[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Notices]
[Pages 13275-13277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05140]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-836]


Certain Cut-to-Length Carbon-Quality Steel Plate Products From 
the Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain cut-to-
length carbon-quality steel plate

[[Page 13276]]

products (CTL plate) from the Republic of Korea (Korea). The period of 
review (POR) is February 1, 2012, through January 31, 2013. The 
Department preliminarily determines that the producers/exporters 
subject to this review made sales of subject merchandise at less than 
normal value or had no shipments of subject merchandise.\1\ We invite 
interested parties to comment on these preliminary results.
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    \1\ The deadline for the preliminary results of this review was 
March 3, 2014. Due to the closure of the Federal Government in 
Washington, DC on March 3, 2014, the Department reached this 
determination on the next business day (i.e., March 4, 2014). See 
Notice of Clarification: Application of ``Next Business Day'' Rule 
for Administrative Determination Deadlines Pursuant to the Tariff 
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).

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DATES: Effective Date: March 10, 2014.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
5760.

Scope of the Order

    The products covered by the antidumping duty order are certain CTL 
plate. Imports of CTL plate are currently classified in the Harmonized 
Tariff Schedule of the United States (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. While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description is dispositive. A full 
description of the scope of the order is contained in the Preliminary 
Decision Memorandum.\2\
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    \2\ See the memorandum from Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Preliminary 
Decision Memorandum for the Administrative Review of the Antidumping 
Duty Order on Certain Cut-to-Length Carbon-Quality Steel Plate 
Products from the Republic of Korea'' dated concurrently with this 
notice (Preliminary Decision Memorandum), which is hereby adopted by 
this notice.
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Preliminary Determination of No Reviewable Entries

    We received timely submissions of letters from Daewoo International 
Corp. (Daewoo), Dongbu Steel Co., Ltd. (Dongbu), GS Global Corp. (GS 
Global), Hyosung Corporation (Hyosung), and Hyundai Steel Co. (Hyundai 
Steel) reporting to the Department that they had no exports, sales or 
entries of subject merchandise to the United States during the POR.\3\ 
Based on record evidence, we preliminarily determine that Daewoo, 
Dongbu, GS Global, Hyosung, and Hyundai Steel had no reviewable entries 
during the POR. For additional information on our preliminary 
determination of no reviewable entries, see the Preliminary Decision 
Memorandum.
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    \3\ See the letters from Daewoo, Dongbu, GS Global, Hyosung, and 
Hyundai Steel dated May 10, 2013, April 10, 2013, May 15, 2013, May 
23, 2013, and May 15, 2013, respectively.
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Methodology

    We selected one company for individual examination in this 
administrative review, Dongkuk Steel Mill Co., Ltd. (DSM). The 
Department conducted this review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act). Constructed export price is 
calculated in accordance with section 772 of the Act. Normal value is 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public via Enforcement and Compliance's Antidumping and Countervailing 
Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at https://iaaccess.trade.gov, and is 
available to all parties in the Department's Central Records Unit, 
located at room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the respondents 
for the period February 1, 2012, through January 31, 2013. The rate for 
the companies not selected for individual examination is equal to the 
weighted-average dumping margin for the selected respondent, DSM.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/exporter                       dumping
                                                              margin
                                                             (percent)
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Dongkuk Steel Mill Co., Ltd.............................            4.64
Edgen Murray Corporation................................            4.64
Kyoungil Co., Ltd.......................................            4.64
Samsung C&T Corp........................................            4.64
Samwoo EMC Co., Ltd.....................................            4.64
TCC Steel Corp..........................................            4.64
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Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\4\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue, (2) a brief summary of the argument, and (3) a table of 
authorities.\5\
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    \4\ See 19 CFR 351.309(d).
    \5\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via IA ACCESS. An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, IA ACCESS, by 5:00 p.m. Eastern 
Time within 30 days after the date of publication of this notice.\6\ 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. The Department will issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.
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    \6\ See 19 CFR 351.310(c).
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Assessment Rates

    If DSM's weighted-average dumping margin continues to be above de 
minimis in the final results of this review, we will calculate an 
importer-specific assessment rate on the basis of the ratio of the 
total amount of antidumping duties calculated for the importer's 
examined sales and the total entered value of the sales in accordance

[[Page 13277]]

with 19 CFR 351.212(b)(1).\7\ If DSM's weighted-average dumping margin 
is zero or de minimis in the final results of review, we will instruct 
U.S. Customs and Border Protection (CBP) not to assess duties on any of 
its entries in accordance with the Final Modification for Reviews.\8\
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    \7\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \8\ See Final Modification for Reviews, 77 FR at 8102.
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by DSM, which is the company 
selected for individual examination in this review, 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).
    In the final results of this review, if we continue to find that 
Daewoo, Dongbu, GS Global, Hyosung, and Hyundai Steel had no reviewable 
transactions of subject merchandise, we will instruct CBP to liquidate 
any existing entries of merchandise produced by these companies but 
exported by other companies at the all-others rate.\9\
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    \9\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual 
examination, Edgen Murray Corporation, Kyoungil Co., Ltd., Samsung C&T 
Corp., Samwoo EMC Co., Ltd., and TCC Steel Corp., we will instruct CBP 
to apply the rates listed above to all entries of subject merchandise 
produced and/or exported by those firms.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the 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) of the Act: (1) The cash deposit rate for 
companies subject to this review will be the rate established in the 
final results of this administrative review; (2) for merchandise 
exported by manufacturers or exporters not covered in this review but 
covered in a prior segment of the proceeding, 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 original 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) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 0.98 percent,\10\ 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 cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \10\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate 
Products From the Republic of Korea: Final Results of Antidumping 
Duty Administrative Review; 2011-2012, 78 FR 29113, 29114 (May 17, 
2013).
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Notification to Importers

    This notice serves as a preliminary 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

A. Summary
B. Background
C. Scope of the Order
D. Preliminary Determination of No Reviewable Entries
E. Rates for Respondents Not Selected for Individual Examination
F. Comparisons to Normal Value
G. Determination of Comparison Method
H. Results of the Differential Pricing Analysis
I. Product Comparisons
J. Date of Sale
K. Level of Trade/CEP Offset
L. Constructed Export Price
M. Normal Value
    1. Overrun Sales
    2. Selection of Comparison Market
    3. Affiliated Parties
    4. Affiliated Party Transactions and Arm's-Length Test
    5. Cost of Production
    6. Calculation of Normal Value Based on Comparison Market Prices
N. Currency Conversion
O. Recommendation

[FR Doc. 2014-05140 Filed 3-7-14; 8:45 am]
BILLING CODE 3510-DS-P