[Federal Register Volume 73, Number 121 (Monday, June 23, 2008)]
[Notices]
[Pages 35366-35368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14129]


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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 Antidumping Duty New 
Shipper Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On January 23, 2008, the Department of Commerce (the 
Department) published the preliminary results of the new shipper review 
of the antidumping duty order on certain corrosion-resistant carbon 
steel products (CORE) from the Republic of Korea (Korea). This review 
covers Haewon MSC Co. Ltd. (Haewon). Based on our analysis of comments 
received\1\ concerning our preliminary results, we have made certain 
changes to these final results in the section listed as Changes Since 
the Preliminary Results. The final results are listed in the section 
Final Results of Review below.
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    \1\ Case briefs and rebuttal briefs were submitted by the 
following domestic interested parties and respondent: On February 
22, 2008, United States Steel Corporation (US Steel), and Nucor 
Corporation (Nucor) (collectively, the petitioners) filed case 
briefs (respectively, US Steel's Case Brief, and Nucor's Case 
Brief). On February 29, 2008, US Steel, and Nucor filed rebuttal 
briefs (respectively, US Steel's Rebuttal Brief, and Nucor's 
Rebuttal Brief). On February 22, 2008, Haewon MSC Co. Ltd. (Haewon) 
filed a case brief (Haewon's Case Brief). On February 29, 2008, 
respondent filed a rebuttal brief (Haewon's Rebuttal Brief).

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EFFECTIVE DATE: June 23, 2008.

FOR FURTHER INFORMATION CONTACT:
Victoria Cho or George McMahon, 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 at (202) 482-5075, or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 35367]]

Background

    On January 23, 2008, the Department published the preliminary 
results of the new shipper review of the antidumping duty order on CORE 
from Korea. See Certain Corrosion-Resistant Carbon Steel Flat Products 
from the Republic of Korea: Notice of Preliminary Results of 
Antidumping Duty New Shipper Review, 73 FR 3925 (January 23, 2008) 
(Preliminary Results).

Scope of the Order

    This order covers 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 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, 7210.49.0091, 7210.49.0095, 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, 
and 7217.90.5090. Included in the order are flat-rolled products of 
non-rectangular cross-section where such cross-section is achieved 
subsequent to the rolling process including products which have been 
beveled or rounded at the edges (i.e., products which have been 
``worked after rolling''). 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%-60%-20% ratio.
    These HTSUS item numbers are provided for convenience and customs 
purposes. The written descriptions remain dispositive.

Bona Fide Analysis

    In the Preliminary Results, we found that Haewon's reported U.S. 
sale was a bona fide sale, as required by 19 CFR 351.214(b)(2)(iv)(c) 
based on the totality of facts on the record. See Memorandum from 
George McMahon and Victoria Cho, Case Analysts, to Melissa Skinner, 
Office Director, in the file entitled, ``Corrosion-Resistant Carbon 
Steel Flat Products from Korea: Antidumping New Shipper Review of 
Haewon MSC Co., Ltd.: Bona Fide Analysis Memorandum,'' (Bona Fide 
Memo), dated January 15, 2008, on file in the Central Records Unit for 
Import Administration (CRU), room 1117, of the main Department of 
Commerce building. For the Final Results, we continue to find that 
Haewon's sale was a bona fide commercial transaction. See Haewon's 
Final Results Calculation Memo.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the April 14, 2008, ``Issues and Decisions 
for the Final Results of the New Shipper Review of the Antidumping Duty 
Order on Certain Corrosion-Resistant Carbon Steel Flat Products from 
the Republic of Korea'' (Decision Memorandum), which is hereby adopted 
by this notice. Attached to this notice as an appendix is a list of the 
issues which parties have raised and to which we have responded in the 
Decision Memorandum. Parties can find a complete discussion of all 
issues raised in this review and the corresponding recommendations in 
this public memorandum, which is on file in the CRU. In addition, a 
complete version of the Decision Memorandum can be accessed directly on 
the Web at http://www.ia.ita.doc.gov/frn. 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 have made 
changes in the calculations for the final dumping margin. The 
Department has reconsidered its position from the preliminary results 
with respect to Haewon's toll produced CORE that was preliminarily 
excluded from the company's home market sales database. The facts in 
this case indicate that in the back-to-back transactions, Haewon 
purchased cold-rolled coil from Company A\2\, galvanized the coil into 
CORE, and then sold the CORE back to Company A. In both transactions, 
title passed, first from Company A to Haewon for the cold-rolled coil, 
and then from Haewon to Company A for the CORE. Based upon these facts, 
we determine that Haewon transferred ownership in the CORE to Company A 
for consideration. Accordingly, we find that these sales constitute 
sales of foreign like product that should be included in Haewon's home 
market database and included in the dumping margin calculation for 
these final results.
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    \2\ Due to the proprietary nature of this discussion, see the 
accompanying Issues and Decision Memorandum at Comment 7 and the 
Final Results Calculation Memorandum.
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    In addition, we have revised Haewon's SG&A calculation for these 
final results to include certain expenses. Due to the proprietary 
nature of this issue, see Comment 9 of the accompanying Issues and 
Decision Memorandum and the ``Final Results Calculation Memorandum.'' 
For purposes of these final results, we disregarded below cost sales of 
a given product and used the remaining sales as the basis for 
determining NV, in accordance with section 773(b)(1) of the Act. 
Furthermore, we used constructed value (CV) when making comparisons for 
Haewon's normal value to export price. See sections 773(a)(4) and 
773(e)(2)(B)(ii) of the Act. For further details, see the ``Final 
Results Calculation Memorandum.''

Final Results of Review

    We find that the following dumping margin exists for the period 
August 1, 2006, through April 10, 2007:\3\
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    \3\ Note that the Department extended the POR until April 10, 
2007 in order to include HMSC's U.S. sale, which entered on this 
particular date. See Department's letter to Haewon, dated May 23, 
2007.

[[Page 35368]]



------------------------------------------------------------------------
                                                       Weighted-average
               Exporter/manufacturer:                 margin percentage:
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Haewon MSC Co. Ltd..................................        0.00 percent
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Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. For subject merchandise produced and exported by Haewon, we 
will instruct CBP to liquidate entries at the rate indicated above. The 
Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of these final results of 
this new shipper review.
    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). This 
clarification will apply to entries of subject merchandise during the 
period of review produced by the respondent for which it did not know 
its 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 Rates

    The following antidumping duty deposits will be required on all 
shipments of CORE from Korea entered, or withdrawn from warehouse, for 
consumption, effective on or after the publication date of this new 
shipper review, as provided by section 751(a)(2)(C) of the Tariff Act 
of 1930, as amended (the Act): (1) for subject merchandise produced and 
exported by Haewon, the cash deposit rate will be the rate listed above 
(except no cash deposit will be required if a company's weighted-
average margin is de minimis, i.e., less than 0.5 percent); (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 previous 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 merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 17.70 percent, the 
all others rate established in the LTFV investigation.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 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 antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing these results of review in accordance 
with sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: June 13, 2008.
David M. Spooner,
Assistant Secretaryfor Import Administration.

APPENDIX I

List of Comments in the Accompanying Issues and Decision Memorandum

Comment 1: Circumvention of the New Shipper Review
Comment 2: Arm's-Length Transaction Between Parties
Comment 3: Haewon's Future Sales
Comment 4: Quantity and Value of Haewon's Sale to the United States
Comment 5: Timely Filing of the New Shipper Review
Comment 6: COP/CV Data for an Inappropriate Period

COP Issues

Comment 7: Revision of Haewon's G&A and Interest Expense Ratios to 
Account for Tolling
Comment 8: Whether to Recalculate Interest Expenses
Comment 9: Revised SG&A Expenses from Verification
[FR Doc.E8-14129 Filed 6-20-08; 8:45 am]
BILLING CODE 3510-DS-S