[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72827-72828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29533]


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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: Final Results of Full Sunset Reviews

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

SUMMARY: On July 27, 2012, the Department of Commerce (``the 
Department'') issued the preliminary results of the full 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'').\1\ We received comments from interested 
parties on our Preliminary Results. As a result of our analysis, the 
Department finds that revocation of these AD orders would likely lead 
to continuation or recurrence of dumping at margins of dumping 
specified in the ``Final Results of Reviews'' section of this notice.
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    \1\ Corrosion-Resistant Carbon Steel Flat Products From Germany 
and the Republic of Korea: Preliminary Results of Full Sunset 
Reviews, 77 FR 44213 (July 27, 2012) and accompanying Issues and 
Decision Memorandum (``Preliminary Results'').

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DATES: Effective Date: December 6, 2012.

FOR FURTHER INFORMATION CONTACT: James Terpstra, AD/CVD Operations, 
Office 8, Import Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-3965.

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 Tariff Act of 1930, as amended (``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\ Initiation of Five-Year (``Sunset'') Review, 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\ 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).
    \4\ 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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    On July 27, 2012, the Department published in the Preliminary 
Results of the full third sunset review of the AD order on CORE from 
Germany and Korea.\5\ We preliminarily found that dumping was likely to 
continue or recur.
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    \5\ Preliminary Results.
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    The Department invited interested parties to comment on the 
Preliminary Results. On September 17, 2012, we received case briefs 
from AMUSA and U.S. Steel. We did not receive a rebuttal brief. We did 
not conduct a hearing in either review because a hearing was not 
requested.
    As explained in the memorandum from the Assistant Secretary for 
Import Administration, the Department exercised its discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from October 29, through October 30, 2012. Thus, all deadlines in this 
segment of the proceeding have been extended by two days. The revised 
deadline for the final results of these reviews is now November 30, 
2012.\6\
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    \6\ See Memorandum to the Record from Paul Piquado, Assistant 
Secretary for Import Administration, regarding ``Tolling of 
Administrative Deadlines As a Result of the Government Closure 
During Hurricane Sandy,'' dated October 31, 2012.
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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

[[Page 72828]]

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-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.\7\ The Department also partially 
revoked the order with respect to certain wear plate products.\8\ 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.\9\
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    \7\ 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).
    \8\ 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).
    \9\ 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 this review are addressed in the Issues and 
Decision Memorandum for the Final Results of Full Third Sunset Reviews 
of the Antidumping Duty Orders on Corrosion-Resistant Carbon Steel Flat 
Products from Germany and the Republic of Korea (``Decision 
Memorandum'') from Gary Taverman, Senior Advisor for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting 
Assistant Secretary for Import Administration, dated concurrently with 
this final notice, which is hereby adopted by this notice. Parties can 
find a complete discussion of all issues raised in this full sunset 
review and the corresponding recommendation in this public memorandum 
which is on file electronically via Import Administration's Antidumping 
and Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, Room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Decision Memorandum can be accessed directly on the internet at 
http://www.trade.gov/ia/. The signed Decision Memorandum and the 
electronic versions of the Decision Memorandum are identical in 
content.

Final Results of Reviews

    We determine that revocation of these AD duty orders on CORE from 
Germany and Korea would be likely to lead to continuation or recurrence 
of dumping. Further, we determine that the magnitude of the margin 
likely to prevail are at least 9.35 percent for Thyssen Stahl AG and 
all other German producers of CORE and at least 12.85 percent for all 
Korean producers and exporters of CORE, other than POSCO.\10\
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    \10\ 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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Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing the final results of these reviews in 
accordance with sections 751(c), 752, and 777(i) of the Act.

    Dated: November 30, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-29533 Filed 12-5-12; 8:45 am]
BILLING CODE 3510-DS-P