Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Preliminary Results of 2013-2014 Antidumping Duty Administrative Review, 54521-54523 [2015-22855]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
the City of Memphis, Tennessee, grantee
of FTZ 77, requesting to expand
Subzone 77E at the facilities of
Cummins, Inc., located in Memphis,
Tennessee. The application was
submitted pursuant to the provisions of
the Foreign-Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the FTZ Board (15 CFR
part 400). It was formally docketed on
August 28, 2015.
Subzone 77E was approved on
December 20, 2010 (Board Order 1735,
76 FR 87, 01/03/2011) and currently
consists of one site (23.3 acres) located
at 4155 Quest Way, Memphis.
The applicant is requesting authority
to expand the subzone to include two
additional sites: Proposed Site 2 (19.91
acres)—5800 Challenge Drive, Memphis;
and, Proposed Site 3 (20.9 acres)—4650
Quality Drive, Memphis. The existing
subzone and expanded portion would
be subject to the existing activation limit
of FTZ 77. No authorization for
production activity has been requested
at this time.
In accordance with the FTZ Board’s
regulations, Kathleen Boyce of the FTZ
Staff is designated examiner to review
the application and make
recommendations to the Executive
Secretary.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is
October 20, 2015. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
November 4, 2015.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact
Kathleen Boyce at Kathleen.Boyce@
trade.gov or (202) 482–1346.
Dated: August 28, 2015.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2015–22859 Filed 9–9–15; 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: Notice of
Preliminary Results of 2013–2014
Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
the Petitioner,1 the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on certain
hot-rolled carbon steel flat products
from India (hot-rolled steel). The period
of review (POR) is December 1, 2013,
through November 30, 2014. This
review covers four companies, Ispat
Industries Ltd. (Ispat), JSW Steel Ltd.
(JSW), JSW Ispat Steel Ltd. (JSW Ispat),
and Tata Steel Ltd. (Tata). We
preliminarily determine that Ispat, JSW,
JSW Ispat, and Tata had no entries of
subject merchandise during the POR.
Interested parties are invited to
comment on these preliminary results.
DATES: Effective Date: September 10,
2015.
FOR FURTHER INFORMATION CONTACT:
George McMahon or Eric Greynolds,
AD/CVD Operations Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1167 and (202) 482–6071,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to this order
is certain hot-rolled carbon steel flat
products from India. The merchandise
subject to this order is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheadings: 7208.10.15.00,
7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00,
7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60,
7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60,
7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15,
7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60,
7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90,
1 The
VerDate Sep<11>2014
17:28 Sep 09, 2015
Jkt 235001
PO 00000
Petitioner is Nucor Corporation.
Frm 00011
Fmt 4703
Sfmt 4703
54521
7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00,
7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90.
Products subject to this order may also
enter under HTSUS subheadings:
7225.11.00.00, 7225.19.00.00,
7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90,
7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00,
7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise subject to this order is
dispositive.2
Methodology
The Department conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our preliminary results, see
the Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content. A list of the topics discussed in
the Preliminary Decision Memorandum
is attached as an Appendix to this
notice.
2 A full description of the scope of the order is
contained in the memorandum to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, titled ‘‘Certain
Hot-Rolled Carbon Steel Flat Products from India:
Decision Memorandum for the Preliminary Results
of the Antidumping Duty Administrative Review;
2013–2014’’ (Preliminary Decision Memorandum),
dated concurrently with and adopted by this notice.
E:\FR\FM\10SEN1.SGM
10SEN1
54522
Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices
Preliminary Determination of No
Shipments
Ispat, JSW, JSW Ispat, and Tata
submitted timely-filed certifications that
they had no exports, sales, or entries of
subject merchandise during the POR,3
and a query of U.S. Customs and Border
Protection (CBP) data did not show any
POR entries of subject merchandise by
Ispat, JSW, JSW Ispat, and Tata.4 In
addition, CBP did not identify any
entries of subject merchandise from
Ispat, JSW, JSW Ispat, and Tata during
the POR in response to an inquiry from
the Department asking CBP for such
information.5 Based on the foregoing,
the Department preliminarily
determines that Ispat, JSW, JSW Ispat,
and Tata had no shipments of the
subject merchandise, and, therefore, no
reviewable transactions, during the
POR.
mstockstill on DSK4VPTVN1PROD with NOTICES
Assessment Rate
Upon issuance of the final results of
this administrative review, the
Department shall determine, and CBP
shall assess, antidumping duties on all
appropriate entries, in accordance with
19 CFR 351.212. The Department
intends to issue assessment instructions
to CBP 15 days after publication of the
final results of this review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.6 If applicable, this
clarification will apply to all entries of
subject merchandise during the POR
produced or exported by Ispat, JSW,
JSW Ispat, and Tata, for which these
companies did not know that its
merchandise was destined for the
United States. Furthermore, this
clarification applies to all POR entries
entered under the case number for Ispat,
3 See Letter from JSW titled, ‘‘Certain Hot-Rolled
Carbon Steel Flat Products from India: No Shipment
Certification of JSW Steel Ltd.’’ (February 27, 2015).
JSW’s letter stated, ‘‘{p}lease note that this
statement applies as well to the companies listed
in the Department’s initiation notice as Ispat
Industries Ltd. and JSW Ispat Steel Ltd. Those
companies no longer exist as separate entities, but
have been merged into JSW Steel.’’ See Letter from
Tata titled, ‘‘Antidumping Duty Review of Certain
Hot-Rolled Carbon Steel Flat Products from India:
Tata Steel Limited Certification of No Shipments’’
(March 10, 2015); see also Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 6041 (February 4,
2015).
4 See Memorandum to the File titled, ‘‘Customs
and Border Protection (CBP) Data Query Results,’’
dated February 4, 2015; see also Memorandum to
the File titled, ‘‘Customs and Border Protection
(CBP) Data Query Results based on Second Data
Query,’’ dated February 24, 2015.
5 See CBP Message Number 5204308, dated July
23, 2015.
6 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
VerDate Sep<11>2014
17:28 Sep 09, 2015
Jkt 235001
JSW, JSW Ispat, and Tata if we continue
to make a final determination of no
shipments of subject merchandise,
because these companies and their
representatives certified that they made
no POR shipments of subject
merchandise for which they had
knowledge of U.S. destination. In such
instances, we will instruct CBP to
liquidate these entries at the all others
rate established in the less-than fairvalue (LTFV) investigation, as amended,
which is 38.72 percent,7 if there is no
rate for the intermediary involved in the
transaction. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.8
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rates for respondents noted
above, which claimed no shipments,
will remain unchanged from the rates
assigned to the companies in the most
recently completed review of the
companies; (2) for merchandise
exported by manufacturers or exporters
not covered in this administrative
review but covered in a prior segment
of the proceeding, the cash deposit rate
will continue to be the companyspecific rate published for the most
recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the manufacturer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 38.72
percent, the all-others rate established
in the LTFV investigation, as amended.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
7 See Notice of Amended Final Antidumping Duty
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Hot-Rolled
Carbon Steel Flat Products from India, 66 FR 60194
(December 3, 2001) (Amended Final
Determination).
8 See Assessment Policy Notice for a full
discussion of this clarification; see also, e.g.,
Magnesium Metal From the Russian Federation:
Final Results of Antidumping Duty Administrative
Review, 75 FR 56989, 56990 (September 17, 2010).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii)
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.9 Parties who submit comments
are requested to submit: (1) A statement
of the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.10 All briefs must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s ACCESS system within 30
days of publication of this notice.
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) The number of participants; and (3)
A list of the issues parties intend to
discuss. If a request for a hearing is
made, the Department intends to hold
the hearing at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and location to be determined.11
Parties should confirm by telephone the
date, time, and location of the hearing
two days before the scheduled date.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs.
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
the Act, the Department will issue the
final results of this administrative
review, including the results of our
analysis of the issues raised by the
parties in their case briefs, within 120
days after issuance of these preliminary
results.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and increase the subsequent
9 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2), (d)(2).
11 See 19 CFR 351.310.
10 See
E:\FR\FM\10SEN1.SGM
10SEN1
Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices
assessment of the antidumping duties
by the amount of antidumping duties
reimbursed.
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: September 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Results Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Recommendation
[FR Doc. 2015–22855 Filed 9–9–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–502]
Certain Welded Carbon Steel Standard
Pipes and Tubes From India:
Rescission of Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding its
administrative review of the
antidumping duty order on certain
welded carbon steel standard pipes and
tubes from India for the period of review
(POR) May 1, 2014, through April 30,
2015.
AGENCY:
DATES:
Effective Date: September 10,
2015.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: 202–482–0665.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
Background
On May 29, 2015, based on a timely
request for review by Allied Tube &
Conduit and JMC Steel Group, domestic
interested parties and producers of
certain welded carbon steel standard
pipes and tubes from India,1 the
1 See letter from Allied Tube & Conduit and JMC
Steel Group to the Department, ‘‘Circular Welded
VerDate Sep<11>2014
17:28 Sep 09, 2015
Jkt 235001
Department initiated an administrative
review of the antidumping duty order
on certain welded carbon steel standard
pipes and tubes from India with respect
to Lloyds Metals & Engineers Limited
and Lloyds Line Pipe Ltd., Lloyds Steel
Industries Ltd., Jindal Pipes Limited,
Maharashtra Seamless Limited,
Ratnamani Metals Tubes Ltd., and Tata
Iron and Steel Co., Ltd.2
On August 18, 2015, Allied Tube &
Conduit and JMC Steel Group withdrew
their request for an administrative
review.3
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review if a party that
requested a review withdraws the
request within 90 days of the date of
publication of notice of initiation of the
requested review. Allied Tube &
Conduit and JMC Steel Group withdrew
their request for review within the 90day time limit. Because no other party
requested a review, the Department is
rescinding this administrative review of
the antidumping duty order on certain
welded carbon steel standard pipes and
tubes from India.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries of certain welded
carbon steel standard pipes and tubes
from India during the POR at rates equal
to the cash deposit rate 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
publication of this notice in the Federal
Register.
Notifications
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
Carbon Steel Pipes and Tubes from India: Request
for Administrative Review’’ (May 29, 2015).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
37588 (July 1, 2015).
3 See letter from Allied Tube & Conduit and JMC
Steel Group to the Department, ‘‘Circular Welded
Carbon Steel Pipes and Tubes from India:
Withdrawal of Request for Administrative Review’’
(August 18, 2015).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
54523
duties occurred and the subsequent
assessment of doubled antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO, in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the 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: September 3, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2015–22852 Filed 9–9–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–834–807]
Silicomanganese From Kazakhstan:
Rescission of Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding its
administrative review of the
antidumping duty order on
silicomanganese from Kazakhstan for
the period of review (POR) May 1, 2014,
through April 30, 2015.
DATES: Effective Date: September 10,
2015.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla, AD/CVD Operations
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202–
482–3477.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2015, based on a timely
request for review by Eramet Marietta,
Inc. (Eramet) and Felman Production,
LLC (Felman), domestic interested
parties and producers of
E:\FR\FM\10SEN1.SGM
10SEN1
]]>Agencies
[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54521-54523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22855]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-820]
Certain Hot-Rolled Carbon Steel Flat Products From India: Notice
of Preliminary Results of 2013-2014 Antidumping Duty Administrative
Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from the Petitioner,\1\ the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on certain hot-rolled carbon steel
flat products from India (hot-rolled steel). The period of review (POR)
is December 1, 2013, through November 30, 2014. This review covers four
companies, Ispat Industries Ltd. (Ispat), JSW Steel Ltd. (JSW), JSW
Ispat Steel Ltd. (JSW Ispat), and Tata Steel Ltd. (Tata). We
preliminarily determine that Ispat, JSW, JSW Ispat, and Tata had no
entries of subject merchandise during the POR. Interested parties are
invited to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ The Petitioner is Nucor Corporation.
---------------------------------------------------------------------------
DATES: Effective Date: September 10, 2015.
FOR FURTHER INFORMATION CONTACT: George McMahon or Eric Greynolds, AD/
CVD Operations Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1167 and (202) 482-6071, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to this order is certain hot-rolled carbon
steel flat products from India. The merchandise subject to this order
is currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings: 7208.10.15.00, 7208.10.30.00,
7208.10.60.00, 7208.25.30.00, 7208.25.60.00, 7208.26.00.30,
7208.26.00.60, 7208.27.00.30, 7208.27.00.60, 7208.36.00.30,
7208.36.00.60, 7208.37.00.30, 7208.37.00.60, 7208.38.00.15,
7208.38.00.30, 7208.38.00.90, 7208.39.00.15, 7208.39.00.30,
7208.39.00.90, 7208.40.60.30, 7208.40.60.60, 7208.53.00.00,
7208.54.00.00, 7208.90.00.00, 7211.14.00.90, 7211.19.15.00,
7211.19.20.00, 7211.19.30.00, 7211.19.45.00, 7211.19.60.00,
7211.19.75.30, 7211.19.75.60, and 7211.19.75.90. Products subject to
this order may also enter under HTSUS subheadings: 7225.11.00.00,
7225.19.00.00, 7225.30.30.50, 7225.30.70.00, 7225.40.70.00,
7225.99.00.90, 7226.11.10.00, 7226.11.90.30, 7226.11.90.60,
7226.19.10.00, 7226.19.90.00, 7226.91.50.00, 7226.91.70.00,
7226.91.80.00, and 7226.99.00.00. Subject merchandise may also enter
under 7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 7212.40.10.00,
7212.40.50.00, and 7212.50.00.00. Although the HTSUS subheadings are
provided for convenience and customs purposes, the Department's written
description of the merchandise subject to this order is dispositive.\2\
---------------------------------------------------------------------------
\2\ A full description of the scope of the order is contained in
the memorandum to Paul Piquado, Assistant Secretary for Enforcement
and Compliance, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, titled ``Certain
Hot-Rolled Carbon Steel Flat Products from India: Decision
Memorandum for the Preliminary Results of the Antidumping Duty
Administrative Review; 2013-2014'' (Preliminary Decision
Memorandum), dated concurrently with and adopted by this notice.
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full
description of the methodology underlying our preliminary results, see
the Preliminary Decision Memorandum. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix to this notice.
[[Page 54522]]
Preliminary Determination of No Shipments
Ispat, JSW, JSW Ispat, and Tata submitted timely-filed
certifications that they had no exports, sales, or entries of subject
merchandise during the POR,\3\ and a query of U.S. Customs and Border
Protection (CBP) data did not show any POR entries of subject
merchandise by Ispat, JSW, JSW Ispat, and Tata.\4\ In addition, CBP did
not identify any entries of subject merchandise from Ispat, JSW, JSW
Ispat, and Tata during the POR in response to an inquiry from the
Department asking CBP for such information.\5\ Based on the foregoing,
the Department preliminarily determines that Ispat, JSW, JSW Ispat, and
Tata had no shipments of the subject merchandise, and, therefore, no
reviewable transactions, during the POR.
---------------------------------------------------------------------------
\3\ See Letter from JSW titled, ``Certain Hot-Rolled Carbon
Steel Flat Products from India: No Shipment Certification of JSW
Steel Ltd.'' (February 27, 2015). JSW's letter stated,
``{p{time} lease note that this statement applies as well to the
companies listed in the Department's initiation notice as Ispat
Industries Ltd. and JSW Ispat Steel Ltd. Those companies no longer
exist as separate entities, but have been merged into JSW Steel.''
See Letter from Tata titled, ``Antidumping Duty Review of Certain
Hot-Rolled Carbon Steel Flat Products from India: Tata Steel Limited
Certification of No Shipments'' (March 10, 2015); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 80 FR 6041 (February 4, 2015).
\4\ See Memorandum to the File titled, ``Customs and Border
Protection (CBP) Data Query Results,'' dated February 4, 2015; see
also Memorandum to the File titled, ``Customs and Border Protection
(CBP) Data Query Results based on Second Data Query,'' dated
February 24, 2015.
\5\ See CBP Message Number 5204308, dated July 23, 2015.
---------------------------------------------------------------------------
Assessment Rate
Upon issuance of the final results of this administrative review,
the Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries, in accordance with 19 CFR 351.212.
The Department intends to issue assessment instructions to CBP 15 days
after publication of the final results of this review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\6\ If applicable, this clarification will apply to all
entries of subject merchandise during the POR produced or exported by
Ispat, JSW, JSW Ispat, and Tata, for which these companies did not know
that its merchandise was destined for the United States. Furthermore,
this clarification applies to all POR entries entered under the case
number for Ispat, JSW, JSW Ispat, and Tata if we continue to make a
final determination of no shipments of subject merchandise, because
these companies and their representatives certified that they made no
POR shipments of subject merchandise for which they had knowledge of
U.S. destination. In such instances, we will instruct CBP to liquidate
these entries at the all others rate established in the less-than fair-
value (LTFV) investigation, as amended, which is 38.72 percent,\7\ if
there is no rate for the intermediary involved in the transaction.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.\8\
---------------------------------------------------------------------------
\6\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
\7\ See Notice of Amended Final Antidumping Duty Determination
of Sales at Less Than Fair Value and Antidumping Duty Order: Certain
Hot-Rolled Carbon Steel Flat Products from India, 66 FR 60194
(December 3, 2001) (Amended Final Determination).
\8\ See Assessment Policy Notice for a full discussion of this
clarification; see also, e.g., Magnesium Metal From the Russian
Federation: Final Results of Antidumping Duty Administrative Review,
75 FR 56989, 56990 (September 17, 2010).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rates for respondents noted above,
which claimed no shipments, will remain unchanged from the rates
assigned to the companies in the most recently completed review of the
companies; (2) for merchandise exported by manufacturers or exporters
not covered in this administrative review but covered in a prior
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published for the most recently completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recently completed segment of this proceeding for the
manufacturer of the subject merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 38.72
percent, the all-others rate established in the LTFV investigation, as
amended. These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii) interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\9\ Parties who submit comments are requested to submit:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\10\ All briefs must be filed electronically
using ACCESS. An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, ACCESS.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
using Enforcement and Compliance's ACCESS system within 30 days of
publication of this notice. Requests should contain: (1) The party's
name, address, and telephone number; (2) The number of participants;
and (3) A list of the issues parties intend to discuss. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time and location to be determined.\11\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310.
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act, the Department will issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in their case briefs,
within 120 days after issuance of these preliminary results.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and increase the
subsequent
[[Page 54523]]
assessment of the antidumping duties by the amount of antidumping
duties reimbursed.
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Results Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Recommendation
[FR Doc. 2015-22855 Filed 9-9-15; 8:45 am]
BILLING CODE 3510-DS-P
