[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Notices]
[Pages 44213-44214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18423]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-815 and A-580-816]


Corrosion-Resistant Carbon Steel Flat Products From Germany and 
the Republic of Korea: Preliminary Results of Full Sunset Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 3, 2012, the Department of Commerce (''the 
Department'') initiated the third sunset reviews of the antidumping 
duty (``AD'') orders on certain corrosion-resistant carbon steel flat 
products (``CORE'') from Germany and the Republic of Korea (``Korea'') 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). On April 20, 2012, the Department revised its original adequacy 
determination and determined to conduct full sunset reviews of the AD 
orders on CORE from Germany and Korea as provided for in section 
751(c)(5)(A) of the Act and in 19 CFR 351.218(e)(2), and extended the 
deadlines for the preliminary and final results.\1\ As a result of its 
analysis, the Department preliminarily finds that revocation of these 
AD orders would be likely to lead to continuation or recurrence of 
dumping at the margins indicated in the ``Preliminary Results of 
Review'' section of this notice.
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    \1\ See Memorandum to Barbara E. Tillman, Acting Deputy 
Assistant Secretary for Antidumping Duty and Countervailing Duty 
Operations, from Melissa G. Skinner, Director, Office 3, on ``Sunset 
Reviews of the Antidumping Duty Orders on Corrosion-Resistant Carbon 
Steel Flat Products from Germany and South Korea: Adequacy 
Redetermination Memorandum'' and Corrosion-Resistant Carbon Steel 
Flat Products From Germany and South Korea: Extension of Time Limits 
for Preliminary and Final Results of Third Antidumping Duty Sunset 
Reviews, 77 FR 25141 (April 27, 2012) (``CORE Extension Notice'').

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DATES: Effective Date: July 27, 2012.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or James Terpstra AD/
CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5973 or (202) 482-3965, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 3, 2012, the Department initiated the third sunset 
review of the AD orders on CORE from Germany and Korea pursuant to 
section 751(c) of the Act.\2\ The Department received notices of intent 
to participate from the following domestic interested parties: United 
States Steel Corporation (``U.S. Steel''); ArcelorMittal USA LLC 
(``AMUSA''); and Nucor Corporation (``Nucor''), within the deadline 
specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties 
claimed interested party status under section 771(9)(C) of the Act as 
U.S. producers of the subject merchandise. The Department received 
complete substantive responses from the domestic interested parties 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).
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    \2\ See Initiation of Five-year (``Sunset'') Reviews, 77 FR 85 
(January 3, 2012).
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    The Department did not receive a substantive response from any 
respondent in either of the sunset reviews of the AD orders on CORE 
from Germany and Korea. As a result, pursuant to 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department determined to conduct expedited 
reviews of these orders. However, on April 20, 2012, the Department 
revised its original adequacy determination and determined to conduct 
full sunset reviews.\3\ The conversion to full sunset reviews and 
extension of the deadlines for the preliminary results were done to 
provide interested parties with an opportunity to comment concerning 
the implementation of the Final Modification for Reviews.\4\
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    \3\ See Memorandum to Barbara E. Tillman, Acting Deputy 
Assistant Secretary for Antidumping Duty and Countervailing Duty 
Operations, from Melissa G. Skinner, Director, Office 3, on ``Sunset 
Reviews of the Antidumping Duty Orders on Corrosion-Resistant Carbon 
Steel Flat Products from Germany and South Korea: Adequacy 
Redetermination Memorandum'' and CORE Extension Notice.
    \4\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification for Reviews, 77 FR 8101 
(February 14, 2012) (``Final Modification for Reviews'').
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    The Department provided interested parties with an opportunity to 
comment on how the implementation of the Final Modification for Reviews 
applies to the sunset reviews of the AD orders on CORE from Germany and 
Korea. U.S. Steel, Nucor, and AMUSA submitted comments on June 8, 2012. 
ThyssenKrupp Steel Europe AG, a German producer and exporter, submitted 
comments on June 8, 2012. U.S. Steel, Nucor, and AMUSA submitted 
rebuttal comments on June 15, 2012.

Scope of the Orders

    The products subject to the orders include 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 
mm, 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 mm or more, are of 
a width which exceeds 150 mm 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, 
and 7217.90.5090.
    Included in the orders are flat-rolled products of nonrectangular 
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 the scope of the orders 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 the scope of the orders are 
clad products in straight lengths of 0.1875 inch or more in composite 
thickness and of a width which exceeds 150 mm and measures at least 
twice the thickness. Also excluded from the scope of the orders are 
certain clad stainless flat-rolled products, which are three-

[[Page 44214]]

layered corrosion-resistant carbon steel flat-rolled products less than 
4.75 mm 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.
    Further, the Department made three changed circumstances 
determination with respect to the order on Germany. The Department 
partially revoked the order with respect to deep-drawing carbon steel 
strip, roll-clad on both sides with aluminum (AlSi) foils in accordance 
with St3 LG as to EN 10139/10140.\5\ The Department also partially 
revoked the order with respect to certain wear plate products.\6\ In 
addition, the Department partially revoked the order with respect to 
the following products: Certain corrosion-resistant carbon steel from 
Germany, meeting the following description: electrolytically zinc 
coated flat steel products, with a coating mass between 35 and 72 grams 
per meter squared on each side; with a thickness range of 0.67 mm or 
more but not more than 2.95 mm and width 817 mm or more but not over 
1830 mm; having the following chemical composition (percent by weight): 
carbon not over 0.08, silicon not over 0.25, manganese not over 0.9, 
phosphorous not over 0.025, sulfur not over 0.012, chromium not over 
0.1, titanium not over 0.005 and niobium not over 0.05; with a minimum 
yield strength of 310 Mpa and a minimum tensile strength of 390 Mpa; 
additionally coated on one or both sides with an organic coating 
containing not less than 30 percent and not more than 60 percent zinc 
and free of hexavalent chrome.\7\
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    \5\ See Notice of Final Results of Changed Circumstances 
Antidumping Duty and Countervailing Duty Reviews and Revocation of 
Orders in Part: Certain Corrosion-Resistant Carbon Steel Flat 
Products From Germany, 64 FR 51292 (September 22, 1999).
    \6\ See Notice of Final Results of Antidumping Duty Changed 
Circumstances Reviews and Revocation of Orders In Part: Certain 
Corrosion-Resistant Carbon Steel Flat Products From Canada and 
Germany, 71 FR 14498 (March 22, 2006).
    \7\ See Notice of Final Results of Antidumping Duty Changed 
Circumstances Review and Revocation of Order In Part: Certain 
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR 
66163 (November 13, 2006).
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Analysis of Comments Received

    All issues raised in these reviews are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Susan Kuhbach, 
Director, Antidumping and Countervailing Duty Operations Office 1, to 
Paul Piquado, Assistant Secretary for Import Administration, dated 
concurrent with this notice of preliminary results, which is hereby 
adopted by this notice. The issues discussed in the Decision Memorandum 
include the likelihood of continuation or recurrence of dumping and the 
magnitude of the margin likely to prevail if the orders were revoked. 
In our analysis, the Department addresses the concerns raised by 
interested parties with regard to the Final Modification for Reviews. 
Parties can find a complete discussion of all issues raised in these 
sunset reviews and the corresponding recommendations in this public 
memorandum, which is on file electronically via Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``IA ACCESS''). Access to IA ACCESS is available in the Central 
Records Unit (``CRU''), Room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at http://ia.ita.doc.gov/frn, under 
the heading ``July 2012.'' The signed version and the electronic 
versions are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the magnitude of the 
margin likely to prevail were the antidumping duty orders on CORE from 
Germany and Korea to be revoked is at least 9.35 percent for Thyssen 
Stahl AG and all other German producers and exporters of CORE and at 
least 12.85 percent for all Korean producers and exporters of CORE, 
other than POSCO.\8\
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    \8\ The order was revoked with respect to Pohang Iron & Steel 
Co., Ltd. and Pohang Coated Steel Co., Ltd. (collectively, 
``POSCO''), who was the only respondent examined in the original 
antidumping investigation. See Certain Corrosion-Resistant Carbon 
Steel Flat Products From the Republic of Korea: Notice of Final 
Results of the 2009-2010 Administrative Review and Revocation, in 
Part, 77 FR 14501 (March 12, 2012).
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    Interested parties may submit case briefs no later than 50 days 
after the date of publication of the preliminary results of these full 
sunset reviews, in accordance with 19 CFR 351.309(c)(1)(i). Any 
interested party may request a hearing within 30 days of publication of 
this notice in accordance with 19 CFR 351.310(c). Rebuttal briefs, 
which must be limited to issues raised in the case briefs, may be filed 
not later than the five days after the time limit for filing case 
briefs in accordance with 19 CFR 351.309(d).
    A hearing, if requested, will be held two days after the date the 
rebuttal briefs are due. The Department will issue a notice of final 
results of these full sunset reviews, which will include the results of 
its analysis of issues raised in any such comments, no later than 
November 28, 2012.\9\
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    \9\ See CORE Extension Notice.
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    The Department is issuing and publishing the results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: July 23, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-18423 Filed 7-26-12; 8:45 am]
BILLING CODE 3510-DS-P