Antidumping: Hot-rolled carbon steel flat products from China,
[Federal Register: May 3, 2006 (Volume 71, Number 85)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
Preliminary Rescission of Antidumping Duty Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products From the People's Republic of China
AGENCY: Import Administration, International Trade Administration, Department of Commerce.
DATES: Effective Date: May 3, 2006.
FOR FURTHER INFORMATION CONTACT: Catherine Bertrand or Carrie Blozy, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-3207 and (202) 482-5403, respectively.
On November 1, 2005, the Department of Commerce (``Department'') published a notice of opportunity to request an administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products from the People's Republic of China (``PRC'') for the period November 1, 2004, through October 31, 2005. Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 70 FR 65883 (November 1, 2005). On November 30, 2005, Nucor Corporation, a domestic producer of certain hot-rolled carbon steel flat products, requested that the Department conduct an administrative review of Angang Group International Trade Corporation, Angang Group Hong Kong Co., Ltd., New Iron & Steel Co., Ltd., Shanghai Baosteel Group Corporation, Baoshan Iron and Steel Co., Ltd., and Baosteel Group International Trade Corporation. On December 22, 2005, the Department published a notice of initiation of an antidumping duty administrative review on certain hot- rolled carbon steel flat products from the PRC. Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part (``Notice of Initiation''), 70 FR 76024 (December 22, 2005). The period of review (``POR'') is November 1, 2004 through October 31, 2005. We are preliminarily rescinding this review based on evidence on the record indicating that there were no entries into the United States of subject merchandise during the POR by the named firms.
On December 27, 2005, the Department issued its antidumping duty questionnaire. On January 6, 2006, Angang Group International Trade Corporation, Angang Group Hong Kong Co., Ltd., New Iron & Steel Co., Ltd. (collectively ``Angang''), submitted a letter stating that Angang has no sales, shipments, or entries of subject merchandise to the United States during the POR. Also on January 6, 2006, Shanghai Baosteel Group Corporation, Baoshan Iron and Steel Co., Ltd., and Baosteel Group International Trade Corporation, (collectively ``Baosteel''), submitted a letter stating that Baosteel has no sales of subject merchandise to the United States during the POR.
The Department conducted a customs data query for possible entries of subject merchandise into the United States during the POR by Angang and Baosteel (``respondents''). On January 10, 2006, we sent an inquiry to U.S. Customs and Border Protection (``CBP'') asking for notification from CBP if it had information contrary to respondents' claims that there were no shipments of subject merchandise into the United States during the POR by the respondents. We received no response from CBP in regard to this January 10, 2006, request, which indicates that CBP did not find any shipments of subject merchandise from respondents during the POR.
Also on January 10, 2006, we requested that CBP provide the entry documentation for certain entries of respondents' merchandise claimed to be non-subject to confirm that these were entries of non-subject merchandise. On February 23, 2006, CBP provided the Department with entry documentation for the specified sales. Based on the results of our corroborative CBP query indicating no shipments of subject merchandise by respondents during the POR, and our analysis of the data contained in the CBP-provided customs entry documentation, showing non- subject entries, we find that there is no evidence on the record of entries of subject merchandise into the United States during the POR by Angang or Baosteel. See Memorandum to the File dated April 12, 2006. Therefore, we are preliminarily rescinding this review based on evidence on the record indicating that there were no entries into the United States of subject merchandise during the POR.
Scope of the Review
For purposes of this review, the products covered 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 this review.
Specifically included within the scope of this review 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 to be included in the scope of this review, 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 this review unless otherwise excluded. The following products, by way of example, are outside or specifically excluded from the scope of this review:
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 this review 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, 7188.8.131.52, 7184.108.40.206, 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, 7220.127.116.11, 718.104.22.168, and 722.214.171.124. Certain hot-rolled carbon steel flat products covered by this review, 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, 7126.96.36.199, 7225.30.70.00, 7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7188.8.131.52, 7184.108.40.206, 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 U.S. Customs purposes, the written description of the merchandise under review is dispositive.
Period of Review
The POR is November 1, 2004 through October 31, 2005.
Preliminary Rescission of Review
Because neither Angang nor Baosteel made shipments to the United States of subject merchandise during the POR, in accordance with 19 CFR 351.213(d)(3) and consistent with our practice, we are preliminarily rescinding this review of the antidumping duty order on certain hot- rolled carbon steel flat products from the PRC for the period of November 1, 2004, to October 31, 2005. If the rescission is confirmed in our final results, the cash deposit rate for Angang and Baosteel will continue to be the rate established in the most recently completed segment of this proceeding.
Interested parties may submit comments for consideration in the Department's final results not later than 30 days after publication of this notice. Responses to those comments may be submitted not later than 10 days following submission of the comments. All written comments must be submitted in accordance with 19 CFR 351.303, and must be served on interested parties on the Department's service list in accordance with 19 CFR 351.303(f). The Department will issue the final results of this administrative review, which will include the results of its analysis of issues raised in any such comments, within 120 days of publication of the preliminary results, and will publish these results in the Federal Register.
This notice is published in accordance with sections 751 and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).
Dated: April 26, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-6672 Filed 5-2-06; 8:45 am]
BILLING CODE 3510-DS-P