[Federal Register Volume 69, Number 119 (Tuesday, June 22, 2004)]
[Notices]
[Pages 34646-34647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14123]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-816]


Corrosion-Resistant Carbon Steel Flat Products From Korea: 
Partial Rescission of Antidumping Duty Administrative Review

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

ACTION: Notice of partial rescission of the antidumping duty 
administrative review; correction.

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SUMMARY: On May 5, 2004, the Department of Commerce (``Department'') 
published a notice in the Federal Register regarding a partial 
rescission of antidumping duty administrative review of corrosion-
resistant carbon steel flat products from Korea. See Corrosion-
Resistant Carbon Steel Flat Products From Korea: Partial Rescission of 
Antidumping Duty Administrative Review 69 FR 25059, 25060 (May 5, 2004) 
(``Rescission Notice''). This document inadvertently did not address a 
comment raised by an interested party.

EFFECTIVE DATE: June 22, 2004.

FOR FURTHER INFORMATION CONTACT: John D. A. LaRose, Enforcement Group 
III, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
NW., Washington, DC 20230; telephone: 202-482-3794.

SUPPLEMENTARY INFORMATION: 

Background

    On August 29, 2003, International Steel Group requested that the 
Department conduct an administrative review of the antidumping duty 
order on Korean CORE for the period August 1, 2002 through July 31, 
2003. On July 1, 2003, the Department published a notice of initiation 
of the antidumping administrative review of Korean CORE, in accordance 
with 19 CFR 351.221(c)(1)(i). See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, Requests for Revocations in 
Part, 68 FR 56262 (September 30, 2003). This review covers several 
exporters of the subject merchandise, including SeAH. On October 9, 
2003, SeAH submitted a timely letter stating that the company and its 
affiliates did not have exports or sales of the subject merchandise to 
the United States during the POR. The letter also requested that the 
Department terminate the administrative review with respect to SeAH.
    After receiving SeAH's letter, the Department examined the online 
U.S. Customs and Border Protection (``CBP'') listing of entries 
suspended under the order and confirmed that SeAH had no entries during 
the POR. On October 23, 2003, the Department also sent an electronic 
message to CBP requesting that CBP officials report any known entries 
of subject merchandise from SeAH during the POR. In its message to CBP, 
the Department stated that no reply was required if CBP officials were 
not aware of any entries. By the deadline stated in our request, the 
Department received no reply. On March 15, 2004, the Department 
provided interested parties with a draft rescission, soliciting 
comments by March 22, 2004. See Memorandum to Edward Yang from Lisa 
Shishido Regarding Intent to Partially Rescind the

[[Page 34647]]

Antidumping Duty Administrative Review of Korean Core, dated March 15, 
2004.

Comments From Interested Parties

    On March 23, 2004, United States Steel Corporation (``Petitioner'') 
submitted comments. The Petitioner argues that it is incorrect to 
assume that because the Department received no reply from CBP, there 
were no entries by SeAH of subject merchandise. Petitioner argues that 
CBP simply may not have completed its investigation. Moreover, 
Petitioner argues that CBP may not have even begun to examine this 
issue and that unless the Department receives an affirmative response 
from CBP stating that SeAH had no entries of subject merchandise during 
the POI, the Department should not rescind this review.

Department's Position

    Pursuant to the Department's regulations, the Department will 
rescind an administrative review ``with respect to a particular 
exporter or producer, if the Secretary concludes that, during the 
period covered by the review, there were no entries, exports, or sales 
of the subject merchandise, as the case may be.'' See 19 CFR 
351.213(d)(3).
    There is sufficient information on the record to establish that 
SeAH had no entries, exports or sales of subject merchandise during the 
period of review. Specifically, SeAH submitted a letter asserting that 
neither the company nor its affiliates had any entries, exports or 
sales of subject merchandise during the POR. Moreover, after receiving 
SeAH's letter, the Department conducted an independent review of CBP 
data and confirmed that SeAH had no entries of subject merchandise 
during the POR. As noted in the preliminary rescission notice, ``the 
Department also examined the online CBP listing of entries suspended 
under the order and found no SeAH entries during the POR.'' See 
Rescission Notice at 25059. Finally, after being notified of our 
findings, CBP has not provided the Department with any information 
indicating that SeAH had any entries of subject merchandise during the 
POR.
    The Department has determined that SeAH's certification and the 
Department's inquiry, as structured, are sufficient evidence on the 
record to establish the lack of entries, exports or sales for SeAH 
during the period of review. In reaching this conclusion, we note that 
the CIT has stated that it will defer to the Department's ``sensibility 
as to the depth of the inquiry needed'' in such matters. See Allegheny 
Ludlum Corp. v. United States, 276 F.Supp.2d 1344, 1356, (2003).
    Therefore, because we received no information from CBP that SeAH 
has entries of subject merchandise during the POR, found no evidence of 
such entries in a review of import data and there is no evidence on the 
record to suggest otherwise, we affirm our determination to rescind the 
administrative review for the period August 1, 2002 through July 31, 
2003, with respect to SeAH and will issue appropriate assessment 
instructions to CBP.

Administrative Protective Orders

    This notice serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
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 sanctionable 
violation. This determination is issued in accordance with 19 CFR 
351.213(d)(4) and section 777(i)(1) of the Tariff Act of 1930, as 
amended.

James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-14123 Filed 6-21-04; 8:45 am]
BILLING CODE 3510-DS-P