[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Notices]
[Pages 26694-26695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11259]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-821]
Certain Hot-Rolled Carbon Steel Flat Products From India: Final
Rescission of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 9, 2011.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Ave., NW.,
Room 4014, Washington, DC 20230, telephone: (202) 482-4793.
SUPPLEMENTARY INFORMATION:
[[Page 26695]]
Background
On December 1, 2010, the Department of Commerce (the Department)
published a notice of opportunity to request an administrative review
of the countervailing duty (CVD) order on certain hot-rolled carbon
steel flat products from India. See Antidumping or Countervailing Duty
Order, Finding, or Suspended Investigation; Opportunity To Request
Administrative Review, 75 FR 74682 (December 1, 2010). On January 3,
2011, we received from United States Steel Corporation, a domestic
producer of subject merchandise, a request for the Department to
conduct an administrative review of Ispat Industries Limited (Ispat),
for the period of review (POR) of January 1, 2010, through December 31,
2010.
On January 28, 2011, the Department published the notice of
initiation of the administrative review of the CVD order covering Ispat
for the period January 1, 2010, through December 31, 2010. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 76 FR 5137 (January 28, 2011). On February 4, 2011, Ispat
notified the Department that it had no shipments of subject merchandise
to the United States during the POR.\1\
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\1\ This public document is available on the public file in the
Department's Central Record Unit (CRU) located in room 7046 of the
main Commerce building.
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We conducted an internal customs data query on February 7, 2011.\2\
We also issued a ``no shipments inquiry'' message to U.S. Customs and
Border Protection (CBP), which posted the message on February 16,
2011.\3\ The results of the customs data query indicated that Ispat had
no sales, shipments, or entries of subject merchandise to the United
States during the POR. We did not receive any information from CBP
contrary to Ispat's claim of no sales, shipments, or entries of subject
merchandise to the United States during the POR.
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\2\ See Memorandum to the File from Kristen Johnson, Case
Analyst, IA Operations, Office 3, regarding ``Customs Data Query
Results,'' (February 8, 2011). A public version of this memorandum
is available on the public file in the CRU.
\3\ See Message number 1047301, available at http://addcvd.cbp.gov.
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On March 21, 2011, we published the notice of preliminary
rescission of this CVD administrative review with respect to Ispat, and
provided interested parties with 20 days to comment. See Certain Hot-
Rolled Carbon Steel Flat Products from India: Preliminary Rescission of
Countervailing Duty Administrative Review, 76 FR 15299 (March 21, 2011)
(Preliminary Rescission). The Department received no comments on its
intent to rescind the review.
Rescission of Review
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 to the United States by that producer or exporter.
Based on our analysis of the shipment data, we determine that Ispat
did not ship subject merchandise to the United States during the POR.
Therefore, in accordance with 19 CFR 351.213(d)(3), and consistent with
our practice,\4\ we are rescinding the review for Ispat. Since Ispat is
the only producer/exporter for which a review was requested and
initiated, we are also rescinding, in whole, the administrative review
of this CVD order for the period January 1, 2010, through December 31,
2010. The Department intends to issue appropriate assessment
instructions to CBP 15 days after the date of publication of this
notice.
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\4\ See, e.g., Welded Carbon Steel Standard Pipe and Tube from
Turkey: Notice of Rescission of Countervailing Duty Administrative
Review, In Part, 74 FR 47921 (September 18, 2009).
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Notification Regarding Administrative Protective Order
This notice serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3) of the Department's
regulations, 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 the terms of an APO is a violation that is subject to
sanction.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: May 4, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-11259 Filed 5-6-11; 8:45 am]
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