[Federal Register Volume 69, Number 71 (Tuesday, April 13, 2004)]
[Notices]
[Pages 19399-19400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8375]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-844]


Steel Concrete Reinforcing Bar From The Republic of Korea: Final 
Results of Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On October 7, 2003, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on steel concrete reinforcing bar 
(rebar) from the Republic of Korea (Korea). The review covers rebar 
exported to the United States by Dongkuk Steel Mill Co., Ltd. (DSM) and 
Korea Iron and Steel Co., Ltd. (KISCO), which have been collapsed into 
a single entity for purposes of this administrative review, during the 
period from January 30, 2001, through August 31, 2002. After analyzing 
the comments received, we have made certain changes in the margin 
calculation. The final weighted-average dumping margin for the reviewed 
entity is listed below in the section entitled ``Final Results of 
Review.''

EFFECTIVE DATE: April 13, 2004.

FOR FURTHER INFORMATION CONTACT: Richard Johns or Mark Manning, AD/CVD 
Enforcement, Office IV, Group II, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2305 or (202) 482-5253, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2003, the Department published in the Federal 
Register the preliminary results of the administrative review of the 
antidumping duty order on rebar from Korea. See Steel Concrete 
Reinforcing Bar from The Republic of Korea: Notice of Preliminary 
Results of Antidumping Duty Administrative Review, 68 FR 57883 (October 
7, 2003) (Preliminary Results). During the period October through 
December 2003, the Department received KISCO's responses to sections A-
D of the Department's questionnaire, which was issued on September 15, 
2003, as a result of the Department's decision to collapse DSM and 
KISCO. See Memorandum from Thomas F. Futtner, Acting Office Director, 
to Holly A. Kuga, Acting Deputy Assistant Secretary, ``Decision 
Memorandum: Whether to Collapse Dongkuk Steel Mill Co., Ltd., and Korea 
Iron and Steel Co., Ltd., Into a Single Entity,'' dated September 12, 
2003. In January 2004, the Department conducted verification of the 
sales and cost of production (COP) information reported by the 
collapsed entity, DSM/KISCO.
    In response to the Department's invitation to comment on the 
Preliminary Results of this review, DSM/KISCO filed a case brief on 
March 3, 2004. The petitioner \1\ also filed a case brief on March 3, 
2004. On March 10, 2004, DSM/KISCO and the petitioner filed rebuttal 
briefs.
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    \1\ The petitioner in this proceeding is the Rebar Trade Action 
Coalition and its individual members (collectively, the petitioner).
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    The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

Scope of the Review

    The products covered by the antidumping duty order are all rebar 
sold in straight lengths, currently classifiable in the Harmonized 
Tariff Schedule of the United States (HTSUS) under item number 
7214.20.00 or any other tariff item number. Specifically excluded are 
plain rounds (i.e., non-deformed or smooth bars) and rebar that has 
been further processed through bending or coating. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the merchandise covered by the order is 
dispositive.

Period of Review

    The period of review (POR) is from January 30, 2001 through August 
31, 2002.

Verification

    As provided in section 782(I) of the Act, we verified the 
information submitted by the respondent for use in our final results. 
We used standard verification procedures including examination of 
relevant accounting and production records, and original source 
documents provided by the DSM/KISCO.

Analysis of Comments Received

    All issues raised in the case brief submitted by DSM/KISCO and the 
petitioner are contained in the ``Issues and Decision Memorandum'' from 
Holly A. Kuga, Acting Deputy Assistant Secretary, to James J. Jochum, 
Assistant Secretary for Import Administration (Issues and Decision 
Memorandum). The Issues and Decision Memorandum is dated concurrently 
with this notice and hereby adopted by this notice. A list of the 
issues which the parties have raised is attached to this notice as an 
appendix. Parties can find a complete discussion of all issues raised 
in this administrative review in the Issues and Decision Memorandum 
which is on file in the Central Records Unit, room B-099 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Web at 
``http://ia.ita.doc.gov''. The paper copy and electronic version of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculation. These changes are discussed in the 
relevant sections of the Issues and Decision Memorandum. The Department 
issued the antidumping questionnaire to KISCO approximately two weeks 
before the fully extended deadline for the preliminary results. 
Therefore, KISCO's sales and costs of production data were not 
available for inclusion in the preliminary results. KISCO submitted its 
sales and COP data after the preliminary results, and we have included 
this information in our final results of review. Furthermore, we have 
corrected a programming error

[[Page 19400]]

contained in our preliminary results regarding the calculation of the 
constructed export price (CEP) offset. See Issues and Decision 
Memorandum. Lastly, we have made corrections to the reported 
information pursuant to minor errors found during verification. See 
Issues and Decision Memorandum.

Final Results of Review

    We determine that the following weighted-average percentage margin 
exists for DSM/KISCO for the period January 30, 2001, through August 
31, 2002.

------------------------------------------------------------------------
                                                                Margin
                   Exporter/manufacturer                      (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd./..............................        11.74
Korea Iron and Steel Co., Ltd..............................  ...........
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR Sec.  351.212(b)(1), we have 
calculated importer-specific assessment rates for merchandise subject 
to this review. Since DSM/KISCO reported the entered values and 
importer for its sales, we have calculated an importer-specific ad 
valorem duty assessment rate based on the ratio of the total amount of 
dumping margins calculated for the examined sales to the entered value 
of sales used to calculate those duties. If the importer-specific 
assessment rate is above de minimis (i.e., greater than 0.50 percent ad 
valorem), we will instruct CBP to assess the importer-specific rate 
uniformly on all entries made during the POR. The Department will issue 
appropriate assessment instructions directly to the CBP within 15 days 
of publication of the final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of rebar from Korea entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice, as provided by section 751(a)(1) of the Act: (1) The cash 
deposit rate for DSM and KISCO will be the rate shown above; (2) for 
previously reviewed or investigated companies not listed above, 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 less-than-fair-
value (LTFV) 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; and (4) if neither the exporter nor 
the manufacturer is a firm covered by any segment of this proceeding, 
the cash deposit rate will continue to be 22.89 percent, which is the 
``all others'' rate established in the LTFV investigation. These 
deposit requirements, when imposed, shall remain in effect until 
publication of the final results of the next administrative review.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR Sec.  351.402(f)(2) to file a certificate 
regarding the 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR Sec.  351.305. 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 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(a)(1) and 777(i)(1) of the Act.

    Dated: April 5, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix 1--Issues in Decision Memorandum

Comments and Responses

    1. Whether Dongkuk Steel Mill Co., Ltd. (DSM), Korea Iron and 
Steel Co., Ltd. (KISCO), and Dongkuk Industries Co., Ltd. (DKI) are 
affiliated.
    2. Whether the Department should ``collapse'' DSM and KISCO.
    3. Whether the Department should classify DSM's U.S. sales as 
weldable rebar.
    4. Whether the Department should correct a clerical error in the 
preliminary margin program to allow for the calculation of the CEP 
offset.
    5. Whether the Department should reverse its decision and reject 
DSM's sales, which are a major and significant correction to the 
sales listing.
    6. Whether DSM/KISCO's August 11, 2003 letter supports the 
acceptance of new factual information.
    7. Whether the Department can retroactively confer timely 
status.

[FR Doc. 04-8375 Filed 4-12-04; 8:45 am]
BILLING CODE 3510-DS-P