[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Notices]
[Pages 65497-65498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27292]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-821]
Certain Hot-Rolled Carbon Steel Flat Products From India: Amended
Final Results of Countervailing Duty Administrative Review Pursuant to
Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 13, 2010, the United States Court of
International Trade (CIT) sustained the Department of Commerce's (the
Department's) redetermination pursuant to the CIT's remand in United
States Steel Corporation, et al. v. United States et al. and Essar
Steel Limited v. United States. See United States Steel Corporation, et
al. v. United States et al. and Essar Steel Limited v. United States et
al., Slip Op. 10-104 (Essar); see also Final Results of Redetermination
Pursuant to Court Remand, dated July 15, 2010 (found at http://ia.ita.doc.gov/remands). On November 9, 2010, Essar Steel Limited
(Essar) appealed the CIT's decision. See United States Steel
Corporation, et al. v. United States et al. and Essar Steel Limited v.
United States et al., Consol. Court No. 08-0239 Appeal (November 9,
2010). On July 7, 2011, the United States Court of Appeals for the
Federal Circuit (CAFC) sustained the Department's redetermination. See
United States Steel Corporation, et al. v. United States et al. and
Essar Steel Limited v. United States et al., CAFC 11-1074 Affirmed,
Rule 36 (July 7, 2011).
The Department is amending the final results of the administrative
review of the countervailing duty order on certain hot-rolled carbon
steel flat products (HRCS) from India covering the January 1, 2006,
through December 31, 2006, period of review (2006 POR) with respect to
Essar, to reflect the CIT's decision in Essar. See Certain Hot-Rolled
Carbon Steel Flat Products from India: Final Results of Countervailing
Duty Administrative Review, 73 FR 40295 (July 14, 2008) (Final
Results), and accompanying Issues and Decision Memorandum (I&D
Memorandum).
DATES: Effective Date: October 21, 2011.
FOR FURTHER INFORMATION CONTACT: Gayle Longest, 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) 482-3338.
Background
On July 14, 2008, the Department published its final results in the
countervailing duty administrative review of HRCS from India covering
the 2006 POR. See Final Results. Following publication of the Final
Results, respondent Essar, filed a lawsuit with the CIT challenging the
Department's Final Results. See Essar. At issue in the litigation was
the Department's calculation of the government price for iron ore lumps
and fines as well as Essar's purchases of lumps and fines with respect
to the program ``Sale of High-Grade Iron Ore for less Than Adequate
Remuneration.'' See Final Results, and accompanying I&D Memorandum at
``Sale of High-Grade Iron Ore for Less Than Adequate Remuneration''
section and Comment 4.
After a court ordered remand, the Department issued its final
results of redetermination on July 15, 2010. See Final Results of
Redetermination Pursuant to Court Remand, dated July 15, 2010 (found at
http://ia.ita.doc.gov/remands); and Essar. In its remand
redetermination, the Department made redeterminations with respect to
the calculation of the government price for iron ore lumps and fines as
well as Essar's purchase of iron ore lumps and high-grade iron ore
fines from the National Mineral Development Corporation (NMDC).
Specifically, we adjusted our iron ore calculations to measure the
adequacy of remuneration of sales of lumps and fines by the Government
of India (GOI) to Essar to include the Central Sales Tax for Essar's
purchase of iron ore lumps and high-grade iron ore fines from the NMDC
and to include import duties payable on iron ore with regard to the
corresponding benchmark prices. Then, we corrected the government price
for iron ore lumps and fines to address erroneous freight calculations
for Essar's purchases of iron ore from NMDC. Lastly, for fines
purchases from NMDC made on or after the date the slurry pipeline
became operational, we replaced the per metric ton (MT) rail cost with
the per MT slurry transportation costs. See Certain Hot-Rolled Carbon
Steel Flat Products From India: Notice of Court Decision Not in Harmony
with Final Results of Administrative Review, 75 FR 59689 (September 28,
2010). The Department's redetermination resulted in changes to the
Final Results for Essar's net subsidy rate concerning the sale of iron
ore for less than adequate remuneration program from 13.21 percent to
19.35 percent. Therefore, Essar's total net countervailable subsidy
rate from the Final Results, 17.50 percent, increased by 6.14
percentage points, to a total net countervailable subsidy rate of 23.64
percent. Id.
Amended Final Results
Because there is now a final court decision, the total net
countervailable subsidy for Essar for the period January 1, 2006,
through December 31, 2006, is 23.64 percent. Because the cash deposit
rate of 22.19 percent, which was determined for Essar in the amended
final results of the administrative review covering the period January
1, 2007, through December 31, 2007 (2007 POR) supersedes the cash
deposit rate for the 2006 POR, there is no change in Essar's cash
deposit rate. See Certain Hot-Rolled Carbon Steel Flat Products From
India: Notice of Court Decision not in Harmony with Final Results of
Administrative Review and Notice of Amended final Results of
Administrative Review Pursuant to Court Decision, 76 FR 7820 (February
11, 2011). The Department will instruct U.S. Customs and Border
Protection (CBP) to continue to collect cash
[[Page 65498]]
deposits for Essar at the current rate of 22.19 percent.
Assessment of Duties
In accordance with the CIT's order, CBP shall assess countervailing
duties on all appropriate entries covered by these amended final
results. The Department intends to issue liquidation instructions to
CBP 15 days after publication of these amended final results in the
Federal Register.
Notification
We are issuing and publishing these amended final results of
administrative review in accordance with sections 751(a)(1) and 777(i)
of the Tariff Act of 1930, as amended.
Dated: October 17, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-27292 Filed 10-20-11; 8:45 am]
BILLING CODE 3510-DS-P