[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15132-15134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5780]


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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 and Rescission of Administrative Review in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 23, 2007, 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. 
The period of review is February 1, 2006, through January 31, 2007. We 
gave interested parties an opportunity to comment on the preliminary 
results. Based on our analysis of the comments received and an 
examination of our calculations, we have made changes for the final 
results. The final weighted-average dumping margins are listed below in 
the ``Final Results of the Review'' section of this notice.

EFFECTIVE DATE: March 21, 2008.

FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
5287 and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 23, 2007, the Department published Certain Cut-to-
Length Carbon-Quality Steel Plate Products from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Intent to Rescind Administrative Review in Part, 72 FR 65701 (November 
23, 2007) (Preliminary Results), in the Federal Register. The 
administrative review covers three producers/exporters of the subject 
merchandise.
    We invited parties to comment on the Preliminary Results. On 
December 26, 2007, we received a case brief from Dongkuk Steel Mill 
Co., Ltd. (DSM), producer and importer of the subject merchandise. On 
January 3, 2008, we received a rebuttal brief from Nucor Corporation 
(Nucor), a domestic producer and interested party. No hearing was 
requested.
    We have conducted this review in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act).

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 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

[[Page 15133]]

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 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, and 7226.99.0000. The HTSUS subheadings are 
provided for convenience and customs purposes. The written description 
of the merchandise covered by the order is dispositive.

Rescission of Administrative Review in Part

    In the Preliminary Results, we explained that DSEC Co., Ltd., a 
subsidiary of Daewoo Shipbuilding & Marine Engineering (DSEC), reported 
that it had no shipments of subject merchandise subject to this review 
and that our review of information from U.S. Customs and Border 
Protection (CBP) supported DSEC's claim. Additionally, we stated that 
we would rescind the review with respect to DSEC if we continued to 
find that DSEC did not have any shipments of subject merchandise to the 
United States during the period of review. See Preliminary Results, 72 
FR at 65702. Because we have not received any information indicating 
that DSEC had any shipments of subject merchandise during the POR, we 
are rescinding the administrative review with respect to DSEC.

Use of Adverse Facts Available

    We determined in the Preliminary Results that, because TC Steel 
failed to provide any information to the Department within the meaning 
of section 776(a)(2) of the Act, we must rely entirely on facts 
available. We determined further that, because TC Steel failed to 
cooperate to the best of its ability, in accordance with 776(b) of the 
Act the use of an adverse inference is warranted. See Preliminary 
Results, 72 FR at 65702.
    Because we have not received any information since the Preliminary 
Results which affects our analysis of the use of facts available for TC 
Steel, we continue to assign the highest product-specific margin, 32.70 
percent, which we have calculated in this review based on the data 
reported by a respondent. As we stated in the Preliminary Results, we 
selected this rate because we have never reviewed TC Steel in a prior 
segment of this proceeding and we do not have any additional 
information about this company. Moreover, this rate is sufficiently 
high as to reasonably assure that TC Steel does not obtain a more 
favorable result by failing to cooperate. Finally, given that this 
information was reported to the Department in the instant segment of 
the proceeding, there is no basis to doubt this information's 
reliability and relevance as applied in this segment to TC Steel. See 
generally the SAA at 870 (discussing the need to corroborate 
information used as facts available when that information was reported 
to the Department in a prior segment of an AD/CVD proceeding).

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs are addressed in 
the ``Issues and Decision Memorandum'' (Decision Memorandum) from 
Stephen J. Claeys, Deputy Assistant Secretary, to David M. Spooner, 
Assistant Secretary, dated March 14, 2008, which is hereby adopted by 
this notice. A list of the issues which parties have raised and to 
which we have responded is in the Decision Memorandum and attached to 
this notice as an Appendix. The Decision Memorandum, which is a public 
document, is on file in the Central Records Unit, main Department 
building, Room 1117 and accessible on the Web at http://ia.ita.doc.gov/frn/index. html. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we revised the 
product-comparison section of the margin-calculation program for DSM. 
This revision is discussed in the Decision Memorandum at Comment 1. We 
also corrected a ministerial error involving the currency conversion 
for inventory carrying costs. Specifically, we converted the variable 
used for this cost from Korean won to U.S. dollars, but in the 
Preliminary Results we neglected to use the converted variable in our 
calculations. The correction of this ministerial error had no impact on 
the dumping margin. See the Final Analysis Memorandum for DSM dated 
March 14, 2008, for more detailed information on these changes.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average dumping margins exist for the period February 1, 2006, 
through January 31, 2007:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd.................................        1.97
TC Steel....................................................       32.70
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of these final results, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), for DSM, we 
calculated an importer-specific assessment rate for these final results 
of review. We divided the total dumping margins for the reviewed sales 
by the

[[Page 15134]]

total entered value of those reviewed sales for the importer. We will 
instruct CBP to assess the importer-specific rate uniformly, as 
appropriate, on all entries of subject merchandise made by the relevant 
importer during the POR. See 19 CFR 351.212(b).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
of Antidumping Duties). This clarification will apply to entries of 
subject merchandise during the POR produced by DSM for which DSM did 
not know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries of DSM-
produced merchandise 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 Assessment of Antidumping Duties.
    Because we are relying on total adverse facts available to 
establish TC Steel's dumping margin, we will instruct CBP to apply a 
dumping margin of 32.70 percent to all entries of subject merchandise 
during the POR that were produced and/or exported by TC Steel.
    The Department will issue liquidation instructions to CBP 15 days 
after the publication of these final results of review.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of steel plate from Korea entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) the cash-deposit rates 
for the reviewed companies will be the rates 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 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 manufacturer is, the 
cash-deposit rate will be the rate established for the most recent 
period for the manufacturer of the merchandise; (4) if neither the 
exporter nor the manufacturer has its own rate, the cash-deposit rate 
will be 0.98 percent, the all-others rate established in the LTFV 
investigation,\1\ adjusted for the export-subsidy rate in the companion 
countervailing duty investigation.\2\ These deposit requirements shall 
remain in effect until further notice.
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    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Cut-To-Length Carbon-Quality Steel Plate Products 
from Korea, 64 FR 73196, 73214 (December 29, 1999).
    \2\ See Final Affirmative Countervailing Duty Determination: 
Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic 
of Korea, 64 FR 73176, 731818--86 (December 29, 1999), as amended in 
Notice of Amended Final Determinations: Certain Cut-to-Length 
Carbon-Quality Steel Plate From India and the Republic of Korea, 65 
FR 6587, 6588 (February 10, 2000).
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Notification

    This notice serves as a 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping 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 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 the terms of an APO is a sanctionable violation.
    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: March 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

List of Issues Addressed in the Issues and Decision Memorandum

Comment 1 Product Matching
Comment 2 Offsetting Positive Margins With Negative Margins
[FR Doc. E8-5780 Filed 3-20-08; 8:45 am]
BILLING CODE 3510-DS-S