which was determined for Essar in the amended 
final results of the administrative review covering the period January 
1, 2007, through December 31, 2007 (2007 POR) supersedes the cash 
deposit rate for the 2006 POR, there is no change in Essar's cash 
deposit rate. See Certain Hot-Rolled Carbon Steel Flat Products From 
India: Notice of Court Decision not in Harmony with Final Results of 
Administrative Review and Notice of Amended final Results of 
Administrative Review Pursuant to Court Decision, 76 FR 7820 (February 
11, 2011). The Department will instruct U.S. Customs and Border 
Protection (CBP) to continue to collect cash

[[Page 65498]]

deposits for Essar at the current rate of 22.19 percent.

Assessment of Duties

    In accordance with the CIT's order, CBP shall assess countervailing 
duties on all appropriate entries covered by these amended final 
results. The Department intends to issue liquidation instructions to 
CBP 15 days after publication of these amended final results in the 
Federal Register.

Notification

    We are issuing and publishing these amended final results of 
administrative review in accordance with sections 751(a)(1) and 777(i) 
of the Tariff Act of 1930, as amended.

    Dated: October 17, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-27292 Filed 10-20-11; 8:45 am]
BILLING CODE 3510-DS-P