[Federal Register Volume 74, Number 74 (Monday, April 20, 2009)]
[Notices]
[Pages 17951-17953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9046]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-533-820)


Certain Hot-Rolled Carbon Steel Flat Products from India: Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 19, 2008, the Department of Commerce 
(``Department'') published the preliminary results of the antidumping 
duty administrative review of certain hot-rolled carbon steel flat 
products from India. See Certain Hot-Rolled Carbon Steel Flat Products 
From India: Notice of Preliminary Results of Antidumping Duty 
Administrative Review, 73 FR 77618 (December 19, 2008) (``Preliminary 
Results''). The review covers one respondent, Essar

[[Page 17952]]

Steel Limited (``Essar''). The period of review (``POR'') is December 
1, 2006, through November 30, 2007. We invited parties to comment on 
our Preliminary Results. Based on our analysis of the comments 
received, we have made changes to the margin calculations. Therefore, 
the final results differ from the preliminary results. For the final 
dumping margins see the ``Final Results of Review'' section below.

EFFECTIVE DATE: April 20, 2009.

FOR FURTHER INFORMATION CONTACT: Joy Zhang, AD/CVD Operations, Office 
3, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-1168.

SUPPLEMENTARY INFORMATION:

Background

    On December 19, 2008, the Department published the Preliminary 
Results. Since the Preliminary Results, we have received comments from 
interested parties. On January 29, 2009, petitioners United Steel 
Corporation and Nucor Corporation filed their case briefs. On February 
5, 2009, Essar filed a rebuttal brief. No interested parties requested 
a hearing.

Scope of the Order

    The merchandise subject to the order is 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 
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 in 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, by way of example, are outside or 
specifically excluded from the scope of the order:
    <bullet> Alloy hot-rolled carbon 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 bearings 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> United States Steel (``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 the order is currently classifiable 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 
covered by the order, 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 customs purposes, the Department's written 
description of the merchandise subject to the order is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Memorandum from John M. 
Andersen, Acting Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting 
Assistant Secretary for Import Administration, Issues and Decision 
Memorandum for the Final Results of the Sixth Administrative Review of 
the Antidumping Duty Order on Certain Hot-Rolled Carbon Steel Flat 
Products from India (``Decision Memorandum''), dated concurrently with 
this notice, and hereby adopted by this notice. Parties can find a 
complete discussion of the issues raised in this review in this public 
memorandum, which is on file in

[[Page 17953]]

the Central Records Unit, room 1117 of the Department of Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Internet at: http://ia.ita.doc.gov/frn. 
The paper copy and the electronic version of the Decision Memorandum 
are identical in content.

Changes Since the Preliminary Results

    Based on the comments received from the interested parties, we have 
made changes to the margin calculations used in the Preliminary 
Results. Specifically, for the final results, we have revised the 
calculations to use the invoice date as the date of sale for all of 
Essar's U.S. sales. As a result of the date of sales change, the margin 
increased from the Preliminary Results.
    The adjustments are discussed in detail in the Decision Memorandum.

Final Results of Review

    We determine that the following weighted average antidumping margin 
exists:

------------------------------------------------------------------------
                                                       Weighted-Average
                Producer/Manufacturer                       Margin
------------------------------------------------------------------------
Essar...............................................               5.01%
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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) of the Tariff Act of 
1930, as amended (``the Act'') and 19 CFR 351.212(b). The Department 
calculated an assessment rate for each importer of the subject 
merchandise covered by the review. Where the assessment rate is above 
de minimis, we will instruct CBP to assess duties on all entries of 
subject merchandise by that importer. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by Essar for which Essar did not know the 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 
company-specific rate for an intermediary involved in the transaction. 
See id., for a full discussion of this clarification.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of hot-rolled carbon steel flat products from India 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of the final results, as provided by sections 
751(a)(1) and (a)(2)(C) of the Act: (1) for companies covered by this 
review, the cash deposit rate will be the rate listed above; (2) for 
previously reviewed or investigated companies other than those covered 
by this review, the cash deposit rate will be the company-specific rate 
established for the most recent period; (3) if the exporter is not a 
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the producer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the subject merchandise; and (4) if neither the exporter nor the 
manufacturer has its own rate, the cash deposit rate will be 38.72 
percent, the all-others rate published in the 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).\1\ These deposit 
requirements shall remain in effect until further notice.
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    \1\ The all-others cash deposit rate, applied by CBP, is reduced 
to account for the export subsidy rate found in the countervailing 
duty investigation. See Final Affirmative Countervailing Duty 
Determination: Certain Hot-Rolled Carbon Steel Flat Products From 
India, 66 FR 49635 (September 28, 2001). The adjusted all-others 
rate is 23.87 percent.
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Notification to Interested Parties

    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 and/or countervailing 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 the antidumping duties 
occurred and the subsequent assessment of doubled antidumping and/or 
countervailing duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
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 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 Act.

    Dated: April 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

APPENDIX Issues in Decision Memorandum

Comment 1: Date of Sales
Comment 2: Commission
Comment 3: Duty Drawback
Comment 4: Treatment of Sales Tax
Comment 5: Interest Expense Ratio Calculation
[FR Doc. E9-9046 Filed 4-17-09; 8:45 am]
BILLING CODE 3510-DS-S