[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Notices]
[Pages 39956-39957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14663]


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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 the Republic of Korea: Amended Final Results of 
Antidumping Duty Administrative Reviews in Accordance with Court 
Decision

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

ACTION: Notice of Amended Final Results of Antidumping Duty 
Administrative Reviews in accordance with Court Decision.

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SUMMARY: On October 13, 2000, the United States Court of International 
Trade (``CIT'') affirmed the second remand determination of the 1995-96 
administrative reviews for Dongbu Steel Co., Ltd. (``Dongbu''), Pohang 
Iron and Steel Co., Ltd., (``POSCO''), and Union Steel Manufacturing 
Co., Ltd. (``Union'') by the Department of Commerce (``the 
Department'') arising from the antidumping duty orders on Certain Cold-
Rolled and Corrosion-Resistant Carbon Steel Flat Products From the 
Republic of Korea. See Pohang Iron and Steel Co., Ltd. et al v. United 
States, Consol. Ct. No. 98-04-00906, Slip Op. 00-132 (Ct. Int'l Trade 
October 13, 2000). As there is now a final and conclusive court 
decision in this case, we are amending the final results and amended 
final results of the reviews in this matter. We will instruct the U.S. 
Customs Service to liquidate entries subject to these amended final 
results.

DATES: Effective Date: June 11, 2002.

FOR FURTHER INFORMATION CONTACT: Marlene Hewitt, Antidumping/
Countervailing Duty Enforcement, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and

[[Page 39957]]

Constitution Avenue, N.W.,Washington DC 20230; telephone (202) 482-
1385.

SUPPLEMENTARY INFORMATION:

Background

    On August 19, 1993, the Department issued antidumping duty orders 
on Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat 
Products From the Republic of Korea. See Antidumping Duty Order: 
Certain Cold-Rolled and Corrosion-Resistant Carbon Steel Flat Products 
From the Republic of Korea, 58 FR 44159 (August 19, 1993). On March 18, 
1998, the Department published its final results of the 1995-1996 
administrative reviews (third review) of Certain Cold-Rolled and 
Corrosion-Resistant Carbon Steel Flat Products From the Republic of 
Korea for three Korean manufacturers/exporters: Dongbu, POSCO, and 
Union. See Certain Cold-Rolled and Corrosion-Resistant Carbon Steel 
Flat Products From the Republic of Korea; Final Results of Antidumping 
Administrative Review, 63 FR 13170 (March 18, 1998) (``Final 
Results''). On April 27, 1998, the Department published the amended 
final results of the 1995-1996 Administrative Review of Certain Cold-
Rolled Carbon Steel Flat Products From Korea to reflect the correction 
of certain ministerial errors in the Final Results. See Certain 
Corrosion-Resistant Carbon Steel Flat Products From Korea: Amended 
Final Results of Antidumping Administrative Review, 63 Fed. Reg. 20572 
(April 27, 1998) (``Amended Final Results'').
    Foreign producers Pohang Iron and Steel Co., Ltd. (``POSCO''), 
Pohang Coated Steel Co., Ltd. (``POCOS''), and Pohang Steel Industries 
Co., Ltd. (``PSI'') (collectively ``POSCO Group''), and Inland Steel 
Industries Inc., Bethlehem Steel Corporation, U.S. Steel Corporation A 
Unit of USX Corporation, LTV Steel Co., Inc., National Steel 
Corporation, (collectively ``domestic producers'' or ``petitioners'') 
contested at the CIT various aspects of the Department's Final Results 
and Amended Final Results.
    On October 20, 1999, the CIT remanded certain aspects of the 
Department's Final Results and Amended Final Results. The court ordered 
the Department to explain or reconsider the following issues: (1) its 
determination that the POSCO Group's U.S. sales were constructed export 
price (``CEP'') as opposed to export price (``EP'') sales, (2) its 
inclusion of movement expenses in the calculation of CEP profit, (3) 
its calculation of and use of facts available for U.S. indirect selling 
expenses for the POSCO Group, and (4) Union's claim of free U.S. 
warehousing for one verification observation. See Pohang Iron and Steel 
Co., Ltd. et al v. United States, Consol. Ct. No. 98-04-00906, Slip Op. 
99-112 (Ct. Int'l Trade October 20, 1999).
    On February 22, 2000, the Department filed its redetermination 
pursuant to court remand. The Department re-examined, and recalculated 
the contested aspects of the Final Results and Amended Final Results. 
See Final Results of Redetermination Pursuant to Court Remand: Pohang 
Iron and Steel Co., Ltd. et al v. United States, Consol. Ct. No. 98-04-
00906, Slip Op. 99-112 (Ct. Int'l Trade October 20, 1999) (``remand 
results'').
    On July 6, 2000, the CIT sustained the Department's remand results 
with respect to Union's warehousing expenses and classification of the 
POSCO Group's U.S. sales as CEP sales, but remanded the remand results 
to the Department to correct further the indirect selling expenses 
adjustment. See Pohang Iron and Steel Co., Ltd. et al v. United States, 
Consol. Ct. No. 98-04-00906, Slip Op. 00-77 (Ct. Int'l Trade July 6, 
2000).
    On August 30, 2000, the Department filed its second redetermination 
pursuant to court remand. The Department re-calculated the POSCO 
Group's U.S. indirect selling expense adjustment by removing from 
interest expenses previously deducted imputed credit expenses in the 
programs used for the Final Results and Amended Final Results. See 
Final Results of Redetermination Pursuant to Court Remand: Pohang Iron 
and Steel Co., Ltd. et al v. United States, Consol. No. 98-04-00906, 
Slip Op. 00-77 (Ct. Int'l Trade July 6, 2000) (``second remand 
results'').
    On October 13, 2000, the CIT affirmed the second remand results of 
the Department. See Pohang Iron and Steel Co., Ltd. et al v. United 
States, Consol. Ct. No. 98-04-00906, Slip Op. 00-132 (Ct. Int'l Trade 
October 13, 2000).

Amendment to Final Results

    As the time period for appealing the CIT's decision sustaining the 
Department's second remand results has expired and no party has 
appealed this decision, litigation in this case is final and conclusive 
for Dongbu, POSCO, and Union. Pursuant to section 516 A(c) of the Act, 
we are therefore amending our final results of review for the period 
August 1, 1995 through July 31, 1996, to reflect the findings in the 
first and second remand results.
    The revised weighted-average margins for the above companies are as 
follows:

                        Cold-Rolled Products:\1\
------------------------------------------------------------------------
                Manufacturer/Exporter                   Margin (percent)
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Dongbu...............................................               1.21
POSCO Group..........................................               5.73
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\1\ Union had no sales during the POR.


                      Corrosion-Resistant Products:
------------------------------------------------------------------------
                Manufacturer/Exporter                   Margin (percent)
------------------------------------------------------------------------
Dongbu...............................................               0.60
POSCO Group..........................................               1.46
Union................................................               0.39
------------------------------------------------------------------------

    Accordingly, the Department will determine, and the U.S. Customs 
Service (``Customs'') will assess, antidumping duties on all 
appropriate entries of subject merchandise from Dongbu, POSCO, and 
Union, in accordance with these amended final results. For assessment 
purposes, we have calculated importer-specific duty assessment rates 
for each class or kind of merchandise. The Department will issue 
appraisement instructions directly to Customs. The above amended rates 
will not affect Dongbu, POSCO, and Union's cash deposit rates currently 
in effect, which continue to be based on the margins found to exist in 
the most recently completed review.
    This notice is published in accordance with sections 751(a)(1) and 
777(i) of the Tariff Act (19 U.S.C. 1675(a)(1) and 1677f(i)) and 19 
C.F.R. 351.221.

    Dated: June 5, 2002
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. 02-14663 Filed 6-10-02; 8:45 am]
BILLING CODE 3510-DS-S