[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Pages 4385-4386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01179]
[[Page 4385]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate Products From
the Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain cut-to-
length carbon-quality steel plate products (CTL plate) from the
Republic of Korea (Korea). The period of review (POR) is February 1,
2011, through January 31, 2012. We preliminarily find that the subject
merchandise has not been sold at less than normal value.
DATES: Effective Date: January 22, 2013.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington DC 20230; telephone (202) 482-5760.
Scope of the Order
The products covered by the antidumping duty order are certain CTL
plate. Imports of CTL plate are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under subheadings
7208.40.30.30, 7208.40.30.60, 7208.51.00.30, 7208.51.00.45,
7208.51.00.60, 7208.52.00.00, 7208.53.00.00, 7208.90.00.00,
7210.70.30.00, 7210.90.90.00, 7211.13.00.00, 7211.14.00.30,
7211.14.00.45, 7211.90.00.00, 7212.40.10.00, 7212.40.50.00,
7212.50.00.00, 7225.40.30.50, 7225.40.70.00, 7225.50.60.00,
7225.99.00.90, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. The HTSUS subheadings are provided for convenience and
customs purposes. The written description is dispositive. A full
description of the scope of the order is contained in the memorandum
from Gary Taverman, Senior Advisor for Antidumping and Countervailing
Duty Operations, to Paul Piquado, Assistant Secretary for Import
Administration, ``Preliminary Decision Memorandum for the
Administrative Review of the Antidumping Duty Order on Certain Cut-to-
Length Carbon-Quality Steel Plate Products from the Republic of Korea''
dated concurrently with this notice (``Preliminary Decision
Memorandum''), which is hereby adopted by this notice.
The Preliminary Decision Memorandum 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 to registered users at
http://iaaccess.trade.gov and is available to all parties in the
Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Determination of No Reviewable Entries
We received timely submission of letters from Daewoo International
Corp. (Daewoo), Dongbu Steel Co., Ltd. (Dongbu), GS Global Corp. (GS
Global), and Hyundai Steel Co. (Hyundai Steel) reporting to the
Department that they had no exports, sales or entries of subject
merchandise to the United States during the POR.\1\ Based on record
evidence, we preliminarily determine that Daewoo, Dongbu, GS Global,
and Hyundai Steel had no reviewable entries during the POR.
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\1\ See the letters from Daewoo, Dongbu, GS Global, and Hyundai
Steel dated May 22, 2012, April 26, 2012, May 22, 2012, and April
24, 2012, respectively.
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Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section 772
of the Act. Normal value is calculated in accordance with section 773
of the Act. In accordance with section 773(b) of the Act, we
disregarded certain sales made by Dongkuk Steel Mill Co., Ltd. (DSM) in
the home market which were made at below-cost prices.
For a full description of the methodology underlying our
conclusions, see Preliminary Decision Memorandum.
Rates for Respondents Not Selected for Individual Examination
Generally we have looked to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the rate for respondents
not selected for individual review.
Therefore, based on the facts available, and in accordance with the
statute, we determine that a reasonable method for determining the
weighted-average dumping margins for the non-selected respondents in
this review (i.e., Samsung C&T Corp. and TCC Steel Corp.) is to assign
the rate calculated for DSM, which is the sole company selected for
individual examination.
For a full description of the methodology we used in calculating
rates for respondents not selected for individual examination, see
Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the respondents
for the period February 1, 2011, through January 31, 2012.
------------------------------------------------------------------------
Weighted-
average
Manufacturer/Exporter dumping margin
(percent)
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Dongkuk Steel Mill Co., Ltd............................. 0.00
Samsung C&T Corp........................................ 0.00
TCC Steel Corp.......................................... 0.00
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Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\2\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue, (2) a brief summary of the argument, and (3) a table of
authorities.\3\
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\2\ See 19 CFR 351.309(d).
\3\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time
within 30 days after the date of publication of this notice.\4\
Requests should contain: (1) The party's name, address and telephone
number;
[[Page 4386]]
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. The Department will issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
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\4\ See 19 CFR 351.310(c).
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Assessment Rates
If DSM's weighted-average dumping margin is above de minimis in the
final results of this review, we will calculate an importer-specific
assessment rate on the basis of the ratio of the total amount of
antidumping duties calculated for the importer's examined sales and the
total entered value of the sales in accordance with 19 CFR
351.212(b)(1).\5\ If DSM's weighted-average dumping margin continues to
be zero or de minimis in the final results of review, we will instruct
U.S. Customs and Border Protection (CBP) not to assess duties on any of
its entries in accordance with the Final Modification for Reviews,
i.e., ``where the weighted-average margin of dumping for the exporter
is determined to be zero or de minimis, no antidumping duties will be
assessed.'' \6\
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\5\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\6\ See Final Modification for Reviews, 77 FR at 8102.
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by DSM, which is the company
selected for individual examination in this review, for which it did
not know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries 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 Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
For the companies which were not selected for individual
examination, Samsung C&T Corp. and TCC Steel Corp., we will instruct
CBP to apply the rates listed above to all entries of subject
merchandise produced and/or exported by those firms.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of CTL plate from Korea entered, or withdrawn from
warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for
companies subject to this review will be the rate established in the
final results of this administrative review; (2) for merchandise
exported by manufacturers or exporters not covered in this review but
covered in a prior segment of the proceeding, 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 original 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) the
cash deposit rate for all other manufacturers or exporters will
continue to be 0.98 percent,\7\ the all-others rate established in the
less-than-fair-value investigation, adjusted for the export-subsidy
rate in the companion countervailing duty investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\7\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate
Products From the Republic of Korea: Final Results of Antidumping
Duty Administrative Review, 77 FR 21527, 21529 (April 10, 2012).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 double antidumping duties.
The Department is issuing and publishing these results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: January 14, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
Scope of the Order
Preliminary Determination of No Reviewable Entries
Rates for Respondents Not Selected for Individual Examination
Comparisons to Normal Value
Product Comparisons
Date of Sale
Level of Trade/CEP Offset
Constructed Export Price
Normal Value
A. Overrun Sales
B. Selection of Comparison Market
C. Affiliated Party Transactions and Arm's Length Test
D. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Constructed Value
F. Calculation of Normal Value Based on Comparison Market Prices
Currency Conversion
[FR Doc. 2013-01179 Filed 1-18-13; 8:45 am]
BILLING CODE 3510-DS-P