[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Notices]
[Pages 16247-16250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05934]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-816]
Corrosion-Resistant Carbon Steel Flat Products From the Republic
of Korea; Final Results of Antidumping Duty Administrative Review; 2010
to 2011
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On September 6, 2012, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on corrosion-resistant carbon
steel flat products (CORE) from the Republic of Korea (Korea).\1\ This
review covers seven manufacturers and/or exporters (collectively, the
respondents) of the subject merchandise: Dongbu Steel Co., Ltd.
(Dongbu), Dongkuk Industries Co., Ltd. (Dongkuk), Haewon MSC Co. Ltd.
(Haewon), Hyundai HYSCO (HYSCO), LG Chem., Ltd. (LG Chem), LG Hausys,
Ltd. (Hausys), and Union Steel Manufacturing Co., Ltd. (Union). The
period of review (POR) is August 1, 2010, through July 31, 2011. Based
on our analysis of the comments received, we have made certain changes
in the margin calculation for Dongbu and HYSCO. The final results,
consequently, differ from the Preliminary Results. The final weighted-
average dumping margins for the reviewed firms are listed below in the
section entitled ``Final Results of Review.''
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\1\ See Certain Corrosion-Resistant Carbon Steel Flat Products
from the Republic of Korea: Preliminary Results of the 18th
Antidumping Duty Administrative Review, and Partial Rescission, 77
FR 54891 (September 6, 2012) (Preliminary Results).
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DATES: Effective Date: March 14, 2013.
FOR FURTHER INFORMATION CONTACT: Cindy Robinsons or Christopher
Hargett, at (202) 482-3797 or (202) 482-4161, respectively; AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 6, 2012, the Department published the Preliminary
Results. In the Preliminary Results, the Department did not address the
targeted dumping allegation submitted by the petitioner, United States
Steel Corporation (U.S. Steel), on May 8, 2012, and May 24, 2012.\2\ We
invited
[[Page 16248]]
interested parties to comment on the Preliminary Results.\3\ On October
26, 2012, Dongbu, Hausys, Union, and U.S. Steel submitted case briefs
on the Department's Preliminary Results.\4\ On November 6, 2012,
Dongbu, HYSCO and U.S. Steel submitted rebuttal briefs on the
Department's Preliminary Results.\5\
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\2\ See id., 77 FR at 54893.
\3\ See id., 77 FR at 54896.
\4\ See Dongbu's, Hausys,' Union's and U.S. Steel's comments on
the Department's Preliminary Results, all dated October 26, 2012.
\5\ See Dongbu's, HYSCO's and U.S. Steel's rebuttal comments on
the Department's Preliminary Results, all dated November 6, 2012.
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On December 26, 2012, the Department issued a Post-Preliminary
Analysis.\6\ At that time, we invited parties to comment on the
Department's analysis in addressing the petitioner's targeted dumping
allegation in this review.\7\ On January 7, 2013, HYSCO, Dongbu,
domestic producer Nucor Corporation (Nucor), and U.S. Steel submitted
comments on the Department's Post-Preliminary Analysis.\8\ On January
17, 2013, HYSCO, Nucor and U.S. Steel submitted rebuttal comments to
the Department's Post-Preliminary Analysis.\9\
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\6\ See the Department's ``2010/2011 Review of the Antidumping
Duty Orders on Certain Corrosion-Resistant Carbon Steel Flat
Products from the Republic of Korea: Post-Preliminary Analysis
Memorandum,'' dated December 26, 2012 (``Post-Preliminary
Analysis'').
\7\ See Post-Preliminary Analysis at 4 and 5.
\8\ See HYSCO's, Dongbu's, Nucor's and U.S. Steel's comments on
the Department's Post-Preliminary Analysis, all dated January 7,
2013.
\9\ See HYSCO's, Nucor's and U.S. Steel's rebuttal comments on
the Department's Post-Preliminary Analysis, all dated January 17,
2013.
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Period of Review
The POR covered by this review is August 1, 2010, through July 31,
2011.
Scope of the Order
The order covers flat-rolled carbon steel products, of rectangular
shape, either clad, plated, or coated with corrosion-resistant metals
such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based
alloys, whether or not corrugated or painted, varnished or coated with
plastics or other nonmetallic substances in addition to the metallic
coating, in coils (whether or not in successively superimposed layers)
and of a width of 0.5 inch or greater, or in straight lengths which, if
of a thickness less than 4.75 millimeters, are of a width of 0.5 inch
or greater and which measures at least 10 times the thickness or if of
a thickness of 4.75 millimeters or more are of a width which exceeds
150 millimeters and measures at least twice the thickness, as currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers 7210.30.0030, 7210.30.0060, 7210.41.0000,
7210.49.0030, 7210.49.0090, 7210.49.0091, 7210.49.0095, 7210.61.0000,
7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000,
7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7212.60.0000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060,
and 7217.90.5090. Included in the order are flat-rolled products of
non-rectangular cross-section where such cross-section is achieved
subsequent to the rolling process including products which have been
beveled or rounded at the edges (i.e., products which have been
``worked after rolling''). Excluded from the order are flat-rolled
steel products either plated or coated with tin, lead, chromium,
chromium oxides, both tin and lead (terne plate), or both chromium and
chromium oxides (tin-free steel), whether or not painted, varnished or
coated with plastics or other nonmetallic substances in addition to the
metallic coating. Also excluded from the order are clad products in
straight lengths of 0.1875 inch or more in composite thickness and of a
width which exceeds 150 millimeters and measures at least twice the
thickness. Also excluded from the order are certain clad stainless
flat-rolled products, which are three-layered corrosion-resistant
carbon steel flat-rolled products less than 4.75 millimeters in
composite thickness that consist of a carbon steel flat-rolled product
clad on both sides with stainless steel in a 20%-60%-20% ratio.
These HTSUS item numbers are provided for convenience and customs
purposes. The written descriptions remain dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties, as
well as the comments and rebuttal comments related to the Department's
Post-Preliminary Analysis, to this proceeding and to which we have
responded are listed in Appendix I to this notice and are addressed in
the Issues and Decision Memorandum, dated concurrently with, and hereby
adopted by, this notice.\10\ The Issues and Decision Memorandum is a
public document and is available electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at http://iaacess.trade.gov and is available to all
parties in the Central Records Unit, located in room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the internet
at http://www.trade.gov/ia/frn/index.html. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
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\10\ See Memorandum from Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, entitled ``Corrosion-
Resistant Carbon Steel Flat Products from the Republic of Korea:
Issues and Decision Memorandum for the Final Results,'' (Issues and
Decision Memorandum) dated concurrently with this notice.
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Changes From the Preliminary Results and Post-Preliminary Results
Based on our analysis of the comments received from interested
parties, we have made the following three changes in calculating
Dongbu's weighted-average dumping margin for the final results: (1) We
have corrected the allegedly targeted customer code which was
inadvertently miscoded in the Post-Preliminary Analysis' Margin
Program, and the correct customer code is inputted in the final Margin
Program; (2) we have modified the beginning and ending dates, as well
as the window period dates, in both the comparison market and margin
programs to ensure that all entries in the United States, and the
appropriate sales in the home market, are taken into consideration for
calculating the final margin; (3) we have used GRSUPR1H as the
comparison market gross price variable in the Department's Comparison
Market Program for the final results.\11\
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\11\ See Issues and Decision Memorandum at Comments 3, 5, and 6.
For further details on how the changes were applied in the margin
calculation, see Memorandum to the File, from Cindy Robinson, Sr.
International Trade Analyst, through Eric Greynolds, Program
Manager, entitled ``Calculation Memorandum for Dongbu Steel'' dated
March 7, 2013.
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We have also allocated HYSCO's reported home market warranty
expenses over all sales.\12\
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\12\ See Issues and Decision Memorandum at Comment 8; Memorandum
to the File, from Christopher Hargett, Sr. International Trade
Analyst, through Eric Greynolds, Program Manager, ``Final Results in
the 18th Administrative Review on Corrosion-Resistant Carbon Steel
Flat Products from Korea: Calculation Memorandum for Hyundai HYSCO''
dated March 7, 2013.
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[[Page 16249]]
Final Results of Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the period August 1, 2010,
through July 31, 2011:
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Weighted-average
Manufacturer/Exporter dumping margin
(percent)
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Dongbu............................................... 1.26
HYSCO................................................ 0.00
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Review-Specific Average Rate Applicable to Non- 1.26
Examined Respondents: \13\ Dongkuk, Haewon,
Hausys, LG Chem, and Union......................
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\13\ This rate is a weighted-average percentage margin (based on
the reviewed company with an affirmative dumping margin) for the
period August 1, 2009, through July 31, 2010, and does not include
zero and de minimis rates or any rates based solely upon facts
available.
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Disclosure
We will disclose calculation memoranda used in our analysis to
parties to these proceedings within five days of the date of
publication of this notice.\14\
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\14\ See 19 CFR 351.224(b).
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Assessment
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), the Department will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of these final results of review.
For assessment purposes, 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 Proceedings: Final Modification, 77 FR 8101 (February 14,
2012). For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.5 percent), we calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of dumping calculated for the importer's examined
sales to the total entered value of those same sales in accordance with
19 CFR 351.212(b)(1). We calculated such rates based on the ratio of
the total amount of dumping calculated for the examined sales to each
importer, to the total entered value of these same sales for which
entered value was reported. If an importer-specific assessment rate is
zero or below de minimis,\15\ or exporter has a weighted-average
dumping margin that is zero or below de minimis, the Department will
instruct CBP to assess that importer's entries of subject merchandise
without regard to antidumping duties.
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\15\ See 19 CFR 351.106(c)(2).
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For respondents who were not individually examined, the ad valorem
assessment rate for their associated entries will be equal to the
weighted-average dumping margin included in the
Final Results of Review
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\16\ This clarification will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
their merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
country-specific all-others rate established in the less-than-fair-
value (LTFV) investigation if there is no rate for the intermediate
company(ies) involved in the transaction.
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\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of the administrative
review for all shipments of subject merchandise entered or withdrawn
from warehouse, for consumption, on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the companies
subject to this review, the cash deposit rate will be equal to the
respective weighted-average dumping margin established in the final
results of this review, as listed above; (2) for previously reviewed or
investigated companies not listed above that have their own rates, the
cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which that manufacturer or exporter participated; (3) if the exporter
is not a firm covered in this review, a prior review, or the LTFV
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the manufacturer of the subject merchandise; and (4) if
neither the exporter nor the manufacturer is a firm covered in this or
any previous completed segment conducted under this proceeding by the
Department, the cash deposit rate will be 17.70 percent, the all-others
rate, established in the LTFV investigation.\17\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\17\ See Antidumping Duty Orders on Certain Cold-Rolled Carbon
Steel Flat Products and Certain Corrosion-Resistant Carbon Steel
Flat Products from Korea, 58 FR 44159 (August 19, 1993).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent increase in antidumping duties by
the amount of antidumping and/or countervailing duties reimbursed.
Notification to Interested Parties
This notice serves as the only 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
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written 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.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 7, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Issues in Issues and Decision Memorandum
List of Comments
General Issues
Comment 1: Targeted Dumping
A. Application of Alternative Methodology and Targeted Dumping
B. Withdrawal of Targeted Dumping Regulation
C. Department's Targeted Dumping Analysis
D. Application of the Nails Test
E. Application of Zeroing
Company Specific Issues
I. DONGBU
Comment 2: Post-preliminary Analysis Regarding Targeted Time Period
Comment 3: Targeted Customer Code
Comment 4: Exempted Harbor Usage Fees
Comment 5: Date of Sale
Comment 6: Comparison Market Gross Unit Price Variable
II. HYSCO
Comment 7: Date of Sale
Comment 8: Warranty Expenses
Comment 9: Reclassification of Merchandise
Comment 10: Classification of Non-Temper Merchandise
III. UNION
Comment 11: Individual Review
[FR Doc. 2013-05934 Filed 3-13-13; 8:45 am]
BILLING CODE 3510-DS-P