[Federal Register: August 20, 2008 (Volume 73, Number 162)]
[Notices]
[Page 49169-49170]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au08-33]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-820]
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
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 20, 2008.
FOR FURTHER INFORMATION CONTACT: Joy Zhang at (202) 482-1168 or James
Terpstra at (202) 482-3965, AD/CVD Operations, Office 3, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
On December 31, 2007, United States Steel Corporation
(``Petitioner'') and Nucor Corporation requested an administrative
review of the antidumping duty order on certain hot-rolled carbon steel
flat products (``Indian Hot-Rolled''), 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 Hot-Rolled 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 Hot-Rolled 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: ``2006-2007 Antidumping Duty
Administrative Review of Certain Hot-Rolled 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 (``Hot-Rolled Memo'').
On February 26-27, 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 Hot-Rolled Memo stating that
since the Department issued the Hot-Rolled 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.
Extension of Time Limit of Preliminary Results
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 245-day 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. E8-19315 Filed 8-19-08; 8:45 am]
BILLING CODE 3510-DS-S