[Federal Register Volume 69, Number 92 (Wednesday, May 12, 2004)]
[Notices]
[Pages 26361-26363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10773]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(A-580-836)


Certain Cut-to-Length Carbon-Quality Steel Plate Products from 
the Republic of Korea: Final Results and Rescission in Part of 
Antidumping Duty Administrative Review

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

ACTION: Notice of final results and rescission in part of antidumping 
duty administrative review.

-----------------------------------------------------------------------

SUMMARY: On November 6, 2003, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on certain cut-to-length carbon-
quality steel plate products (steel plate) from the Republic of Korea 
(Korea). The review covers steel plate exported to the United States by 
Dongkuk Steel Mill Co., Ltd. (DSM) during the period from February 1, 
2002 through January 31, 2003. We provided interested parties with an 
opportunity to comment on the preliminary results of review. After 
analyzing the comments

[[Page 26362]]

received, we have made no changes in the margin calculation. The final 
weighted-average dumping margin for the reviewed firm is listed below 
in the section entitled, ``Final Results of Review.''

EFFECTIVE DATE: May 12, 2004.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Howard Smith, AD/CVD 
Enforcement, Office IV, Group II, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-2769 or (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 6, 2003, the Department published in the Federal 
Register the preliminary results of the administrative review of the 
antidumping duty order on steel plate from Korea. See Certain Cut-to-
Length Carbon-Quality Steel Plate Products From the Republic of Korea: 
Preliminary Results and Rescission in Part of Antidumping Duty 
Administrative Review, 68 FR 62770 (November 6, 2003) (Preliminary 
Results). In response to the Department's invitation to comment on the 
Preliminary Results of this review, DSM filed a case brief on December 
8, 2003. No other interested party filed case or rebuttal briefs.
    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 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 1,250 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). Steel products to be included in the scope of the order are 
of rectangular, square, circular or other shape and of rectangular or 
non-rectangular cross-section where such non-rectangular 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. Steel products that meet the 
noted physical characteristics that are painted, varnished or coated 
with plastic or other non-metallic substances are included within this 
scope. Also, specifically included in the scope of the order are high 
strength, low alloy (HSLA) steels. HSLA steels are recognized as steels 
with micro-alloying levels of elements such as chromium, copper, 
niobium, titanium, vanadium, and molybdenum. Steel products to be 
included in this scope, regardless of Harmonized Tariff Schedule of the 
United States (HTSUS) definitions, are products in which: (1) Iron 
predominates, by weight, over each of the other contained elements, (2) 
the carbon content is two percent or less, by weight, and (3) none of 
the elements listed below is equal to or exceeds the quantity, by 
weight, respectively indicated: 1.80 percent of manganese, or 1.50 
percent of silicon, or 1.00 percent of copper, or 0.50 percent of 
aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 
0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of 
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent 
zirconium. All products that meet the written physical description, and 
in which the chemistry quantities do not equal or exceed any one of the 
levels listed above, are within the scope of the order unless otherwise 
specifically excluded. The following products are specifically excluded 
from the order: (1) Products clad, plated, or coated with metal, 
whether or not painted, varnished or coated with plastic or other non-
metallic substances; (2) SAE grades (formerly AISI grades) of series 
2300 and above; (3) products made to ASTM A710 and A736 or their 
proprietary equivalents; (4) abrasion-resistant steels (i.e., USS AR 
400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, 
A517 grade S, or their proprietary equivalents; (6) ball bearing 
steels; (7) tool steels; and (8) silicon manganese steel or silicon 
electric steel. The merchandise subject to the order is classified 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.

Period of Review

    The period of review (POR) is February 1, 2002 through January 31, 
2003.

Rescission of Review

    We preliminarily rescinded the review with respect to Korea Iron & 
Steel Co., Ltd. (KISCO) and Union Steel Manufacturing Co., Ltd. (Union) 
because they reported that they made no shipments of subject 
merchandise during the POR. The Department reviewed U.S. Customs and 
Border Protection (CBP) data, which supports the claims that these 
companies did not export subject merchandise during the POR. The record 
evidence demonstrates that KISCO and Union did not export subject 
merchandise during the POR. We received no comment on this issue. 
Therefore, in accordance with 19 C.F.R. Sec.  351.213(d)(3) and 
consistent with Department's practice, we are rescinding this 
administrative review with respect to KISCO and Union.

Section 201 Duties

    In the Preliminary Results, the Department noted that it had not 
previously addressed the appropriateness of deducting section 201 
duties from U.S. prices. Since the Preliminary Results, the Department 
has determined not to deduct 201 duties from U.S. prices in calculating 
dumping margins. The reasons for this decision are set forth in 
Stainless Steel Wire Rod from the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review, 69 FR 19154 (April 12, 2004). 
Consistent with this decision, the Department has not deducted 201 
duties from U.S. prices in calculating dumping margins for these final 
results.

Analysis of Comments Received

    All issues raised in the case brief submitted by DSM are addressed 
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 is 
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

[[Page 26363]]

find a complete discussion of all issues raised in this administrative 
review, and the corresponding recommendations, 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 
the electronic version of the Issues and Decision Memorandum are 
identical in content.

Final Results of Review

    We determine that the following weighted-average percentage margin 
exists for the period February 1, 2002 through January 31, 2003:

------------------------------------------------------------------------
                Exporter/Manufacturer                  Margin (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd.........................                0.85
------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of steel plate 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 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 review 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 be the ``all others'' rate of 0.98 percent, 
which is the ``all others'' rate established in the LTFV investigation, 
adjusted for the export subsidy rate found in the countervailing duty 
investigation. These deposit requirements, when imposed, shall remain 
in effect until publication of the final results of the next 
administrative review.

Assessment

    The Department will determine, and the CBP shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
C.F.R. Sec.  351.212(b)(1), the Department has calculated an importer-
specific assessment rate for merchandise subject to this review. Where 
the importer-specific assessment rate is above de minimis, we will 
instruct the CBP to assess the calculated assessment rate against the 
entered customs values of the subject merchandise on each of the 
importer's entries during the POR. The Department will issue the 
appropriate assessment instructions directly to the CBP within 15 days 
of publication of these final results of review.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 C.F.R. Sec.  351.402(f)(2) to file a 
certificate regarding the reimbursement of antidumping duties or 
countervailing duties prior to liquidation of the relevant entries 
during this review period. Failure to comply with this requirement may 
result in the Secretary's presumption that reimbursement of antidumping 
and/or countervailing duties occurred and the subsequent increase in 
antidumping duties by the full amount of the antidumping and/or 
countervailing duties reimbursed.

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 Sec.  C.F.R. 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: May 4, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix Issues in Decision Memorandum

Comment 1: Whether Dongkuk Steel Mill Co., Ltd. and Dongkuk Industries 
Co., Ltd. are affiliated
Comment 2: Whether the Department of Commerce should grant Dongkuk 
Steel Mill Co., Ltd. a constructed export price (CEP) offset
[FR Doc. 04-10773 Filed 5-11-04; 8:45 am]
BILLING CODE 3510-DS-S