[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Notices]
[Pages 16252-16254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05932]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-821; C-560-813; C-549-818]
Certain Hot-Rolled Carbon Steel Flat Products From India,
Indonesia, and Thailand: Final Results of Expedited Sunset Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2010, the Department of Commerce (``the
Department'') initiated the second sunset reviews of the countervailing
duty (``CVD'') orders on certain hot-rolled carbon steel flat products
(``HR steel'') from India, Indonesia, and Thailand pursuant to section
751(c) of the Tariff Act of 1930, as amended (``the Act''). On the
basis of notices of intent to participate and adequate substantive
responses filed on behalf of the domestic interested parties and
inadequate responses from respondent interested parties (in these
cases, no responses), the Department conducted expedited sunset reviews
of these CVD orders pursuant to section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(B). As a result of these sunset reviews, the
Department finds that revocation of the CVD orders would be likely to
lead to continuation or recurrence of a countervailable subsidy at the
level indicated in the ``Final Results of Reviews'' section of this
notice.
DATES: Effective Date: March 14, 2013.
FOR FURTHER INFORMATION CONTACT: Eric Greynolds (India and Indonesia),
Hilary Sadler or Dana Mermelstein (Thailand), AD/CVD Operations, Import
Administration, International Trade
[[Page 16253]]
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6071, (202) 482-4340 or 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 5, 2012, the Department initiated sunset reviews of the
CVD orders on HR steel from India, Indonesia, and Thailand, pursuant to
section 751(c) of the Act.\1\ The Department received a notice of
intent to participate in each of these reviews from the following
domestic interested parties: United States Steel Corporation (U.S.
Steel); ArcelorMittal USA, LLC (ArcelorMittal); Nucor Corporation
(Nucor); Gallatin Steel (Gallatin); Steel Dynamics Inc. (Steel
Dynamics), and SSAB Americas (SSAB) (collectively, ``domestic
interested parties'') within the deadline specified in 19 CFR
351.218(d)(1)(i). The domestic interested parties claimed interested
party status under section 771(9)(C) of the Act.
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\1\ See Initiation of Five-Year (``Sunset'') Reviews, 77 FR
66439 (November 5, 2012).
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The Department received adequate substantive responses collectively
from the domestic interested parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i). The Department did not receive a
substantive response from any government or respondent interested party
to the Indian or Indonesian proceedings. The Department received a
substantive response from the Royal Thai Government but received no
responses from the respondent interested parties, i.e., the Thai
exporters and producers of HR steel. The regulations provide, at 19 CFR
351.218 (e)(1)(ii)(A), that the Department will normally conclude that
respondent interested parties have provided adequate response to a
notice of initiation where it receives complete substantive responses
from respondent interested parties accounting on average for more than
50 percent, on a volume basis (or a value basis, if appropriate), of
the total exports of the subject merchandise to the United States over
the five calendar years preceding the year of publication of the notice
of initiation. Because the Department received no responses from the
respondent interested parties, the Department conducted expedited
reviews of these CVD orders, pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
Scope of the Orders
The merchandise subject to these orders is hot-rolled steel 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 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 these orders.
Specifically included within the scope of these orders 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 orders, 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 descriptions
provided above are within the scope of the orders unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of the orders:
--Alloy hot-rolled steel products in which at least one of the chemical
elements exceeds those listed above (including, 3, 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 bearings 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 orders 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
orders, 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,
[[Page 16254]]
7210.90.90.00, 7211.14.00.30, 7212.40.10.00, 7212.40.50.00, and
7212.50.00.00.
Although the HTSUS numbers are provided for convenience and customs
purposes, the written product description remains dispositive.
Analysis of Comments Received
All issues raised in these reviews are addressed in the Issues and
Decision Memorandum for the Final Results of Expedited Second Sunset
Reviews of the Countervailing Duty Orders on Certain Hot-Rolled Carbon
Steel Flat Products from India and Indonesia (``Decision Memorandum'')
and the Issues and Decision Memorandum for the Final Results of the
Expedited Second Sunset Review of the Countervailing Duty Order on
Certain Hot-Rolled Carbon Steel Flat Products from Thailand (``Thai
Decision Memorandum'') both of which are from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for Import Administration, are
dated concurrently with this final notice, and are hereby adopted by
this notice. Parties can find a complete discussion of all issues
raised in these expedited sunset reviews and the corresponding
recommendations in these public memoranda which are on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Decision Memorandum can be accessed directly on the Internet at
http://www.trade.gov/ia/. The signed Decision Memorandum and the
electronic versions of the Decision Memorandum are identical in
content.
Final Results of Reviews
The Department determines that revocation of the CVD orders would
be likely to lead to continuation or recurrence of a countervailable
subsidy at the rates listed below:
------------------------------------------------------------------------
Net
countervailable
Producers/Exporters subsidy
(percent)
------------------------------------------------------------------------
India
Essar Steel Limited................................ 539.89
Ispat Industries Limited........................... 563.50
Steel Authority of India (``SAIL'')................ 549.88
Tata Iron and Steel Company Limited................ 540.78
All other producers/manufacturers/exporters........ 547.71
Indonesia
P.T. Krakatau Steel................................ 10.21
All Others......................................... 10.21
Thailand
Sahaviriya Steel Industries Public Company Limited 2.38
(``SSI'').........................................
All Others......................................... 2.38
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Notification Regarding Administrative Protective Order
This notice serves as the only 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. Timely
notification of 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 sanctionable violation.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: March 5, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-05932 Filed 3-13-13; 8:45 am]
BILLING CODE 3510-DS-P