[Federal Register Volume 73, Number 52 (Monday, March 17, 2008)]
[Notices]
[Pages 14220-14222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5298]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-816]


Certain Corrosion-Resistant Carbon Steel Flat Products from the 
Republic of Korea: Notice of Final Results of the Thirteenth 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 10, 2007, the Department of Commerce (the 
Department) published the preliminary results of the antidumping duty 
administrative review for certain corrosion-resistant carbon steel flat 
products (CORE) from the Republic of Korea (Korea). See Certain 
Corrosion-Resistant Carbon Steel Flat Products from the Republic of 
Korea: Notice of Preliminary Results and Partial Rescission of 
Antidumping Duty Administrative Review, 72 FR 51584 (September 10, 
2007) (Preliminary Results). This review covers three\1\ manufacturers/
exporters of the subject merchandise: Dongbu Steel Co., Ltd. (Dongbu); 
Hyundai HYSCO (HYSCO); and Union Steel Manufacturing Co., Ltd. (Union) 
(collectively, respondents). The period of review (POR) is August 1, 
2005, through July 31, 2006.
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    \1\ Pohang Iron & Steel Company, Ltd. (POSCO) and Pohang Coated 
Steel Co., Ltd. (POCOS) (collectively, the POSCO Group) were 
originally included as a respondent in the instant review; however, 
the Department rescinded this review with respect to the POSCO 
Group. See Certain Corrosion-Resistant Carbon Steel Flat Products 
from the Republic of Korea: Partial Rescission of Antidumping Duty 
Administrative, 72 FR 58286 (October 15, 2007) (POSCO Rescission).
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    As a result of our analysis of the comments received, these final 
results differ from the Preliminary Results. For our final results, we 
have found that during the POR, HYSCO, Dongbu and Union sold subject 
merchandise at less than normal value (NV).

EFFECTIVE DATE: March 17, 2008.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett (HYSCO), Cindy 
Robinson (Dongbu), Victoria Cho (the POSCO Group), and Jolanta Lawska 
(Union), AD/CVD Operations, Office 3, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-4161, (202) 482-3797, (202) 482-5075, and (202) 482-8362, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 10, 2007, the Department published the Preliminary 
Results. On October 26, 2007, the Department published the notice of 
extension of final results of the antidumping administrative review of 
CORE from Korea, extending the date for these final results to March 
10, 2008. See Corrosion-Resistant Carbon Steel Flat Products From 
Korea: Extension of Time Limits for the Final Results of Antidumping 
Duty Administrative Review, 72 FR 60799 (October 26, 2007).

Comments from Interested Parties

    We invited parties to comment on our Preliminary Results. On 
January 22, 2008, ArcelorMittal Steel Inc. (Mittal), United States 
Steel Corporation (US Steel), and Nucor Corporation (Nucor) filed case 
briefs concerning all of the respondents and each of the respondents 
filed a case brief. On January 28, 2008, Mittal, US Steel, and Nucor 
each filed a rebuttal brief concerning all of the respondents. On 
January 28, 2008, each of the respondents filed a rebuttal brief.

Scope of the Order

    This order covers cold-rolled (cold-reduced) carbon steel flat-
rolled carbon steel products, of rectangular shape, either clad, 
plated, or coated with corrosion-resistant metals such as zinc, 
aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, whether or 
not corrugated or painted, varnished or

[[Page 14221]]

coated with plastics or other nonmetallic substances in addition to the 
metallic coating, in coils (whether or not in successively superimposed 
layers) and of a width of 0.5 inch or greater, or in straight lengths 
which, if of a thickness less than 4.75 millimeters, are of a width of 
0.5 inch or greater and which measures at least 10 times the thickness 
or if of a thickness of 4.75 millimeters or more are of a width which 
exceeds 150 millimeters and measures at least twice the thickness, as 
currently classifiable in the Harmonized Tariff Schedule of the United 
States (HTSUS) under item numbers 7210.30.0030, 7210.30.0060, 
7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.61.0000, 7210.69.0000, 
7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 
7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 
7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7212.60.0000, 
7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 
7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090. 
Included in this order are corrosion-resistant flat-rolled products of 
non-rectangular cross-section where such 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. Excluded from this order are flat-
rolled steel products either plated or coated with tin, lead, chromium, 
chromium oxides, both tin and lead (terne plate), or both chromium and 
chromium oxides (tin-free steel), whether or not painted, varnished or 
coated with plastics or other nonmetallic substances in addition to the 
metallic coating. Also excluded from this order are clad products in 
straight lengths of 0.1875 inch or more in composite thickness and of a 
width which exceeds 150 millimeters and measures at least twice the 
thickness. Also excluded from this order are certain clad stainless 
flat-rolled products, which are three-layered corrosion-resistant 
carbon steel flat-rolled products less than 4.75 millimeters in 
composite thickness that consist of a carbon steel flat-rolled product 
clad on both sides with stainless steel in a 20[percnt]-60[percnt]-
20[percnt] ratio.
    These HTSUS item numbers are provided for convenience and customs 
purposes. The written descriptions remain dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the accompanying Issues and 
Decision Memorandum, which is hereby adopted by this notice. A list of 
the issues which parties have raised, and to which we have responded in 
the Issues and Decision Memorandum, is attached to this notice as an 
Appendix. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at <http://ia.ita.doc.gov/frn>. The paper copy and electronic version of the 
Issues and Decision Memorandum are identical in content.

Final Results of Review:

    We determine that the following weighted-average margins exist:

------------------------------------------------------------------------
                                                            Weighted-
                 Producer/Manufacturer                    Average Margin
------------------------------------------------------------------------
Dongbu.................................................   4.96[percnt]
Union..................................................   4.35[percnt]
HYSCO..................................................   0.53[percnt]
------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to 19 CFR 351.212(b). The Department calculated 
importer-specific duty assessment rates on the basis of the ratio of 
the total antidumping duties calculated for the examined sales to the 
total entered value of the examined sales for that importer. Where the 
assessment rate is above de minimis, we will instruct CBP to assess 
duties on all entries of subject merchandise by that importer. The 
Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of these final results of 
review. The Department clarified its ``automatic assessment''' 
regulation on May 6, 2003 (68 FR 23954). This clarification applies to 
POR entries of subject merchandise produced by companies examined in 
this review (i.e., companies for which a dumping margin was calculated) 
where the companies did not know that their merchandise was destined 
for the United States. In such instances, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate if there is no rate 
for the intermediate company(ies) involved in the transaction. For a 
full discussion of this clarification, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of CORE from Korea entered, or withdrawn from warehouse, for 
consumption on or after the publication date of these final results, as 
provided by section 751(a) of the Tariff Act of 1930, as amended (the 
Act): (1) for companies covered by this review, the cash deposit rate 
will be the rate listed above; (2) for previously reviewed or 
investigated companies other than those covered by this review, the 
cash deposit rate will be the company-specific rate established for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the less-than-fair-value investigation, but 
the producer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the subject merchandise; 
and (4) if neither the exporter nor the producer is a firm covered in 
this review, a prior review, or the investigation, the cash deposit 
rate will be 17.70 percent, the all-others rate established in the 
less-than-fair-value investigation. These deposit requirements shall 
remain in effect until further notice.

Reimbursement of Duties

    This notice also 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 and/or countervailing duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent increase in antidumping duties by the amount of 
antidumping and/or countervailing duties reimbursed.

Administrative Protective Order

    This notice also is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 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.
    We are issuing and publishing these results and notice in 
accordance with

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sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 10, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Accompanying Issues and Decision Memorandum

A. General Issues

    Comment 1: Treatment of Sales with Negative Dumping Margins 
(Zeroing)
    Comment 2: Model-Match Methodology and Laminated Products

B. Company-Specific Issues

Dongbu Steel Co., Ltd.
    Comment 3: CEP Offset
    Comment 4: Home Market Rebates
    Comment 5: Scrap Offset
Union Steel Manufacturing Co., Ltd.
    Comment 6: CEP Offset
    Comment 7: Indirect Selling Expense
    Comment 8: U.S. Warranty Expenses
    Comment 9: Treatment of Certain Home Market Sales as Non-Prime 
Merchandise
    Comment 10: Treatment of E-Business Sales in the Home Market as 
Overruns
Hyundai HYSCO
    Comment 11: Non-Prime Merchandise in the Calculation of Normal 
Value
    Comment 12: CEP Selling Expenses Incurred in Korea
    Comment 13: POR Window Period
    Comment 14: Short-Term Interest Rate
    Comment 15: HHU CEP Selling Expenses
    Comment 16: Sales to Affiliates in the CEP Profit Calculation
    Comment 17: Inclusion of Scrap Revenue in the Cost of Goods Sold
[FR Doc. E8-5298 Filed 3-14-08; 8:45 am]
BILLING CODE 3510-DR-S