[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
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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