Stainless Steel Sheet and Strip in Coils From the Republic of Korea; Final Results and Rescission of Antidumping Duty Administrative Review in Part, 4486-4490 [E7-1462]
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Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Notices
raised in any such written comments or
at a hearing, within 90 days of
publication of these preliminary results.
DEPARTMENT OF COMMERCE
Assessment Rates
Upon issuance of the final results of
this review, the Department shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries. In accordance with 19 CFR
351.212(b)(1), we have calculated
importer–specific assessment rates
based on the total amount of
antidumping duties calculated for the
examined sales made during the POR
divided by the total quantity (in
kilograms) of the examined sales. Upon
completion of this review, where the
assessment rate is above de minimis, we
shall instruct CBP to assess duties on all
entries of subject merchandise by that
importer. The Department intends to
issue assessment instructions to CBP
fifteen days after the date of publication
of the final results of review.
[A–357–812]
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Cash Deposit Requirements
The following cash deposit rate will
be effective upon publication of the
final results of this new shipper review
for shipments of stainless steel flanges
from India entered, or withdrawn from
warehouse, for consumption on or after
the publication date, as provided by
section 751(a)(2)(C) of the Tariff Act. For
subject merchandise produced and
exported by Kunj, the cash deposit rate
will be the rate established in the final
results of this review, except if the rate
is less than 0.5 percent and, therefore,
de minimis, the cash deposit rate will be
zero. This cash deposit requirement,
when imposed, shall remain in effect
until publication of the final results of
the next administrative review.
Notification to Interested Parties
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act.
Dated: January 25, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7–1575 Filed 1–30–06; 8:45 am]
BILLING CODE 3510–DS–S
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International Trade Administration
Notice of Extension of Time Limit for
Final Results of Antidumping Duty
New Shipper Review: Honey from
Argentina
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 31, 2007.
FOR FURTHER INFORMATION CONTACT:
David Cordell or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0408 or (202) 482–
0469, respectively.
On November 24, 2006, the
Department of Commerce (the
Department) published the preliminary
results of the new shipper review of the
antidumping duty order on honey from
Argentina, covering the period
December 1, 2004, through December
31, 2005, and the following exporter:
Patagonik S.A. See Honey From
Argentina: Preliminary Results of New
Shipper Review, 71 FR 67850
(November 24, 2006). On December 15,
2006, the Federal Register published a
correction notice due to typographical
errors in the original preliminary results
notice. See Corrections Honey From
Argentina: Preliminary Results of New
Shipper Review, 71 FR 75614 (December
15, 2006). The final results are currently
due on February 14, 2007.1
SUPPLEMENTARY INFORMATION:
AGENCY:
Extension of Time Limits for Final
Results
Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.214(i)(1) require the
Department to issue the final results of
a new shipper review within 90 days
after the date on which the preliminary
results were issued. The Department
may, however, extend the deadline for
completion of the final results of a new
shipper review to 150 days if it
determines that the case is
extraordinarily complicated. See section
751(a)(2)(B)(iv) of the Act and 19 CFR
351.214(i)(2).
1 The November 24, 2006, Federal Register Notice
stated the Department would issue final results
within 120 days of publication of the Preliminary
Results. The Notice should have read that the
Department will issue the final results within 90
days after the date on which the preliminary results
were issued. See 19 CFR 351.214(i)(1). The
Department hereby corrects this inadvertent error.
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As a result of extraordinarily
complicated issues raised in the review
segment, specifically the multiple issues
raised by petitioner with regard to the
bona fide nature of the sale as well as
issues regarding the beekeepers’ costs, it
is not practicable to complete this new
shipper review within the current time
limit. Accordingly, the Department is
extending the time limit for the
completion of the final results by 60
days until April 15, 2007, in accordance
with section 751(a)(2)(B)(iv) of the Act
and 19 CFR 351.214(i)(2). Because April
15 falls on a Sunday, the deadline for
the completion of the final results is
April 16, 2007, the next business day.
This notice is issued and published in
accordance with section 751(a)(2)(B) of
the Act.
Dated: January 23, 2007.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E7–1461 Filed 1–30–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–834]
Stainless Steel Sheet and Strip in Coils
From the Republic of Korea; Final
Results and Rescission of
Antidumping Duty Administrative
Review in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 10, 2006, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on stainless
steel sheet and strip in coils (SSSSC)
from the Republic of Korea (Korea) (71
FR 18074). This review covers five
producers/exporters of the subject
merchandise to the United States. The
period of review (POR) is July 1, 2004,
through June 30, 2005. We are
rescinding the review with respect to
eight companies because they had no
shipments of subject merchandise to the
United States during the POR.
Based on our analysis of the
comments received, we have made
changes in the margin calculation for
DaiYang Metal Co., Ltd. (DMC), a
respondent in this review. Therefore,
the final results differ from the
preliminary results. The final weighted–
average dumping margins for the
reviewed firms are listed below in the
section entitled ‘‘Final Results of
Review.’’
AGENCY:
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EFFECTIVE DATE:
January 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Irina
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Itkin or Brianne Riker, AD/CVD
Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC, 20230;
telephone: (202) 482–0656 and (202)
482–0629, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers the following five
producers/exporters: Boorim
Corporation (Boorim), Dae Kyung
Corporation (Dae Kyung), Dine Trading
Co., Ltd. (Dine), DMC, and Dosko Co.,
Ltd. (Dosko).
On April 10, 2006, the Department
published in the Federal Register the
preliminary results of administrative
review of the antidumping duty order
on SSSSC from Korea. See Stainless
Steel Sheet and Strip in Coils from the
Republic of Korea; Preliminary Results
and Partial Rescission of Antidumping
Duty Administrative Review, 71 FR
18074 (April 10, 2006) (Preliminary
Results).
Prior to the preliminary results, the
following companies informed the
Department that they had no shipments
to the United States during the POR:
BNG Steel Co. (BNG), Hyundai
Corporation (Hyundai), NIC
International Co., Ltd. (NIC), Pohang
Iron and Steel Co., Ltd. (POSCO),
Samkyung Corporation (Samkyung),
Sammi Corporation (Sammi), Samwon
Precision Metals Co., Ltd. (Samwon),
and Sun Woo Tech Company (Sun
Woo). We reviewed U.S. Customs and
Border Protection (CBP) data and
confirmed that there were no entries of
subject merchandise from any of these
companies. Consequently, in
accordance with 19 CFR 351.213(d)(3)
and consistent with our practice, we are
rescinding our review for BNG,
Hyundai, NIC, POSCO, Samkyoung,
Sammi, Samwon, and Sun Woo. For
further discussion, see the ‘‘Partial
Rescission of Review’’ section of this
notice, below.
We invited parties to comment on our
preliminary results of review. In May
2006, we received case briefs and
rebuttal briefs from the petitioners (i.e.,
Allegheny Ludlum Corporation, AK
Steel Corporation, North American
Stainless, United Auto Workers Local
3303, Zanesville Armco Independent
Organization, Inc., and the United
Steelworkers) and DMC.
Scope of the Order
The products covered are certain
stainless steel sheet and strip in coils.
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Stainless steel is an alloy steel
containing, by weight, 1.2 percent or
less of carbon and 10.5 percent or more
of chromium, with or without other
elements. The subject sheet and strip is
a flat–rolled product in coils that is
greater than 9.5 millimeters in width
and less than 4.75 millimeters in
thickness, and that is annealed or
otherwise heat treated and pickled or
otherwise descaled. The subject sheet
and strip may also be further processed
(E.G., cold–rolled, polished, aluminized,
coated, etc.) provided that it maintains
the specific dimensions of sheet and
strip following such processing.
The merchandise subject to this order
is classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheadings: 7219.13.0031,
7219.13.0051, 7219.13.0071,
7219.1300.81,1 7219.14.0030,
7219.14.0065, 7219.14.0090,
7219.32.0005, 7219.32.0020,
7219.32.0025, 7219.32.0035,
7219.32.0036, 7219.32.0038,
7219.32.0042, 7219.32.0044,
7219.33.0005, 7219.33.0020,
7219.33.0025, 7219.33.0035,
7219.33.0036, 7219.33.0038,
7219.33.0042, 7219.33.0044,
7219.34.0005, 7219.34.0020,
7219.34.0025, 7219.34.0030,
7219.34.0035, 7219.35.0005,
7219.35.0015, 7219.35.0030,
7219.35.0035, 7219.90.0010,
7219.90.0020, 7219.90.0025,
7219.90.0060, 7219.90.0080,
7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015,
7220.20.1060, 7220.20.1080,
7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060,
7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015,
7220.20.7060, 7220.20.7080,
7220.20.8000, 7220.20.9030,
7220.20.9060, 7220.90.0010,
7220.90.0015, 7220.90.0060, and
7220.90.0080. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise under review is
dispositive.
Excluded from the scope of this order
are the following: 1) sheet and strip that
is not annealed or otherwise heat treated
and pickled or otherwise descaled; 2)
sheet and strip that is cut to length; 3)
plate (i.e., flat–rolled stainless steel
products of a thickness of 4.75
millimeters or more); 4) flat wire (i.e.,
cold–rolled sections, with a prepared
1 Due to changes to the HTSUS numbers in 2001,
7219.13.0030, 7219.13.0050, 7219.13.0070, and
7219.13.0080 are now 7219.13.0031, 7219.13.0051,
7219.13.0071, and 7219.13.0081, respectively.
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edge, rectangular in shape, of a width of
not more than 9.5 millimeters); and 5)
razor blade steel. Razor blade steel is a
flat–rolled product of stainless steel, not
further worked than cold–rolled (coldreduced), in coils, of a width of not
more than 23 millimeters and a
thickness of 0.266 millimeters or less,
containing, by weight, 12.5 to 14.5
percent chromium, and certified at the
time of entry to be used in the
manufacture of razor blades. See
Chapter 72 of the HTSUS, ‘‘Additional
U.S. Note’’ 1(d).
Flapper valve steel is also excluded
from the scope. Flapper valve steel is
defined as stainless steel strip in coils
containing, by weight, between 0.37 and
0.43 percent carbon, between 1.15 and
1.35 percent molybdenum, and between
0.20 and 0.80 percent manganese. This
steel also contains, by weight,
phosphorus of 0.025 percent or less,
silicon of between 0.20 and 0.50
percent, and sulfur of 0.020 percent or
less. The product is manufactured by
means of vacuum arc remelting, with
inclusion controls for sulphide of no
more than 0.04 percent and for oxide of
no more than 0.05 percent. Flapper
valve steel has a tensile strength of
between 210 and 300 ksi, yield strength
of between 170 and 270 ksi, 8 ksi, and
a hardness (Hv) of between 460 and 590.
Flapper valve steel is most commonly
used to produce specialty flapper valves
in compressors.
Also excluded is a product referred to
as suspension foil, a specialty steel
product that is used in the manufacture
of suspension assemblies for computer
disk drives. Suspension foil is described
as 302/304 grade or 202 grade stainless
steel of a thickness between 14 and 127
microns, with a thickness tolerance of
2.01 microns, and surface glossiness of
200 to 700 percent Gs. Suspension foil
must be supplied in coil widths of not
more than 407 millimeters, and with a
mass of 225 kilograms or less. Roll
marks may only be visible on one side,
with no scratches of measurable depth.
The material must exhibit residual
stresses of two millimeter depth. The
material must exhibit residual stresses
of two millimeters maximum deflection,
and flatness of 1.6 millimeters over 685
millimeters length.
Certain stainless steel foil for
automotive catalytic converters is also
excluded from the scope of this order.
This stainless steel strip in coils is a
specialty foil with a thickness of
between 20 and 110 microns used to
produce a metallic substrate with a
honeycomb structure for use in
automotive catalytic converters. The
steel contains, by weight, carbon of no
more than 0.030 percent, silicon of no
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more than one percent, manganese of no
more than one percent, chromium of
between 19 and 22 percent, aluminum
of no less than 5.0 percent, phosphorus
of no more than 0.045 percent, sulfur of
no more than 0.03 percent, lanthanum
of less than 0.002 or greater than 0.05
percent, and total rare earth elements of
more than 0.06 percent, with the
balance iron.
Permanent magnet iron–chromiumcobalt alloy stainless strip is also
excluded from the scope of this order.
This ductile stainless steel strip
contains, by weight, 26 to 30 percent
chromium, and seven to 10 percent
cobalt, with the remainder of iron, in
widths 228.6 millimeters or less, and a
thickness between 0.127 and 1.270
millimeters. It exhibits magnetic
remanence between 9,000 and 12,000
gauss, and a coercivity of between 50
and 300 oersteds. This product is most
commonly used in electronic sensors
and is currently available under
proprietary trade names such as
‘‘Arnokrome III.’’2
Certain electrical resistance alloy steel
is also excluded from the scope of this
order. This product is defined as a non–
magnetic stainless steel manufactured to
American Society of Testing and
Materials specification B344 and
containing, by weight, 36 percent
nickel, 18 percent chromium, and 46
percent iron, and is most notable for its
resistance to high temperature
corrosion. It has a melting point of 1,390
degrees Celsius and displays a creep
rupture limit of four kilograms per
square millimeter at 1,000 degrees
Celsius. This steel is most commonly
used in the production of heating
ribbons for circuit breakers and
industrial furnaces, and in rheostats for
railway locomotives. The product is
currently available under proprietary
trade names such as ‘‘Gilphy 36.’’3
Certain martensitic precipitation–
hardenable stainless steel is also
excluded from the scope of this order.
This high–strength, ductile stainless
steel product is designated under the
Unified Numbering System as S45500–
grade steel, and contains, by weight, 11
to 13 percent chromium, and seven to
10 percent nickel. Carbon, manganese,
silicon and molybdenum each comprise,
by weight, 0.05 percent or less, with
phosphorus and sulfur each comprising,
by weight, 0.03 percent or less. This
steel has copper, niobium, and titanium
added to achieve aging, and will exhibit
yield strengths as high as 1,700 Mpa and
ultimate tensile strengths as high as
1,750 Mpa after aging, with elongation
percentages of 3 percent or less in 50
millimeters. It is generally provided in
thicknesses between 0.635 and 0.787
millimeters, and in widths of 25.4
millimeters. This product is most
commonly used in the manufacture of
television tubes and is currently
available under proprietary trade names
such as ‘‘Durphynox 17.’’4
Finally, three specialty stainless steels
typically used in certain industrial
blades and surgical and medical
instruments are also excluded from the
scope of this order. These include
stainless steel strip in coils used in the
production of textile cutting tools (e.g.,
carpet knives).5 This steel is similar to
AISI grade 420 but containing, by
weight, 0.5 to 0.7 percent of
molybdenum. The steel also contains,
by weight, carbon of between 1.0 and
1.1 percent, sulfur of 0.020 percent or
less, and includes between 0.20 and
0.30 percent copper and between 0.20
and 0.50 percent cobalt. This steel is
sold under proprietary names such as
‘‘GIN4 Mo.’’ The second excluded
stainless steel strip in coils is similar to
AISI 420–J2 and contains, by weight,
carbon of between 0.62 and 0.70
percent, silicon of between 0.20 and
0.50 percent, manganese of between
0.45 and 0.80 percent, phosphorus of no
more than 0.025 percent, and sulfur of
no more than 0.020 percent. This steel
has a carbide density on average of 100
carbide particles per 100 square
microns. An example of this product is
‘‘GIN5’’ steel. The third specialty steel
has a chemical composition similar to
AISI 420 F, with carbon of between 0.37
and 0.43 percent, molybdenum of
between 1.15 and 1.35 percent, but
lower manganese of between 0.20 and
0.80 percent, phosphorus of no more
than 0.025 percent, silicon of between
0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product
is supplied with a hardness of more
than Hv 500 guaranteed after customer
processing, and is supplied as, for
example, ‘‘GIN6.’’6
Period of Review
The POR is July 1, 2004, through June
30, 2005.
Partial Rescission of Review
As noted above, BNG, Hyundai, NIC,
POSCO, Samkyoung, Sammi, Samwon,
and Sun Woo had no shipments and/or
entries of subject merchandise to the
United States during the POR. We have
4‘‘Durphynox
17’’ is a trademark of Imphy, S.A.
list of uses is illustrative and provided for
descriptive purposes only.
6 ‘‘GIN4 Mo,’’ ‘‘GIN5,’’ and ‘‘GIN6’’ are the
proprietary grades of Hitachi Metals America, Ltd.
5 This
2 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
3 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A.
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confirmed this with CBP data. See the
November 9, 2005, memorandum to the
file from Brianne Riker, entitled
‘‘Placing U.S. Customs and Border
Protection Data on the Record of the
2004 - 2005 Antidumping Duty
Administrative Review of Stainless
Steel Sheet and Strip in Coils from the
Republic of Korea.’’ Therefore, in
accordance with 19 CFR 351.213(d)(3)
and consistent with the Department’s
practice, we are rescinding our review
with respect to these companies. See,
e.g., Certain Steel Concrete Reinforcing
Bars From Turkey; Final Results,
Rescission of Antidumping Duty
Administrative Review in Part, and
Determination To Revoke in Part, 70 FR
67665, 67666 (Nov. 8, 2005); Certain
Steel Concrete Reinforcing Bars From
Turkey; Final Results, Rescission of
Antidumping Duty Administrative
Review in Part, and Determination Not
To Revoke in Part, 69 FR 64731, 64732
(Nov. 8, 2004); Certain Steel Concrete
Reinforcing Bars From Turkey; Final
Results, Rescission of Antidumping
Duty Administrative Review in Part, and
Determination Not To Revoke in Part, 68
FR 53127, 53128 (Sept. 9, 2003).
Cost of Production
As discussed in the Preliminary
Results, we conducted an investigation
to determine whether DMC made home
market sales of the foreign like product
during the POR at prices below its cost
of production (COP) within the meaning
of section 773(b)(1) of the Act. We
performed the cost test for these final
results following the same methodology
as in the Preliminary Results.
We found that 20 percent or more of
DMC’s sales of a given product during
the reporting period were at prices less
than the weighted–average COP for this
period. Thus, we determined that these
below–cost sales were made in
‘‘substantial quantities’’ within an
extended period of time and at prices
which did not permit the recovery of all
costs within a reasonable period of time
in the normal course of trade. See
sections 773(b)(2)(B) - (D) of the Act.
Therefore, for purposes of these final
results, we found that DMC made
below–cost sales not in the ordinary
course of trade. Consequently, we
disregarded these sales and used the
remaining sales as the basis for
determining normal value pursuant to
section 773(b)(1) of the Act.
Facts Available
In the preliminary results, we
determined that, in accordance with
section 776(a)(2)(A) of the Act, the use
of facts available was appropriate as the
basis for the dumping margins for the
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following producer/exporters: Boorim,
Dae Kyung, Dine, and Dosko. We find
that it continues to be appropriate to
apply facts available to these
respondents. Section 776(a) of the Act
provides that the Department will apply
‘‘facts otherwise available’’ if, inter alia,
necessary information is not available
on the record or an interested party: (1)
Withholds information that has been
requested by the Department; (2) fails to
provide such information within the
deadlines established, or in the form or
manner requested by the Department,
subject to subsections (c)(1) and (e) of
section 782 of the Act; (3) significantly
impedes a proceeding; or (4) provides
such information, but the information
cannot be verified.
On August 19, 2005, the Department
requested that Boorim, Dae Kyung,
Dine, and Dosko respond to the
Department’s antidumping duty
questionnaire. The deadline to file a
response was September 27, 2005. The
Department did not receive a response
from Boorim, Dae Kyung, Dine, or
Dosko. On November 4, 2005, the
Department placed a memorandum on
the record with information regarding
delivery confirmation of the
questionnaires to each company. See the
November 4, 2005, memorandum to the
file from Brianne Riker entitled,
‘‘Placing Information on the Record of
the 2004–2005 Antidumping Duty
Administrative Review of Stainless
Steel Sheet and Strip in Coils from
Korea.’’ Thus, because these companies
did not respond to the Department’s
questionnaire, as in the preliminary
results, the Department must use facts
otherwise available with regard to
Boorim, Dae Kyung, Dine, and Dosko,
pursuant to sections 776(a)(2)(A) and (C)
of the Act of the Act. See Preliminary
Results, 71 FR at 18076.
Adverse Facts Available
In selecting from among the facts
otherwise available, section 776(b) of
the Act authorizes the Department to
use an adverse inference if the
Department finds that an interested
party failed to cooperate by not acting
to the best of its ability to comply with
the request for information. See, e.g.,
Notice of Final Results of Antidumping
Duty Administrative Review: Stainless
Steel Bar from India, 70 FR 54023,
54025–26 (Sept. 13, 2005); see also
Notice of Final Determination of Sales
at Less Than Fair Value and Final
Negative Critical Circumstances: Carbon
and Certain Alloy Steel Wire Rod from
Brazil, 67 FR 55792, 55794–96 (Aug. 30,
2002). Adverse inferences are
appropriate ‘‘to ensure that the party
does not obtain a more favorable result
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by failing to cooperate than if it had
cooperated fully.’’ See Statement of
Administrative Action accompanying
the Uruguay Round Agreements Act,
H.R. Rep. No. 103–316, Vol. 1, at 870
(1994). Furthermore, ‘‘affirmative
evidence of bad faith on the part of a
respondent is not required before the
Department may make an adverse
inference.’’ See Antidumping Duties;
Countervailing Duties; Final Rule, 62 FR
27296, 27340 (May 19, 1997); Nippon
Steel Corp. v. United States, 337 F.3d
1373, 1382 (Fed. Cir. 2003) (Nippon).
We find that Boorim, Dae Kyung, Dine,
and Dosko did not act to the best of their
abilities in this proceeding, within the
meaning of section 776(b) of the Act,
because they failed to respond to the
Department’s questionnaire. Therefore,
an adverse inference is warranted in
selecting facts otherwise available. See
Nippon, 337 F.3d at 1382–83.
Section 776(b) of the Act provides
that the Department may use as adverse
facts available (AFA), information
derived from: 1) the petition; 2) the final
determination in the investigation; 3)
any previous review; or 4) any other
information placed on the record.
The Department’s practice, when
selecting an AFA rate from among the
possible sources of information, has
been to ensure that the margin is
sufficiently adverse ‘‘as to effectuate the
statutory purposes of the adverse facts
available rule to induce respondents to
provide the Department with complete
and accurate information in a timely
manner.’’ See, e.g., Carbon and Certain
Alloy Steel Wire Rod from Brazil: Notice
of Final Determination of Sales at Less
Than Fair Value and Final Negative
Critical Circumstances, 67 FR 55792,
55796 (Aug. 30, 2002); Notice of Final
Determination of Sales at Less Than
Fair Value: Static Random Access
Memory Semiconductors from Taiwan,
63 FR 8909, 8932 (Feb. 23, 1998).
Additionally, the Department’s practice
has been to assign the highest margin
determined for any party in the less–
than-fair–value (LTFV) investigation or
in any administrative review of a
specific order to respondents who have
failed to cooperate with the Department.
See, e.g., Ball Bearings and Parts
Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Final
Results of Antidumping Duty
Administrative Reviews, 71 FR 40064,
40066 (July 14, 2006); Final
Determination of Sales at Less Than Fair
Value: Certain Cold–Rolled Flat–Rolled
Carbon Quality Steel Products from the
People’s Republic of China, 65 FR 34660
(May 31, 2000), and accompanying
Issues and Decision Memorandum at the
‘‘Facts Available’’ section.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
4489
In order to ensure that the margin is
sufficiently adverse so as to induce
cooperation, we have assigned a rate of
58.79 percent, which was the rate
alleged in the petition, as adjusted at the
initiation of the LTFV investigation, to
Boorim, Dae Kyung, Dine, and Dosko.
This rate was assigned in a previous
segment of this proceeding and is the
highest rate determined for any
respondent in any segment of this
proceeding. See Notice of Amendment
of Final Determinations of Sales at Less
Than Fair Value: Stainless Steel Plate in
Coils from the Republic of Korea; and
Stainless Steel Sheet and Strip in Coils
from the Republic of Korea, 66 FR 45279
(Aug. 28, 2001). The Department finds
that this rate is sufficiently high as to
effectuate the purpose of the facts
available rule (i.e., we find that this rate
is high enough to encourage
participation in future segments of this
proceeding in accordance with section
776(b) of the Act). We continue to find
that the information upon which this
margin is based has sufficient probative
value to satisfy the requirements of
section 776(c) of the Act. See
Preliminary Results, 71 FR at 18077.
Neither Boorim, Dae Kyung, Dine,
Dosko nor any other interested party
submitted comments regarding the
Department’s preliminary corroboration
analysis for purposes of the final results.
Therefore, we have continued to assign
to exports of the subject merchandise by
Boorim, Dae Kyung, Dine, and Dosko
the rate of 58.79 percent.
Analysis of Comments Received
All issues raised in the case briefs by
parties to this administrative review and
to which we have responded are listed
in the Appendix to this notice and
addressed in the Issues and Decision
Memorandum (Decision Memo), which
is adopted by this notice. Parties can
find a complete discussion of all issues
raised in this review and the
corresponding recommendations in this
public memorandum, which is on file in
the Central Records Unit, room B–099,
of the main Department building.
In addition, a complete version of the
Decision Memo can be accessed directly
on the Web at https://ia.ita.doc.gov/frn/.
The paper copy and electronic version
of the Decision Memo are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made certain changes
in the margin calculation for DMC.
These changes are discussed in the
relevant sections of the Decision Memo.
E:\FR\FM\31JAN1.SGM
31JAN1
4490
Federal Register / Vol. 72, No. 20 / Wednesday, January 31, 2007 / Notices
previously investigated companies not
listed above, 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, or in the LTFV
investigation, but the manufacturer is,
Manufacturer/Producer/
Margin Percentage
Exporter
then the cash deposit rate will be the
rate established for the most recent
Boorim Corporation ......
58.79 period for the manufacturer of the
Dae Kyung Corporation
58.79
merchandise; and (4) the cash deposit
DaiYang Metal Co., Ltd.
3.77
Dine Trading Co., Ltd. ..
58.79 rate for all other manufacturers or
Dosko Co., Ltd. .............
58.79 exporters will continue to be 2.49
percent, the All Others rate established
in the LTFV investigation.
Assessment
These deposit requirements, when
The Department shall determine, and
imposed, shall remain in effect until
CBP shall assess, antidumping duties on
publication of the final results of the
all appropriate entries. Pursuant to 19
next administrative review.
CFR 351.212(b)(1), because we have the
reported entered value of DMC’s U.S.
Notification to Importers
sales, we have calculated importer–
This notice also serves as a final
specific assessment rates for DMC based
reminder to importers of their
on the ratio of the total amount of
responsibility under 19 CFR
antidumping duties calculated for the
351.402(f)(2) to file a certificate
examined sales to the total entered
regarding the reimbursement of
value of those sales. For Boorim, Dae
antidumping duties prior to liquidation
Kyung, Dine, and Dosko, we will
of the relevant entries during this
instruct CBP to liquidate entries at the
review period. Failure to comply with
rates indicated above. The Department
this requirement could result in the
will issue appraisement instructions
directly to CBP. The Department intends Secretary’s presumption that
reimbursement of antidumping duties
to issue assessment instructions to CBP
occurred and the subsequent assessment
15 days after the date of publication of
of doubled antidumping duties.
these final results of review.
This notice also serves as the only
The Department clarified its
reminder to parties subject to
‘‘automatic assessment’’ regulation on
administrative protective order (APO) of
May 6, 2003 (68 FR 23954). This
their responsibility concerning the
clarification will apply to entries of
disposition of proprietary information
subject merchandise during the POR
disclosed under APO in accordance
produced by companies included in
with 19 CFR 351.305(a)(3). Timely
these final results of review for which
notification of return/destruction of
the reviewed companies did not know
APO materials or conversion to judicial
their merchandise was destined for the
United States, as well as any companies protective order is hereby requested.
Failure to comply with the regulations
for which we are rescinding the review
and the terms of an APO is a
based on claims of no shipments. In
sanctionable violation.
such instances, we will instruct CBP to
We are issuing and publishing this
liquidate unreviewed entries at the All
determination and notice in accordance
Others rate if there is no rate for the
with sections 751(a)(1) and 777(i) of the
intermediate company(ies) involved in
Act.
the transaction. For a full discussion of
this clarification, see Antidumping and
David M. Spooner,
Countervailing Duty Proceedings:
Assistant Secretaryfor Import Administration.
Assessment of Antidumping Duties, 68
Appendix Issues in Decision Memo
FR 23954 (May 6, 2003).
mstockstill on PROD1PC62 with NOTICES
Final Results of Review
We determine that the following
weighted–average margin percentages
exist for the period July 1, 2004, through
June 30, 2005:
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of
this notice of final results of
administrative review for all shipments
of SSSSC from Korea entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(1) of the Act: (1) The cash deposit
rates for the reviewed companies will be
the rates indicated above; (2) for
VerDate Aug<31>2005
15:08 Jan 30, 2007
Jkt 211001
1. Constructed Export Price (CEP) Offset
2. Offset for Countervailing (CVD)
Duties
3. U.S. Indirect Selling Expense (ISE)
Ratio
4. U.S. Date of Sale
5. Home Market Sale Date of Sale
6. Home Market Early Payment and
Quantity Discounts
7. Home Market Credit Expenses
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
8. Whether to Apply an Adverse
Inference to DMC’s Reported Yield
Information
9. DMC’s Hot Coil Purchases
[FR Doc. E7–1462 Filed 1–30–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Public Meeting on the Influence of
European Standards in the Middle East
and North Africa
International Trade
Administration, Department of
Commerce.
ACTION: Engage stakeholders in a
dialogue on the increased use of
European standards in the Middle East
and North Africa and market access for
U.S. exporters. Invite public comment
on this subject.
AGENCY:
SUMMARY: The use of European
standards in the Middle East and North
Africa is growing. The European Union
(EU) is providing technical assistance
and building ties to harmonize
regulations and standards so as to
facilitate trade between the EU and
these regions. This meeting will provide
U.S. industry an opportunity to
exchange their experiences and express
their views on this subject.
DATES: The date of the meeting is
Thursday, February 15, 2007.
ADDRESSES: You may submit comments,
identified by any of the following
methods:
• E-mail:
Jennifer.Derstine@mail.doc.gov.
• Fax: 202–482–0878.
• Mail: U.S. Department of
Commerce, Room 2029B, 14th and
Constitution Avenue, NW., Washington,
DC 20230.
• Hand Delivery/Courier: U.S.
Department of Commerce, Room 2029B,
14th and Constitution Avenue, NW.,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
Jennifer Derstine, Room 2029B, 14th
and Constitution Avenue, NW.,
Washington, DC 20230, (202) 482–1870.
SUPPLEMENTARY INFORMATION: For more
than ten years the European
Commission has offered technical
assistance to a broad group of countries
in institution building, developing
regulatory and administrative
infrastructure, and support for
conformity assessment, market
surveillance, and metrology
organizations. Europe’s financial and
technical support makes countries more
E:\FR\FM\31JAN1.SGM
31JAN1
Agencies
[Federal Register Volume 72, Number 20 (Wednesday, January 31, 2007)]
[Notices]
[Pages 4486-4490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1462]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-834]
Stainless Steel Sheet and Strip in Coils From the Republic of
Korea; Final Results and Rescission of Antidumping Duty Administrative
Review in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 10, 2006, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on stainless steel sheet and strip in coils
(SSSSC) from the Republic of Korea (Korea) (71 FR 18074). This review
covers five producers/exporters of the subject merchandise to the
United States. The period of review (POR) is July 1, 2004, through June
30, 2005. We are rescinding the review with respect to eight companies
because they had no shipments of subject merchandise to the United
States during the POR.
Based on our analysis of the comments received, we have made
changes in the margin calculation for DaiYang Metal Co., Ltd. (DMC), a
respondent in this review. Therefore, the final results differ from the
preliminary results. The final weighted-average dumping margins for the
reviewed firms are listed below in the section entitled ``Final Results
of Review.''
[[Page 4487]]
EFFECTIVE DATE: January 31, 2007.
FOR FURTHER INFORMATION CONTACT: Irina Itkin or Brianne Riker, AD/CVD
Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482-
0656 and (202) 482-0629, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers the following five producers/exporters: Boorim
Corporation (Boorim), Dae Kyung Corporation (Dae Kyung), Dine Trading
Co., Ltd. (Dine), DMC, and Dosko Co., Ltd. (Dosko).
On April 10, 2006, the Department published in the Federal Register
the preliminary results of administrative review of the antidumping
duty order on SSSSC from Korea. See Stainless Steel Sheet and Strip in
Coils from the Republic of Korea; Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 71 FR 18074
(April 10, 2006) (Preliminary Results).
Prior to the preliminary results, the following companies informed
the Department that they had no shipments to the United States during
the POR: BNG Steel Co. (BNG), Hyundai Corporation (Hyundai), NIC
International Co., Ltd. (NIC), Pohang Iron and Steel Co., Ltd. (POSCO),
Samkyung Corporation (Samkyung), Sammi Corporation (Sammi), Samwon
Precision Metals Co., Ltd. (Samwon), and Sun Woo Tech Company (Sun
Woo). We reviewed U.S. Customs and Border Protection (CBP) data and
confirmed that there were no entries of subject merchandise from any of
these companies. Consequently, in accordance with 19 CFR 351.213(d)(3)
and consistent with our practice, we are rescinding our review for BNG,
Hyundai, NIC, POSCO, Samkyoung, Sammi, Samwon, and Sun Woo. For further
discussion, see the ``Partial Rescission of Review'' section of this
notice, below.
We invited parties to comment on our preliminary results of review.
In May 2006, we received case briefs and rebuttal briefs from the
petitioners (i.e., Allegheny Ludlum Corporation, AK Steel Corporation,
North American Stainless, United Auto Workers Local 3303, Zanesville
Armco Independent Organization, Inc., and the United Steelworkers) and
DMC.
Scope of the Order
The products covered are certain stainless steel sheet and strip in
coils. Stainless steel is an alloy steel containing, by weight, 1.2
percent or less of carbon and 10.5 percent or more of chromium, with or
without other elements. The subject sheet and strip is a flat-rolled
product in coils that is greater than 9.5 millimeters in width and less
than 4.75 millimeters in thickness, and that is annealed or otherwise
heat treated and pickled or otherwise descaled. The subject sheet and
strip may also be further processed (e.g., cold-rolled, polished,
aluminized, coated, etc.) provided that it maintains the specific
dimensions of sheet and strip following such processing.
The merchandise subject to this order is classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings:
7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81,\1\
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020,
7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042,
7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035,
7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.34.0005,
7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.35.0005,
7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020,
7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005,
7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000,
7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060,
and 7220.90.0080. Although the HTSUS subheadings are provided for
convenience and customs purposes, the Department's written description
of the merchandise under review is dispositive.
---------------------------------------------------------------------------
\1\ Due to changes to the HTSUS numbers in 2001, 7219.13.0030,
7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031,
7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively.
---------------------------------------------------------------------------
Excluded from the scope of this order are the following: 1) sheet
and strip that is not annealed or otherwise heat treated and pickled or
otherwise descaled; 2) sheet and strip that is cut to length; 3) plate
(i.e., flat-rolled stainless steel products of a thickness of 4.75
millimeters or more); 4) flat wire (i.e., cold-rolled sections, with a
prepared edge, rectangular in shape, of a width of not more than 9.5
millimeters); and 5) razor blade steel. Razor blade steel is a flat-
rolled product of stainless steel, not further worked than cold-rolled
(cold- reduced), in coils, of a width of not more than 23 millimeters
and a thickness of 0.266 millimeters or less, containing, by weight,
12.5 to 14.5 percent chromium, and certified at the time of entry to be
used in the manufacture of razor blades. See Chapter 72 of the HTSUS,
``Additional U.S. Note'' 1(d).
Flapper valve steel is also excluded from the scope. Flapper valve
steel is defined as stainless steel strip in coils containing, by
weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35
percent molybdenum, and between 0.20 and 0.80 percent manganese. This
steel also contains, by weight, phosphorus of 0.025 percent or less,
silicon of between 0.20 and 0.50 percent, and sulfur of 0.020 percent
or less. The product is manufactured by means of vacuum arc remelting,
with inclusion controls for sulphide of no more than 0.04 percent and
for oxide of no more than 0.05 percent. Flapper valve steel has a
tensile strength of between 210 and 300 ksi, yield strength of between
170 and 270 ksi, 8 ksi, and a hardness (Hv) of between 460 and 590.
Flapper valve steel is most commonly used to produce specialty flapper
valves in compressors.
Also excluded is a product referred to as suspension foil, a
specialty steel product that is used in the manufacture of suspension
assemblies for computer disk drives. Suspension foil is described as
302/304 grade or 202 grade stainless steel of a thickness between 14
and 127 microns, with a thickness tolerance of 2.01 microns, and
surface glossiness of 200 to 700 percent Gs. Suspension foil must be
supplied in coil widths of not more than 407 millimeters, and with a
mass of 225 kilograms or less. Roll marks may only be visible on one
side, with no scratches of measurable depth. The material must exhibit
residual stresses of two millimeter depth. The material must exhibit
residual stresses of two millimeters maximum deflection, and flatness
of 1.6 millimeters over 685 millimeters length.
Certain stainless steel foil for automotive catalytic converters is
also excluded from the scope of this order. This stainless steel strip
in coils is a specialty foil with a thickness of between 20 and 110
microns used to produce a metallic substrate with a honeycomb structure
for use in automotive catalytic converters. The steel contains, by
weight, carbon of no more than 0.030 percent, silicon of no
[[Page 4488]]
more than one percent, manganese of no more than one percent, chromium
of between 19 and 22 percent, aluminum of no less than 5.0 percent,
phosphorus of no more than 0.045 percent, sulfur of no more than 0.03
percent, lanthanum of less than 0.002 or greater than 0.05 percent, and
total rare earth elements of more than 0.06 percent, with the balance
iron.
Permanent magnet iron-chromium-cobalt alloy stainless strip is also
excluded from the scope of this order. This ductile stainless steel
strip contains, by weight, 26 to 30 percent chromium, and seven to 10
percent cobalt, with the remainder of iron, in widths 228.6 millimeters
or less, and a thickness between 0.127 and 1.270 millimeters. It
exhibits magnetic remanence between 9,000 and 12,000 gauss, and a
coercivity of between 50 and 300 oersteds. This product is most
commonly used in electronic sensors and is currently available under
proprietary trade names such as ``Arnokrome III.''\2\
---------------------------------------------------------------------------
\2\ ``Arnokrome III'' is a trademark of the Arnold Engineering
Company.
---------------------------------------------------------------------------
Certain electrical resistance alloy steel is also excluded from the
scope of this order. This product is defined as a non-magnetic
stainless steel manufactured to American Society of Testing and
Materials specification B344 and containing, by weight, 36 percent
nickel, 18 percent chromium, and 46 percent iron, and is most notable
for its resistance to high temperature corrosion. It has a melting
point of 1,390 degrees Celsius and displays a creep rupture limit of
four kilograms per square millimeter at 1,000 degrees Celsius. This
steel is most commonly used in the production of heating ribbons for
circuit breakers and industrial furnaces, and in rheostats for railway
locomotives. The product is currently available under proprietary trade
names such as ``Gilphy 36.''\3\
---------------------------------------------------------------------------
\3\ ``Gilphy 36'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------
Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of this order. This high-strength, ductile
stainless steel product is designated under the Unified Numbering
System as S45500-grade steel, and contains, by weight, 11 to 13 percent
chromium, and seven to 10 percent nickel. Carbon, manganese, silicon
and molybdenum each comprise, by weight, 0.05 percent or less, with
phosphorus and sulfur each comprising, by weight, 0.03 percent or less.
This steel has copper, niobium, and titanium added to achieve aging,
and will exhibit yield strengths as high as 1,700 Mpa and ultimate
tensile strengths as high as 1,750 Mpa after aging, with elongation
percentages of 3 percent or less in 50 millimeters. It is generally
provided in thicknesses between 0.635 and 0.787 millimeters, and in
widths of 25.4 millimeters. This product is most commonly used in the
manufacture of television tubes and is currently available under
proprietary trade names such as ``Durphynox 17.''\4\
---------------------------------------------------------------------------
\4\``Durphynox 17'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------
Finally, three specialty stainless steels typically used in certain
industrial blades and surgical and medical instruments are also
excluded from the scope of this order. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
carpet knives).\5\ This steel is similar to AISI grade 420 but
containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also
contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of
0.020 percent or less, and includes between 0.20 and 0.30 percent
copper and between 0.20 and 0.50 percent cobalt. This steel is sold
under proprietary names such as ``GIN4 Mo.'' The second excluded
stainless steel strip in coils is similar to AISI 420-J2 and contains,
by weight, carbon of between 0.62 and 0.70 percent, silicon of between
0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent,
phosphorus of no more than 0.025 percent, and sulfur of no more than
0.020 percent. This steel has a carbide density on average of 100
carbide particles per 100 square microns. An example of this product is
``GIN5'' steel. The third specialty steel has a chemical composition
similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent,
molybdenum of between 1.15 and 1.35 percent, but lower manganese of
between 0.20 and 0.80 percent, phosphorus of no more than 0.025
percent, silicon of between 0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product is supplied with a hardness of
more than Hv 500 guaranteed after customer processing, and is supplied
as, for example, ``GIN6.''\6\
---------------------------------------------------------------------------
\5\ This list of uses is illustrative and provided for
descriptive purposes only.
\6\ ``GIN4 Mo,'' ``GIN5,'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
---------------------------------------------------------------------------
Period of Review
The POR is July 1, 2004, through June 30, 2005.
Partial Rescission of Review
As noted above, BNG, Hyundai, NIC, POSCO, Samkyoung, Sammi, Samwon,
and Sun Woo had no shipments and/or entries of subject merchandise to
the United States during the POR. We have confirmed this with CBP data.
See the November 9, 2005, memorandum to the file from Brianne Riker,
entitled ``Placing U.S. Customs and Border Protection Data on the
Record of the 2004 - 2005 Antidumping Duty Administrative Review of
Stainless Steel Sheet and Strip in Coils from the Republic of Korea.''
Therefore, in accordance with 19 CFR 351.213(d)(3) and consistent with
the Department's practice, we are rescinding our review with respect to
these companies. See, e.g., Certain Steel Concrete Reinforcing Bars
From Turkey; Final Results, Rescission of Antidumping Duty
Administrative Review in Part, and Determination To Revoke in Part, 70
FR 67665, 67666 (Nov. 8, 2005); Certain Steel Concrete Reinforcing Bars
From Turkey; Final Results, Rescission of Antidumping Duty
Administrative Review in Part, and Determination Not To Revoke in Part,
69 FR 64731, 64732 (Nov. 8, 2004); Certain Steel Concrete Reinforcing
Bars From Turkey; Final Results, Rescission of Antidumping Duty
Administrative Review in Part, and Determination Not To Revoke in Part,
68 FR 53127, 53128 (Sept. 9, 2003).
Cost of Production
As discussed in the Preliminary Results, we conducted an
investigation to determine whether DMC made home market sales of the
foreign like product during the POR at prices below its cost of
production (COP) within the meaning of section 773(b)(1) of the Act. We
performed the cost test for these final results following the same
methodology as in the Preliminary Results.
We found that 20 percent or more of DMC's sales of a given product
during the reporting period were at prices less than the weighted-
average COP for this period. Thus, we determined that these below-cost
sales were made in ``substantial quantities'' within an extended period
of time and at prices which did not permit the recovery of all costs
within a reasonable period of time in the normal course of trade. See
sections 773(b)(2)(B) - (D) of the Act.
Therefore, for purposes of these final results, we found that DMC
made below-cost sales not in the ordinary course of trade.
Consequently, we disregarded these sales and used the remaining sales
as the basis for determining normal value pursuant to section 773(b)(1)
of the Act.
Facts Available
In the preliminary results, we determined that, in accordance with
section 776(a)(2)(A) of the Act, the use of facts available was
appropriate as the basis for the dumping margins for the
[[Page 4489]]
following producer/exporters: Boorim, Dae Kyung, Dine, and Dosko. We
find that it continues to be appropriate to apply facts available to
these respondents. Section 776(a) of the Act provides that the
Department will apply ``facts otherwise available'' if, inter alia,
necessary information is not available on the record or an interested
party: (1) Withholds information that has been requested by the
Department; (2) fails to provide such information within the deadlines
established, or in the form or manner requested by the Department,
subject to subsections (c)(1) and (e) of section 782 of the Act; (3)
significantly impedes a proceeding; or (4) provides such information,
but the information cannot be verified.
On August 19, 2005, the Department requested that Boorim, Dae
Kyung, Dine, and Dosko respond to the Department's antidumping duty
questionnaire. The deadline to file a response was September 27, 2005.
The Department did not receive a response from Boorim, Dae Kyung, Dine,
or Dosko. On November 4, 2005, the Department placed a memorandum on
the record with information regarding delivery confirmation of the
questionnaires to each company. See the November 4, 2005, memorandum to
the file from Brianne Riker entitled, ``Placing Information on the
Record of the 2004-2005 Antidumping Duty Administrative Review of
Stainless Steel Sheet and Strip in Coils from Korea.'' Thus, because
these companies did not respond to the Department's questionnaire, as
in the preliminary results, the Department must use facts otherwise
available with regard to Boorim, Dae Kyung, Dine, and Dosko, pursuant
to sections 776(a)(2)(A) and (C) of the Act of the Act. See Preliminary
Results, 71 FR at 18076.
Adverse Facts Available
In selecting from among the facts otherwise available, section
776(b) of the Act authorizes the Department to use an adverse inference
if the Department finds that an interested party failed to cooperate by
not acting to the best of its ability to comply with the request for
information. See, e.g., Notice of Final Results of Antidumping Duty
Administrative Review: Stainless Steel Bar from India, 70 FR 54023,
54025-26 (Sept. 13, 2005); see also Notice of Final Determination of
Sales at Less Than Fair Value and Final Negative Critical
Circumstances: Carbon and Certain Alloy Steel Wire Rod from Brazil, 67
FR 55792, 55794-96 (Aug. 30, 2002). Adverse inferences are appropriate
``to ensure that the party does not obtain a more favorable result by
failing to cooperate than if it had cooperated fully.'' See Statement
of Administrative Action accompanying the Uruguay Round Agreements Act,
H.R. Rep. No. 103-316, Vol. 1, at 870 (1994). Furthermore,
``affirmative evidence of bad faith on the part of a respondent is not
required before the Department may make an adverse inference.'' See
Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296,
27340 (May 19, 1997); Nippon Steel Corp. v. United States, 337 F.3d
1373, 1382 (Fed. Cir. 2003) (Nippon). We find that Boorim, Dae Kyung,
Dine, and Dosko did not act to the best of their abilities in this
proceeding, within the meaning of section 776(b) of the Act, because
they failed to respond to the Department's questionnaire. Therefore, an
adverse inference is warranted in selecting facts otherwise available.
See Nippon, 337 F.3d at 1382-83.
Section 776(b) of the Act provides that the Department may use as
adverse facts available (AFA), information derived from: 1) the
petition; 2) the final determination in the investigation; 3) any
previous review; or 4) any other information placed on the record.
The Department's practice, when selecting an AFA rate from among
the possible sources of information, has been to ensure that the margin
is sufficiently adverse ``as to effectuate the statutory purposes of
the adverse facts available rule to induce respondents to provide the
Department with complete and accurate information in a timely manner.''
See, e.g., Carbon and Certain Alloy Steel Wire Rod from Brazil: Notice
of Final Determination of Sales at Less Than Fair Value and Final
Negative Critical Circumstances, 67 FR 55792, 55796 (Aug. 30, 2002);
Notice of Final Determination of Sales at Less Than Fair Value: Static
Random Access Memory Semiconductors from Taiwan, 63 FR 8909, 8932 (Feb.
23, 1998). Additionally, the Department's practice has been to assign
the highest margin determined for any party in the less-than-fair-value
(LTFV) investigation or in any administrative review of a specific
order to respondents who have failed to cooperate with the Department.
See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, 71 FR 40064, 40066 (July 14, 2006); Final
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled
Flat-Rolled Carbon Quality Steel Products from the People's Republic of
China, 65 FR 34660 (May 31, 2000), and accompanying Issues and Decision
Memorandum at the ``Facts Available'' section.
In order to ensure that the margin is sufficiently adverse so as to
induce cooperation, we have assigned a rate of 58.79 percent, which was
the rate alleged in the petition, as adjusted at the initiation of the
LTFV investigation, to Boorim, Dae Kyung, Dine, and Dosko. This rate
was assigned in a previous segment of this proceeding and is the
highest rate determined for any respondent in any segment of this
proceeding. See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value: Stainless Steel Plate in Coils from the Republic
of Korea; and Stainless Steel Sheet and Strip in Coils from the
Republic of Korea, 66 FR 45279 (Aug. 28, 2001). The Department finds
that this rate is sufficiently high as to effectuate the purpose of the
facts available rule (i.e., we find that this rate is high enough to
encourage participation in future segments of this proceeding in
accordance with section 776(b) of the Act). We continue to find that
the information upon which this margin is based has sufficient
probative value to satisfy the requirements of section 776(c) of the
Act. See Preliminary Results, 71 FR at 18077.
Neither Boorim, Dae Kyung, Dine, Dosko nor any other interested
party submitted comments regarding the Department's preliminary
corroboration analysis for purposes of the final results. Therefore, we
have continued to assign to exports of the subject merchandise by
Boorim, Dae Kyung, Dine, and Dosko the rate of 58.79 percent.
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review and to which we have responded are listed in the
Appendix to this notice and addressed in the Issues and Decision
Memorandum (Decision Memo), which is adopted by this notice. Parties
can find a complete discussion of all issues raised in this review and
the corresponding recommendations in this public memorandum, which is
on file in the Central Records Unit, room B-099, of the main Department
building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at https://ia.ita.doc.gov/frn/. The paper
copy and electronic version of the Decision Memo are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made certain
changes in the margin calculation for DMC. These changes are discussed
in the relevant sections of the Decision Memo.
[[Page 4490]]
Final Results of Review
We determine that the following weighted-average margin percentages
exist for the period July 1, 2004, through June 30, 2005:
------------------------------------------------------------------------
Manufacturer/Producer/Exporter Margin Percentage
------------------------------------------------------------------------
Boorim Corporation.................................. 58.79
Dae Kyung Corporation............................... 58.79
DaiYang Metal Co., Ltd.............................. 3.77
Dine Trading Co., Ltd............................... 58.79
Dosko Co., Ltd...................................... 58.79
------------------------------------------------------------------------
Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1),
because we have the reported entered value of DMC's U.S. sales, we have
calculated importer-specific assessment rates for DMC based on the
ratio of the total amount of antidumping duties calculated for the
examined sales to the total entered value of those sales. For Boorim,
Dae Kyung, Dine, and Dosko, we will instruct CBP to liquidate entries
at the rates indicated above. The Department will issue appraisement
instructions directly to CBP. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know their merchandise was destined for the United States, as well as
any companies for which we are rescinding the review based on claims of
no shipments. 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).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of SSSSC from Korea entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Act: (1) The cash deposit rates
for the reviewed companies will be the rates indicated above; (2) for
previously investigated companies not listed above, 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, or in the LTFV investigation, but the manufacturer is, then the
cash deposit rate will be the rate established for the most recent
period for the manufacturer of the merchandise; and (4) the cash
deposit rate for all other manufacturers or exporters will continue to
be 2.49 percent, the All Others rate established in the LTFV
investigation.
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
Notification to Importers
This notice also 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 doubled antidumping duties.
This notice also serves as the only 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 notification of
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 this determination and notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix Issues in Decision Memo
1. Constructed Export Price (CEP) Offset
2. Offset for Countervailing (CVD) Duties
3. U.S. Indirect Selling Expense (ISE) Ratio
4. U.S. Date of Sale
5. Home Market Sale Date of Sale
6. Home Market Early Payment and Quantity Discounts
7. Home Market Credit Expenses
8. Whether to Apply an Adverse Inference to DMC's Reported Yield
Information
9. DMC's Hot Coil Purchases
[FR Doc. E7-1462 Filed 1-30-07; 8:45 am]
BILLING CODE 3510-DS-S