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October 08, 2008


US DOC releases preliminary results in AD review on Indian HRC

In response to requests from US steel makers and Indian HR producers US’s Department of Commerce is conducting an administrative review of the antidumping order on certain hot rolled carbon steel flat products from India.

US DOC has preliminarily determined that during the period of review, JSW made sales of subject merchandise at less than normal value. Preliminary Results of the Review

US DOC preliminarily found that the following weighted-average dumping margins exist
Producer/Manufacturer Weighted-Average Margin
Ispat 0.00%
Tata 0.24%
JSW 37.01%
Essar 0.00%

The Department has also preliminarily determined that no dumping margin or a de minimis dumping margin exists for Ispat, Tata and Essar during the POR. If these preliminary results are adopted in the final results of this administrative review, US DOC instruct US Customs and Border Protection to assess antidumping duties on all appropriate entries of subject merchandise during the POR.

The merchandise subject to this order is hot rolled carbon steel 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 (ie, 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 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 order. Specifically included in the scope of this order are vacuum degassed, fully stabilized commonly referred to as interstitial free steels, high strength low alloy steels, and the substrate for motor lamination steels.

The petitioners are Nucor Corporation, Mittal Steel USA Inc and United States Steel Corporation and the respondents are Ispat Industries Limited, Essar Steel Limited, JSW Steel Limited and TATA Steel Limited.

Chronology

December 3rd 2001
US DOC published antidumping duty order on hot rolled carbon steel.

December 1st 2006
US DOC published a notice of "Opportunity to Request Administrative Review" of this antidumping duty order. Petitioners requested a review of Essar. Ispat, Tata, Essar and JSW self requested a review of the antidumping duty order on hot rolled carbon steel.

February 2nd 2007
US DOC published a notice of initiation of the administrative review of the antidumping duty order on hot-rolled carbon steel, covering the period December 1st 2005 to November 30th 2006.

February 21, 2007
US DOC issued an antidumping questionnaire to Ispat, Tata, JSW, and Essar. The Department received responses to the original questionnaires from Ispat, Tata, JSW, and Essar. The Department subsequently issued supplemental questionnaires to all parties and received responses to the same.

August 30, 2007
US DOC published a notice extending the time period for issuing the preliminary results of the administrative review from September 2nd 2007 to December 19th 2007.

June 13, 2007 and on October 31, 2007
Nucor alleged that JSW's ownership and affiliations, as part of the O.P. Jindal Group, are not accurately reflected on the record, and that JSW has a close supplier and a debt financing relationship with another steel company that rises to the level of control. Nucor claims that the Department should collapse JSW and the OP Jindal Group.

October 31, 2007
US DOC finds that the record facts do not provide a basis for collapsing JSW and other entities in the OP Jindal Group. The record shows that JSW is affiliated with the companies that comprise the O.P. Jindal Group, and is the only company in the group that produces and sells subject merchandise. The evidence on the record indicates that the other companies in the Group have production facilities which would require substantial retooling for producing similar or identical products. Accordingly, the criteria for collapsing JSW into the OP Jindal Group has not been satisfied. For these reasons, for purposes of the preliminary results, US DOC is not treating JSW and the O.P. Jindal Group as a single entity.