[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17503-17505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06995]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-816]


Corrosion-Resistant Carbon Steel Flat Products From the Republic 
of Korea: Final Results of Antidumping Duty Administrative Review; 
2011-2012

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on corrosion-resistant carbon 
steel flat products (CORE) from the Republic of Korea (Korea). The 
period of review (POR) is August 1, 2011, through February 14, 
2012,1 2 and covers Dongbu Steel Co., Ltd., (Dongbu), and 
Hyundai HYSCO (HYSCO), and five non-examined companies.\3\ We determine 
that Dongbu sold subject merchandise at less than normal value (NV) 
during the POR. We determine that HYSCO did not sell subject 
merchandise at less than NV during the POR.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 77 FR 
59168 (September 26, 2012).
    \2\ The period of review ends on February 14, 2012 because the 
antidumping duty order on CORE from Korea was revoked effective on 
this date. See Corrosion-Resistant Carbon Steel Flat Products from 
Germany and the Republic of Korea: Revocation of Antidumping and 
Countervailing Duty Orders, 78 FR 16832 (March 19, 2013) (CORE 
Revocation).
    \3\ The non-examined companies are: Dongkuk Industries Co., Ltd. 
(Dongkuk), Haewon MSC Co. Ltd. (Haewon), LG Chem., Ltd. (LG Chem), 
LG Hausys, Ltd. (Hausys), and Union Steel Manufacturing Co., Ltd. 
(Union); see Memorandum to Melissa G. Skinner, Director, Office 3, 
AD/CVD Operations through Eric Greynolds, Program Manager, Office 3, 
AD/CVD Operations from Christopher Hargett, Senior International 
Trade Compliance Analyst, Office 3, AD/CVD Operations, titled 
``Selection of Respondents for Individual Review,'' dated November 
19, 2012.

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DATES: Effective Date: March 28, 2014.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Dongbu) or 
Christopher Hargett (HYSCO), Enforcement and Compliance, Office III, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-3692 or (202) 482-4161, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 9, 2013, the Department published the Preliminary 
Results,\4\ and invited interested parties to comment. On November 8, 
2013, Hysco, Dongbu, Union, and LG Hausys filed case briefs. On 
November 13, 2013, Nucor Corporation filed a rebuttal brief. On 
November 14, 2013, U.S. Steel Corporation filed a rebuttal brief, which 
was rejected by the Department as past the deadline for the submission 
of rebuttal briefs.\5\
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    \4\ See Corrosion-Resistant Carbon Steel Flat Products from the 
Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2011- 2012, 78 FR 55057 (September 9, 2013) 
(Preliminary Results).
    \5\ See Memorandum to the File through Eric Greynolds, Program 
Manager, Office 3, AD/CVD Operations from Christopher Hargett, 
International Trade Compliance Analyst, Office 3, AD/CVD Operations, 
titled ``Rejection of Rebuttal Brief,'' dated November 20, 2013.
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    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013. Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days.\6\ Pursuant to the Tolling Memo, the deadline for the final 
results of this review was revised with a due date of January 23, 2014.
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    \6\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013) (Tolling 
Memo).
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    On January 2, 2014, the Department issued a memorandum extending 
the time period for issuing the final results of this administrative 
review from January 23, 2014 to March 24, 2014.\7\
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    \7\ See Memorandum to Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations through Melissa 
Skinner, Director, Office III, Antidumping and Countervailing Duty 
Operations from Christopher Hargett, Sr. International Trade 
Compliance Analyst, Office III, AD/CVD Operations, titled 
``Corrosion-Resistant Carbon Steel Flat Products from the Republic 
of Korea: Extension of Time Limit for Final Results of Antidumping 
Duty Administrative Review,'' dated January 2, 2014.
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Period of Review

    The POR covered by this review is August 1, 2011, through February 
14, 2012.\8\
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    \8\ See Preliminary Results, 78 FR at 55057 n.2.
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Scope of the Order

    Imports covered by the order are shipments of flat-rolled carbon 
steel products. The merchandise subject to

[[Page 17504]]

review is currently classifiable under items 7210.30.0030, 
7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.49.0091, 
7210.49.0095, 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 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheadings 
are provided for convenience and customs purposes, the written 
description of the merchandise subject to the order is dispositive.\9\
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    \9\ For a full description of the scope of the order, see the 
``Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review: Corrosion-Resistant Carbon Steel Flat 
Products from the Republic of Korea'' from Gary Taverman, Senior 
Advisor for Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, (Issues 
and Decision Memorandum) dated concurrently with these results and 
hereby adopted by this notice.
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Analysis of Comments Received

    All issues raised in the case briefs by parties to this proceeding 
are listed in the Appendix to this notice. Parties' rebuttal comments 
and the Department's response to these issues are addressed in the 
Issues and Decision Memorandum, dated concurrently with this 
notice.\10\ The Issues and Decision Memorandum is a public document and 
is on file in the Central Records Unit (CRU), Room 7046 of the main 
Department of Commerce Building, as well as electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at http://iaacess.trade.gov and is 
available to all parties in the CRU. In addition, a complete version of 
the Issues and Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/. The signed Issues and 
Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.
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    \10\ See the Issues and Decision Memorandum.
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Final Results of the Review

    As a result of this review, we determine the following weighted-
average dumping margins \11\ exist for the period August 1, 2011, 
through February 14, 2012:
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    \11\ Because there was only one rate that was not zero, de 
minimis, or based on total facts available, we are using this 
weighted-average dumping margin (Dongbu's) as the rate for the non-
examined companies.

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                    dumping margin
                                                           (percent)
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Dongbu Steel Co., Ltd...............................                7.64
Hyundai HYSCO.......................................                0.00
Dongkuk Industries Co., Ltd.........................                7.64
Haewon MSC Co. Ltd..................................                7.64
LG Chem., Ltd.......................................                7.64
LG Hausys, Ltd......................................                7.64
Union Steel Manufacturing Co., Ltd..................                7.64
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Disclosure

    In accordance with 19 CFR 351.224(b), we will disclose the 
calculation memorandums used in our analysis to parties to this review 
within five days of the date of publication of this notice.

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review.\12\ Since the weighted-average dumping 
margin is not zero or de minimis for Dongbu, we calculated importer-
specific ad valorem antidumping duty assessment rates based on the 
ratio of the total amount of dumping calculated for an importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1). Where an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\13\
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ See 19 CFR 351.106(c)(2).
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    For HYSCO, we will instruct CBP to liquidate its appropriate 
entries without regard to antidumping duties because HYSCO's weighted-
average dumping margin is zero percent. For the five non-examined 
respondents in this review, we will instruct CBP to liquidate their 
entries at a rate of 7.64%.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\14\ This clarification will apply to entries of subject 
merchandise during the POR produced by each respondent for which they 
did not know that their 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.\15\
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    \14\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \15\ For a full discussion of this clarification, see id.
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The Department notified CBP to discontinue the collection of cash 
deposits on entries of the subject merchandise, entered or withdrawn 
from warehouse, on or after February 14, 2012.\16\ Therefore, no cash 
deposit requirements will be imposed in response to these final 
results.
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    \16\ See CORE Revocation, 78 FR at 16833.
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Reimbursement of Duties

    This notice serves as a final 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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties pursuant to 19 CFR 
351.402(f)(3).

[[Page 17505]]

Notification to Interested Parties

    This notice also serves as a final reminder to parties subject to 
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(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written 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 sanctionable violation.
    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act and 19 CFR 351.213(h).

    Dated: March 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues in Issues and Decision Memorandum

    I. Summary
    II. Background
    III. Period of Review
    IV. Scope of the Order
    V. List of Comments
    Comment 1: Use of Dongbu's Costs for the Period August 1, 2011, 
to July 31, 2012
    Comment 2: Calculation of General and Administrative and 
Interest Expenses
    Comment 3: Application of Differential Pricing and Zeroing in 
Administrative Reviews
    Comment 4: Denial of Offsets with the Average-to-Transaction 
Method
    VI. Analysis of Comments
    VII. Recommendation
[FR Doc. 2014-06995 Filed 3-27-14; 8:45 am]
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