[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15132-15134]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5780]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate Products From
the Republic of Korea: Final Results of Antidumping Duty Administrative
Review and Rescission of Administrative Review in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 23, 2007, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on certain cut-to-length carbon-
quality steel plate products (steel plate) from the Republic of Korea.
The period of review is February 1, 2006, through January 31, 2007. We
gave interested parties an opportunity to comment on the preliminary
results. Based on our analysis of the comments received and an
examination of our calculations, we have made changes for the final
results. The final weighted-average dumping margins are listed below in
the ``Final Results of the Review'' section of this notice.
EFFECTIVE DATE: March 21, 2008.
FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Minoo Hatten, AD/CVD
Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
5287 and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 23, 2007, the Department published Certain Cut-to-
Length Carbon-Quality Steel Plate Products from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Intent to Rescind Administrative Review in Part, 72 FR 65701 (November
23, 2007) (Preliminary Results), in the Federal Register. The
administrative review covers three producers/exporters of the subject
merchandise.
We invited parties to comment on the Preliminary Results. On
December 26, 2007, we received a case brief from Dongkuk Steel Mill
Co., Ltd. (DSM), producer and importer of the subject merchandise. On
January 3, 2008, we received a rebuttal brief from Nucor Corporation
(Nucor), a domestic producer and interested party. No hearing was
requested.
We have conducted this review in accordance with section 751(a) of
the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the antidumping duty order are certain hot-
rolled carbon-quality steel: (1) Universal mill plates (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 nominal or
actual thickness of not less than 4 mm, which are cut-to-length (not in
coils) and without patterns in relief), of iron or non-alloy-quality
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual
thickness of 4.75 mm or more and of a width which exceeds 150 mm and
measures at least twice the thickness, and which are cut-to-length (not
in coils). Steel products included in the scope of the order are of
rectangular, square, circular, or other shape and of rectangular or
non-rectangular cross-section where such non-rectangular cross-section
is achieved subsequent to the rolling process (i.e., products which
have been ``worked after rolling'')--for example, products which have
been beveled or rounded at the edges. Steel
[[Page 15133]]
products that meet the noted physical characteristics that are painted,
varnished, or coated with plastic or other non-metallic substances are
included within this scope. Also, specifically included in the scope of
the order are high strength, low alloy (HSLA) steels. HSLA steels are
recognized as steels with micro-alloying levels of elements such as
chromium, copper, niobium, titanium, vanadium, and molybdenum. Steel
products included in this scope, regardless of Harmonized Tariff
Schedule of the United States (HTSUS) definitions, are products in
which: (1) Iron predominates, by weight, over each of the other
contained elements, (2) the carbon content is two percent or less, by
weight, and (3) none of the elements listed below is equal to or
exceeds the quantity, by weight, respectively indicated: 1.80 percent
of manganese, or 1.50 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 0.41 percent of titanium, or 0.15 percent of vanadium, or
0.15 percent zirconium. All products that meet the written physical
description, and in which the chemistry quantities do not equal or
exceed any one of the levels listed above, are within the scope of the
order unless otherwise specifically excluded. The following products
are specifically excluded from the order: (1) Products clad, plated, or
coated with metal, whether or not painted, varnished or coated with
plastic or other non-metallic substances; (2) SAE grades (formerly AISI
grades) of series 2300 and above; (3) products made to ASTM A710 and
A736 or their proprietary equivalents; (4) abrasion-resistant steels
(i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225,
A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball
bearing steels; (7) tool steels; and (8) silicon manganese steel or
silicon electric steel. Imports of steel plate are currently classified
in the HTSUS under subheadings 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030,
7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000,
7226.91.7000, 7226.91.8000, and 7226.99.0000. The HTSUS subheadings are
provided for convenience and customs purposes. The written description
of the merchandise covered by the order is dispositive.
Rescission of Administrative Review in Part
In the Preliminary Results, we explained that DSEC Co., Ltd., a
subsidiary of Daewoo Shipbuilding & Marine Engineering (DSEC), reported
that it had no shipments of subject merchandise subject to this review
and that our review of information from U.S. Customs and Border
Protection (CBP) supported DSEC's claim. Additionally, we stated that
we would rescind the review with respect to DSEC if we continued to
find that DSEC did not have any shipments of subject merchandise to the
United States during the period of review. See Preliminary Results, 72
FR at 65702. Because we have not received any information indicating
that DSEC had any shipments of subject merchandise during the POR, we
are rescinding the administrative review with respect to DSEC.
Use of Adverse Facts Available
We determined in the Preliminary Results that, because TC Steel
failed to provide any information to the Department within the meaning
of section 776(a)(2) of the Act, we must rely entirely on facts
available. We determined further that, because TC Steel failed to
cooperate to the best of its ability, in accordance with 776(b) of the
Act the use of an adverse inference is warranted. See Preliminary
Results, 72 FR at 65702.
Because we have not received any information since the Preliminary
Results which affects our analysis of the use of facts available for TC
Steel, we continue to assign the highest product-specific margin, 32.70
percent, which we have calculated in this review based on the data
reported by a respondent. As we stated in the Preliminary Results, we
selected this rate because we have never reviewed TC Steel in a prior
segment of this proceeding and we do not have any additional
information about this company. Moreover, this rate is sufficiently
high as to reasonably assure that TC Steel does not obtain a more
favorable result by failing to cooperate. Finally, given that this
information was reported to the Department in the instant segment of
the proceeding, there is no basis to doubt this information's
reliability and relevance as applied in this segment to TC Steel. See
generally the SAA at 870 (discussing the need to corroborate
information used as facts available when that information was reported
to the Department in a prior segment of an AD/CVD proceeding).
Analysis of Comments Received
The issues raised in the case and rebuttal briefs are addressed in
the ``Issues and Decision Memorandum'' (Decision Memorandum) from
Stephen J. Claeys, Deputy Assistant Secretary, to David M. Spooner,
Assistant Secretary, dated March 14, 2008, which is hereby adopted by
this notice. A list of the issues which parties have raised and to
which we have responded is in the Decision Memorandum and attached to
this notice as an Appendix. The Decision Memorandum, which is a public
document, is on file in the Central Records Unit, main Department
building, Room 1117 and accessible on the Web at http://ia.ita.doc.gov/
frn/index. html. The paper copy and electronic version of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we revised the
product-comparison section of the margin-calculation program for DSM.
This revision is discussed in the Decision Memorandum at Comment 1. We
also corrected a ministerial error involving the currency conversion
for inventory carrying costs. Specifically, we converted the variable
used for this cost from Korean won to U.S. dollars, but in the
Preliminary Results we neglected to use the converted variable in our
calculations. The correction of this ministerial error had no impact on
the dumping margin. See the Final Analysis Memorandum for DSM dated
March 14, 2008, for more detailed information on these changes.
Final Results of Review
As a result of our review, we determine that the following
weighted-average dumping margins exist for the period February 1, 2006,
through January 31, 2007:
------------------------------------------------------------------------
Margin
Manufacturer/Exporter (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd................................. 1.97
TC Steel.................................................... 32.70
------------------------------------------------------------------------
Assessment Rates
Upon issuance of these final results, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1), for DSM, we
calculated an importer-specific assessment rate for these final results
of review. We divided the total dumping margins for the reviewed sales
by the
[[Page 15134]]
total entered value of those reviewed sales for the importer. We will
instruct CBP to assess the importer-specific rate uniformly, as
appropriate, on all entries of subject merchandise made by the relevant
importer during the POR. See 19 CFR 351.212(b).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
of Antidumping Duties). This clarification will apply to entries of
subject merchandise during the POR produced by DSM for which DSM did
not know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries of DSM-
produced merchandise at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction. For a full
discussion of this clarification, see Assessment of Antidumping Duties.
Because we are relying on total adverse facts available to
establish TC Steel's dumping margin, we will instruct CBP to apply a
dumping margin of 32.70 percent to all entries of subject merchandise
during the POR that were produced and/or exported by TC Steel.
The Department will issue liquidation instructions to CBP 15 days
after the publication of these final results of review.
Cash-Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of steel plate from Korea entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2)(C) of the Act: (1) the cash-deposit rates
for the reviewed companies will be the rates established in the final
results of this review; (2) for previously reviewed or investigated
companies not listed above, the cash-deposit rate will continue to be
the company-specific rate published for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the less-than-fair-value investigation but the manufacturer is, the
cash-deposit rate will be the rate established for the most recent
period for the manufacturer of the merchandise; (4) if neither the
exporter nor the manufacturer has its own rate, the cash-deposit rate
will be 0.98 percent, the all-others rate established in the LTFV
investigation,\1\ adjusted for the export-subsidy rate in the companion
countervailing duty investigation.\2\ These deposit requirements shall
remain in effect until further notice.
---------------------------------------------------------------------------
\1\ See Notice of Final Determination of Sales at Less Than Fair
Value: Certain Cut-To-Length Carbon-Quality Steel Plate Products
from Korea, 64 FR 73196, 73214 (December 29, 1999).
\2\ See Final Affirmative Countervailing Duty Determination:
Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic
of Korea, 64 FR 73176, 731818--86 (December 29, 1999), as amended in
Notice of Amended Final Determinations: Certain Cut-to-Length
Carbon-Quality Steel Plate From India and the Republic of Korea, 65
FR 6587, 6588 (February 10, 2000).
---------------------------------------------------------------------------
Notification
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: March 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
List of Issues Addressed in the Issues and Decision Memorandum
Comment 1 Product Matching
Comment 2 Offsetting Positive Margins With Negative Margins
[FR Doc. E8-5780 Filed 3-20-08; 8:45 am]
BILLING CODE 3510-DS-S