[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Notices]
[Pages 13275-13277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05140]
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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; 2012-2013
AGENCY: Enforcement and Compliance, formerly 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
[[Page 13276]]
products (CTL plate) from the Republic of Korea (Korea). The period of
review (POR) is February 1, 2012, through January 31, 2013. The
Department preliminarily determines that the producers/exporters
subject to this review made sales of subject merchandise at less than
normal value or had no shipments of subject merchandise.\1\ We invite
interested parties to comment on these preliminary results.
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\1\ The deadline for the preliminary results of this review was
March 3, 2014. Due to the closure of the Federal Government in
Washington, DC on March 3, 2014, the Department reached this
determination on the next business day (i.e., March 4, 2014). See
Notice of Clarification: Application of ``Next Business Day'' Rule
for Administrative Determination Deadlines Pursuant to the Tariff
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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DATES: Effective Date: March 10, 2014.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations,
Office I, Enforcement and Compliance, 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. While 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 Preliminary
Decision Memorandum.\2\
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\2\ See the memorandum from Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``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.
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Preliminary Determination of No Reviewable Entries
We received timely submissions of letters from Daewoo International
Corp. (Daewoo), Dongbu Steel Co., Ltd. (Dongbu), GS Global Corp. (GS
Global), Hyosung Corporation (Hyosung), 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.\3\
Based on record evidence, we preliminarily determine that Daewoo,
Dongbu, GS Global, Hyosung, and Hyundai Steel had no reviewable entries
during the POR. For additional information on our preliminary
determination of no reviewable entries, see the Preliminary Decision
Memorandum.
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\3\ See the letters from Daewoo, Dongbu, GS Global, Hyosung, and
Hyundai Steel dated May 10, 2013, April 10, 2013, May 15, 2013, May
23, 2013, and May 15, 2013, respectively.
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Methodology
We selected one company for individual examination in this
administrative review, Dongkuk Steel Mill Co., Ltd. (DSM). The
Department conducted this review in accordance with section 751 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.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is made available to the
public via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at https://iaaccess.trade.gov, and is
available to all parties in the Department's Central Records Unit,
located at room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at http://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
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, 2012, through January 31, 2013. The rate for
the companies not selected for individual examination is equal to the
weighted-average dumping margin for the selected respondent, DSM.
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Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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Dongkuk Steel Mill Co., Ltd............................. 4.64
Edgen Murray Corporation................................ 4.64
Kyoungil Co., Ltd....................................... 4.64
Samsung C&T Corp........................................ 4.64
Samwoo EMC Co., Ltd..................................... 4.64
TCC Steel Corp.......................................... 4.64
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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.\4\ 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.\5\
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\4\ See 19 CFR 351.309(d).
\5\ 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 Enforcement and
Compliance, 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 5:00 p.m. Eastern
Time within 30 days after the date of publication of this notice.\6\
Requests should contain: (1) The party's name, address and telephone
number; (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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\6\ See 19 CFR 351.310(c).
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Assessment Rates
If DSM's weighted-average dumping margin continues to be 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
[[Page 13277]]
with 19 CFR 351.212(b)(1).\7\ If DSM's weighted-average dumping margin
is 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.\8\
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\7\ 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).
\8\ 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).
In the final results of this review, if we continue to find that
Daewoo, Dongbu, GS Global, Hyosung, and Hyundai Steel had no reviewable
transactions of subject merchandise, we will instruct CBP to liquidate
any existing entries of merchandise produced by these companies but
exported by other companies at the all-others rate.\9\
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\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual
examination, Edgen Murray Corporation, Kyoungil Co., Ltd., Samsung C&T
Corp., Samwoo EMC Co., Ltd., 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,\10\ 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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\10\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate
Products From the Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2011-2012, 78 FR 29113, 29114 (May 17,
2013).
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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 POR. 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: March 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Preliminary Determination of No Reviewable Entries
E. Rates for Respondents Not Selected for Individual Examination
F. Comparisons to Normal Value
G. Determination of Comparison Method
H. Results of the Differential Pricing Analysis
I. Product Comparisons
J. Date of Sale
K. Level of Trade/CEP Offset
L. Constructed Export Price
M. Normal Value
1. Overrun Sales
2. Selection of Comparison Market
3. Affiliated Parties
4. Affiliated Party Transactions and Arm's-Length Test
5. Cost of Production
6. Calculation of Normal Value Based on Comparison Market Prices
N. Currency Conversion
O. Recommendation
[FR Doc. 2014-05140 Filed 3-7-14; 8:45 am]
BILLING CODE 3510-DS-P