[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Notices]
[Pages 17159-17160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8497]



[[Page 17159]]

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DEPARTMENT OF COMMERCE

Internatioinal Trade Administration

[A-580-816]


Certain Corrosion-Resistant Carbon Steel Flat Products from the 
Republic of Korea: Notice of Intent to Rescind Antidumping Duty 
Administrative Review, In Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 30, 2008, we published the notice of initiation 
of this antidumping duty administrative review with respect to Dongbu 
Steel Co., Ltd., Dongkuk Industries Co., Ltd. (Dongkuk), Haewon MSC 
Co., Ltd., Hyundai HYSCO, LG Chem, Ltd., Pohang Iron and Steel Co., 
Ltd/Pohang Coated Steel Co., Ltd., and Union Steel Manufacturing Co., 
Ltd, for the period August 1, 2007, through July 31, 2008. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 73 FR 56795 (September 30, 
2008) (Notice of Initiation). Dongkuk submitted a letter to the 
Department that it had no shipments of subject merchandise to the U.S. 
during the period of review (POR). See Letter from Dongkuk to the 
Secretary of Commerce dated October 20, 2008. The Department 
corroborated the claim of no shipments by Dongkuk. See memo from 
Christopher Hargett, International Trade Compliance Analyst, Office 3, 
through James Terpstra, Program Manager, Office 3, to Melissa Skinner, 
Office Director, Office 3, Import Administration, dated March 27, 2009 
(No Shipment Analysis). We have preliminarily determined that the 
review of Dongkuk should be rescinded. This review will remain in 
effect for all other companies initiated upon.

EFFECTIVE DATE: April 14, 2009.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett, 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.

SUPPLEMENTARY INFORMATION:

Background

    On September 30, 2008, we published the Notice of Initiation of 
this antidumping duty administrative review with respect to Dongkuk. On 
October 20, 2008, Dongkuk submitted a letter certifying that it had so 
sales of subject merchandise to the United States during the POR. The 
Department used entry data placed on the record for selection of 
respondents for individual review for the instant review to corroborate 
Dongkuk's claim. See memo from Joy Zhang, International Trade 
Compliance Analyst, through James Terpstra Program Manager, Office 3 
AD/CVD Operations, and Melissa Skinner, Office Director, Office 3, AD/
CVD Operations, to the File dated October 2, 2008 (CBP Data). On 
December 9, 2008, the Department requested the U.S. entry documents 
from U.S. Customs and Border Protection for clarification of several 
entries. See memo from Melissa Skinner, Office Director, Office 
Director, Office 3, AD/CVD Operations, to David M. Genovese, Director, 
AD/CVD/Revenue Policy & Programs, Office of International Trade, U.S. 
Customs and Border Protection, dated December 9, 2008 (Entry 
Documentation Request). On January 26, 2009, the Department received 
the requested entry documentation. See memo from Tom Futtner, Customs 
Unit, to Melissa Skinner, dated January 2, 2009 (Entry Documentation). 
On March 27, 2009, the Department determined that Dongkuk's claim of no 
shipments was corroborated using the entry documentation. See No 
Shipment Analysis.

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 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.
    The above HTSUS item numbers are provided for convenience and 
customs purposes. The written descriptions remain dispositive.

Intent to Rescind the 2007-2008 Administrative Review, in Part

    Dongkuk submitted a letter on October 20, 2008, certifying that it 
did not have sales of subject merchandise to the United States during 
the POR. The petitioners, United States Steel Corporation, Nucor 
Corporation, and Mittal Steel USA ISG, Inc. did not comment on 
Dongkuk's no-shipment claim.
    We conducted an internal customs data query on October 2, 2008, as 
part of the selection of respondents for individual review. See CBP 
Data. The data query showed several questionable entries, of which the 
Department requested entry documents. See Entry Documentation Request. 
The documentation showed that the questionable entries from the CBP 
data were not produced by Dongkuk. See Entry Documentation.
    Based on our analysis of the shipment data, Dongkuk is a non-
shipper for this review. See No Shipment Analysis.

[[Page 17160]]

Therefore, in accordance with 19 CFR 351.213(d)(3), and consistent with 
our practice, we preliminarily determine to rescind this review. See, 
e.g., Stainless Steel Bar from India; Preliminary Results of 
Antidumping Duty Administrative Review and New Shipper Review, and 
Partial Rescission of Administrative Review, 65 FR 12209 (March 8, 
2000); Persulfates From the People's Republic of China; Preliminary 
Results of Antidumping Duty Administrative Review and Partial 
Rescission of Administrative Review, 65 FR 18963 (April 10, 2000).

Public Comment

    An interested party may request a hearing within 30 days of 
publication of this preliminary notice. See 19 CFR 351.310(c). Any 
hearing, if requested, will be held 44 days after the date of 
publication of this preliminary notice, or the first working day 
thereafter. Interested parties may submit case briefs no later than 30 
days after the date of publication of this preliminary notice. See 19 
CFR 351.309(c)(ii). Rebuttal briefs, limited to issues raised in such 
briefs, may be filed no later than five days after the time limit for 
filing the case brief 19 CFR 351.309(d). Parties who submit arguments 
are requested to submit with the argument (1) a statement of the issue, 
(2) a brief summary of the argument, and (3) a table of authorities. 
Further, parties submitting written comments should provide the 
Department with an additional copy of the public version of any such 
comments on diskette. The Department will issue the final notice, which 
will include the results of its analysis of issues raised in any such 
comments, or at a hearing, if requested, within 120 days of publication 
of this preliminary notice.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4).

    Dated: April 8, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-8497 Filed 4-13-09; 8:45 am]
BILLING CODE 3510-DS-S