[Federal Register Volume 69, Number 174 (Thursday, September 9, 2004)]
[Notices]
[Pages 54642-54643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20462]


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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

[A-580-844]


Steel Concrete Reinforcing Bars From the Republic of Korea: 
Notice of Final Results and Final Partial Rescission of Antidumping 
Duty Administrative Review

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

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

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SUMMARY: The Department of Commerce (the Department) is rescinding, in 
part, the second antidumping duty administrative review of steel 
concrete reinforcing bar (Rebar) from the Republic of Korea (Korea) 
because Dongkuk Steel Mill Co. Ltd. (DSM), INI Steel, Korea Iron and 
Steel Co. Ltd. (KISCO), and Kosteel Co., Ltd. (Kosteel) did not ship 
subject merchandise to the United States during the period of review. 
In addition, we continue to determine that the application of total 
adverse facts available (AFA) is warranted for Dongil Industries Co. 
Ltd. (Dongil) and Hanbo Iron & Steel Co. (Hanbo). The period of review 
(POR) is September 1, 2002, through August 31, 2003.

EFFECTIVE DATE: September 9, 2004.

FOR FURTHER INFORMATION CONTACT: Sam Zengotitabengoa or Mark Manning, 
Office 4, Office of AD/CVD Enforcement, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone 
(202) 482-4195 or (202) 482-5253, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The product covered by this administrative review is 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. The HTSUS subheadings are 
provided for convenience and customs purposes. The written description 
of the scope of this proceeding is dispositive.

Background

    On September 2, 2003, the Department published a notice of 
opportunity to request the second administrative review of this order. 
See Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review, 68 FR 
52181 (September 2, 2003). On September 30, 2003, in accordance with 19 
CFR 351.213(b), the petitioner requested an administrative review of 
the following six manufacturers/exporters of rebar from Korea: Dongil, 
DSM, Hanbo, INI Steel, KISCO, and Kosteel. On October 24, 2003, the 
Department published the notice of initiation of this administrative 
review, covering the POR. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 68 FR 60910 (October 24, 
2003). DSM, INI Steel, KISCO, and Kosteel notified the Department that 
they had no sales or shipments of subject merchandise in the United 
States during the POR. The Department obtained data from U.S. Customs 
and Border Protection (CBP) that supported their claims of no entries 
during the POR. On June 8, 2004, the Department published the notice of 
preliminary results, and preliminary rescission of DSM, INI Steel, 
KISCO, and Kosteel. See Steel Concrete Reinforcing Bar From The 
Republic of Korea: Notice of Preliminary Results and Preliminary 
Rescission, in Part, of Antidumping Duty Administrative Review, 69 FR 
31961 (June 8, 2004) (Preliminary Results). Because Dongil and Hanbo 
failed to respond to the Department's October 22, 2004, questionnaire 
and May 11, 2004, letter, the Department preliminarily found that the 
application of total AFA was warranted. (See Preliminary Results.) We 
provided all interested parties the opportunity to comment on our 
Preliminary Results. We received no comments.

Partial Rescission of Review

    As mentioned above, we received no comments from interested parties 
on our preliminary decision to partially rescind the review. Since the 
record evidence indicates that DSM, INI Steel, KISCO, and Kosteel did 
not have sales or shipments of subject merchandise during the POR, in 
accordance with 19 CFR 351.213(d)(3) and consistent with our practice, 
we are rescinding this review for DSM, INI Steel, KISCO, and Kosteel 
because they had no shipments. See e.g., Polychloroprene Rubber From 
Japan: Notice of Rescission of Antidumping Duty Administrative Review, 
66 FR 45005 (August 27, 2001).

[[Page 54643]]

Facts Available

    Because Dongil and Hanbo failed to respond to the Department's 
October 22, 2003, questionnaire and May 11, 2004, letter, the 
Department preliminarily found that the application of total AFA was 
warranted. We received no comments from interested parties regarding 
our preliminary application of total AFA. Therefore, for these final 
results, we are continuing to apply total AFA exactly as described in 
the Preliminary Results.

Final Results of Review

    As a result of our review, we continue to determine the following 
weighted-average dumping margins exist for the period September 1, 
2002, through August 31, 2003:

 
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                       margin
                                                            (percentage)
------------------------------------------------------------------------
Dongil Industries Co., Ltd................................        102.28
Hanbo Iron & Steel Co., Ltd...............................        102.28
------------------------------------------------------------------------

Cash Deposit Rates

    The following cash deposit requirements will be effective upon 
completion of the final results of this administrative review for all 
shipments of rebar from Korea entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results of 
this administrative review, as provided by section 751(a)(1) of the 
Tariff Act of 1930, as amended (the Act): (1) The cash deposit for 
Dongil and Hanbo will be the rate established in the final results of 
this review; (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 
less-than-fair-value (LFTV) investigation, but the manufacturer is, the 
cash deposit rate will be the rate established for the most recent 
period for the manufacturer of the subject merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 22.89 percent, the ``all others'' rate made effective by 
the LTFV investigation. See Notice of Final Determination of Sales at 
Less Than Fair Value: Steel Concrete Reinforcing Bars From the Republic 
of Korea, 66 FR 33526 (June 22, 2001). These required cash deposit 
rates shall remain in effect until publication of the final results of 
the next administrative review.

Duty Assessments

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries. According to 19 CFR 351.212(b)(1), 
the Department normally will calculate an assessment rate for each 
importer of subject merchandise covered by the review by dividing the 
dumping margin found on the subject merchandise examined by the entered 
value of such merchandise for normal customs duty purposes. In the 
instant review, for the respondents receiving dumping rates based upon 
AFA, the Department will instruct CBP to liquidate entries according to 
the AFA ad valorem rate. For any shipments by an exporter not 
identified in this review but entered under the cash deposit rates for 
DSM, INI Steel, KISCO, and Kosteel, the respondents for which this 
review is being rescinded, the Department will instruct CBP to assess 
antidumping duties on any such entries during the POR at the ``all 
others'' rate of 22.89 percent. The Department will issue appropriate 
appraisement instructions directly to CBP within fifteen days of 
publication of the final results of review.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 antidumping duties occurred and subsequent assessment 
of double antidumping duties.

Administrative Protective Duties

    This notice also 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/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.
    We are issuing this notice in accordance with sections 751(a)(1) 
and 777(I)(1) of the Act and 19 CFR 351.213(d).

    Dated: September 2, 2004.
James J. Jochum,
Assistant Secretary for Import Administration
[FR Doc. 04-20462 Filed 9-8-04; 8:45 am]
BILLING CODE 3510-DS-M