[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Pages 46770-46772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18950]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-837]


Cut-to-Length Carbon-Quality Steel Plate From the Republic of 
Korea: Final Results of Countervailing Duty Administrative Review; 2012

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

SUMMARY: The Department of Commerce (the Department) completed the 
administrative review of the countervailing duty (CVD) order on cut-

[[Page 46771]]

to-length carbon-quality steel plate (CTL Plate) from the Republic of 
Korea for the January 1, 2012, through December 31, 2012, period of 
review (POR) in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act). This review covers multiple exporters/
producers, one of which is being individually examined as a mandatory 
respondent. We determine that Dongkuk Steel Mill Co., Ltd. (DSM) 
received a de minimis net subsidy rate during the POR. We have used 
DSM's total net subsidy rate as the rate for the remaining five 
companies subject to review. Additionally, the Department has rescinded 
the review of five companies that timely certified that they had no 
shipments of subject merchandise to the United States during the POR. 
Our analysis of comments received is contained in the Decision 
Memorandum accompanying this Federal Register notice.\1\ The final net 
subsidy rates are listed below in the ``Final Results of Review'' 
section. These subsidy rates are unchanged from the Preliminary 
Results.\2\
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    \1\ See ``Decision Memorandum for the Final Results of 2012 
Countervailing Duty Administrative Review: Cut-to-length Carbon-
Quality Steel Plate 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 (Decision Memorandum), dated concurrently and hereby 
adopted by this notice.
    \2\ See Certain Cut-to-Length Carbon-Quality Steel Plate from 
the Republic of Korea: Preliminary Results of Countervailing Duty 
Administrative Review; 2012, 79 FR 16283 (March 25, 2014) 
(Preliminary Results), and accompanying Issues and Decision 
Memorandum, dated March 18, 2014 (Preliminary Decision Memorandum).

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DATES: Effective Date: August 11, 2014.

FOR FURTHER INFORMATION CONTACT: John Conniff at 202-482-1009, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On February 10, 2000, the Department published in the Federal 
Register the CTL Plate Order.\3\ On February 1, 2013, the Department 
published a notice of opportunity to request an administrative review 
of this CVD order.\4\ On March 25, 2014, the Department published its 
preliminary results of review of the CVD order on CTL Plate from the 
Republic of Korea for the POR.\5\
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    \3\ See Notice of Amended Final Determination: Certain Cut-to-
Length Carbon-Quality Steel Plate From India and the Republic of 
Korea; and Notice of Countervailing Duty Orders: Certain Cut-to-
Length Carbon-Quality Steel Plate from France, India, Indonesia, 
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000) 
(CTL Plate Order).
    \4\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 78 FR 7397 (February 1, 2013).
    \5\ See Preliminary Results, 79 FR 16283 and Preliminary 
Decision Memorandum.
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    The Department received one case brief from Samsung C&T Corp 
(Samsung) regarding its decision not to rescind Samsung from the 
administrative review.

Scope of the Order

    The products covered by the 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).
    The merchandise subject to the order is currently classifiable in 
the HTSUS under subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 
7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 
7226.91.8000, 7226.99.0000.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise covered by 
the order is dispositive.\6\
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    \6\ See Decision Memorandum for a complete description of the 
scope of the order.
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable during the POR, we determine that there is a subsidy, 
i.e., a government-provided financial contribution that confers a 
benefit to the recipient, and that the subsidy is specific. See 
sections 771(5)(B) and (D) of the Act regarding financial contribution; 
section 771(5)(E) of the Act regarding benefit; and section 771(5A) of 
the Act regarding specificity. For a complete description of the 
methodology, see the Decision Memorandum.

Analysis of Comments Received

    All issues raised in Samsung's case brief, the only case brief 
submitted in this proceeding, are addressed in the Decision Memorandum. 
A list of the issues which Samsung raised, and to which we responded in 
the Decision Memorandum, is attached to this notice as Appendix I. The 
Decision Memorandum is a public document and is on file 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://iaaccess.trade.gov, and is 
available to all parties in the Central Records Unit, room 7046 of the 
main Commerce building. In addition, a complete version of the Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Decision Memorandum and the electronic 
versions of the Decision Memorandum are identical in content.

Rescission of Administrative Review

    Between April 10 and May 23, 2013, we received timely-filed no 
shipment certifications from Daewoo International Corp. (Daewoo), 
Dongbu Steel Co., Ltd. (Dongbu), GS Global Corp. (GS Global), Hyosung 
Corporation (Hyosung), and Hyundai Steel Co. (Hyundai). Because these 
companies timely filed no shipment certifications and there is no 
evidence on the record to indicate that these companies had sales of 
subject merchandise during the POR, pursuant to 19 CFR 351.213(d)(3), 
the Department is rescinding the review with respect to Daewoo, Dongbu, 
GS Global, Hyosung, and Hyundai.

Final Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated an 
individual subsidy rate for the mandatory respondent, DSM. Because DSM 
is the sole, mandatory respondent, we assigned to those companies not 
selected for individual review, the rate calculated for DSM. As a 
result of this review, we determine the listed net subsidy rates for 
2012:

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                Company                       2012 Ad valorem rate
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Dongkuk Steel Mill Co., Ltd...........  0.11% de minimis.
Edgen Murray Corporation..............  de minimis.
Kyoungil Col., Ltd....................  de minimis.
Samsung C&T Corporation...............  de minimis.

[[Page 46772]]

 
Samwoo EMC Co., Ltd...................  de minimis.
TCC Steel Corp........................  de minimis.
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Assessment Rates/Cash Deposits

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue assessment instructions to U.S. Customs and Border Protection 
(CBP) 15 days after the date of publication of these final results of 
review to liquidate shipments of subject merchandise by respondents 
entered, or withdrawn from warehouse, for consumption on or after 
January 1, 2012, through December 31, 2012, without regard to CVDs 
because a de minimis subsidy rate was calculated for each company as 
the ad valorem assessment rate listed above. We will also instruct CBP 
to continue to suspend liquidation but to collect no cash deposits of 
estimated CVDs on shipments of the subject merchandise by the companies 
listed above entered, or withdrawn from warehouse, for consumption on 
or after the date of publication of the final results of review.
    For the companies for which this review is rescinded, 
countervailing duties shall be assessed at rates equal to the cash 
deposit of estimated countervailing duties required at the time of 
entry, or withdrawal from warehouse, for consumption, during the period 
January 1, 2012, through December 31, 2012, in accordance with 19 CFR 
351.2129(c)(1)(i).
    For all non-reviewed companies, we will instruct CBP to continue to 
collect cash deposits at the most recent company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit 
rates that will be applied to companies covered by this order, but not 
examined in this review, are those established in the most recently 
completed administrative proceeding for each company. The cash deposit 
rates for all companies not covered by this review are not changed by 
the results of this review, and remain in effect until further notice.

Return or Destruction of Proprietary Information

    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 in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 5, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Period of Review
III. Scope of the Order
IV. Rescission of Administrative Review With Respect to Certain 
Companies
V. Non-Selected Rate
VI. Attribution of Subsidies
VII. Analysis of Programs
VIII. Analysis of Comments
    Comment 1: Whether It Is Appropriate to Assign Samsung a Non-
Selected Respondent Rate
IX. Recommendation

[FR Doc. 2014-18950 Filed 8-8-14; 8:45 am]
BILLING CODE 3510-DS-P