[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Notices]
[Pages 42039-42040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16896]



[[Page 42039]]

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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: Preliminary Results of 2011-2012 Antidumping Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') is conducting an 
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''),\1\ covering the period of review 
(``POR'') November 1, 2011 through October 31, 2012. The Department 
preliminarily determines that Baosteel Group Corporation, Shanghai 
Baosteel International Economic & Trading Co., Ltd., and Baoshan Iron 
and Steel Co., Ltd. (collectively, ``Baosteel'') had no shipments of 
subject merchandise to the United States during the POR.
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    \1\ See Notice of Antidumping Duty Order: Certain Hot-Rolled 
Carbon Steel Flat Products from the People's Republic of China, 66 
FR 59561 (November 29, 2001).

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DATES: Effective Date: July 15, 2013.

FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone (202) 482-0116.

SUPPLEMENTARY INFORMATION: 

Background

    The Department is conducting an administrative review of the 
antidumping duty order on hot-rolled steel from the PRC. On November 
29, 2001, the Department published in the Federal Register an 
antidumping duty order on hot-rolled steel from the PRC. On December 
31, 2012, the Department published a notice of initiation of an 
administrative review of the antidumping duty order on hot-rolled steel 
from the PRC covering the period November 1, 2011, to October 31, 2012, 
for one company, Baosteel.\2\ On January 28, 2013, in response to the 
Department's Initiation Notice, Baosteel certified that it had no sales 
of subject merchandise during the POR.\3\
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
77017 (December 31, 2012) (``Initiation Notice'').
    \3\ See Letter from Baosteel regarding Certain Hot-Rolled Carbon 
Steel Flat Products from the People's Republic of China/No Sales 
Certification, dated January 28, 2013 (``Baosteel No Sales 
Certification'').
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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 1,250 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 
two 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,

[[Page 42040]]

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.

Preliminary Determination of No Shipments

    As noted in the ``Background'' section above, Baosteel has 
submitted a timely-filed certification indicating that it had no sales 
of subject merchandise to the United States during the POR.\4\ In 
addition, in response to our request for information on entries of 
subject merchandise during the POR, U.S. Customs and Border Protection 
(``CBP'') did not provide any evidence contradicting Baosteel's claim 
of no sales. Further on June 5, 2013, the Department released to 
interested parties the results of the CBP used to corroborate 
Baosteel's no sales claim which indicated that there were no entries of 
subject merchandise during the POR from any exporter, including 
Baosteel.\5\ The Department received no comments from any interested 
parties concerning the results of the CBP query.
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    \4\ See Baosteel No Sales Certification.
    \5\ See Memorandum to the File from Steven Hampton, 
International Trade Analyst, Office 9, Import Administration 
regarding 2011-2012 Administrative Review of Certain Hot-Rolled 
Carbon Steel Flat Products from the People's Republic of China: CBP 
confirmation of No Sales with respect to Baosteel, dated June 5, 
2013.
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    Based on the certification of Baosteel and our analysis of CBP 
information, the Department preliminarily determines that Baosteel did 
not have any reviewable transactions during the POR. In addition, 
consistent with the Department's refinement to its assessment practice 
in non-market economy (``NME'') cases, the Department finds that it is 
appropriate not to rescind the review in these circumstances but 
rather, to complete the review with respect to Baosteel and issue 
appropriate instructions to CBP based on the final results of the 
review.\6\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below (``Assessment Practice 
Refinement'').
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Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\7\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\8\ Case and rebuttal briefs should be filed electronically 
via the Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS'').\9\
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    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time 
within 30 days after the date of publication of this notice.\10\ 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs.
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    \10\ See 19 CFR 351.310(c).
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    The Department will issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, not later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (``Act'').

Assessment Rates

    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. Pursuant 
to the refinement to its assessment practice in NME cases, if the 
Department continues to determine that an exporter under review had no 
shipments of 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 PRC-wide rate.\11\
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    \11\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694-95.
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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 Baosteel, which 
claimed no shipments, the cash deposit rate will remain unchanged from 
the rate assigned to the company in the most recently completed review 
of the company; (2) 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; (3) 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 (4) 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 exporter(s) that supplied that non-PRC exporter. 
These deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a preliminary 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 8, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-16896 Filed 7-12-13; 8:45 am]
BILLING CODE 3510-DS-P