[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Notices]
[Pages 27802-27804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9526]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-549-817)


Certain Hot-Rolled Carbon Steel Flat Products from Thailand: 
Final Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has conducted 
an administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products from Thailand produced and/or 
exported by Nakornthai Strip Mill Public Co., Ltd. (``NSM'') and G 
Steel Public Company Limited (``G Steel''). The period of review 
(``POR'') is November 1, 2004, through October 31, 2005. Based on our 
analysis of comments received, we have made certain clerical error 
corrections for these final results which change the margin. The final 
results are listed below in the ``Final Results of Review'' section.

EFFECTIVE DATE:  May 17, 2007.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Angelica Mendoza, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14\th\ Street and Constitution Ave, NW, 
Washington, DC 20230; telephone: (202) 482-0193 and (202) 482-3019, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 8, 2006, the Department published the preliminary 
results and partial rescission of its administrative review of the 
antidumping duty order on certain hot-rolled carbon steel flat products 
(``hot-rolled steel'') from Thailand. See Certain Hot-Rolled Carbon 
Steel Flat Products From Thailand; Preliminary Results of Antidumping 
Duty Administrative Review and Rescission in Part, 71 FR 65458 
(November 8, 2006) (Preliminary Results).
    We invited parties to comment on our Preliminary Results. We 
received case briefs from respondent NSM, United States Steel 
Corporation (``petitioner''), and a domestic interested party, Nucor 
Corporation (``Nucor''), on January 8, 2007. We received rebuttal 
briefs from NSM, petitioner and Nucor on January 16, 2007. No public 
hearing was held.
    Additionally, on November 8, and November 13, 2006, the Department 
issued supplemental questionnaires: one regarding possible affiliation 
between NSM and Siam Cement Group (``Siam'') and one requesting certain 
additional cost information. NSM provided responses to these 
supplemental questionnaires on November 17, and November 21, 2006, 
respectively.
    Because the Department determined that it was not practicable to 
complete the final results of this review within the original time 
period, the Department extended the time limit for completion of the 
final results of this administrative review in accordance with section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act''). See 
Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Extension 
of Time Limit for the Final Results of the Antidumping Duty 
Administrative Review, 72 FR 9515 (March 2, 2007).

Partial Rescission

    In our Preliminary Results, we announced our preliminary decision 
to rescind the review with respect to G Steel because this company had 
no entries of hot-rolled steel from Thailand during the POR. See 
Preliminary Results. We have received no new information contradicting 
this decision. Therefore, we are rescinding the administrative review 
with respect to G Steel.

Scope of the Antidumping Duty Review

    The products covered by this antidumping duty review 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 non-metallic 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 this 
review.
    Specifically included within the scope of this review 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

[[Page 27803]]

(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 to be included in the scope of this review, 
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 this review unless otherwise 
excluded. The following products, by way of example, are outside or 
specifically excluded from the scope of this review:
    <bullet> 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).
    <bullet> Society of Automotive Engineers (SAE)/American Iron & 
Steel Institute (AISI) grades of series 2300 and higher.
    <bullet> Ball bearing steels, as defined in the HTSUS.
    <bullet> Tool steels, as defined in the HTSUS.
    <bullet> Silico-manganese (as defined in the HTSUS) or silicon 
electrical steel with a silicon level exceeding 2.25 percent.
    <bullet> ASTM specifications A710 and A736.
    <bullet> USS abrasion-resistant steels (USS AR 400, USS AR 500).
    <bullet> All products (proprietary or otherwise) based on an alloy 
ASTM specification (sample specifications: ASTM A506, A507).
    <bullet> 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 this review 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 this review, including: vacuum degassed fully 
stabilized; high strength low alloy; and the substrate for motor 
lamination steel 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 CBP purposes, the written 
description of the merchandise is dispositive.

Analysis of Comments Received

    The Department has received case and rebuttal briefs from 
petitioner, Nucor and NSM. All case and rebuttal briefs for the final 
results are addressed in the ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review and Partial 
Rescission of Antidumping Duty Administrative Review of Certain Hot-
Rolled Carbon Steel Flat Products from Thailand'' from Stephen J. 
Claeys, Deputy Assistant Secretary, Import Administration, to David M. 
Spooner, Assistant Secretary, Import Administration, dated May 7, 2007 
(Decision Memorandum), which is hereby adopted by this notice. 
Additionally, certain issues that contain proprietary information and 
arguments are addressed in the memorandum ``Proprietary Arguments from 
the Issues and Decision Memorandum for the Final Results of Certain 
Hot-Rolled Carbon Steel Flat Products from Thailand'' from Stephen J. 
Claeys, Deputy Assistant Secretary, Import Administration, to David M. 
Spooner, Assistant Secretary, Import Administration, dated May 7, 2007 
(Proprietary Decision Memorandum), which is also hereby adopted by this 
notice. Attached to this notice as an Appendix is a list of the issues 
that petitioner, Nucor, and NSM have raised and to which we have 
responded to in the Decision Memorandum and Proprietary Decision 
Memorandum. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in the Decision 
Memorandum, which is on file in the Department's Central Records Unit, 
located at 14\th\ Street and Constitution Avenue, NW, Room B-099. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly on the Import Administration website at http://ia.ita.doc.gov/ 
under the heading Federal Register Notices. The paper copy and 
electronic version of the Decision Memorandum are identical in content. 
Access to the proprietary version of the Proprietary Decision 
Memorandum is only through administrative protective order.\1\
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    \1\ A public version of the Proprietary Decision Memorandum is 
on file in the Department's Central Records Unit, located at 14\th\ 
Street and Constitution Avenue, NW, Room B-099.
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Changes Since the Preliminary Results

    Based on our analysis of comments received, we made the following 
changes from the preliminary results:
    1) We recalculated comparison market net price and duty drawback to 
avoid double conversion;
    2) We adjusted NSM's reported costs to reflect the higher of 
transfer price or market price for the scrap purchased from one of 
NSM's affiliated suppliers (i.e., transactions disregarded rule);
    3) We constructed a market price for a particular type of scrap 
with no market price for the purpose of applying the major input rule 
under section 773(f)(3) of the Act;
    4) We adjusted variable cost of manufacture to account for scrap 
purchases and losses on scrap; and
    5) We used home market net quantity in our analysis.

Final Results of Review

    We determine that the following dumping margin exists for the 
period November 1, 2004, through October 31, 2005:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
NSM.................................................                8.23
------------------------------------------------------------------------


[[Page 27804]]

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to section 751(a)(1)(B) of the Act, and 
19 CFR 351.212(b). The Department calculated importer-specific duty 
assessment rates on the basis of the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
entered value of the examined sales for that importer.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period of review produced by companies 
included in these final results of reviews for which the reviewed 
companies did not know their merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the All-Others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Notice of Policy Concerning Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003). Antidumping duties for 
the rescinded company G Steel, shall be assessed at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(1)(I). The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
all shipments of hot-rolled steel from Thailand entered, or withdrawn 
from warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) The cash deposit rates 
for the reviewed companies will be the rates indicated above; (2) for 
previously investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, or in the less-than-fair-value (``LTFV'') investigation, but 
the manufacturer is, then the cash deposit rate will be the rate 
established for the most recent period for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 3.86 percent, the ``all others'' rate 
established in the LTFV investigation (66 FR 49622 September 28, 2001). 
These deposit requirements shall remain in effect until further notice.

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping 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 doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, 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.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 7, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Decision Memorandum

Comment 1: Affiliation
Comment 2: Date of Sale
Comment 3: Major Input Rule
Comment 4: Depreciation Expense
Comment 5: Commissions Offset
Comment 6: Clerical Errors
[FR Doc. E7-9526 Filed 5-16-07; 8:45 am]
BILLING CODE 3510-DS-S