[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10207-10210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4711]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate 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 September 24, 2009, the Department of Commerce published
the
[[Page 10208]]
preliminary results of the administrative review of the antidumping
duty order on certain cut-to-length carbon-quality steel plate from the
Republic of Korea and the intent to rescind the administrative review
in part. The review covers three manufacturers/exporters. The period of
review is February 1, 2008, through January 31, 2009. We have rescinded
the review with respect to one company and we have made no changes for
the final results of review. The final margins are listed below in the
``Final Results of the Review'' section of this notice.
DATES: Effective Date: March 5, 2010.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Richard Rimlinger,
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-
5760 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 24, 2009, 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 (CTL plate) from the Republic of Korea (Korea) and intent to
rescind the administrative review in part. See Certain Cut-to-Length
Carbon-Quality Steel Plate From the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review and Intent To Rescind
Administrative Review in Part, 74 FR 48716 (September 24, 2009), as
corrected in Certain Cut-to-Length Carbon-Quality Steel Plate from the
Republic of Korea: Correction to the Preliminary Results of Antidumping
Duty Administrative Review and Intent to Rescind Administrative Review
in Part, 74 FR 51834 (October 8, 2009) (collectively Preliminary
Results).
We invited interested parties to comment on the Preliminary
Results. On October 26, 2009, we received a case brief from Hyosung
Corporation (Hyosung). On November 2, 2009, we received a rebuttal
brief from Nucor Corporation (Nucor). Because Hyosung's case brief
contained untimely filed new factual information and Nucor's rebuttal
brief cited the untimely filed new factual information Hyosung included
in its case brief, we rejected and returned Hyosung's case brief and
Nucor's rebuttal brief on January 6, 2010, and requested that Hyosung
and Nucor resubmit their case and rebuttal briefs by January 13, 2010,
and January 19, 2010, respectively.
On January 8, 2010, Hyosung submitted its revised case brief. In
its January 8, 2010, case brief, Hyosung removed most of the new
factual information we had rejected but the brief still contained new
factual information. On January 19, 2010, Nucor submitted its revised
rebuttal brief. In its revised rebuttal brief, Nucor identified several
of Hyosung's statements in the revised case brief as new factual
information and requested that the Department reject Hyosung's case
brief.
On January 26, 2010, we rejected and returned the revised case and
rebuttal briefs for Hyosung and Nucor, respectively, because the case
brief contained the new factual information and the rebuttal brief
addressed the new factual information. We allowed Hyosung and Nucor to
resubmit their revised case and rebuttal briefs which did not include
the new factual information by the close of business on January 28,
2010. Hyosung and Nucor resubmitted their revised case and rebuttal
briefs, respectively, within the specified due date omitting the new
factual information we identified in our January 26, 2010, rejection
letters. These resubmitted briefs are the final case and rebuttal
briefs Hyosung and Nucor submitted respectively for this administrative
review. No other parties submitted either a case brief or a rebuttal
brief.
On January 14, 2010, we extended the due date for the final results
of this administrative review to February 22, 2010. See Certain Cut-to-
Length Carbon-Quality Steel Plate from the Republic of Korea: Extension
of the Final Results of Antidumping Duty Administrative Review, 75 FR
2107 (January 14, 2010). As explained in the memorandum from the Deputy
Assistant Secretary for Import Administration, we have exercised our
discretion to toll deadlines for the duration of the closure of the
Federal Government from February 5 through February 12, 2010. Thus, all
deadlines in this segment of the proceeding have been extended by seven
days. The revised deadline for the final results of this administrative
review is now March 1, 2010. See Memorandum to the Record from Ronald
Lorentzen, DAS for Import Administration, regarding ``Tolling of
Administrative Deadlines As a Result of the Government Closure During
the Recent Snowstorm,'' dated February 12, 2010.
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 products that meet the
noted physical characteristics that are painted, varnished, or coated
with plastic or other non-metallic substances are included within the
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
the 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
[[Page 10209]]
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 7208.40.30.30, 7208.40.30.60, 7208.51.00.30, 7208.51.00.45,
7208.51.00.60, 7208.52.00.00, 7208.53.00.00, 7208.90.00.00,
7210.70.30.00, 7210.90.90.00, 7211.13.00.00, 7211.14.00.30,
7211.14.00.45, 7211.90.00.00, 7212.40.10.00, 7212.40.50.00,
7212.50.00.00, 7225.40.30.50, 7225.40.70.00, 7225.50.60.00,
7225.99.00.90, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. The HTSUS subheadings are provided for convenience and
customs purposes. The written description of the merchandise covered by
the order is dispositive.
Rescission of Review in Part
In the Preliminary Results, we preliminarily found that the claim
by Daewoo International Corporation (Daewoo) that it made no shipments
of subject merchandise during the period of review was consistent with
import data provided by U.S. Customs and Border Protection (CBP) and we
stated our intent to rescind the administrative review with respect to
this company. See Preliminary Results, 74 FR at 48717. We have received
no comment concerning our intent to rescind. We continue to find that
Daewoo had no shipments of CTL plate from Korea for the final results
of this review and we are rescinding the review with respect to Daewoo.
Analysis of the Comments Received
All issues raised in Hyosung's case brief and Nucor's rebuttal
brief are addressed in the ``Issues and Decision Memorandum'' (Decision
Memo) from Acting Deputy Assistant Secretary Edward C. Yang to Acting
Deputy Assistant Secretary Carole A. Showers dated concurrently with
this notice, 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 Memo and attached to this notice as an Appendix. The
Decision Memo, which is a public document, is on file in the Central
Records Unit of the main Department of Commerce building, Room 1117,
and is accessible on the Web at http://ia.ita.doc.gov/frn/index.html.
The paper copy and electronic version of the Decision Memo are
identical in content.
Use of Adverse Facts Available
The Department found in the Preliminary Results that Hyosung,
Hyundai Mipo Dockyard Co., Ltd. (Hyundai Mipo), and JeongWoo Industrial
Machine Co., Ltd. (JeongWoo), failed to cooperate to the best of their
ability in responding to the Department's requests for information and
thereby impeded the Department's proceeding. See Preliminary Results,
74 FR at 48717. Therefore, in accordance with section 776(b) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.308(c), the
Department preliminarily selected 32.70 percent as the adverse facts-
available dumping margin. This rate is the rate we assigned as adverse
facts available to Tae Chang Steel Co., Ltd., which failed to submit
its response to our antidumping questionnaire in the administrative
review of this proceeding for the period February 1, 2006, through
January 31, 2007. See 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, 65702-03 (November 23, 2007), unchanged in
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, 73 FR 15132,
15133 (March 21, 2008).
The Department received comments regarding its preliminary
application of the adverse facts-available dumping margin to Hyosung.
The Department did not receive any comments regarding its preliminary
application of the adverse facts-available dumping margin to Hyundai
Mipo and JeongWoo. For the final results, the Department has not
altered its analysis or decision to apply the adverse facts-available
dumping margin to Hyosung, Hyundai Mipo, and JeongWoo. See the Decision
Memo for the issues parties raised and the Department's positions
concerning those issues.
Final Results of the Review
As a result of our review, we determine that the weighted-average
dumping margins for CTL plate from Korea for the period February 1,
2008, through January 31, 2009, are as follows:
------------------------------------------------------------------------
Margin
Company (percent)
------------------------------------------------------------------------
Hyosung...................................................... 32.70
Hyundai Mipo................................................. 32.70
JeongWoo..................................................... 32.70
------------------------------------------------------------------------
Assessment Rates
Pursuant to 19 CFR 351.212(b), the Department will determine, and
CBP shall assess, antidumping duties on all appropriate entries.
Because we are relying on total adverse facts available to establish
the dumping margins for Hyosung, Hyundai Mipo, and JeongWoo, we will
instruct CBP to apply a dumping margin of 32.70 percent to CTL plate
from Korea that was produced and/or exported by Hyosung, Hyundai Mipo,
and JeongWoo and entered, or withdrawn from warehouse, for consumption
during the period of review. We will issue appropriate assessment
instructions to CBP 15 days after publication of the 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 CTL 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 Hyosung, Hyundai Mipo, and JeongWoo will be 32.70 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 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,\1\ the all-
others rate established in the less-than-fair-value investigation,
adjusted for the export-subsidy rate in the companion countervailing
duty investigation. These deposit requirements shall remain in effect
until further notice.
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\1\ See Preliminary Results, 74 FR at 48719.
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Notification to Importer
This notice 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 duties prior to
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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.
Notification Regarding Administrative Protective Order
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 as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely
written notification of the 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 sanctionable violation.
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(5).
Dated: March 1, 2010.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.
Appendix
List of Issues in the Issues and Decision Memorandum
1. Acceptance of Untimely Response
2. Rescission of Review Based on the CBP Data
3. Alleged New Factual Information
[FR Doc. 2010-4711 Filed 3-4-10; 8:45 am]
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