Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Second Amended Final Results of Administrative Review Pursuant to Court Decision, 25701-25702 [2013-10413]
Download as PDF
Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices
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’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: April 25, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Notice of Intent To Revoke Order In Part
5. Fair Value Comparisons
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
6. Product Comparisons
7. Export Price and Constructed Export Price
8. Normal Value
A. Home Market Viability and Selection of
Comparison Market
B. Level of Trade
C. Calculation of Normal Value Based on
Comparison-Market Prices
9. Currency Conversion
10. Verification
[FR Doc. 2013–10404 Filed 5–1–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–821]
sroberts on DSK5SPTVN1PROD with NOTICES
Certain Hot-Rolled Carbon Steel Flat
Products From India: Notice of Second
Amended Final Results of
Administrative Review Pursuant to
Court Decision
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
SUMMARY: On April 9, 2013, the United
States Court of International Trade (CIT)
sustained the Department of
Commerce’s (the Department) January
VerDate Mar<15>2010
16:50 May 01, 2013
Jkt 229001
2013 remand results.1 The January 2013
remand results explained how the
Department corroborated, to the extent
practicable, the adverse facts available
(AFA) rate assigned to Essar Steel
Limited (Essar) in connection with the
State Government of Chhattisgarh
Industrial Policy (CIP) in the
countervailing duty (CVD)
administrative review of certain hotrolled carbon steel flat products from
India for the 2007 review period (the
fifth review period or fifth
administrative review).2 Consistent with
the decision of the United States Court
of Appeals for the Federal Circuit
(CAFC) in Timken,3 as clarified by
Diamond Sawblades,4 the Department is
notifying the public that the final CIT
judgment in this case is not in harmony
with the Department’s Amended Final
Results 5 and is, therefore, amending the
Amended Final Results.
DATES: Effective Date: April 19, 2013.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak, AD/CVD Operations,
Office 8, Import Administration, U.S.
Department of Commerce, C129, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202–
482–2209.
SUPPLEMENTARY INFORMATION: On May 6,
2009, the Department published its
Final Results.6 In the Final Results,
pursuant to sections 776(a) and (b) of
the Tariff Act of 1930, as amended (the
Act), the Department applied AFA to
find that the subprograms under the CIP
1 See Essar Steel Limited v. United States, Slip
Op. 13–48, Court No. 09–197 (Ct. Int’l Trade April
9, 2013) (Essar V); Results of Redetermination
Pursuant to Court Remand, Essar Steel Limited v.
United States, Court Number 09–00197, Slip Op.
12–132 (CIT October 15, 2012) filed with the CIT
on January 11, 2013 (January 2013 remand results).
2 See Certain Hot-Rolled Carbon Steel Flat
Products from India: Final Results and Partial
Rescission of Countervailing Duty Administrative
Review, 74 FR 20,923 (May 6, 2009) (Final Results),
and the accompanying Issues and Decision
Memorandum (I&D Memorandum). The
administrative review covering the 2007 period is
the fifth administrative review of the countervailing
duty order on HRCS from India. The administrative
review covering the 2006 period is the ‘‘fourth’’
administrative review. See Final Results, and the
accompanying I&D Memorandum at ‘‘Sale of HighGrade Iron Ore for LTAR’’ section (referring to the
2006 administrative review as the fourth
administrative review).
3 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
4 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
5 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 7810 (February 11, 2011) (Amended Final
Results).
6 See Final Results.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
25701
constituted financial contributions that
were specific and that Essar used and
benefited from the subprograms under
the CIP.7 The Department attempted to
calculate an individual rate for Essar
based on the benefit received from the
CIP programs but, because it was unable
to obtain the necessary information from
Essar, it relied on secondary information
to determine a rate.8 Specifically, the
Department used the highest above de
minimis subsidy rate calculated for
similar programs (from prior segments
of this proceeding) involving grants, the
provision of goods for less than
adequate remuneration (LTAR), and
indirect taxes.9
In Essar I, the CIT remanded
Commerce’s AFA determination that
Essar benefited from the CIP.10 The CIT
explained that the Department’s
conclusions in its July 2010 remand
redetermination regarding the fourth
administrative review in this
proceeding, in which the Department
found that Essar did not benefit from the
CIP based on documents on the fourth
administrative review remand record,
cast ‘‘grave doubt’’ upon the
Department’s findings that Essar
benefited from the CIP during the fifth
review period.11 Thus, the CIT ordered
the Department to reopen and place on
the administrative record of the fifth
administrative review certain
documents from the fourth
administrative review remand
proceeding, and to consider those
documents in its reassessment of
whether Essar benefited from the CIP.12
On October 28, 2010, the Department
issued its final results of
redetermination pursuant to Essar I. The
remand redetermination explained that,
in accordance with the CIT’s order, and
under respectful protest, the Department
placed certain documents from the
fourth administrative review remand
proceeding on the record of the fifth
administrative review. In light of certain
statements by the CIT in Essar I and
those documents that the CIT ordered
the Department to place on the
administrative record, the Department
reassessed whether Essar benefited from
the CIP during the fifth review period
7 See Final Results, and the accompanying I&D
Memorandum at 3–7 and Comment 2.
8 Id. at 22–26.
9 Id.
10 Essar Steel Limited v. United States, 721 F.
Supp. 2d 1285, 1301 (CIT 2010) (Essar I).
11 Id. at 1300; see also Final Results of
Redetermination Pursuant to Court Remand, United
States Steel Corp. v. United States, CIT No., 08–239
(Department of Commerce July 15, 2010) (Fourth
Administrative Review Redetermination) at 5–6, 22–
23.
12 Essar I at 1301.
E:\FR\FM\02MYN1.SGM
02MYN1
25702
Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Notices
sroberts on DSK5SPTVN1PROD with NOTICES
and determined that Essar did not.13
The Department’s redetermination
resulted in a change to the Final Results
concerning Essar’s net subsidy rate for
the CIP from 54.69 percent to zero.14
Therefore, Essar’s total net
countervailable rate from the Final
Results, 76.88 percent, decreased by
54.69 percentage points to a total net
countervailable subsidy rate of 22.19
percent.15 The CIT sustained the
Department’s remand redetermination
on January 25, 2011, in Essar II.16
On February 11, 2011, the Department
published the Amended Final Results,
amending the total net countervailable
subsidy rate for Essar for the period
January 1, 2007, through December 31,
2007, and cash deposit rate to 22.19
percent.17 The Department instructed
U.S. Customs and Border Protection
(CBP) to collect cash deposits for Essar
at the cash deposit rate of 22.19 percent.
The CIT’s ruling in Essar II was
appealed to the CAFC. In Essar III, the
CAFC reversed the CIT’s decision
concerning the application of AFA with
respect to the CIP and upheld the
Department’s application of AFA with
respect to Essar’s participation in the
CIP as supported by substantial
evidence.18 Subsequently, the case
returned to the CIT, which remanded
the case for Commerce to address the
outstanding issue of corroboration of the
AFA rate the Department had applied to
Essar for the CIP in the Final Results.19
The CIT stated that the Department
‘‘explained its methodology for
calculating the AFA rate assigned to
Essar for its participation in the CIP
programs but did not discuss the
specific issue of corroboration.’’ 20
Therefore, the Court remanded the case
13 See Final Results of Redetermination Pursuant
to Court Remand, Essar Steel Limited. v. United
States, Court No., 09–00197 (Department of
Commerce October 28, 2010) at 16 (Essar I Remand
Redetermination).
14 Id. at 16–17.
15 Id. In Essar I Remand Redetermination, the
Department inadvertently stated that Essar’s total
net countervailable subsidy rate from the Final
Results, 76.88 percent, decreased by 54.69
percentage points, to a total net countervailable
subsidy rate of 22.19 percent. See also the Amended
Final Results. However, Essar’s AFA rate for the CIP
in the Final Results was 54.68 percent ad valorem,
not 54.69 percent ad valorem. Therefore, the correct
AFA rate for Essar is 54.68 percent ad valorem,
which is the AFA rate from the Final Results. The
final net subsidy rate for Essar is the same rate as
the rate from the Final Results, 76.88 ad valorem.
16 See Essar Steel Limited v. United States, Slip
Op. 11–10, Court No. 09–197 (Ct Int’l Trade January
25, 2011) (Essar II).
17 Amended Final Results, 76 FR at 7811.
18 See Essar Steel Limited v. United States, 678
F.3d 1268, 1278–1279 (CAFC 2012) (Essar III).
19 Essar Steel Limited v. United States, 880 F.
Supp. 2d 1327, 1332 (CIT 2012) (Essar IV).
20 Essar IV at 1330.
VerDate Mar<15>2010
16:50 May 01, 2013
Jkt 229001
for the Department to explain how it
corroborated Essar’s AFA rate or explain
why corroboration is not practicable.21
On January 11, 2013, the Department
filed with the CIT its remand results
explaining how it corroborated, to the
extent practicable, the AFA rate it had
assigned to Essar in the Final Results.22
On April 9, 2013, the CIT sustained the
Department’s remand results, holding
that the Department ‘‘corroborated
Essar’s AFA rate to the extent
practicable by utilizing calculated
benefits from similar programs
identified in this CVD proceeding.’’ 23
Amended Final Results
The CIT’s April 9, 2013, judgment in
Essar V sustaining the Department’s
corroboration of the AFA rate for Essar
(54.68 percent ad valorem), constitutes
a final decision of that court that is not
in harmony with the Department’s
Amended Final Results.24 Because there
is now a final CIT decision, the
Department amends its Amended Final
Results. The following total
countervailable net subsidy rate exists
for the 2007 period of review:
Ad valorem
net subsidy
rate
(percent)
Company
Essar Steel Limited ..............
76.88
The cash deposit rate for Essar is also
76.88 percent. The Department will
instruct CBP to collect cash deposits for
Essar at the rate indicated.
In the event the CIT’s ruling is not
appealed or, if appealed, upheld by the
CAFC, the Department will instruct CBP
to assess countervailing duties on
entries of the subject merchandise
during the 2007 review period from
Essar based on the revised assessment
rate determined by the Department.
This notice is issued and published in
accordance with sections 516A(e),
751(a), and 777(i)(1) of the Act.
Dated: April 25, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–10413 Filed 5–1–13; 8:45 am]
BILLING CODE 3510–DS–P
21 Id.
at 1331.
January 2013 remand results.
23 See Essar V.
24 See section 516A of the Act; Timken, 893 F.2d
at 341; Diamond Sawblades, 626 F.3d 1374.
22 See
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC511
Notice of Availability of a Draft
Programmatic Environmental
Assessment for Fisheries Research
Conducted and Funded by the National
Marine Fisheries Service, Southwest
Fisheries Science Center
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of a Draft
Programmatic Environmental
Assessment; Request for comments.
AGENCY:
SUMMARY: NMFS announces the
availability of the ‘‘Draft Programmatic
Environmental Assessment (DPEA) for
Fisheries Research Conducted and
Funded by the Southwest Fisheries
Science Center (SWFSC).’’ Publication
of this notice begins the official public
comment period for this DPEA. The
purpose of the DPEA is to evaluate, in
compliance with the National
Environmental Policy Act (NEPA), the
potential direct, indirect, and
cumulative impacts of conducting and
funding fisheries and ecosystem
research along the U.S. West Coast,
throughout the Eastern Tropical Pacific
Ocean, and in the Scotia Sea area off
Antarctica.
DATES: Comments and information must
be received no later than July 1, 2013.
ADDRESSES: Comments on the DPEA
should be addressed to Jeremy Rusin,
Deputy Director, SWFSC Protected
Resources Division, 8901 La Jolla Shores
Drive, La Jolla, CA 92037. The mailbox
address for providing email comments
is SWFSC.DPEA@noaa.gov. NMFS is not
responsible for email comments sent to
addresses other than the one provided
here. Comments sent via email,
including all attachments, must not
exceed a 10-megabyte file size.
A copy of the DPEA may be obtained
by writing to the address specified
above, telephoning the contact listed
below (see FOR FURTHER INFORMATION
CONTACT), or visiting the internet at:
https://swfsc.noaa.gov/dpea.aspx.
Documents cited in this notice may also
be viewed, by appointment, during
regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Jeremy Rusin, SWFSC, NMFS, (858)
546–7101.
SUPPLEMENTARY INFORMATION: The
SWFSC is the research arm of NMFS in
E:\FR\FM\02MYN1.SGM
02MYN1
Agencies
[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Notices]
[Pages 25701-25702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10413]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-821]
Certain Hot-Rolled Carbon Steel Flat Products From India: Notice
of Second Amended Final Results of Administrative Review Pursuant to
Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 9, 2013, the United States Court of International
Trade (CIT) sustained the Department of Commerce's (the Department)
January 2013 remand results.\1\ The January 2013 remand results
explained how the Department corroborated, to the extent practicable,
the adverse facts available (AFA) rate assigned to Essar Steel Limited
(Essar) in connection with the State Government of Chhattisgarh
Industrial Policy (CIP) in the countervailing duty (CVD) administrative
review of certain hot-rolled carbon steel flat products from India for
the 2007 review period (the fifth review period or fifth administrative
review).\2\ Consistent with the decision of the United States Court of
Appeals for the Federal Circuit (CAFC) in Timken,\3\ as clarified by
Diamond Sawblades,\4\ the Department is notifying the public that the
final CIT judgment in this case is not in harmony with the Department's
Amended Final Results \5\ and is, therefore, amending the Amended Final
Results.
---------------------------------------------------------------------------
\1\ See Essar Steel Limited v. United States, Slip Op. 13-48,
Court No. 09-197 (Ct. Int'l Trade April 9, 2013) (Essar V); Results
of Redetermination Pursuant to Court Remand, Essar Steel Limited v.
United States, Court Number 09-00197, Slip Op. 12-132 (CIT October
15, 2012) filed with the CIT on January 11, 2013 (January 2013
remand results).
\2\ See Certain Hot-Rolled Carbon Steel Flat Products from
India: Final Results and Partial Rescission of Countervailing Duty
Administrative Review, 74 FR 20,923 (May 6, 2009) (Final Results),
and the accompanying Issues and Decision Memorandum (I&D
Memorandum). The administrative review covering the 2007 period is
the fifth administrative review of the countervailing duty order on
HRCS from India. The administrative review covering the 2006 period
is the ``fourth'' administrative review. See Final Results, and the
accompanying I&D Memorandum at ``Sale of High-Grade Iron Ore for
LTAR'' section (referring to the 2006 administrative review as the
fourth administrative review).
\3\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\4\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
\5\ 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 7810
(February 11, 2011) (Amended Final Results).
---------------------------------------------------------------------------
DATES: Effective Date: April 19, 2013.
FOR FURTHER INFORMATION CONTACT: Robert Copyak, AD/CVD Operations,
Office 8, Import Administration, U.S. Department of Commerce, C129,
14th Street and Constitution Avenue NW., Washington, DC 20230;
telephone: 202-482-2209.
SUPPLEMENTARY INFORMATION: On May 6, 2009, the Department published
its Final Results.\6\ In the Final Results, pursuant to sections 776(a)
and (b) of the Tariff Act of 1930, as amended (the Act), the Department
applied AFA to find that the subprograms under the CIP constituted
financial contributions that were specific and that Essar used and
benefited from the subprograms under the CIP.\7\ The Department
attempted to calculate an individual rate for Essar based on the
benefit received from the CIP programs but, because it was unable to
obtain the necessary information from Essar, it relied on secondary
information to determine a rate.\8\ Specifically, the Department used
the highest above de minimis subsidy rate calculated for similar
programs (from prior segments of this proceeding) involving grants, the
provision of goods for less than adequate remuneration (LTAR), and
indirect taxes.\9\
---------------------------------------------------------------------------
\6\ See Final Results.
\7\ See Final Results, and the accompanying I&D Memorandum at 3-
7 and Comment 2.
\8\ Id. at 22-26.
\9\ Id.
---------------------------------------------------------------------------
In Essar I, the CIT remanded Commerce's AFA determination that
Essar benefited from the CIP.\10\ The CIT explained that the
Department's conclusions in its July 2010 remand redetermination
regarding the fourth administrative review in this proceeding, in which
the Department found that Essar did not benefit from the CIP based on
documents on the fourth administrative review remand record, cast
``grave doubt'' upon the Department's findings that Essar benefited
from the CIP during the fifth review period.\11\ Thus, the CIT ordered
the Department to reopen and place on the administrative record of the
fifth administrative review certain documents from the fourth
administrative review remand proceeding, and to consider those
documents in its reassessment of whether Essar benefited from the
CIP.\12\
---------------------------------------------------------------------------
\10\ Essar Steel Limited v. United States, 721 F. Supp. 2d 1285,
1301 (CIT 2010) (Essar I).
\11\ Id. at 1300; see also Final Results of Redetermination
Pursuant to Court Remand, United States Steel Corp. v. United
States, CIT No., 08-239 (Department of Commerce July 15, 2010)
(Fourth Administrative Review Redetermination) at 5-6, 22-23.
\12\ Essar I at 1301.
---------------------------------------------------------------------------
On October 28, 2010, the Department issued its final results of
redetermination pursuant to Essar I. The remand redetermination
explained that, in accordance with the CIT's order, and under
respectful protest, the Department placed certain documents from the
fourth administrative review remand proceeding on the record of the
fifth administrative review. In light of certain statements by the CIT
in Essar I and those documents that the CIT ordered the Department to
place on the administrative record, the Department reassessed whether
Essar benefited from the CIP during the fifth review period
[[Page 25702]]
and determined that Essar did not.\13\ The Department's redetermination
resulted in a change to the Final Results concerning Essar's net
subsidy rate for the CIP from 54.69 percent to zero.\14\ Therefore,
Essar's total net countervailable rate from the Final Results, 76.88
percent, decreased by 54.69 percentage points to a total net
countervailable subsidy rate of 22.19 percent.\15\ The CIT sustained
the Department's remand redetermination on January 25, 2011, in Essar
II.\16\
---------------------------------------------------------------------------
\13\ See Final Results of Redetermination Pursuant to Court
Remand, Essar Steel Limited. v. United States, Court No., 09-00197
(Department of Commerce October 28, 2010) at 16 (Essar I Remand
Redetermination).
\14\ Id. at 16-17.
\15\ Id. In Essar I Remand Redetermination, the Department
inadvertently stated that Essar's total net countervailable subsidy
rate from the Final Results, 76.88 percent, decreased by 54.69
percentage points, to a total net countervailable subsidy rate of
22.19 percent. See also the Amended Final Results. However, Essar's
AFA rate for the CIP in the Final Results was 54.68 percent ad
valorem, not 54.69 percent ad valorem. Therefore, the correct AFA
rate for Essar is 54.68 percent ad valorem, which is the AFA rate
from the Final Results. The final net subsidy rate for Essar is the
same rate as the rate from the Final Results, 76.88 ad valorem.
\16\ See Essar Steel Limited v. United States, Slip Op. 11-10,
Court No. 09-197 (Ct Int'l Trade January 25, 2011) (Essar II).
---------------------------------------------------------------------------
On February 11, 2011, the Department published the Amended Final
Results, amending the total net countervailable subsidy rate for Essar
for the period January 1, 2007, through December 31, 2007, and cash
deposit rate to 22.19 percent.\17\ The Department instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits for Essar
at the cash deposit rate of 22.19 percent.
---------------------------------------------------------------------------
\17\ Amended Final Results, 76 FR at 7811.
---------------------------------------------------------------------------
The CIT's ruling in Essar II was appealed to the CAFC. In Essar
III, the CAFC reversed the CIT's decision concerning the application of
AFA with respect to the CIP and upheld the Department's application of
AFA with respect to Essar's participation in the CIP as supported by
substantial evidence.\18\ Subsequently, the case returned to the CIT,
which remanded the case for Commerce to address the outstanding issue
of corroboration of the AFA rate the Department had applied to Essar
for the CIP in the Final Results.\19\ The CIT stated that the
Department ``explained its methodology for calculating the AFA rate
assigned to Essar for its participation in the CIP programs but did not
discuss the specific issue of corroboration.'' \20\ Therefore, the
Court remanded the case for the Department to explain how it
corroborated Essar's AFA rate or explain why corroboration is not
practicable.\21\
---------------------------------------------------------------------------
\18\ See Essar Steel Limited v. United States, 678 F.3d 1268,
1278-1279 (CAFC 2012) (Essar III).
\19\ Essar Steel Limited v. United States, 880 F. Supp. 2d 1327,
1332 (CIT 2012) (Essar IV).
\20\ Essar IV at 1330.
\21\ Id. at 1331.
---------------------------------------------------------------------------
On January 11, 2013, the Department filed with the CIT its remand
results explaining how it corroborated, to the extent practicable, the
AFA rate it had assigned to Essar in the Final Results.\22\ On April 9,
2013, the CIT sustained the Department's remand results, holding that
the Department ``corroborated Essar's AFA rate to the extent
practicable by utilizing calculated benefits from similar programs
identified in this CVD proceeding.'' \23\
---------------------------------------------------------------------------
\22\ See January 2013 remand results.
\23\ See Essar V.
---------------------------------------------------------------------------
Amended Final Results
The CIT's April 9, 2013, judgment in Essar V sustaining the
Department's corroboration of the AFA rate for Essar (54.68 percent ad
valorem), constitutes a final decision of that court that is not in
harmony with the Department's Amended Final Results.\24\ Because there
is now a final CIT decision, the Department amends its Amended Final
Results. The following total countervailable net subsidy rate exists
for the 2007 period of review:
---------------------------------------------------------------------------
\24\ See section 516A of the Act; Timken, 893 F.2d at 341;
Diamond Sawblades, 626 F.3d 1374.
------------------------------------------------------------------------
Ad valorem net
Company subsidy rate
(percent)
------------------------------------------------------------------------
Essar Steel Limited..................................... 76.88
------------------------------------------------------------------------
The cash deposit rate for Essar is also 76.88 percent. The
Department will instruct CBP to collect cash deposits for Essar at the
rate indicated.
In the event the CIT's ruling is not appealed or, if appealed,
upheld by the CAFC, the Department will instruct CBP to assess
countervailing duties on entries of the subject merchandise during the
2007 review period from Essar based on the revised assessment rate
determined by the Department.
This notice is issued and published in accordance with sections
516A(e), 751(a), and 777(i)(1) of the Act.
Dated: April 25, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-10413 Filed 5-1-13; 8:45 am]
BILLING CODE 3510-DS-P