[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Notices]
[Pages 66901-66903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28012]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-865]
Certain Hot-Rolled Carbon Steel Flat Products From the People's
Republic of China: Final Rescission of Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 8, 2011, the Department of Commerce (``Department'')
published the Preliminary Results of the administrative review of the
antidumping duty order on certain hot-rolled carbon steel flat products
(``hot-rolled'') from the People's Republic of China (``PRC'').\1\ This
administrative review covers Baosteel Group Corporation, Shanghai
Baosteel International Economic & Trading Co., Ltd., and Baoshan Iron
and Steel Co., Ltd. (collectively ``Baosteel'') for the November 1,
2009, through October 31, 2010, period of review (``POR''). In the
Preliminary Results, the Department indicated its preliminary intent to
rescind this review and gave interested parties an opportunity to
comment. We did not receive comments on the Preliminary Results.
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\1\ See Certain Hot-Rolled Carbon Steel Flat Products From the
People's Republic of China: Preliminary Intent To Rescind the
Review, 76 FR 48143 (August 8, 2011) (``Preliminary Results'').
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[[Page 66902]]
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DATES: Effective Date: October 28, 2011.
FOR FURTHER INFORMATION CONTACT: Steven Hampton or Paul Walker, AD/CVD
Operations, Office 9, Import Administration, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0116 or (202)
482-0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
As noted above, on August 8, 2011, the Department published in the
Federal Register the Preliminary Results of the administrative review
of the antidumping duty order on hot-rolled from the PRC. The
Department did not receive comments from interested parties on our
Preliminary Results.
Scope of the Order
The products covered by the order are 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 4.0
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 within 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, for example, are outside or
specifically excluded from the scope of the order:
Alloy hot-rolled 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 bearing 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.
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 the order is classified 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 flat
products 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
written description of the merchandise subject to the order is
dispositive.
Rescission of the Review
Based on its analysis of the record information, the Department
preliminarily determined that the merchandise in the Customs and Border
Protection (``CBP'') data and the entry documentation on the record was
not subject to the scope of the antidumping duty order on hot-rolled
carbon steel flat products from the PRC.\2\ Accordingly, in the
Preliminary Results, the Department indicated that it intended to
rescind this administrative review because there was no information on
the record which indicated that Baosteel made sales, shipments, or
entries to the United States of subject merchandise during the POR. We
did not receive comments concerning the Preliminary Results. Therefore,
the Department continues to find that the merchandise reflected in the
CBP data and entry documentation on the record is not subject to the
scope of the antidumping duty order on hot-rolled from the PRC.
Furthermore, because Baosteel is the only company subject to this
administrative review, in accordance with 19 CFR 351.213(d)(3), and
consistent with our practice \3\, we are rescinding this review of the
antidumping duty order on hot-rolled from the PRC for the period of
[[Page 66903]]
November 1, 2009, through October 31, 2010. The Department intends to
instruct CBP fifteen days after the publication of this notice to
liquidate such entries with respect to the PRC-wide entity. With
respect other entries, as indicated in the Preliminary Results, the
Department will refer this matter to CBP to determine the appropriate
Customs classification for the merchandise in question.
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\2\ Id. at 48145.
\3\ See Pure Magnesium from the People's Republic of China:
Rescission of Antidumping Duty Administrative Review, 76 FR 53408
(August 26, 2011).
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Notification to Importers
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 duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a 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, 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 terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Tariff Act of 1930, as amended and
19 CFR 351.213(d)(4).
Dated: October 21, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-28012 Filed 10-27-11; 8:45 am]
BILLING CODE 3510-DS-P