[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12870-12871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05567]


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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 and New Shipper Reviews and Rescission of Administrative 
Review, in Part; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review and a concurrent new-shipper review of the 
antidumping duty order on certain cut-to-length carbon-quality steel 
plate products (CTL plate) from the Republic of Korea (Korea). The 
period of review (POR) is February 1, 2014, through January 31, 2015. 
With respect to the administrative review, the Department preliminarily 
determines that the sole producer/exporter subject to the review, 
Dongkuk Steel Mill Co., Ltd. (DSM), made sales of subject merchandise 
at less than normal value. With respect to the new-shipper review, the 
Department preliminarily determines that Hyundai Steel Company (Hyundai 
Steel) did not make sales of subject merchandise at less than normal 
value. We invite interested parties to comment on these preliminary 
results.

DATES: Effective Date: March 11, 2016.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Thomas Schauer, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington DC 20230; telephone (202) 482-5760 or (202) 482-
0410, respectively.

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 
7208.40.3030, 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, and 
7226.99.0000. 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.\1\
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    \1\ See the memorandum from Deputy Assistant Secretary Christian 
Marsh to Assistant Secretary Paul Piquado entitled, ``Preliminary 
Decision Memorandum for the Administrative and New-Shipper Reviews 
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 and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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Tolling of Deadline of Preliminary Results of Reviews

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement & Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days. The revised 
deadline for the preliminary results of these reviews is now March 4, 
2016.\2\
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    \2\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Snowstorm 
Jonas'' dated January 27, 2016.
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Rescission of Administrative Review in Part

    We are rescinding the administrative review in part with respect to 
BDP International, Daewoo International Corp., GS Global Corp., Hyundai 
Glovis, Hyundai Steel, Iljin Steel, Samsung C&T Corporation, Samsung 
C&T Engineering & Construction Group, Samsung C&T Trading and 
Investment Group, Samsung Heavy Industries, and Steel N People Ltd.\3\
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    \3\ See Preliminary Decision Memorandum at 4 for more details on 
this rescission in part. As noted in the Preliminary Decision 
Memorandum, we will not issue assessment instructions as a result of 
the administrative review rescission with respect to Hyundai Steel, 
given the ongoing new-shipper review. Id. n.14.
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Methodology

    The Department conducted these reviews 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 (ACCESS). ACCESS is 
available to registered users at http://access.trade.gov and to all 
parties in the Department's Central Records Unit, located at room B8024 
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/index.html.

Preliminary Results of the Administrative Review

    As a result of this administrative review, we preliminarily 
determine that a weighted-average dumping margin of 1.11 percent exists 
for Dongkuk Steel Mill Co., Ltd., for the period February 1, 2014, 
through January 31, 2015.

Preliminary Results of the New Shipper Review

    As a result of this new shipper review, we preliminarily determine 
that a weighted-average dumping margin of 0.00 percent exists for 
merchandise produced and exported by Hyundai Steel Company for the 
period February 1, 2014, through January 31, 2015.

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
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, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An

[[Page 12871]]

electronically filed document must be received successfully in its 
entirety by the Department's electronic records system, 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 and new shipper 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 a respondent's weighted-average dumping margin is above de 
minimis in the final results of these reviews, 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 
with 19 CFR 351.212(b)(1).\7\ If the respondent's weighted-average 
dumping margin is zero or de minimis in the final results of reviews, 
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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    For entries of subject merchandise during the POR produced by DSM 
or Hyundai Steel for which they did not know their merchandise was 
destined for the United States, 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.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of these reviews.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of these reviews 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 with respect to 
the administrative review respondent will be the rate established in 
the final results of the review; (2) for merchandise exported by 
manufacturers or exporters not covered in these reviews 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 these reviews, 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,\9\ the all-others rate established in the less-than-fair-value 
investigation, adjusted for the export-subsidy rate in the companion 
countervailing duty investigation.
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    \9\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate 
Products From the Republic of Korea: Final Results of Antidumping 
Duty Administrative Review; 2013-2014, 80 FR 22971, 22972 n.3 (April 
24, 2015).
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    With respect to Hyundai Steel, the new shipper respondent, the 
Department established a combination cash deposit rate for this company 
consistent with its practice as follows: (1) For subject merchandise 
produced and exported by Hyundai Steel, the cash deposit rate will be 
the rate established for Hyundai Steel in the final results of the NSR; 
(2) for subject merchandise exported by Hyundai Steel, but not produced 
by Hyundai Steel, the cash deposit rate will be the rate for the all-
others rate established in the less-than-fair-value investigation; and 
(3) for subject merchandise produced by Hyundai Steel but not exported 
by Hyundai Steel, the cash deposit rate will be the rate applicable to 
the exporter.
    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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), 751(a)(2)(B), 777(i) of the Act and 
19 CFR 351.214 and 351.221(b)(4).

    Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
Rescission of Administrative Review in Part
Bona Fides Analysis
Comparisons to Normal Value
Determination of Comparison Method
Results of the Differential Pricing Analysis
Product Comparisons
Date of Sale
Level of Trade/CEP Offset
Constructed Export Price
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
Currency Conversion
Recommendation

[FR Doc. 2016-05567 Filed 3-10-16; 8:45 am]
 BILLING CODE 3510-DS-P