[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Notices]
[Pages 74771-74773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30951]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 /
Notices
[[Page 74771]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-831 and A-580-834]
Notice of Implementation of Determination Under Section 129 of
the Uruguay Round Agreements Act and Revocation of the Antidumping Duty
Order on Stainless Steel Plate in Coils From the Republic of Korea; and
Partial Revocation of the Antidumping Duty Order on Stainless Steel
Sheet and Strip in Coils From the Republic of Korea
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 16, 2011, the U.S. Trade Representative (``USTR'')
instructed the Department of Commerce (``the Department'') to implement
its determination under section 129 of the Uruguay Round Agreements Act
(``URAA'') regarding the investigation of stainless steel plate in
coils from the Republic of Korea (``SSPC'') and stainless steel sheet
and strip from the Republic of Korea (``SSSS''). The Department issued
its determination on November 4, 2011, regarding the offsetting of
dumped comparisons with non-dumped comparisons when making average-to-
average comparisons of export price and normal value in the
investigation challenged by the Republic of Korea before the World
Trade Organization (``WTO'') in United States--Use of Zeroing in
Antidumping Measures Involving Products from Korea (DS402). The
Department is now implementing this determination.
DATES: The effective date of this determination is November 16, 2011.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Lori Apodaca, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-6905, or (202) 482-4551,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 26, 2011, the Department informed interested parties
that it was initiating a proceeding under section 129 of the URAA to
implement the findings of the WTO dispute settlement panel in United
States--Use of Zeroing in Antidumping Measures Involving Products from
Korea (DS402) (``Panel Report''). On September 26, 2011, the Department
issued the memorandum entitled ``Preliminary Results Under Section 129
of the Uruguay Round Agreements Act: Antidumping Measures on Stainless
Steel Plate in Coils and Stainless Steel Sheet and Strip in Coils from
the Republic of Korea,'' dated September 23, 2011 (``Preliminary 129
Results''), in which the Department recalculated the weighted-average
dumping margins from the antidumping investigations of SSPC and SSSS
from Korea \1\ by applying the calculation methodology described in
Antidumping Proceedings: Calculation of the Weighted-Average Dumping
Margin During an Antidumping Investigation; Final Modification, 71 FR
77722 (December 27, 2006). The Department invited interested parties to
comment on the Preliminary 129 Results. After receiving comments and
rebuttal comments from the interested parties, the Department issued
its final results for the section 129 determinations on November 4,
2011.\2\
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\1\ See Antidumping Duty Orders: Certain Stainless Steel Plate
in Coils From Belgium, Canada, Italy, the Republic of Korea, South
Africa, and Taiwan, 64 FR 27756 (May 21, 1999) (``Plate Order'') and
Notice of Antidumping Duty Order; Stainless Steel Sheet and Strip in
Coils From the United Kingdom, Taiwan and South Korea, 64 FR 40555
(July 27, 1999) (``Sheet Order''), as amended by Notice of Amendment
of Final Determination of Sales at Less Than Fair Value: Stainless
Steel Plate in Coils From the Republic of Korea; and Stainless Steel
Sheet and Strip in Coils From the Republic of Korea, 66 FR 45279
(August 28, 2001).
\2\ See Memorandum from Christian Marsh to Paul Piquado,
``Issues and Decision Memorandum for the Final Results of the
Proceeding Under Section 129 of the Uruguay Round Agreements Act:
Antidumping Measures on Stainless Steel Plate in Coils from the
Republic of Korea; Stainless Steel Sheet and Strip from the Republic
of Korea,'' dated November 4, 2011 (``Final 129 Results Memo'').
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In its November 16, 2011, letter, the USTR notified the Department
that, consistent with section 129(b)(3) of the URAA, consultations with
the Department and the appropriate congressional committees with
respect to the November 4, 2011, determination have been completed. On
November 16, 2011, in accordance with section 129(b)(4) of the URAA,
the USTR directed the Department to implement these determinations.
Nature of the Proceeding
Section 129 of the URAA governs the nature and effect of
determinations issued by the Department to implement findings by WTO
dispute settlement panels and the Appellate Body. Specifically, section
129(b)(2) of the URAA provides that, ``notwithstanding any provision of
the Tariff Act of 1930,'' within 180 days of a written request from the
USTR, the Department shall issue a determination that would render its
actions not inconsistent with an adverse finding of a WTO panel or the
Appellate Body report.\3\ The Statement of Administrative Action, URAA,
H. Doc. 316, Vol. 1, 103d Cong. (1994) (``SAA''), variously refers to
such a determination by the Department as a ``new,'' ``second,'' and
``different'' determination.\4\ After consulting with the Department
and the appropriate congressional committees, the USTR may direct the
Department to implement, in whole or in part, the new determinations
made under section 129 of the URAA.\5\ Pursuant to section 129(c) of
the URAA, the new determinations shall apply with respect to
unliquidated entries of the subject merchandise that are entered, or
withdrawn from warehouse, for consumption on or after the date on which
the USTR directs the Department to implement the new determinations.\6\
The new determinations are subject to judicial review separate and
apart from judicial review of the Department's original
determination.\7\
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\3\ See 19 U.S.C. 3538(b)(2).
\4\ See SAA at 1025, 1027.
\5\ See 19 U.S.C. 3538(b)(4).
\6\ See 19 U.S.C. 3538(c).
\7\ See 19 U.S.C. 1516a(a)(2)(B)(vii).
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Analysis of Comments Received
The issues raised in the case and rebuttal briefs submitted by
interested parties are addressed in the Final 129 Results Memo, which
is hereby adopted by this notice. A list of the issues, which
[[Page 74772]]
the parties raised and we addressed in the Final 129 Results Memo, is
attached to this notice as Appendix I. The Final 129 Results Memo is a
public document and is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is
available in the Central Records Unit, room 7046 of the main Department
of Commerce building. In addition, a complete version of the Final 129
Results Memo can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Final 129 Results Memo and the electronic
versions of the Final 129 Results Memo are identical in content.
Final Antidumping Duty Margins
The recalculated margins, unchanged from the Prelim 129 Results,
are as follows:
Stainless Steel Plate in Coils From the Republic of Korea (A-580-831)
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Manufacturer/exporter 2011 Section 129 results
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Pohang Iron & Steel Co., Ltd................ .55 percent (de minimis).
All-Others.................................. .55 percent (de minimis).
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Stainless Steel Sheet and Strip in Coils From the Republic of Korea (A-580-834)
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Manufacturer/exporter 2011 Section 129 results
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Pohang Iron & Steel Co., Ltd................ 0 percent (excluded).
Inchon Iron & Steel Co., Ltd................ 0 percent (excluded--no change).
Taihan Electric Wire Co., Ltd............... 58.79 percent (no change).
All Others.................................. 19.60 percent.
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Revocation of the Order for Stainless Steel Plate in Coils
Upon recalculation, Pohang Iron & Steel Co., Ltd. no longer has a
positive dumping margin. Because the changes to the margin calculations
result in no margins for the mandatory respondent, the All-Others rate
decreases to zero. Therefore, the Department is revoking the Plate
Order effective November 16, 2011, the date upon which USTR directed
the Department to implement its final results. Accordingly, we will
instruct U.S. Customs and Border Protection (``CBP'') to liquidate
without regard to antidumping duties entries of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after that
date and to discontinue the collection of cash deposits for entries of
stainless steel plate in coils from Korea.
Partial Revocation of the Order for Stainless Steel Sheet in Coils
Since the weighted-average margin percentage for Inchon Iron &
Steel Co., Ltd. continues to be zero, Inchon continues to be excluded
from the Sheet Order. Further, because the Department has recalculated
a dumping margin of zero percent for Pohang Iron & Steel Co., Ltd., the
Department is revoking the Sheet Order with respect to Pohang Iron &
Steel Co., Ltd., for entries made on or after November 16, 2011.
Accordingly, the Department will instruct CBP to liquidate without
regard to antidumping duties, Pohang Iron & Steel Co., Ltd.'s entries
of SSSS which were entered, or withdrawn from warehouse, for
consumption on or after that date and to discontinue the collection of
cash deposits for estimated antidumping duties for Pohang Iron & Steel
Co., Ltd.
However, in the Sheet Order, the Department assigned a dumping
margin based on section 776 of the Act in the LTFV investigation to
Taihan Electric Wire Co., Ltd. The Department has not recalculated this
dumping margin because it is not affected by the implementation of the
Panel Report. This dumping margin was based on information contained in
the petition and ``zeroing'' was not used to calculate the dumping
margins in the petition.\8\ In addition, the Department must determine
an appropriate All-Others dumping margin pursuant to section 735(c)(5)
of the Tariff Act of 1930, as amended (``the Act''). The Department
determines that a reasonable method for determining the All-Others
dumping margin is a simple average of the adverse-facts available
dumping margin and the calculated zero dumping margin, because there
are no other calculated dumping margins from which to assign an All-
Others dumping margin.\9\ This is consistent with our past practice in
the 2007 Section 129 Determinations.\10\ The All-Others dumping margin
is now 19.60 percent. Consequently, because the Taihan Electric Wire
Co., Ltd. and the All-Others dumping margins are above de minimis, we
will not revoke the Sheet Order in its entirety.
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\8\ See, e.g., Initiation of Antidumping Duty Investigations:
Stainless Steel Sheet and Strip in Coils From France, Germany,
Italy, Japan, Mexico, South Korea, Taiwan, and the United Kingdom,
63 FR 37521, 37526 (July 13, 1998) (where we stated that ``based on
comparisons of EP to adjusted CV, estimated margins range from 18.40
to 58.79 percent'').
\9\ See section 735(c)(5)(B) of the Act.
\10\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the
Uruguay Round Agreements Act and Revocations and Partial Revocations
of Certain Antidumping Duty Orders, 72 FR 2526, 25262-63 (May 4,
2007) (``2007 Section 129 Determinations'') where the Department
calculated a simple average of existing AFA margins with above de
minimis/zero margins as an All-Others rate following section 129
recalculations for the mandatory respondents that resulted in zero
or de minimis rates.
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We will instruct CBP to continue to suspend liquidation of all
entries of subject merchandise from all other exporters or producers,
except for Inchon Iron & Steel Co., Ltd. and Pohang Iron & Steel Co.,
Ltd., as stated above. We will instruct CBP to continue to require a
cash deposit equal to the estimated amount by which the normal value
exceeds the U.S. price. The suspension of liquidation instructions will
remain in effect until further notice. The All-Others rate of 19.60
percent established in this section 129 determination will be the new
cash-deposit rate on or after November 16, 2011, for all exporters of
subject merchandise for which the Department has not calculated an
individual rate.
These amended final determinations are issued and published in
accordance with section 129(c)(2)(A) of the URAA.
[[Page 74773]]
Dated: November 25, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
Discussion of the Issues
Plate and Sheet
1. Whether the Department Should Vacate the Preliminary 129 Results
2. Whether to Revoke the Plate Order
3. Whether to Set Cash Deposits to Zero in Lieu of Revocation
[FR Doc. 2011-30951 Filed 11-30-11; 8:45 am]
BILLING CODE 3510-DS-P