[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Notices]
[Pages 55057-55059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21890]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-816]
Corrosion-Resistant Carbon Steel Flat 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: In response to requests from interested parties, the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on corrosion-resistant carbon
steel flat products (CORE) from the Republic of Korea (Korea), covering
the period
[[Page 55058]]
August 1, 2011, through February 14, 2012.\1\ \2\ The review covers two
mandatory respondents, Dongbu Steel Co., Ltd., (Dongbu), and Hyundai
HYSCO (HYSCO), and five non-selected companies.\3\ We preliminarily
determine that Dongbu sold subject merchandise at less than normal
value (NV) during the POR. We preliminarily determine that HYSCO did
not sell subject merchandise at less than NV during the POR.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 77 FR
59168 (September 26, 2012).
\2\ The period of review (POR) ends on February 14, 2012 because
the antidumping duty order on CORE from Korea was revoked effective
this date. See Corrosion-Resistant Carbon Steel Flat Products from
Germany and the Republic of Korea: Revocation of Antidumping and
Countervailing Duty Orders, 78 FR 16832 (March 19, 2013) (CORE
Revocation).
\3\ The non-selected companies are: Dongkuk Industries Co., Ltd.
(Dongkuk), Haewon MSC Co. Ltd. (Haewon), LG Chem., Ltd. (LG Chem),
LG Hausys, Ltd. (Hausys), and Union Steel Manufacturing Co., Ltd.
(Union); see also Memorandum to Melissa G. Skinner, Director, Office
3, AD/CVD Operations through Eric Greynolds, Program Manager, Office
3, AD/CVD Operations from Christopher Hargett, Senior International
Trade Compliance Analyst, Office 3, AD/CVD Operations, titled
``Selection of Respondents for Individual Review,'' dated November
19, 2012.
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DATES: Effective Date: September 9, 2013.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Dongbu) or
Christopher Hargett (HYSCO), AD/CVD Operations, Office 8, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-3692 or (202) 482-4161, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
Imports covered by the order are shipments of flat-rolled carbon
steel products. The merchandise subject to review is currently
classifiable under items 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 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the merchandise
subject to the order is dispositive. For a full description of the
scope of the order, see the ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Corrosion-Resistant
Carbon Steel Flat Products from the Republic of Korea'' from Gary
Taverman, Senior Advisor for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Import
Administration, (Preliminary Decision Memorandum) dated concurrently
with these results and 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).
IA ACCESS is available to registered users at http://iaaccess.trade.gov, and it 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.
Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price (CEP) is calculated in accordance with section 772 of the
Act. NV is calculated in accordance with section 773 of the Act. For a
full description of the methodology underlying our conclusions, see
Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins \4\ for the period August 1,
2011, through February 14, 2012:
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\4\ Because there was only one margin that was not zero or de
minimis, we preliminarily are using this margin (Dongbu's) as the
rate for the non-selected companies. Due to the revocation of this
antidumping duty order effective February 14, 2012, the weighted-
average margins listed in the rate chart will only be used to
calculate the liquidation rate for the five non-selected companies
in the instant review. If the final results of this review are
unchanged from the Preliminary Results, the Department will
liquidate entries for Dongbu based on the business proprietary
assessment rates which the Department calculates for Dongbu in the
instant review.
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Weighted-
average
Producer and/or exporter dumping
margin
(percent)
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Dongbu Steel Co., Ltd................................... 7.64
Hyundai HYSCO........................................... 0.00
Dongkuk Industries Co., Ltd............................. 7.64
Haewon MSC Co. Ltd...................................... 7.64
LG Chem., Ltd........................................... 7.64
LG Hausys, Ltd.......................................... 7.64
Union Steel Manufacturing Co., Ltd...................... 7.64
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Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\5\
Interested parties may submit written comments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within five days after the time limit for filing case
briefs.\6\ Rebuttal briefs must be limited to issues raised in the case
briefs.\7\ Parties who submit arguments are requested to submit with
the argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\8\ All case and rebuttal
briefs must be filed electronically using IA ACCESS, and must also be
served on interested parties.\9\ An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, IA ACCESS, by 5:00 p.m. Eastern Standard Time within 30
days after the date of publication of this notice. Executive summaries
should be limited to five pages total, including footnotes.
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\7\ See 19 CFR 351.309(d)(2).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303(f).
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Within 30 days of the date of publication of this notice,
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, U.S. Department of Commerce, using
Import Administration's IA ACCESS system.\10\ Requests should contain
the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
[[Page 55059]]
for a hearing is made, we will inform parties of the scheduled date for
the hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
location to be determined.\11\ Parties should confirm by telephone the
date, time, and location of the hearing. Issues raised in the hearing
will be limited to those raised in the respective case briefs.
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, the Department will issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days of
publication of these preliminary results.
Assessment Rates
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\12\ If the
weighted-average dumping margin for Dongbu or HYSCO is not zero or de
minimis (i.e., less than 0.5 percent), we will calculate importer-
specific ad valorem antidumping 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).\13\ We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is not zero or de minimis. Where either
the respondent's weighted-average dumping margin is zero or de minimis,
or an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\14\ The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review where
applicable.
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\12\ See 19 CFR 351.212(b)(1).
\13\ In these preliminary results, the Department applied the
weighted-average dumping margin 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).
\14\ See 19 CFR 351.106(c)(2).
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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 each respondent for which they
did not know that their 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).
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The Department notified CBP to discontinue the collection of cash
deposits on entries of the subject merchandise, entered or withdrawn
from warehouse, on or after February 14, 2012.\15\
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\15\ See CORE Revocation, 78 FR 16832.
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Notifications
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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 30, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Period of Review
3. Scope of the Order
4. Discussion of Methodology
[FR Doc. 2013-21890 Filed 9-6-13; 8:45 am]
BILLING CODE 3510-DS-P