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DOCUMENT ID: [A-533-820]
SUBJECT CATEGORY: Certain Hot-Rolled Carbon Steel Flat Products from India: Notice of Intent to Rescind Antidumping Duty Administrative Review In Part and Notice of Extension of Time Limits for Preliminary Results of Antidumping Duty Administrative Review
EFFECTIVE DATES: August 20, 2008.
SUMMARY: Certain Hot-Rolled Carbon Steel Flat Products from India,
On December 31, 2007, United States Steel Corporation
(``Petitioner'') and Nucor Corporation requested an administrative
review of the antidumping duty order on certain hotrolled carbon steel
flat products (``Indian HotRolled''), which were produced or exported
by Ispat Industries Limited (``Ispat''), JSW Steel Limited (``JSW''),
Tata Steel Limited (``Tata''), and Essar Steel Limited (``Essar''). On
January 28, 2008, the Department of Commerce (``the Department'')
published a notice of initiation of antidumping duty administrative
review of Indian HotRolled for the period December 1, 2006, through
November 30, 2007. See Initiation of Antidumping and Countervailing
Duty Administrative Reviews and Request for Revocation in Part, 73 FR
4829 (January 28, 2008) (Initiation Notice). The preliminary results are currently due no later than September 1, 2008.
Partial Rescission of Administrative Review with Respect to Ispat, JSW, and Tata
On February 25, 2008, the Department issued a memorandum informing the interested parties of the Department's intention to limit the number of companies it would examine in this review pursuant to section 777A(c)(2) of the Tariff Act of 1930, as amended (the ``Act''). The Department indicated that its respondent selection would be made based on the entry data from U.S. Customs and Border Protection (``CBP'') for Indian HotRolled during the period of review (``POR''). The Department set aside a period of seven calendar days for interested parties to raise issues regarding the use of CBP data for respondent selection in this review. See Memorandum to File, Re: ``20062007 Antidumping Duty Administrative Review of Certain HotRolled Carbon Steel Flat Products from India, `` Subject: ``Customs and Border Protection Data for Selection of Respondents for Individual Review,'' from Cindy Robinson, Senior Financial Analyst, through James Terpstra, Program Manager, and Melissa Skinner, Office Director, Office 3, AD/CVD Operations, dated February 25, 2008 (``HotRolled Memo'').
On February 2627, 2008, Ispat, Tata, and JSW each informed the Department that they did not have shipments of the subject merchandise to the United States during the POR. On March 3, 2008, Petitioner submitted its comments in response to the HotRolled Memo stating that since the Department issued the HotRolled Memo, Ispat, JSW, and Tata have each certified that they had no shipments of subject merchandise to the United States during the POR, and their assertions are confirmed by the CBP data. Therefore, Petitioner asserted that the Department should rescind the instant administrative review with respect to Ispat, JSW, and Tata.
Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an administrative review, ``with respect to a particular exporter or producer, if the Secretary concludes that, during the period covered by the review, there were no entries, exports, or sales of the subject merchandise, as the case may be.'' We examined CBP entry data for the three exporters/manufacturers: Ispat, JSW, and Tata, and we are satisfied that the record indicates that there were no U.S. entries of subject merchandise from these three companies during the POR. Accordingly, following the Department's practice, we are preliminarily rescinding this review with respect to Ispat, JSW, and Tata. See, e.g., Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Preliminary Results and Partial Rescission of the Third Antidumping Duty Administrative Review, 72 FR 53527, 53530 (September 19, 2007), unchanged in final, Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Partial Rescission, 73 FR 15479, 15480 (March 24, 2008).
After the preliminary partial rescission of Ispat, JSW, and Tata, only one respondent, Essar, remains in this review.
Section 751(a)(3)(A) of the Act requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order or finding for which a review is requested. Section 751(a)(3)(A) of the Act further states that if it is not practicable to complete the review within the time period specified, the administering authority may extend the 245day period to issue its preliminary results to up to 365 days.
We determine that it is not practicable to complete this administrative review within the time limits mandated by section 751(a)(3)(A) of the Act because we require additional time to analyze the sales and cost data submitted by Essar and issue supplemental questionnaires to the company. Therefore, we are extending the time period for issuing the preliminary results of review by 60 days. The preliminary results are now due no later than October 31, 2008. The final results continue to be due 120 days after publication of the preliminary results.
This notice is issued and published in accordance with sections 751 of the Act and 19 CFR 351.213(d)(4).
[[Page 49170]]
Dated: August 14, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E819315 Filed 81908; 8:45 am]
BILLING CODE 3510DSS
FOR FURTHER INFORMATION CONTACT Joy Zhang at (202) 482-1168 or James Terpstra at (202) 4823965, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230.
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 47 CFR Part 73 26 CFR Part 1 40 CFR Part 180 33 CFR Part 117 50 CFR Part 17 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 50 CFR Part 622 44 CFR Part 65 50 CFR Part 660 26 CFR Part 301 39 CFR Part 111 40 CFR Part 300 6 CFR Part 5 40 CFR Part 271 47 CFR Part 64 40 CFR Parts 52 and 81 50 CFR Part 665 44 CFR Part 64 10 CFR Part 50 49 CFR Part 571 47 CFR Part 76