[Federal Register Volume 65, Number 157 (Monday, August 14, 2000)]
[Notices]
[Pages 49540-49542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20556]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-811]


Notice of Final Results of Antidumping Duty Administrative 
Review: Steel Wire Rope From the Republic of Korea

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

EFFECTIVE DATE: August 14, 2000.

FOR FURTHER INFORMATION CONTACT: Jim Kemp or Edward Easton, at (202) 
482-1276 or (202) 482-3003, respectively; Import Administration, 
International Trade Administration, U.S. Department of Commerce, 
Washington, D.C. 20230.

The Applicable 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 (the 
Department) regulations are to 19 CFR part 351 (1999).

Final Results

    We determine that, for certain producers/exporters, sales of steel 
wire rope from the Republic of Korea (Korea) have been made below 
normal value (NV). The margins exist for the period March 1, 1998, 
through February 28, 1999, and are shown in the ``Final Results of 
Review'' section of this notice.

Case History

    On April 7, 2000, the Department published in the Federal Register 
the

[[Page 49541]]

preliminary results of the 1998-99 administrative review of the 
antidumping duty order on steel wire rope from Korea. See Notice of 
Preliminary Results of Antidumping Duty Administrative Review, Partial 
Rescission of Antidumping Duty Administrative Review and Intent to 
Revoke Antidumping Duty Order in Part: Steel Wire Rope from the 
Republic of Korea, 65 FR 18296 (April 7, 2000). At that time, we 
rescinded our review with respect to Boo Kook Corporation, Hanboo Wire 
Rope Inc., Kwangshin Rope, Seo Hae Industrial and Dae Heung Industrial 
Company. We gave interested parties an opportunity to comment on our 
preliminary results. The petitioners, the Committee of Domestic Steel 
Wire Rope and Specialty Cable Manufacturers, filed a case brief on May 
8, 2000, and one respondent, Jinyang Wire Rope (Jinyang), filed a 
rebuttal brief on May 15, 2000. There was no request for a public 
hearing. The period of review (POR) is March 1, 1998, through February 
28, 1999. We have conducted this administrative review in accordance 
with section 751 of the Act.

Scope of Review

    The product covered by this review is steel wire rope. Steel wire 
rope encompasses ropes, cables, and cordage of iron or carbon steel, 
other than stranded wire, not fitted with fittings or made up into 
articles, and not made up of brass-plated wire. Imports of these 
products are currently classifiable under the following Harmonized 
Tariff Schedule (HTSUS) subheadings: 7312.10.9030, 7312.10.9060, and 
7312.10.9090. Excluded from this review is stainless steel wire rope, 
i.e., ropes, cables and cordage other than stranded wire, of stainless 
steel, not fitted with fittings or made up into articles, which is 
classifiable under HTSUS subheading 7312.10.6000. Although HTSUS 
subheadings are provided for convenience and the Customs Service 
purposes, the written description of the scope of this review is 
dispositive.

Revocation

    On March 31, 1999, Kumho Wire Rope Manufacturing Co., Ltd. (Kumho) 
submitted a letter to the Department requesting revocation of the order 
with respect to its sales of the subject merchandise. At the 
preliminary results of this review, the Department preliminarily 
determined to revoke the order with respect to Kumho as provided under 
section 351.222(b)(3) of the regulations. However, the Department now 
finds that the issue of revocation has been rendered moot for the 
following reasons. First, the U.S. International Trade Commission (ITC) 
determined in a sunset review pursuant to 751(c) of the Act that 
revocation of the order on steel wire rope from Korea would not be 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time. See 
Certain Steel Wire Rope from Japan, Korea and Mexico, 65 FR 136 
(January 3, 2000). Based on the ITC's sunset determination, revocation 
of the order on steel wire rope from Korea became effective January 1, 
2000. See 65 FR 3205 (January 20, 2000). Thus, a revocation decision on 
this proceeding with respect to Kumho would not affect any entries 
after that date. Second, although Kumho may have had exports during the 
interim period between the end of this review period and the effective 
date of revocation, (a) entries of such exports would have been made at 
a zero cash deposit rate, (b) the opportunity to request a review of 
those entries has passed without a review request, and (c) those 
entries are subject to automatic assessment under 19 CFR 351.212 (c) as 
a result of (b). Consequently, there are no entries which would be 
affected by a revocation decision in this review and, therefore, it is 
not necessary for the Department to revoke the order with respect to 
Kumho.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping proceeding are addressed in the Issues and Decision 
Memorandum for the Sixth Administrative Review of Steel Wire Rope from 
Korea from Holly Kuga, Acting Deputy Assistant Secretary, Import 
Administration, to Troy H. Cribb, Acting Assistant Secretary for Import 
Administration, dated, August 7, 2000, (Decision Memorandum) which is 
hereby adopted by this notice. A list of the issues which parties have 
raised and to which we have responded, all of which are in the Decision 
Memorandum, is attached to this notice as an Appendix. Parties can find 
a complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum, which is on 
file with the Department's Central Records Unit, room B-099 of the main 
Department building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the World Wide Web at http://ia.ita.doc.gov. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Changes Since the Preliminary Determination

    We have excluded two observations in the U.S. sales database from 
our margin calculation for Jinyang because the transactions have dates 
of sale prior to the POR. See Decision Memorandum at Comment 2. We have 
made no changes to Kumho's margin calculation since the preliminary 
determination.

Final Results of Review

    As a result of this review, we determine that the following margins 
exist for the period March 1, 1998, through February 28, 1999:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Dae Kyung Metal Co., Ltd...................................     * 136.72
Dong-Il Steel Manufacturing Co., Ltd.......................     * 136.72
Dong Young.................................................     * 136.72
Jinyang Wire Rope, Inc.....................................         3.25
Korea Sangsa Company.......................................     * 136.72
Kumho Wire Rope Mfg. Co., Ltd..............................         0.06
Myung Jin Company..........................................     * 136.72
Sungsan Special Steel Processing...........................     * 136.72
Yeonsin Metal..............................................    * 136.72
------------------------------------------------------------------------
* Adverse facts available rate.

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b)(1), we have calculated importer-specific 
assessment rates by dividing the dumping margin found on the subject 
merchandise examined by the entered value of such merchandise. We will 
direct the Customs Service to assess antidumping duties by applying the 
assessment rate to the entered value of the merchandise entered during 
the POR, except where the assessment rate is de minimis (see 19 CFR 
351.106(c)(2)). The Department will issue appraisement instructions on 
each exporter directly to the Customs Service.
    As explained in the section on ``Revocation,'' the Department has 
revoked the antidumping duty order for this case, effective January 1, 
2000. Therefore, we have instructed the Customs Service to terminate 
suspension of liquidation for all entries of subject merchandise made 
after January 1, 2000. We will issue additional instructions directing 
the Customs Service to liquidate all entries of steel wire rope made 
after January 1, 2000, without regard to antidumping duties.
    This notice serves as a final reminder to importers of their 
responsibility to file a certificate regarding the

[[Page 49542]]

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.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 353.34(d)(1). 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.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: August 7, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix: Issues Covered in the Decision Memorandum

1. Inclusion of Jinyang as a Respondent
2. Sales Made Prior to the Period of Review
3. Total Facts Available for Jinyang's Packing Expense

[FR Doc. 00-20556 Filed 8-11-00; 8:45 am]
BILLING CODE 3510-DS-P