Certain Hot-Rolled Carbon Steel Flat Products From India: Rescission of Antidumping Duty Administrative Review, 25404-25405 [2012-10351]

Download as PDF 25404 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES During any administrative review covering all or part of a period falling between the first and second or third and fourth anniversary of the publication of an antidumping duty order under 19 CFR 351.211 or a determination under 19 CFR 351.218(f)(4) to continue an order or suspended investigation (after sunset review), the Secretary, if requested by a domestic interested party within 30 days of the date of publication of the notice of initiation of the review, will determine, consistent with FAG Italia v. United States, 291 F.3d 806 (Fed Cir. 2002), as appropriate, whether antidumping duties have been absorbed by an exporter or producer subject to the review if the subject merchandise is sold in the United States through an importer that is affiliated with such exporter or producer. The request must include the name(s) of the exporter or producer for which the inquiry is requested. For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures ‘‘gap’’ period, of the order, if such a gap period is applicable to the period of review. Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Those procedures apply to administrative reviews included in this 5 In the initiation notice that published on March 30, 2012 (77 FR 19179), covering cases with the February anniversary dates, the Department inadvertently stated that it had received a timely request to revoke in part the antidumping duty order on Certain Frozen Warmwater Shrimp from the PRC with respect to one exporter, however, the Department actually received timely requests with respect to two exporters. 6 If one of the above-named companies does not qualify for a separate rate, all other exporters of Glycine from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 7 If the above-named company does not qualify for a separate rate, all other exporters of Sodium Hexametaphosphate from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 8 In the initiation notice that published on March 30, 2012 (77 FR 19179), covering cases with February anniversary dates, the Department inadvertently did not note that it had received timely requests to revoke in part the antidumping duty order on Certain Frozen Warmwater Shrimp from Vietnam with respect to two exporters. VerDate Mar<15>2010 17:59 Apr 27, 2012 Jkt 226001 notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that the meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). Any party submitting factual information in an antidumping duty or countervailing duty proceeding must certify to the accuracy and completeness of that information. See section 782(b) of the Act. Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives in all segments of any antidumping duty or countervailing duty proceedings initiated on or after March 14, 2011. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) (‘‘Interim Final Rule’’), amending 19 CFR 351.303(g)(1) and (2). The formats for the revised certifications are provided at the end of the Interim Final Rule. The Department intends to reject factual submissions in any proceeding segments initiated on or after March 14, 2011 if the submitting party does not comply with the revised certification requirements. These initiations and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: April 20, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–10238 Filed 4–27–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–820] Certain Hot-Rolled Carbon Steel Flat Products From India: Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: April 30, 2012. FOR FURTHER INFORMATION CONTACT: George McMahon or James Terpstra, AD/CVD Operations Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1167 and (202) 482–3965, respectively. AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Background On December 1, 2011, the Department published in the Federal Register a notice announcing the opportunity to request an administrative review of the antidumping duty order on certain hotrolled carbon steel flat products from India for the period December 1, 2010, through November 30, 2011. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 76 FR 74773, 74774 (December 1, 2011). On December 30, 2011, and January 3, 2012, Nucor Corporation and U.S. Steel Corporation (collectively, ‘‘Petitioners’’) timely requested that the Department conduct an administrative review of Essar Steel Limited (‘‘Essar’’), Ispat Industries Limited (‘‘Ispat’’), JSW Steel Limited (‘‘JSW’’), and Tata Steel Limited (‘‘Tata’’). Pursuant to these requests and in accordance with 19 CFR 351.221(c)(1)(i), the Department published a notice initiating the administrative review of Essar, Ispat, JSW, and Tata. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 77 FR 4759 (January 31, 2012). On January 31, 2012, the Department placed on the record and invited interested parties to comment on U.S. Customs and Border Protection (‘‘CBP’’) data, which the Department stated it would use for respondent selection in the instant review. See Memorandum to the File from George McMahon, Senior International Trade Analyst, through Melissa Skinner, Office Director, concerning ‘‘Certain Hot Rolled Carbon Steel Flat Products from India: Customs and Border Protection Data for Selection of Respondents for Individual Review,’’ dated January 31, 2012. We received no comments from interested parties on the CBP data. On February 1, 7, 14, and 15, 2012, JSW, Tata, Essar, and Ispat, respectively, submitted letters informing the Department that they did not make shipments of subject merchandise to the United States during the period of review. On March 7, 2012 and March 29, 2012, respectively, Nucor Corporation and U.S. Steel Corporation timely withdrew their respective requests for review of Essar, Ispat, JSW, and Tata. Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the E:\FR\FM\30APN1.SGM 30APN1 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices request within 90 days of the date of publication of the notice of initiation of the requested review. As noted above, Petitioners withdrew their respective requests for review of Essar, Ispat, JSW, and Tata within 90 days of the date of publication of the notice of initiation. Moreover, no other interested party requested an administrative review of these respondents. Therefore, in accordance with 19 CFR 351.213(d)(1) and consistent with our practice, we are rescinding this review with respect to Essar, Ispat, JSW, and Tata, and in its entirety.1 Assessment The Department will instruct CBP to assess antidumping duties on all appropriate entries. For Essar, Ispat, JSW, and Tata, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review. mstockstill on DSK4VPTVN1PROD with NOTICES Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent increase in antidumping duties by the amount of antidumping and/or countervailing duties reimbursed. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply 1 See, e.g., Certain Lined Paper Products From India: Notice of Partial Rescission of Antidumping Duty Administrative Review and Extension of Time Limit for the Preliminary Results of Antidumping Duty Administrative Review, 74 FR 21781, 21783 (May 11, 2009). VerDate Mar<15>2010 17:59 Apr 27, 2012 Jkt 226001 with the regulations and terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: April 24, 2012. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–10351 Filed 4–27–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–816] Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Extension of Time Limit for the Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Cindy Robinson, 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) 482–3797. AGENCY: Background On October 3, 2011, the U.S. Department of Commerce (‘‘Department’’) published a notice of initiation of the administrative review of the antidumping duty order on corrosion-resistant carbon steel flat products from the Republic of Korea, covering the period August 1, 2010, to July 31, 2011. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 76 FR 61076 (October 3, 2011). The preliminary results of this review are currently due no later than May 2, 2012. Extension of Time Limit of Preliminary Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires that the Department make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested. Section 751(a)(3)(A) of the Act further states that if it is not practicable to complete the review within the time period specified, the administering authority may extend the 245-day period to issue its preliminary results to up to 365 days. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 25405 We determine that completion of the preliminary results of this review within the 245-day period is not practicable. Additional time is needed to gather and analyze a significant amount of information pertaining to sales practices, manufacturing costs and corporate relationships pertaining to each company participating in the review. Given the number and complexity of issues in this case, in accordance with section 751(a)(3)(A) of the Act, we are fully extending by 120 days the time period for issuing the preliminary results of review. Therefore, the preliminary results are now due no later than August 30, 2012. The final results continue to be due 120 days after publication of the preliminary results. This notice is published pursuant to sections 751(a)(3)(A) and 777(i)(1) of the Act. Dated: April 24, 2012. Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2012–10350 Filed 4–27–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Modification to Content Published by Import Administration in the Federal Register Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Due to the mounting costs of publishing notices in the Federal Register and widespread access to the internet, Import Administration intends to modify the manner in which its determinations in antidumping and countervailing duty proceedings are made available to the public. The content of many of Import Administration’s Federal Register notices will be reduced, with much of the information previously included in our Federal Register notices being made available to the public in separate memoranda published on Import Administration’s Web site. Extension notices for preliminary and final results of reviews and certain other notices will no longer be published in the Federal Register. AGENCY: DATES: Effective Date: April 30, 2012. FOR FURTHER INFORMATION CONTACT: Dustin Ross, AD/CVD Operations, Office 1, Import Administration, or Shana Hofstetter, Office of Chief Counsel for Import Administration, U.S. Department E:\FR\FM\30APN1.SGM 30APN1

Agencies

[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Notices]
[Pages 25404-25405]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10351]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


Certain Hot-Rolled Carbon Steel Flat Products From India: 
Rescission of Antidumping Duty Administrative Review

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


DATES:  Effective Date: April 30, 2012.

FOR FURTHER INFORMATION CONTACT: George McMahon or James Terpstra, AD/
CVD Operations Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1167 and (202) 482-3965, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 1, 2011, the Department published in the Federal 
Register a notice announcing the opportunity to request an 
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from India for the period December 1, 
2010, through November 30, 2011. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity To Request 
Administrative Review, 76 FR 74773, 74774 (December 1, 2011).
    On December 30, 2011, and January 3, 2012, Nucor Corporation and 
U.S. Steel Corporation (collectively, ``Petitioners'') timely requested 
that the Department conduct an administrative review of Essar Steel 
Limited (``Essar''), Ispat Industries Limited (``Ispat''), JSW Steel 
Limited (``JSW''), and Tata Steel Limited (``Tata''). Pursuant to these 
requests and in accordance with 19 CFR 351.221(c)(1)(i), the Department 
published a notice initiating the administrative review of Essar, 
Ispat, JSW, and Tata. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Requests for Revocation in Part, 77 FR 
4759 (January 31, 2012).
    On January 31, 2012, the Department placed on the record and 
invited interested parties to comment on U.S. Customs and Border 
Protection (``CBP'') data, which the Department stated it would use for 
respondent selection in the instant review. See Memorandum to the File 
from George McMahon, Senior International Trade Analyst, through 
Melissa Skinner, Office Director, concerning ``Certain Hot Rolled 
Carbon Steel Flat Products from India: Customs and Border Protection 
Data for Selection of Respondents for Individual Review,'' dated 
January 31, 2012. We received no comments from interested parties on 
the CBP data.
    On February 1, 7, 14, and 15, 2012, JSW, Tata, Essar, and Ispat, 
respectively, submitted letters informing the Department that they did 
not make shipments of subject merchandise to the United States during 
the period of review.
    On March 7, 2012 and March 29, 2012, respectively, Nucor 
Corporation and U.S. Steel Corporation timely withdrew their respective 
requests for review of Essar, Ispat, JSW, and Tata.

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the

[[Page 25405]]

request within 90 days of the date of publication of the notice of 
initiation of the requested review. As noted above, Petitioners 
withdrew their respective requests for review of Essar, Ispat, JSW, and 
Tata within 90 days of the date of publication of the notice of 
initiation. Moreover, no other interested party requested an 
administrative review of these respondents. Therefore, in accordance 
with 19 CFR 351.213(d)(1) and consistent with our practice, we are 
rescinding this review with respect to Essar, Ispat, JSW, and Tata, and 
in its entirety.\1\
---------------------------------------------------------------------------

    \1\ See, e.g., Certain Lined Paper Products From India: Notice 
of Partial Rescission of Antidumping Duty Administrative Review and 
Extension of Time Limit for the Preliminary Results of Antidumping 
Duty Administrative Review, 74 FR 21781, 21783 (May 11, 2009).
---------------------------------------------------------------------------

Assessment

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. For Essar, Ispat, JSW, and Tata, antidumping 
duties shall be assessed at rates equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions to CBP 15 days after the date of publication of 
this notice of rescission of administrative review.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent increase in antidumping duties by the amount of 
antidumping and/or countervailing duties reimbursed.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
an APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: April 24, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-10351 Filed 4-27-12; 8:45 am]
BILLING CODE 3510-DS-P

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