Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Notices 48143 

7See Issues and Decision Memorandum at Issue 

2. 

8See Issues and Decision Memorandum at Issues 

3–4. 

9See Issues and Decision Memorandum at Issue 

4. 10 Jiangsu Jianghai is part of the PRC-wide entity. 

this administrative review. Parties 

commented on the Department’s 

decision to deny Jiangsu Jianghai a 

separate rate. For the final results, the 

Department has analyzed these 

comments and continues to find that 

Jiangsu Jianghai has not qualified for a 

separate rate in this review and, 

therefore, will be treated as part of the 

PRC-wide entity.7

Use of Facts Available and Adverse 

Facts Available (‘‘AFA’’) 

In the Preliminary Results, the 

Department preliminarily determined to 

use an inference that is adverse to the 

interests of the PRC-wide entity in 

selecting from among the facts 

otherwise available and assigned the 

PRC-wide entity an AFA rate of 72.42 

percent, which was the margin 

calculated in the petition, as adjusted by 

the Department for initiation. Parties 

commented both on the Department’s 

decision to apply AFA and the 

Department’s choice of the AFA rate 

assigned to the PRC-wide entity. For the 

final results, the Department has 

analyzed these comments and continues 

to find that it is appropriate to assign an 

AFA rate of 72.42 percent to the PRCwide entity.8

Corroboration of Secondary 

Information 

In the Preliminary Results, the 

Department preliminarily determined 

that the 72.42 percent petition rate has 

probative value and, therefore, is 

corroborated to the extent practicable, in 

accordance with section 776(c) of the 

Act. Parties commented on the 

Department’s corroboration of the 72.42 

percent petition rate. For the final 

results, the Department has analyzed 

these comments and continues to find 

that the 72.42 percent petition rate is 

corroborated to the extent practicable.9

Final Results of Review 

The Department has determined that 

the following weighted-average 

dumping margins exist for the period 

April 23, 2009, through March 31, 2010: 

Exporter 

Antidumping 

duty percent 

margin 

PRC-Wide Entity 10 ............... 72.42 

Assessment Rates 

Pursuant to 19 CFR 351.212, the 

Department will determine, and 

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. The 

Department intends to instruct CBP to 

liquidate entries containing subject 

merchandise exported by the PRC-wide 

entity at the PRC-wide rate the 

Department determines in the final 

results of this review. The Department 

intends to issue appropriate assessment 

instructions directly to CBP 15 days 

after publication of the final results of 

this 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 from the PRC 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided for by 

section 751(a)(2)(C) of the Act: (1) 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; (2) 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 established in the 

final results of this review (i.e., 72.42 

percent); and (3) 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 exporters that 

supplied that non-PRC exporter. These 

deposit requirements, 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 presuming that 

reimbursement of antidumping duties 

occurred and, subsequently, the 

assessment of double antidumping 

duties. 

The Department is issuing and 

publishing these final results of 

administrative review in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act and 19 CFR 351.221(b)(5). 

Dated: August 2, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix 

Issue 1: Whether the Department erred in 

initiating this administrative review of 

Jiangsu Jianghai 

Issue 2: Whether Jiangsu Jianghai should be 

considered part of the PRC-wide entity 

Issue 3: Whether Jiangsu Jianghai should 

receive a rate based on AFA 

Issue 4: Whether the Department should 

continue to assign the 72.42 percent 

petition rate to the PRC-wide entity as the 

AFA rate 

[FR Doc. 2011–20040 Filed 8–5–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–865] 

Certain Hot-Rolled Carbon Steel Flat 

Products From the People’s Republic 

of China: Preliminary Intent To 

Rescind the Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) is conducting an 

administrative review of the 

antidumping duty order on certain hotrolled carbon steel flat products (‘‘hotrolled’’) from the People’s Republic of 

China (‘‘PRC’’) for the period of review 

(‘‘POR’’) November 1, 2009, through 

October 31, 2010. As discussed below, 

we preliminarily intend to rescind this 

review. 

DATES: Effective Date: August 8, 2011. 

FOR FURTHER INFORMATION CONTACT: Paul 

Walker or Steven Hampton, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–0413 or (202) 482– 

0116, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 29, 2001, the 

Department published the antidumping 

duty order on hot-rolled from the PRC. 

See Notice of the Antidumping Duty 

Order: Certain Hot-Rolled Carbon Steel 

Flat Products From the People’s 

Republic of China, 66 FR 59561 

(November 29, 2001) (‘‘Order’’). On 

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48144 Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Notices 

1See Certain Hot-Rolled Carbon Steel Flat 

Products from the People’s Republic of China: Final 

Rescission of Antidumping Duty Administrative 

Review, 74 FR 40165 (August 11, 2009), at n.1. 

2See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews and 

Request for Revocation In Part, 75 FR 81565 

(December 28, 2010). 

3Certain Oil Country Tubular Goods from the 

People’s Republic of China: Final Determination of 

Sales at Less Than Fair Value, Affirmative Final 

Determination of Critical Circumstances and Final 

Determination of Targeted Dumping, 75 FR 20335 

(April 19, 2010), and accompanying Issues and 

Decision Memorandum at Comment 31. 

November 30, 2010, Nucor Corporation 

(‘‘Nucor’’), domestic producers of hotrolled, requested that the Department 

conduct an administrative review of 

Baosteel Group Corporation, Shanghai 

Baosteel International Economic & 

Trading Co., Ltd., and Baoshan Iron and 

Steel Co., Ltd. (collectively ‘‘Baosteel’’).1

On December 28, 2010, the Department 

published in the Federal Register a 

notice of initiation for an administrative 

review of the Order for the period 

November 1, 2009, through October 31, 

2010.2 On February 4, 2011, the 

Department released the U.S. Customs 

and Border Protection (‘‘CBP’’) data to 

parties for comments. On February 10, 

2011, Baosteel requested that the 

Department obtain the customs entry 

and commercial invoice documents 

pertaining to the CBP data. On February 

17, 2011, Baosteel submitted comments 

on the CBP data. Baosteel claimed that 

it did not export subject merchandise 

during the POR and the CBP 

information is either incorrect or relates 

to non-subject merchandise which may 

have been misclassified. On March 17, 

2011, the Department released the U.S. 

entry documents that it obtained from 

CBP. On March 24, 2011, Nucor 

submitted comments on the U.S. entry 

documents and asked the Department to 

issue a full questionnaire to Baosteel. 

On March, 28, 2011, Baosteel submitted 

rebuttal comments to Nucor’s March 24, 

2011 submission. Baosteel claimed that 

the entry documents do not reveal that 

Baosteel sold subject merchandise to the 

United States. On June 2, 2011, the 

Department released the test report and 

mill certificate for the merchandise at 

issue, which it obtained from CBP. On 

June 14, 2011, Nucor submitted 

comments on the test report and mill 

certificate. Nucor argued that subject 

merchandise entered the United States 

and stated that the Department should 

issue questionnaires to Baosteel. On 

June 14, 2011, Baosteel also submitted 

comments on the test report and mill 

certificate. Baosteel argued that the mere 

fact that Baosteel is the manufacturer of 

the product does not show that Baosteel 

made sales of subject merchandise to 

the United States. On June 16, 2011, 

Baosteel submitted comments with an 

excerpt from a recent determination in 

which the Department clearly stated its 

policy regarding its knowledge test for 

NME purposes.3

Scope of the Order 

The products covered by the order are 

certain hot-rolled carbon steel flat 

products of a rectangular shape, of a 

width of 0.5 inch or greater, neither 

clad, plated, nor coated with metal and 

whether or not painted, varnished, or 

coated with plastics or other nonmetallic substances, in coils (whether or 

not in successively superimposed 

layers), regardless of thickness, and in 

straight lengths of a thickness of less 

than 4.75 mm and of a width measuring 

at least 10 times the thickness. 

Universal mill plate (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 4.0 

mm, not in coils and without patterns 

in relief) of a thickness not less than 4.0 

mm is not included within the scope of 

the order. Specifically included within 

the scope of the order are vacuum 

degassed, fully stabilized (commonly 

referred to as interstitial-free (‘‘IF’’)) 

steels, high strength low alloy (‘‘HSLA’’) 

steels, and the substrate for motor 

lamination steels. IF steels are 

recognized as low carbon steels with 

micro-alloying levels of elements such 

as titanium or niobium (also commonly 

referred to as columbium), or both, 

added to stabilize carbon and nitrogen 

elements. HSLA steels are recognized as 

steels with micro-alloying levels of 

elements such as chromium, copper, 

niobium, vanadium, and molybdenum. 

The substrate for motor lamination 

steels contains micro-alloying levels of 

elements such as silicon and aluminum. 

Steel products included in the scope 

of the order, regardless of definitions in 

the Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’), are products 

in which: (i) iron predominates, by 

weight, over each of the other contained 

elements; (ii) the carbon content is 2 

percent or less, by weight; and, (iii) 

none of the elements listed below 

exceeds the quantity, by weight, 

respectively indicated: 

1.80 percent of manganese, or 

2.25 percent of silicon, or 

1.00 percent of copper, or 

0.50 percent of aluminum, or 

1.25 percent of chromium, or 

0.30 percent of cobalt, or 

0.40 percent of lead, or 

1.25 percent of nickel, or 

0.30 percent of tungsten, or 

0.10 percent of molybdenum, or 

0.10 percent of niobium, or 

0.15 percent of vanadium, or 

0.15 percent of zirconium. 

All products that meet the physical 

and chemical description provided 

above are within the scope of the order 

unless otherwise excluded. The 

following products, for example, are 

outside or specifically excluded from 

the scope of the order: 

• Alloy hot-rolled steel products in 

which at least one of the chemical 

elements exceeds those listed above 

(including, e.g., American Society for 

Testing and Materials (‘‘ASTM’’) 

specifications A543, A387, A514, A517, 

A506). 

• Society of Automotive Engineers 

(‘‘SAE’’)/American Iron & Steel Institute 

(‘‘AISI’’) grades of series 2300 and 

higher. 

• Ball bearing steels, as defined in the 

HTSUS. 

• Tool steels, as defined in the 

HTSUS. 

• Silico-manganese (as defined in the 

HTSUS) or silicon electrical steel with 

a silicon level exceeding 2.25 percent. 

• ASTM specifications A710 and 

A736. 

• USS abrasion-resistant steels (USS 

AR 400, USS AR 500). All products 

(proprietary or otherwise) based on an 

alloy ASTM specification (sample 

specifications: ASTM A506, A507). 

• Non-rectangular shapes, not in 

coils, which are the result of having 

been processed by cutting or stamping 

and which have assumed the character 

of articles or products classified outside 

chapter 72 of the HTSUS. 

The merchandise subject to the order 

is classified in the 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. 

Certain hot-rolled carbon steel flat 

products covered by the order, 

including: vacuum degassed fully 

stabilized; high strength low alloy; and 

the substrate for motor lamination steel 

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Federal Register / Vol. 76, No. 152 / Monday, August 8, 2011 / Notices 48145 

4See Analysis of CBP Entry Documentation. 5See Final Rescission of Antidumping Duty 

Administrative Review: Certain Hot-Rolled Carbon 

Steel Flat Products from the People’s Republic of 

China, 72 FR 41710 (July 31, 2007). 

may also enter under the following tariff 

numbers: 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 

written description of the merchandise 

subject to the order is dispositive. 

Preliminary Rescission of Review 

The Department has analyzed all of 

the information on the record regarding 

alleged U.S. entries of subject 

merchandise during the POR by 

Baosteel. As noted above, the 

Department placed information on the 

record from CBP that indicated that 

subject merchandise produced by 

Baosteel may have entered the United 

States during the POR. Because the 

information found in the CBP 

documentation is proprietary, for 

further discussion of this issue please 

see the Memorandum to the File, 

through Scot T. Fullerton, Program 

Manager, from Steven Hampton, 

International Trade Analyst, ‘‘Certain 

Hot-Rolled Carbon Steel Flat Products 

from the People’s Republic of China: 

Analysis of CBP Entry Documentation,’’ 

(‘‘Analysis of CBP Entry 

Documentation’’) dated concurrently 

with this notice. Based on its analysis of 

the record information, the Department 

preliminarily finds that the merchandise 

from the entry documentation is not 

subject to the scope of the antidumping 

duty order on hot-rolled carbon steel flat 

products from the PRC.4

Because there is no information on 

the record which indicates that Baosteel 

made sales, shipments, or entries to the 

United States of subject merchandise 

during the POR, and because Baosteel is 

the only company subject to this 

administrative review, in accordance 

with 19 CFR 351.213(d)(3) and 

consistent with our practice, we are 

preliminarily rescinding this review of 

the antidumping duty order on hotrolled from the PRC for the period of 

November 1, 2009, through October 31, 

2010.5 If the Department adopts these 

preliminary results for its final results, 

the cash deposit rate for Baosteel will 

continue to be the rate established in the 

most recently completed segment of this 

proceeding. If the Department continues 

to find for its final results that the 

merchandise is not subject to the scope 

of the antidumping duty order on 

certain hot-rolled carbon steel flat 

products from the PRC, we will refer 

this matter to CBP to determine the 

appropriate Customs classification for 

the merchandise in question. 

Comments 

Interested parties may submit 

comments for consideration in the 

Department’s final results not later than 

30 days after publication of this notice. 

See 19 CFR 351.309(c)(ii). Responses to 

those comments may be submitted not 

later than five days following 

submission of the comments. See 19 

CFR 351.309(d). All written comments 

must be submitted in accordance with 

19 CFR 351.303, and must be served on 

interested parties on the Department’s 

service list in accordance with 19 CFR 

351.303(f)(3). Interested parties may also 

request a hearing within 30 days of 

publication of this notice. See 19 CFR 

351.310. The Department will issue the 

final results of this administrative 

review, which will include the results of 

its analysis of issues raised in any such 

comments, within 120 days of 

publication of the preliminary results, 

and will publish these results in the 

Federal Register. 

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 the subsequent assessment 

of double antidumping duties. 

This notice is published in 

accordance with sections 751 and 

777(i)(1) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.213(d)(4). 

Dated: July 29, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–20076 Filed 8–5–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

North American Free-Trade 

Agreement, Article 1904; Binational 

Panel Reviews: Notice of Termination 

of Panel Review 

AGENCY: NAFTA Secretariat, United 

States Section, International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice of Termination of Panel 

Review of the Final Results of the first 

administrative review of the 

antidumping duty order on Citric Acid 

and Certain Citrate Salts from Canada, 

Secretariat File No. USA–CDA–2011– 

1904–03. 

SUMMARY: Pursuant to the negotiated 

settlement between the United States 

and Canadian industries, the panel 

review of the above-noted case is 

terminated as of August 2, 2011. No 

panel has been appointed to review this 

panel. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Bohon, United States Secretary, 

NAFTA Secretariat, Suite 2061, 14th 

and Constitution Avenue, NW., 

Washington, DC 20230, (202) 482–5438. 

SUPPLEMENTARY INFORMATION: Chapter 

19 of the North American Free-Trade 

Agreement (‘‘Agreement’’) established a 

mechanism to replace domestic judicial 

review of final determinations in 

antidumping and countervailing duty 

cases involving imports from a NAFTA 

country with review by independent 

binational panels. When a Request for 

Panel Review is filed, a panel is 

established to act in place of national 

courts to review expeditiously the final 

determination to determine whether it 

conforms to the antidumping or 

countervailing duty law of the country 

that made the determination. 

Under Article 1904 of the Agreement, 

which came into force on January 1, 

1994, the Government of the United 

States, the Government of Canada, and 

the Government of Mexico established 

Rules of Procedure for Article 1904 

Binational Panel Reviews (‘‘Rules’’). 

These Rules were published in the 

Federal Register on February 23, 1994 

(59 FR 8686). The panel review in this 

matter was requested Pursuant to these 

Rules and terminated in accordance 

with the settlement agreement. 

Dated: August 3, 2011 

Ellen Bohon, 

United States Secretary, NAFTA Secretariat. 

[FR Doc. 2011–20030 Filed 8–5–11; 8:45 am] 

BILLING CODE 3510–GT–P 

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