[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Notices]
[Pages 18044-18046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8558]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-815, A-580-816]


Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat 
Products From Korea; Final Results of Expedited Sunset Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of expedited sunset reviews.

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SUMMARY: On September 1, 1999, the Department of Commerce (``the 
Department'') published the notice of initiation of sunset reviews of 
the antidumping duty orders on certain cold-rolled and corrosion-
resistant carbon steel flat products from Korea. On the basis of a 
notice of intent to participate and adequate substantive response filed 
on behalf of a domestic interested party in each of these reviews, and 
inadequate response (in these cases no response) from respondent 
interested parties, we determined to conduct expedited sunset reviews. 
Based on our analysis of the substantive comments received, we find 
that revocation of the antidumping duty orders would be likely to lead 
to continuation or recurrence of dumping at the levels listed below in 
the section entitled ``Final Results of the Review.''

EFFECTIVE DATE: April 6, 2000.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or Melissa G. 
Skinner, Office of Policy, Import Administration, International Trade

[[Page 18045]]

Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5050 and (202) 482-1560, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of 
Commerce's (``the Department's'') regulations are to 19 CFR part 351 
(1999). Guidance on methodological or analytical issues relevant to the 
Department's conduct of sunset reviews is set forth in the Department 
Policy Bulletin 98:3--Policies Regarding the Conduct of Five-year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders; 
Policy Bulletin, 63 FR 18871 (April 16, 1998) (Sunset Policy Bulletin).

Background

    On September 1, 1999, the Department published the notice of 
initiation of sunset reviews of the antidumping duty orders on certain 
cold-rolled and certain corrosion-resistant carbon steel flat products 
from Korea (64 FR 47767) pursuant to section 751(c) of the Act. We 
invited parties to comment. On the basis of a notice of intent to 
participate and adequate substantive response filed on behalf of 
domestic interested parties in both reviews, and inadequate response 
(in these cases no response) from respondent interested parties, we 
determined to conduct expedited sunset reviews. The Department has 
conducted these sunset reviews in accordance with sections 751 and 752 
of the Act.
    In accordance with section 751(c)(5)(C)(v) of the Act, the 
Department may treat a review as extraordinarily complicated if it is a 
review of a transition order (i.e., an order in effect on January 1, 
1995). These reviews cover transition orders within the meaning of 
section 751(c)(6)(C)(ii) of the Act. Therefore, on December 22, 1999, 
the Department determined that the sunset reviews of the antidumping 
duty orders on certain cold-rolled and certain corrosion-resistant 
carbon steel flat products from Korea are extraordinarily complicated 
and extended the time limit for completion of the final results until 
not later than March 29, 2000, in accordance with section 751(c)(5)(B) 
of the Act.\1\
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    \1\ See Extension of Time Limit for Final Results of Five-Year 
Reviews, 64 FR 71726 (December 22, 1999).
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Scope of Review

    The merchandise covered by these orders is certain cold-rolled and 
certain corrosion-resistant carbon steel flat products from Korea. The 
order on cold-rolled steel covers cold-rolled (cold-reduced) carbon 
steel flat-rolled products, of rectangular shape, neither clad, plated 
nor coated with metal, whether or not painted, varnished or coated with 
plastics or other nonmetallic substances, 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 (``HTS'') under item numbers 7209.15.0000, 
7209.16.0030, 7209.16.0060, 7209.16.0090, 7209.17.0030, 7209.17.0060, 
7209.17.0090, 7209.18.1530, 7209.18.1560, 7209.18.2550, 7209.18.6000, 
7209.25.0000, 7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000, 
7210.70.3000, 7210.90.9000, 7211.23.1500, 7211.23.2000, 7211.23.3000, 
7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6085, 7211.29.2030, 
7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000, 
7212.40.1000, 7212.40.5000, 7212.50.0000, 7215.50.0015, 7215.50.0060, 
7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000, 
7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090. 
Included in this order are flat-rolled products of non-rectangular 
cross-section where such cross-section is achieved subsequent to the 
rolling process (i.e., products which have been ``worked after 
rolling'')--for example, products which have been beveled or rounded at 
the edges. Excluded from this review is certain shadow mask steel, 
i.e., aluminum-killed, cold-rolled steel coil that is open-coil 
annealed, has a carbon content of less than 0.002 percent, is of 0.003 
to 0.012 inch in thickness, 15 to 30 inches in width, and has an ultra 
flat, isotropic surface.
    The order on certain corrosion-resistant carbon steel flat products 
covers flat-rolled carbon steel products, of rectangular shape, either 
clad, plated, or coated with corrosion-resistant met- als 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 HTS under item numbers 7210.30.0030, 7210.30.0060, 7210.41.0000, 
7210.49.0030, 7210.49.0090, 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, 7217.90.5090. Included in 
this order are flat-rolled products of nonrectangular cross-section 
where such cross-section is achieved subsequent to the rolling process 
(i.e., products which have been ``worked after rolling'')--for example, 
products which have been beveled or rounded at the edges. Excluded from 
this review 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; 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; and 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

[[Page 18046]]

product clad on both sides with stainless steel in a 20%-60%-20% ratio. 
These HTS item numbers are provided for convenience and customs 
purposes. The written descriptions remain dispositive.
    The antidumping duty order remains in effect for all Korean 
producers and exporters of the subject merchandise

Analysis of Comments Received

    All issues raised in the substantive responses by parties to these 
sunset reviews are addressed in the ``Issues and Decision Memorandum'' 
(``Decision Memo'') from Jeffrey A. May, Director, Office of Policy, 
Import Administration, to Robert S. LaRussa, Assistant Secretary for 
Import Administration, dated March 29, 2000, which is hereby adopted by 
this notice. The issues discussed in the attached Decision Memo include 
the likelihood of continuation or recurrence of dumping and the 
magnitude of the margin likely to prevail were the orders revoked. 
Parties can find a complete discussion of all issues raised in these 
reviews and the corresponding recommendations in this public 
memorandum, which is on file in the Department's Central Record Unit, 
Room B-099, 14th Street and Constitution Ave., NW, Washington, DC 
20230.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ita.doc.gov/import__admin/records/
frn. The paper copy and electronic version of the Decision Memo are 
identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders would 
be likely to lead to continuation or recurrence of dumping at the 
following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
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                 Certain Cold-Rolled Steel Flat Products
 
Pohang Iron and Steel Company (POSCO)......................        14.44
All Others.................................................        14.44
 
             Certain Corrosion-Resistant Steel Flat Products
 
 Pohang Iron and Steel Company (POSCO).....................        17.70
All Others.................................................        17.70
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    In addition, in the administrative reviews of these orders 
initiated during 1996 and 1998, the Department found antidumping duties 
were being absorbed. Specifically, in the final results of the 
administrative reviews initiated in 1996 (covering 1995/96) the 
Department found antidumping duties were being absorbed by POSCO on the 
following percentage of its U.S. sales: 35.54 percent with respect to 
certain cold-rolled carbon steel flat products, and 14.64 percent with 
respect to corrosion-resistant carbon steel flat products.\2\ 
Additionally, in the reviews of both of these orders initiated in 1998 
(covering 1997/98) the Department found that duties were absorbed by 
three companies on the following percentage of their U.S. sales: 
certain cold-rolled carbon steel flat products, POSCO--2.70 percent; 
and corrosion-resistant carbon steel flat products, Dongbu--20.81 
percent, POSCO--6.85 percent, and Union--4.49 percent.\3\
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    \2\ See Certain Cold-Rolled and Corrosion-Resistant Carbon Steel 
Flat Products From Korea: Final Results of Antidumping Duty 
Administrative Reviews: Final Results of Antidumping Duty 
Administrative Reviews; 63 FR 13170 (March 18, 1998)
    \3\ See Certain Cold-Rolled and Corrosion-Resistant Carbon Steel 
Flat Products From Korea: Final Results of Antidumping Duty 
Administrative Reviews: Final Results of Antidumping Duty 
Administrative Reviews; 65 FR 13359 (March 13, 2000).
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely 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 terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: March 29, 2000.
Joseph A. Spetrini,
Acting, Assistant Secretary for Import Administration.
[FR Doc. 00-8558 Filed 4-5-00; 8:45 am]
BILLING CODE 3510-DS-P