[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Pages 46770-46772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18950]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Cut-to-Length Carbon-Quality Steel Plate From the Republic of
Korea: Final Results of Countervailing Duty Administrative Review; 2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) completed the
administrative review of the countervailing duty (CVD) order on cut-
[[Page 46771]]
to-length carbon-quality steel plate (CTL Plate) from the Republic of
Korea for the January 1, 2012, through December 31, 2012, period of
review (POR) in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act). This review covers multiple exporters/
producers, one of which is being individually examined as a mandatory
respondent. We determine that Dongkuk Steel Mill Co., Ltd. (DSM)
received a de minimis net subsidy rate during the POR. We have used
DSM's total net subsidy rate as the rate for the remaining five
companies subject to review. Additionally, the Department has rescinded
the review of five companies that timely certified that they had no
shipments of subject merchandise to the United States during the POR.
Our analysis of comments received is contained in the Decision
Memorandum accompanying this Federal Register notice.\1\ The final net
subsidy rates are listed below in the ``Final Results of Review''
section. These subsidy rates are unchanged from the Preliminary
Results.\2\
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\1\ See ``Decision Memorandum for the Final Results of 2012
Countervailing Duty Administrative Review: Cut-to-length Carbon-
Quality Steel Plate from the Republic of Korea,'' from Gary
Taverman, Senior Advisor for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance (Decision Memorandum), dated concurrently and hereby
adopted by this notice.
\2\ See Certain Cut-to-Length Carbon-Quality Steel Plate from
the Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review; 2012, 79 FR 16283 (March 25, 2014)
(Preliminary Results), and accompanying Issues and Decision
Memorandum, dated March 18, 2014 (Preliminary Decision Memorandum).
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DATES: Effective Date: August 11, 2014.
FOR FURTHER INFORMATION CONTACT: John Conniff at 202-482-1009, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, the Department published in the Federal
Register the CTL Plate Order.\3\ On February 1, 2013, the Department
published a notice of opportunity to request an administrative review
of this CVD order.\4\ On March 25, 2014, the Department published its
preliminary results of review of the CVD order on CTL Plate from the
Republic of Korea for the POR.\5\
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\3\ See Notice of Amended Final Determination: Certain Cut-to-
Length Carbon-Quality Steel Plate From India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-to-
Length Carbon-Quality Steel Plate from France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000)
(CTL Plate Order).
\4\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 78 FR 7397 (February 1, 2013).
\5\ See Preliminary Results, 79 FR 16283 and Preliminary
Decision Memorandum.
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The Department received one case brief from Samsung C&T Corp
(Samsung) regarding its decision not to rescind Samsung from the
administrative review.
Scope of the Order
The products covered by the order are certain hot-rolled carbon-
quality steel: (1) Universal mill plates (i.e., flat-rolled products
rolled on four faces or in a closed box pass, of a width exceeding 150
mm but not exceeding 1250 mm, and of a nominal or actual thickness of
not less than 4 mm, which are cut-to-length (not in coils) and without
patterns in relief), of iron or non-alloy-quality steel; and (2) flat-
rolled products, hot-rolled, of a nominal or actual thickness of 4.75
mm or more and of a width which exceeds 150 mm and measures at least
twice the thickness, and which are cut-to-length (not in coils).
The merchandise subject to the order is currently classifiable in
the HTSUS under subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050,
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000,
7226.91.8000, 7226.99.0000.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise covered by
the order is dispositive.\6\
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\6\ See Decision Memorandum for a complete description of the
scope of the order.
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable during the POR, we determine that there is a subsidy,
i.e., a government-provided financial contribution that confers a
benefit to the recipient, and that the subsidy is specific. See
sections 771(5)(B) and (D) of the Act regarding financial contribution;
section 771(5)(E) of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity. For a complete description of the
methodology, see the Decision Memorandum.
Analysis of Comments Received
All issues raised in Samsung's case brief, the only case brief
submitted in this proceeding, are addressed in the Decision Memorandum.
A list of the issues which Samsung raised, and to which we responded in
the Decision Memorandum, is attached to this notice as Appendix I. The
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). 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 Commerce building. In addition, a complete version of the Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Decision Memorandum and the electronic
versions of the Decision Memorandum are identical in content.
Rescission of Administrative Review
Between April 10 and May 23, 2013, we received timely-filed no
shipment certifications from Daewoo International Corp. (Daewoo),
Dongbu Steel Co., Ltd. (Dongbu), GS Global Corp. (GS Global), Hyosung
Corporation (Hyosung), and Hyundai Steel Co. (Hyundai). Because these
companies timely filed no shipment certifications and there is no
evidence on the record to indicate that these companies had sales of
subject merchandise during the POR, pursuant to 19 CFR 351.213(d)(3),
the Department is rescinding the review with respect to Daewoo, Dongbu,
GS Global, Hyosung, and Hyundai.
Final Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated an
individual subsidy rate for the mandatory respondent, DSM. Because DSM
is the sole, mandatory respondent, we assigned to those companies not
selected for individual review, the rate calculated for DSM. As a
result of this review, we determine the listed net subsidy rates for
2012:
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Company 2012 Ad valorem rate
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Dongkuk Steel Mill Co., Ltd........... 0.11% de minimis.
Edgen Murray Corporation.............. de minimis.
Kyoungil Col., Ltd.................... de minimis.
Samsung C&T Corporation............... de minimis.
[[Page 46772]]
Samwoo EMC Co., Ltd................... de minimis.
TCC Steel Corp........................ de minimis.
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Assessment Rates/Cash Deposits
In accordance with 19 CFR 351.212(b)(2), the Department intends to
issue assessment instructions to U.S. Customs and Border Protection
(CBP) 15 days after the date of publication of these final results of
review to liquidate shipments of subject merchandise by respondents
entered, or withdrawn from warehouse, for consumption on or after
January 1, 2012, through December 31, 2012, without regard to CVDs
because a de minimis subsidy rate was calculated for each company as
the ad valorem assessment rate listed above. We will also instruct CBP
to continue to suspend liquidation but to collect no cash deposits of
estimated CVDs on shipments of the subject merchandise by the companies
listed above entered, or withdrawn from warehouse, for consumption on
or after the date of publication of the final results of review.
For the companies for which this review is rescinded,
countervailing duties shall be assessed at rates equal to the cash
deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2012, through December 31, 2012, in accordance with 19 CFR
351.2129(c)(1)(i).
For all non-reviewed companies, we will instruct CBP to continue to
collect cash deposits at the most recent company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit
rates that will be applied to companies covered by this order, but not
examined in this review, are those established in the most recently
completed administrative proceeding for each company. The cash deposit
rates for all companies not covered by this review are not changed by
the results of this review, and remain in effect until further notice.
Return or Destruction of Proprietary Information
This notice also serves as a 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 written
notification of the return/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 final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 5, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
I. Summary
II. Period of Review
III. Scope of the Order
IV. Rescission of Administrative Review With Respect to Certain
Companies
V. Non-Selected Rate
VI. Attribution of Subsidies
VII. Analysis of Programs
VIII. Analysis of Comments
Comment 1: Whether It Is Appropriate to Assign Samsung a Non-
Selected Respondent Rate
IX. Recommendation
[FR Doc. 2014-18950 Filed 8-8-14; 8:45 am]
BILLING CODE 3510-DS-P