[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Notices]
[Pages 13080-13082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3621]


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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 of Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 7, 2005, 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. 
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, 70 FR 67428 (November 7, 2005) 
(``Preliminary Results''). This review covers one producer/exporter of 
steel plate. The period of review (POR) is February 1, 2004, through 
January 31, 2005. Based on our analysis of the comments received, we 
have made changes to the margin calculation. Therefore, these final 
results differ from the Preliminary Results. The final weighted-average 
dumping margin for the reviewed firm is listed below in the section 
entitled ``Final Results of Review.''

EFFECTIVE DATE: March 14, 2006.

FOR FURTHER INFORMATION CONTACT: Malcolm Burke or Magd Zalok, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
3584 or (202) 482-4162, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 13081]]

Background

    On November 7, 2005, the Department published the Preliminary 
Results in the Federal Register and invited interested parties to 
comment on those results. On December 7, 2005, the Department received 
a case brief, and a request for a hearing, from the sole respondent, 
Dongkuk Steel Mill Co., Ltd. (``DSM''). The Department did not receive 
either a case or rebuttal brief from the petitioners, or other 
interested parties. DSM withdrew its request for a hearing on December 
14, 2005.

Scope of the Order

    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 1250 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. Imports of steel plate are currently 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. The HTSUS subheadings are provided for 
convenience and CBP purposes. The written description of the 
merchandise covered by the order is dispositive.

Analysis of Comments Received

    The issues raised in the case brief are addressed in the Issues and 
Decision Memorandum to David M. Spooner, Assistant Secretary for Import 
Administration, from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration, dated concurrently herewith (the ``Decision 
Memorandum''), which is adopted herein, by reference. Attached, as an 
appendix to this notice, is a list of the comments the Department 
received from interested parties, all of which are discussed in the 
Decision Memorandum. The Decision Memorandum is on file in the Central 
Record Unit, Room B-099 of the Herbert C. Hoover Building, and may be 
accessed on the Web at http://ia.ita.doc.gov.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, the Department has 
revised the calculation of net U.S. price to properly account for 
credit notes issued to compensate customers for merchandise lost in 
transit. This revision is further discussed in the Decision Memorandum.

Final Results of Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists for the period February 1, 2004, 
through January 31, 2005:

------------------------------------------------------------------------
           Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd...............  0.18 (de minimis)
------------------------------------------------------------------------

Assessment

    The Department has determined, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to 19 CFR Sec.  351.212(b). The 
Department calculated an importer-specific duty assessment rate on the 
basis of the ratio of the total amount of antidumping duties calculated 
for the examined sales to the total entered value of the examined 
sales. Where the importer-specific assessment rate is above de minimis, 
the Department will instruct CBP to assess the importer-specific rate 
uniformly on the entered value of all entries of subject merchandise by 
that importer. The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of the final 
results of review.

Cash Deposits

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise 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''). In the 
instant matter: (1) since the dumping margin for DSM is de minimis 
(less than 0.50 percent), no cash deposit will be required for DSM; (2) 
for previously investigated or reviewed 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

[[Page 13082]]

covered in this review, a prior review, or the 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 subject merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to 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 in the companion countervailing duty investigation. These cash 
deposit rates, when imposed, shall remain in effect until publication 
of the final results of the next administrative review. See section 
751(a)(2)(C) of the Act.

Notification to Parties

    This notice 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 concomitant 
assessment of double antidumping duties. This notice is also the only 
reminder to parties subject to the administrative protective order 
(``APO'') 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 the 
terms of an APO is a sanctionable violation.
    The Department is publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 7, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

Comments and Responses

1: Treatment of Sales with Negative Dumping Margins
2: Error Related to the Calculation of Net U.S. Price

[FR Doc. E6-3621 Filed 3-13-06; 8:45 am]
BILLING CODE 3510-DS-S