[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 30912-30914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14179]
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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 Antidumping Duty
Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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 (China), covering the period of review (POR) November
1, 2016, through October 31, 2017, and finds preliminarily that
Baosteel Group Corporation, Shanghai Baosteel International Economic &
Trading Co., Ltd., Baoshan Iron and Steel Co., Ltd., Shanghai Meishan
Iron & Steel, and Union Steel China have not demonstrated that they are
separate from the China-wide entity. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable July 2, 2018.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington DC 20230; telephone (202) 482-7425.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on hot-rolled steel from China pursuant to section 751(a)(1)
of the Tariff Act of 1930, as amended (Act). On November 29, 2001, the
Department published in the Federal Register an antidumping duty order
on hot-rolled steel from China.\1\ On November 30, 2017, Nucor
Corporation (Nucor) submitted a request for an administrative review of
Baosteel,\2\ Shanghai Meishan Iron & Steel, and Union Steel China.\3\
On January 11, 2018, pursuant to the request from Nucor, Commerce
published a notice of initiation of an administrative review of the
antidumping duty order on hot-rolled steel from China covering the
period November 1, 2016, to October 31, 2017, for Baosteel, Shanghai
Meishan Iron & Steel, and Union Steel China.\4\
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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).
\2\ Because no party is challenging the prior collapsing
determination, we continue to collapse Baosteel Group Corporation,
Shanghai Baosteel International Economic & Trading Co., Ltd., and
Baoshan Iron and Steel Co., Ltd. (collectively, Baosteel). See
Certain Hot-Rolled Carbon Steel Flat Products from the People's
Republic of China: Final No Shipments Determination of Antidumping
Duty Administrative Review; 2012-2013; 79 FR 67415 (November 13,
2014).
\3\ See Certain Hot-Rolled Carbon Steel Flat Products from the
People's Republic of China: Request for Administrative Review, dated
November 30, 2017.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 1329 (January 11, 2018) (Initiation
Notice).
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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.
[[Page 30913]]
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, 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 Results of Review
In the Initiation Notice, Commerce granted Baosteel, Shanghai
Meishan Iron & Steel, and Union Steel China 30 days to submit a
separate rate application or certification. Neither Baosteel, Shanghai
Meishan Iron & Steel, nor Union Steel China submitted a separate rate
application or certification, or a no shipments certification;
therefore, we consider these companies to be part of the China-wide
entity. Because no review was requested of the China-wide entity, the
pre-existing China-wide rate of 90.83 percent will apply to entries of
their subject merchandise into the United States during the POR.
Disclosure and Public Comment
Normally, Commerce discloses to interested parties the calculations
performed in connection with the preliminary results of review within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of the preliminary results of review in the Federal Register, in
accordance with 19 CFR 351.224(b). However, because Commerce
preliminarily determined these companies to be part of the China-wide
entity, in this administrative review, there are no calculations to
disclose.
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.\5\ 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.\6\ Case and rebuttal briefs must be filed electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS).\7\
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\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
\7\ 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 Enforcement and
Compliance, filed electronically via ACCESS. An electronically filed
document must be received successfully in its entirety in ACCESS, by 5
p.m. Eastern Standard Time within 30 days after the date of publication
of this notice.\8\ 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
[[Page 30914]]
the hearing will be limited to those raised in the respective case and
rebuttal briefs.
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\8\ See 19 CFR 351.310(c).
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Commerce 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
Act.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries.
Commerce intends to issue assessment instructions to CBP 15 days after
the date of publication of the final results of review.
For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, Commerce will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where
an importer- (or customer-) specific ad valorem rate is greater than de
minimis, Commerce will instruct CBP to collect the appropriate duties
at the time of liquidation.\9\ Where either a respondent's weighted
average dumping margin is zero or de minimis, or an importer- (or
customer-) specific ad valorem is zero or de minimis, Commerce will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\10\
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\9\ See 19 CFR 351.212(b)(1).
\10\ See 19 CFR 351.106(c)(2).
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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 China 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, Shanghai
Meishan Iron & Steel, and Union Steel China, which did not qualify for
separate rate, the cash deposit rate will be China-wide rate of 90.83
percent; (2) for previously investigated or reviewed China and non-
China 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 China exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be China-wide rate of 90.83 percent;
and (4) for all non-China exporters of subject merchandise which have
not received their own rate, the cash deposit rate will be the rate
applicable to China exporter(s) that supplied that non-China 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 25, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-14179 Filed 6-29-18; 8:45 am]
BILLING CODE 3510-DS-P