Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 27297 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: May 10, 2010. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2010–11497 Filed 5–13–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–820] 

Certain Hot-Rolled Carbon Steel Flat 

Products from India: Notice of Final 

Results of Antidumping Duty 

Administrative Review and Rescission 

of Administrative Review in Part 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 8, 2010, the 

Department of Commerce (‘‘the 

Department’’) published the preliminary 

results of the antidumping duty 

administrative review for certain hotrolled carbon steel flat products from 

India (‘‘Indian Hot-Rolled’’). See Certain 

Hot-Rolled Carbon Steel Flat Products 

from India: Notice of Preliminary 

Results of Antidumping duty 

Administrative Review, and Intent to 

Rescind in Part, 75 FR 1031 (January 8, 

2010) (‘‘Preliminary Results’’). The 

review covers one respondent, Essar 

Steel Limited (‘‘Essar’’). The period of 

review (‘‘POR’’) is December 1, 2007, 

through November 30, 2008. We invited 

parties to comment on our Preliminary 

Results. We did not receive any 

comments and we have made no 

changes for the final results of review. 

EFFECTIVE DATE: May 14, 2010. 

FOR FURTHER INFORMATION CONTACT: Joy 

Zhang or James Terpstra, 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 and (202) 

482–3965, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 8, 2010, the Department 

published the Preliminary Results. 

Since the Preliminary Results, we have 

not received any comments from 

interested parties. 

Scope of the Order 

The merchandise subject to this 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 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 

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 order. 

Specifically included in the scope of 

this order are vacuum-degassed, fully 

stabilized (commonly referred to as 

interstitial-free ‘‘IF’’)) steels, highstrength low-alloy (‘‘HSLA’’) steels, and 

the substrate for motor lamination 

steels. IF steels are recognized as lowcarbon 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 this 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 this order 

unless otherwise excluded. The 

following products, by way of example, 

are outside or specifically excluded 

from the scope of this order: 

* 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). 

* Society of Automotive Engineers 

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

(‘‘AISI’’) grades of series 2300 and 

higher. 

* Ball bearings 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. 

* United States Steel (‘‘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 this 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 this order, including: vacuumdegassed fully stabilized; high-strength 

low-alloy; and the substrate for motor 

lamination steel may also enter under 


emcdonald on DSK2BSOYB1PROD with NOTICES
27298 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices 

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 this order is 

dispositive. 

Rescission of Review in Part 

In the Preliminary Results, we found 

that the claims by Ispat Industries 

Limited (‘‘Ispat’’), JSW Steel Limited 

(‘‘JSW’’), and Tata Steel Limited (‘‘Tata’’) 

that they made no shipments of subject 

merchandise during the POR were 

consistent with import data provided by 

U.S. Customs and Border Protection 

(‘‘CBP’’). Accordingly, we stated our 

intent to rescind the administrative 

review with respect to these companies. 

See Preliminary Results, 75 FR at 1033. 

We received no comment concerning 

our intent to rescind. We continue to 

find that Ispat, JSW and Tata had no 

shipments of hot-rolled products from 

India during the POR for the final 

results of this review. As such we are 

rescinding the review with respect to 

Ispat, JSW and Tata. 

Adverse Facts Available 

For the final results, we continue to 

find that, by failing to provide 

information we requested, Essar, did not 

act to the best of its ability. Thus, we 

continue to find that the use of adverse 

facts available (‘‘AFA’’) is warranted for 

this company under sections 776(a)(2) 

and (b) of the Tariff Act of 1930, as 

amended (‘‘the Act’’). See Preliminary 

Results, 75 FR at 1033–1036. 

As we explained in the Preliminary 

Results, the rate of 28.25 percent 

selected as the AFA for Essar is the 

highest calculated margin from the 

investigation in this case as adjusted to 

account for countervailing duties 

imposed to offset export subsidies. 

Further, as discussed in the Preliminary 

Results, we continue to find that the use 

of the rate of 28.25 percent as an AFA 

rate is sufficiently high to ensure that 

Essar does not benefit from failing to 

cooperate in our review by refusing to 

respond to our questionnaire. We 

consider the 28.25 percent rate 

corroborated ‘‘to the extent practicable’’ 

in accordance with section 776(c) of the 

Act. See Preliminary Results, 75 FR at 

1033–1036. 

Final Results of the Review 

As a result of this review, we 

determine find that the following 

dumping margin exists for the period 

December 1, 2007, through November 

30, 2008. 

Producer/Manufacturer Rate Adjusted for 

Export Subsidies 

Essar ............................. 28.25 % 

Assessment 

The Department will determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries, pursuant to 19 

CFR 351.212(b). The Department 

calculated importer-specific duty 

assessment rates on the basis of the ratio 

of the total antidumping duties 

calculated for the examined sales to the 

total entered value of the examined 

sales for that importer. 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 appropriate assessment 

instructions directly to CBP 15 days 

after publication of these final results of 

review. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003 (68 FR 23954). This 

clarification applies to POR entries of 

subject merchandise produced by 

companies examined in this review (i.e., 

companies for which a dumping margin 

was calculated) where the companies 

did not know that their merchandise 

was destined for the United States. In 

such instances, we will instruct CBP to 

liquidate unreviewed entries at the allothers rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction. For a full discussion of 

this clarification, see Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

Cash Deposit Requirements 

The following deposit requirements 

will be effective upon publication of the 

final results of this administrative 

review for all shipments of certain hotrolled carbon steel flat products from 

India entered, or withdrawn from 

warehouse, for consumption on or after 

the publication date of these final 

results, as provided by section 751(a) 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-thanfair-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 producer is a firm 

covered in this review, a prior review, 

or the investigation, the cash deposit 

rate will be 23.87 percent, the all-others 

rate established in the less-than-fairvalue investigation. These deposit 

requirements shall remain in effect until 

further notice. 

Reimbursement of Duties 

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 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 presumption that 

reimbursement of antidumping and/or 

countervailing duties occurred and the 

subsequent increase in antidumping 

duties by the amount of antidumping 

and/or countervailing duties 

reimbursed. 

Administrative Protective Order 

This notice also is the only reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. 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 the terms of an APO is a 

sanctionable violation. 

We are issuing and publishing these 

results and notice in accordance with 

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

Act. 

Dated: May 5, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–11602 Filed 5–13–10; 8:45 am] 

BILLING CODE 3510–DS–S 


emcdonald on DSK2BSOYB1PROD with NOTICES