[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69790-69792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28313]
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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 Results and Final No Shipments Determination
of Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 1, 2012, the Department of Commerce (the
``Department'') published the Preliminary Results of the 2010-2011
administrative review of the antidumping duty order on certain hot-
rolled carbon steel flat products (``hot-rolled steel'') from the
People's Republic of China (``PRC''). The period of review (``POR'') is
November 1, 2010, through October 31, 2011. We gave interested parties
an opportunity to comment on the Preliminary Results, but none were
received. The final weighted-average dumping margin for the PRC-wide
entity is listed in the ``Final Results of Review'' section below.
DATES: Effective Date: November 21, 2012.
FOR FURTHER INFORMATION CONTACT: Steven Hampton, 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.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2012, the Department published the Preliminary Results
of the administrative review of the antidumping duty order on hot-
rolled steel from the PRC.\1\ We invited interested parties to comment
on the Preliminary Results, but none were received. The Department has
conducted this administrative review in accordance with section 751(a)
of the Tariff Act of 1930, as amended (``the Act'').
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\1\ See Certain Hot-Rolled Carbon Steel Flat Products From the
People's Republic of China: Preliminary Results of 2010-2011
Antidumping Duty Administrative Review and Intent To Rescind in
Part, 77 FR 45576 (August 1, 2012) (``Preliminary Results'').
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Scope of the Order
The merchandise subject to the order is certain hot-rolled carbon
steel flat products. The product is currently
[[Page 69791]]
classified under the Harmonized Tariff Schedule of the United States
(``HTSUS'') 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 these HTSUS
subheadings are provided for convenience and customs purposes, the
written product description available in Antidumping Duty Order:
Certain Hot-Rolled Carbon Steel Flat Products from the People's
Republic of China, 66 FR 59561 (November 29, 2001), remains
dispositive.
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
to rescind the review with respect to Baosteel \2\ because it had
reported and submitted timely-filed certifications that it had no sales
of subject merchandise to the United States during the POR.\3\ We
stated, consistent with the recently announced refinement to its
assessment practice in non-market economy (``NME'') cases, that the
Department would not rescind the review in these circumstances but,
rather, would complete the review with respect to Baosteel and issue
appropriate instructions to U.S. Customs and Border Protection
(``CBP'') based on the final results of the review. As stated above, we
did not receive any comments on our Preliminary Results nor did we
receive information from CBP indicating that there were reviewable
transactions from Baosteel during the POR. Therefore, we continue to
determine that Baosteel had no reviewable transactions of subject
merchandise during the POR. Consistent with our ``automatic
assessment'' clarification, the Department will issue appropriate
instructions to CBP based on our final results.\4\
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\2\ Collectively, Baosteel Group Corporation, Shanghai Baosteel
International Economic & Trading Co., Ltd., and Baoshan Iron & Steel
Co., Ltd.
\3\ See Preliminary Results, 77 FR at 45577.
\4\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
Practice Refinement''). See also the ``Assessment'' section of this
notice, below.
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PRC-Wide Entity
In the Preliminary Results, the Department noted that Hunan Valin
Xiangtan Iron & Steel (``Hunan Valin'') does not have a separate rate,
and that it is therefore under review as part of the PRC-wide
entity.\5\ Although Hunan Valin reported that it had no sales of
subject merchandise to the United States during the POR, the Department
does not find that the PRC-wide entity, of which Hunan Valin is part,
had no shipments during the POR. After issuing the Preliminary Results,
the Department did not receive any comments from interested parties.
Therefore, for these final results, in accordance with section 776(a)
and (b) of the Act, and as explained in more detail in the Preliminary
Results, the Department continues to find that because Angang Group
International (``Angang''), as part of the PRC-wide entity, failed to
submit any response to the Department's questionnaire it is appropriate
to rely on the facts otherwise available to determine a margin for the
PRC-wide entity and to assign to the PRC-wide entity the highest-rate
and the only rate ever determined for the PRC-wide entity on the record
of this proceeding, i.e., 90.83%.\6\
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\5\ See Preliminary Results, 77 FR at 45578.
\6\ See Final Determination of Sales at Less Than Fair Value:
Certain Hot-Rolled Carbon Steel Flat Products From the People's
Republic of China, 66 FR 49632 (September 28, 2001).
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Final Results of Review
The weighted-average dumping margins for the POR are as follows:
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\7\ The PRC-wide entity includes, Angang; Bengang Steel Plates
Co., Ltd.; Benxi Iron and Steel Group Co., Ltd.; Daye Special Steel
Co., Ltd.; Dongbei Special Steel Group; Dongguang Bo Yunte Metal
Co., Ltd.; Dongyang Global Strip Steel Co., Ltd.; Haverer Group
Ltd.; Hebei Iron and Steel Int'l; Hunan Valin; Jinan Iron & Steel
Co., Ltd.; Shenzhen Zhaoheng Specialty Steel Co.; Union Steel China;
Xinyu Iron & Steel Co., Ltd., and Zhejiang Shenghua Steel Co., Ltd.
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Weighted-
Exporter average margin
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PRC-wide Entity \7\..................................... 90.83%
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Assessment
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review. The
Department recently announced a refinement to its assessment practice
in NME cases. See Assessment Practice Refinement. Pursuant to this
refinement in practice, for entries that were not reported in the U.S.
sales databases submitted by companies individually examined during
this review, the Department will instruct CBP to liquidate such entries
at the NME-wide rate. In addition, if the Department determines that an
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the NME-wide rate.\8\
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\8\ See Assessment Practice Refinement, 76 FR at 65694.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recent period; (2) for
all PRC exporters of subject merchandise which have not been found to
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 90.83 percent; and (3) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporters that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notifications
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement
[[Page 69792]]
of antidumping duties prior to liquidation of the relevant entries
during this POR. Failure to comply with this requirement could result
in the Department's presumption that reimbursement of antidumping
duties has occurred and the subsequent assessment of doubled
antidumping duties.
This notice also serves as a reminder to parties subject to the
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). Timely notification of the
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 this notice in
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR
351.213(d)(4).
Dated: November 13, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-28313 Filed 11-20-12; 8:45 am]
BILLING CODE 3510-DS-P