[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Notices]
[Pages 8301-8303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3743]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-849


Certain Cut-to-Length Carbon Steel Plate From the People's 
Republic of China: Final Results of the 2007-2008 Administrative Review 
of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 10, 2009, the Department of Commerce 
(``Department'') published Certain Cut-to-Length Carbon Steel Plate 
From the People's Republic of China: Preliminary Results and Partial 
Rescission of Antidumping Duty Administrative Review, 74 FR 39921 
(August 10, 2009) (``Preliminary Results''). The period of review 
(``POR'') is November 1, 2007, through October 31, 2008. The 
administrative review covers one respondent, Hunan Valin Xiangtan Iron 
& Steel Co., Ltd. (``Valin Xiangtan'').
    We invited interested parties to comment on our Preliminary 
Results. Based on our analysis of the comments received, we made 
certain changes to our margin calculation for Valin Xiangtan. The final 
dumping margin for this review is listed in the ``Final Results 
Margins'' section below.

EFFECTIVE DATE: February 24, 2010.

FOR FURTHER INFORMATION CONTACT:  Demitrios Kalogeropoulos or Trisha 
Tran, AD/CVD Operations, Office 8, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2623 and (202) 482-4852, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2009, the Department published its Preliminary 
Results in the antidumping duty administrative review of certain cut-
to-length carbon steel plate (``CTL plate'') from the People's Republic 
of China (``PRC'').
    On August 8, 2009, Valin Xiangtan and domestic interested party, 
Nucor Corporation (``Nucor'') submitted surrogate value information. On 
August 17, 2009 Valin Xiangtan submitted rebuttal comments for the 
surrogate value information submitted by Nucor. We received additional 
factual information regarding the implementation of export licenses on 
August 20, 2009, from Nucor and Valin Xiangtan. On September 2, 2009, 
we received the second supplemental Section D questionnaire response 
from Valin Xiangtan. On September 9, 2009, Nucor submitted a request 
for a formal hearing regarding issues raised in its case and rebuttal 
brief, and submitted a letter withdrawing the request for a hearing on 
October 16, 2009. Valin Xiangtan submitted its case brief and rebuttal 
brief on October 1, and October 13, 2009, respectively. Nucor submitted 
its case brief and rebuttal brief on October 1, and October 9, 2009, 
respectively. On October 9, 2009, Valin Xiangtan submitted comments 
regarding alleged new factual information in Nucor's case brief. On 
October 15, 2009, Nucor replied to the October 9, 2009, comments from 
Valin Xiangtan. On November 4, 2009, the Department drafted a Memo to 
the File stating that allegations of new factual information were 
unfounded. On November 20, 2009, the Department extended the deadline 
for the final results of review. See Certain Cut-to-Length Carbon Steel 
Plate from the People's Republic of China: Notice of Extension of Time 
Limit for Final Results of Administrative Review, 74 FR 60237 (November 
20, 2009).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Memorandum from John M. Andersen, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, regarding, Certain Cut-to-Length Carbon Steel 
Plate From the

[[Page 8302]]

People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the 2007-2008 Administrative Review, dated 
concurrently with this notice (``Issues and Decision Memorandum''), 
which is hereby adopted by this notice. A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum follows as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file in the Central 
Records Unit (``CRU''), Main Commerce Building, Room 1117, and is also 
accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Issues and Decision Memorandum are identical 
in content.

Period of Review

    The POR is November 1, 2007, through October 31, 2008.

Scope of the Order

    The products covered by the order are hot-rolled carbon steel 
universal mill plates (i.e., flat-rolled products rolled on four faces 
or in a closed box pass, of a width exceeding 150 mm but not exceeding 
1250 mm and of a thickness of not less than 4 mm, not in coils and 
without patterns in relief), of rectangular shape, neither clad, plated 
nor coated with metal, whether or not painted, varnished, or coated 
with plastics or other nonmetallic substances; and certain carbon steel 
flat-rolled products in straight lengths, of rectangular shape, hot-
rolled, neither clad, plated, nor coated with metal, whether or not 
painted, varnished, or coated with plastics or other nonmetallic 
substances, 4.75 mm or more in thickness and of a width which exceeds 
150 mm and measures at least twice the thickness as currently 
classifiable in the Harmonized Tariff Schedule of the United States 
(``HTSUS'') under item numbers 7208.40.3030, 7208.40.3060, 
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 
7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000. 
Included in the order are flat-rolled products of non-rectangular 
cross-section where such cross-section is achieved subsequent to the 
rolling process (i.e., products which have been ``worked after 
rolling'')--for example, products which have been beveled or rounded at 
the edges. Excluded from the subject merchandise within the scope of 
this order and these Agreements is grade X-70 plate. Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the order and the Agreements is 
dispositive.\1\
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    \1\ Inadvertently, the scope listed in the Preliminary Results 
included the following language: ``{a{time} lso excluded from the 
order is certain carbon cut-to-length steel plate with a maximum 
thickness of 80 mm in steel grades BS 7191, 355 EM, and 355 EMZ, as 
amended by Sable Offshore Energy Project specification XB MOO Y 15 
0001, types 1 and 2.'' This exclusion is not part of the scope, but 
was inadvertently included after a changed circumstances review on 
CTL plate from Finland, Germany, and the UK. See Certain Cut-To-
Length Carbon Steel Plate from Finland, Germany and the United 
Kingdom: Final Results of Changed Circumstances Antidumping Duty and 
Countervailing Duty Reviews, and Revocation of Orders in Part, 64 FR 
46343 (August 25, 1999). See also Continuation of Antidumping Duty 
Order on Certain Cut-to-Length Carbon Steel Plate from the People's 
Republic of China and Continuation of Suspended Antidumping Duty 
Investigations on Certain Cut-to-Length Carbon Steel Plate from the 
Russian Federation and Ukraine, 74 FR 57994 (November 10, 2009). 
Accordingly, this language is removed from the scope for these final 
results.
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Changes Since the Preliminary Results

    Based on an analysis of the comments received, the Department has 
made certain changes to the margin calculation for Valin Xiangtan. For 
the final results, the Department has made the following changes:
<bullet> We have revised the surrogate value for certain gas by-
products. See Issues and Decisions Memorandum at Comment 5; see also 
Memorandum regarding, Factors Valuations for the Final Results of the 
2007-2008 Administrative Review of the Antidumping Duty Order on 
Certain Cut-to-Length Carbon Steel Plate From the People's Republic of 
China, dated concurrently with this notice (``Final SV Memo'').
<bullet> We have revised the surrogate value for dolomite in our margin 
calculation. See Issues and Decisions Memorandum at Comment 6; see also 
Final SV Memo.
<bullet> We have granted certain by-product offsets in our margin 
calculation. See Issues and Decisions Memorandum at Comment 10; see 
also Memorandum regarding, 2007-2008 Administrative Review of the 
Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate From 
the People's Republic of China: Analysis of the Final Results Margin 
Calculation for Valin Xiangtan, dated concurrently with this notice 
(``Final Analysis Memorandum'').
<bullet> We have fixed certain programming errors. See Issues and 
Decisions Memorandum at Comment 11; see also Final Analysis Memorandum.
<bullet> We have valued electrodes in our normal value calculation. See 
Issues and Decisions Memorandum at Comment 12; see also Final Analysis 
Memorandum.

Final Results Margin

    We determine the weighted-average dumping margin for Valin Xiangtan 
for the period November 1, 2007, through October 31, 2008, to be 0.00 
percent.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries 
of subject merchandise in accordance with the final results of this 
review. For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. Where 
appropriate, we calculated an ad valorem rate for each importer (or 
customer) by dividing the total dumping margins for reviewed sales to 
that party by the total entered values associated with those 
transactions. For duty-assessment rates calculated on this basis, we 
will direct CBP to assess the resulting ad valorem rate against the 
entered customs values for the subject merchandise. Where appropriate, 
we calculated a per-unit rate for each importer (or customer) by 
dividing the total dumping margins for reviewed sales to that party by 
the total sales quantity associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess 
the resulting per-unit rate against the entered quantity of the subject 
merchandise. Where an importer (or customer)-specific assessment rate 
is de minimis (i.e., less than 0.50 percent), the Department will 
instruct CBP to liquidate that importer (or customer's) entries of 
subject merchandise without regard to antidumping duties, in accordance 
with 19 CFR 351.106(c)(2). We intend to instruct CBP to liquidate 
entries containing subject merchandise exported by the PRC-wide entity 
at the estimated antidumping duty rate in effect at the time of entry. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication

[[Page 8303]]

date, as provided for by section 751(a)(2)(C) of the Act: 1) for Valin 
Xiangtan, the cash deposit rate will be 0.00 percent, as listed above; 
2) for previously investigated or reviewed PRC and non-PRC exporters 
not listed above that have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; 3) for all PRC exporters of subject merchandise which have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be the PRC-wide rate of 128.59 percent; and 4) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter that supplied that non-PRC exporter. The deposit requirements 
shall remain in effect until further notice.

Notification to Importers

    This notice also 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 Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).
    We are issuing and publishing the final results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 16, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

Comment 1: Whether to Deny Valin Xiangtan a Separate Rate
Comment 2: Whether the Department's Separate Rate Test is Flawed
Comment 3: Whether to Collapse Valin Xiangtan with Other Producers
Comment 4: Selection of POR for SVs, ME purchases, and FOP data
Comment 5: Surrogate Value of Certain Gas By-Products
Comment 6: Valuation of Dolomite
Comment 7: Valuation of Ferric Oxide
Comment 8: Selection of Financial Statements
Comment 9: Treatment of Subsidized Countries in Import Statistics
Comment 10: Whether to Grant By-Product Offsets
Comment 11: Programming Errors - Distances
Comment 12: Valuing Electrodes
[FR Doc. 2010-3743 Filed 2-23-10; 8:45 am]
BILLING CODE 3510-DS-S