On August 1, 2012, the Department published thePreliminary Resultsof the administrative review of the antidumping duty order on hot-rolled steel from the PRC.1
We invited interested parties to comment on thePreliminary 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”).
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”).
Scope of the Order
The merchandise subject to the order is certain hot-rolled carbon steel flat products. The product is currentlyclassified 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, 722.214.171.124, 7126.96.36.199, 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, 7188.8.131.52, 7184.108.40.206, and 7220.127.116.11. 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, 718.104.22.168, 7225.30.70.00, 7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 722.214.171.124, 7126.96.36.199, 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 inAntidumping 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 thePreliminary Results,the Department preliminarily determined to rescind the review with respect to Baosteel2
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 ourPreliminary Resultsnor 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
2Collectively, Baosteel Group Corporation, Shanghai Baosteel International Economic & Trading Co., Ltd., and Baoshan Iron & Steel Co., Ltd.
See Preliminary Results,77 FR at 45577.
See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties,76 FR 65694 (October 24, 2011) (“Assessment Practice Refinement”).See alsothe “Assessment” section of this notice, below.
In thePreliminary 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 thePreliminary 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 thePreliminary 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