[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Notices]
[Pages 49169-49170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19315]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-820]


Certain Hot-Rolled Carbon Steel Flat Products from India: Notice 
of Intent to Rescind Antidumping Duty Administrative Review In Part and 
Notice of Extension of Time Limits for Preliminary Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: August 20, 2008.

FOR FURTHER INFORMATION CONTACT: Joy Zhang at (202) 482-1168 or James 
Terpstra at (202) 482-3965, AD/CVD Operations, Office 3, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On December 31, 2007, United States Steel Corporation 
(``Petitioner'') and Nucor Corporation requested an administrative 
review of the antidumping duty order on certain hot-rolled carbon steel 
flat products (``Indian Hot-Rolled''), which were produced or exported 
by Ispat Industries Limited (``Ispat''), JSW Steel Limited (``JSW''), 
Tata Steel Limited (``Tata''), and Essar Steel Limited (``Essar''). On 
January 28, 2008, the Department of Commerce (``the Department'') 
published a notice of initiation of antidumping duty administrative 
review of Indian Hot-Rolled for the period December 1, 2006, through 
November 30, 2007. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Request for Revocation in Part, 73 FR 
4829 (January 28, 2008) (Initiation Notice). The preliminary results 
are currently due no later than September 1, 2008.

Partial Rescission of Administrative Review with Respect to Ispat, JSW, 
and Tata

    On February 25, 2008, the Department issued a memorandum informing 
the interested parties of the Department's intention to limit the 
number of companies it would examine in this review pursuant to section 
777A(c)(2) of the Tariff Act of 1930, as amended (the ``Act''). The 
Department indicated that its respondent selection would be made based 
on the entry data from U.S. Customs and Border Protection (``CBP'') for 
Indian Hot-Rolled during the period of review (``POR''). The Department 
set aside a period of seven calendar days for interested parties to 
raise issues regarding the use of CBP data for respondent selection in 
this review. See Memorandum to File, Re: ``2006-2007 Antidumping Duty 
Administrative Review of Certain Hot-Rolled Carbon Steel Flat Products 
from India, `` Subject: ``Customs and Border Protection Data for 
Selection of Respondents for Individual Review,'' from Cindy Robinson, 
Senior Financial Analyst, through James Terpstra, Program Manager, and 
Melissa Skinner, Office Director, Office 3, AD/CVD Operations, dated 
February 25, 2008 (``Hot-Rolled Memo'').
    On February 26-27, 2008, Ispat, Tata, and JSW each informed the 
Department that they did not have shipments of the subject merchandise 
to the United States during the POR. On March 3, 2008, Petitioner 
submitted its comments in response to the Hot-Rolled Memo stating that 
since the Department issued the Hot-Rolled Memo, Ispat, JSW, and Tata 
have each certified that they had no shipments of subject merchandise 
to the United States during the POR, and their assertions are confirmed 
by the CBP data. Therefore, Petitioner asserted that the Department 
should rescind the instant administrative review with respect to Ispat, 
JSW, and Tata.
    Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an 
administrative review, ``with respect to a particular exporter or 
producer, if the Secretary concludes that, during the period covered by 
the review, there were no entries, exports, or sales of the subject 
merchandise, as the case may be.'' We examined CBP entry data for the 
three exporters/manufacturers: Ispat, JSW, and Tata, and we are 
satisfied that the record indicates that there were no U.S. entries of 
subject merchandise from these three companies during the POR. 
Accordingly, following the Department's practice, we are preliminarily 
rescinding this review with respect to Ispat, JSW, and Tata. See, e.g., 
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: 
Notice of Preliminary Results and Partial Rescission of the Third 
Antidumping Duty Administrative Review, 72 FR 53527, 53530 (September 
19, 2007), unchanged in final, Certain Frozen Fish Fillets From the 
Socialist Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review and Partial Rescission, 73 FR 15479, 15480 (March 
24, 2008).
    After the preliminary partial rescission of Ispat, JSW, and Tata, 
only one respondent, Essar, remains in this review.

Extension of Time Limit of Preliminary Results

    Section 751(a)(3)(A) of the Act requires the Department to make a 
preliminary determination within 245 days after the last day of the 
anniversary month of an order or finding for which a review is 
requested. Section 751(a)(3)(A) of the Act further states that if it is 
not practicable to complete the review within the time period 
specified, the administering authority may extend the 245-day period to 
issue its preliminary results to up to 365 days.
    We determine that it is not practicable to complete this 
administrative review within the time limits mandated by section 
751(a)(3)(A) of the Act because we require additional time to analyze 
the sales and cost data submitted by Essar and issue supplemental 
questionnaires to the company. Therefore, we are extending the time 
period for issuing the preliminary results of review by 60 days. The 
preliminary results are now due no later than October 31, 2008. The 
final results continue to be due 120 days after publication of the 
preliminary results.
    This notice is issued and published in accordance with sections 751 
of the Act and 19 CFR 351.213(d)(4).


[[Page 49170]]


    Dated: August 14, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-19315 Filed 8-19-08; 8:45 am]
BILLING CODE 3510-DS-S