Steel Concrete Reinforcing Bar from The Republic of Korea: Notice of Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 18630-18632 [E7-7084]
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18630
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices
(‘‘POR’’) is August 1, 2006, to January
31, 2007. This review is now being
rescinded because Fashion Living
withdrew its request in a timely
manner.
EFFECTIVE DATE:
April 13, 2007.
FOR FURTHER INFORMATION CONTACT:
Nicole Bankhead, AD/CVD Operations,
Office 9, Import Administration, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, N.W., Room
4003, Washington, D.C. 20230;
telephone: (202) 482–9068.
SUPPLEMENTARY INFORMATION:
Background
On August 28, 1986, the Department
published in the Federal Register an
antidumping duty order covering
petroleum wax candles from the PRC.
See Antidumping Duty Order:
Petroleum Wax Candles From the
People’s Republic of China, 51 FR 30686
(August 28, 1986). On February 16,
2007, Fashion Living, requested, in
accordance with section 751(a)(2)(B) of
the Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.214(b), that the
Department conduct a new shipper
review of this antidumping duty order
covering the period August 1, 2006,
through January 31, 2007.
On March 19, 2007, the Department
initiated a new shipper review of
Fashion Living. See Fashion Living
Initiation. On March 20, 2007, Fashion
Living filed a letter withdrawing its
request for a new shipper review.
Rescission of Review
The Department’s regulations state
that if a party that requested a new
shipper review withdraws the request
within 60 days of the publication of the
notice of initiation of the requested
review, the Secretary will rescind the
review. See 19 CFR 351.214(f)(1).
Fashion Living withdrew its new
shipper review request within the 60day deadline. Accordingly, we are
rescinding this new shipper review of
the antidumping duty order on
petroleum wax candles from the PRC for
Fashion Living covering the period
August 1, 2006, through January 31,
2007.
pwalker on PROD1PC71 with NOTICES
Notification of Interested Parties
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 the antidumping
VerDate Aug<31>2005
17:52 Apr 12, 2007
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duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APOs’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. 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 terms of an APO is a violation that
is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(2)(B)
and 777(i) of the Act and 19 CFR
351.214(f)(3).
Dated: April 6, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–7051 Filed 4–12–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–580–844
Steel Concrete Reinforcing Bar from
The Republic of Korea: Notice of Final
Results and Final Partial Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 10, 2006, the
Department of Commerce published the
preliminary results of the 2004 - 2005
administrative review of the
antidumping duty order on steel
concrete reinforcing bars from the
Republic of Korea. The period of review
(POR) is September 1, 2004, through
August 31, 2005.
Based on our analysis of the
comments received, we have not made
changes in the margin calculations for
the companies covered by this review.
Therefore, the final results do not 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.’’
Furthermore, we are rescinding this
review with respect to Hanbo Iron &
Steel Co., Ltd. (Hanbo), INI Steel (INI)
and Kosteel Co., Ltd. (Kosteel), as
AGENCY:
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discussed below in the section entitled
‘‘Partial Rescission of Review.’’
EFFECTIVE DATE:
April 13, 2007.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova or Katherine
Johnson, 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- 1280 or
(202) 482–4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
The review covers the following
producers/exporters of the subject
merchandise: Dongkuk Steel Mill Co.,
Korea Iron and Steel Co., Hwanyoung
Steel Industries Co., Ltd. (collectively
DSM/KISCO/HSI or ‘‘the respondent’’),1
and Dongil Industries Co., Ltd (Dongil).
The period of review is September 1,
2004, through August 31, 2005.
October 10, 2006, the Department of
Commerce (the Department) published
the preliminary results of the
administrative review of the
antidumping duty order on steel
concrete reinforcing bars from the
Republic of Korea. See Steel Concrete
Reinforcing Bar From The Republic of
Korea: Notice of Preliminary Results
and Preliminary Rescission, in Part, of
Antidumping Duty Administrative
Review, 71 FR 59440 (October 10, 2006)
(Preliminary Results). We invited
interested parties to comment on the
Preliminary Results.
The petitioners filed a case brief on
December 12, 2006.2 The respondent
filed a rebuttal brief on December 18,
2006. The respondent requested a
hearing but subsequently withdrew its
request. In lieu of a hearing, the
petitioners and respondent requested
separate ex parte meetings to discuss
the yield strength model–matching
criterion issue raised in their briefs.
These ex parte meetings were held in
January and February 2007 (see January
29, 2007, and February 5, 2007,
memoranda to the file). We have
conducted this administrative review in
1 In the preliminarily results, we determined that
DSM, KISCO and HSI were affiliated and collapsed
them into a single entity for margin calculation
purposes because they met the regulatory criteria
for collapsing affiliated producers/exporters. No
interested party objected to our preliminary
determination to collapse these companies.
Therefore, for the final results margin calculation,
we have continued to treat these companies as a
single entity.
2 The petitioners are Nucor Corporation,
Commercial Metals Company, and Gerdau
Ameristeel Inc., collectively, Rebar Trade Action
Coalition.
E:\FR\FM\13APN1.SGM
13APN1
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The product covered by this order is
all rebar sold in straight lengths,
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item number 7214.20.00
or any other tariff item number.
Specifically excluded are plain rounds
(i.e., non–deformed or smooth bars) and
rebar that has been further processed
through bending or coating. The HTSUS
subheading is provided for convenience
and customs purposes. The written
description of the scope of this order is
dispositive.
pwalker on PROD1PC71 with NOTICES
Partial Rescission of Review
In the Preliminary Results, the
Department preliminarily rescinded the
review with respect to Hanbo, INI and
Kosteel because these companies
notified the Department that they had
no shipments of subject merchandise
during the POR. We confirmed these
claims with U.S. Customs and Border
Protection (CBP). Pursuant to 19 CFR
351.213(d)(3), the Department may
rescind an administrative review, in
whole or with respect to a particular
exporter or producer, if the Department
concludes that, during the period
covered by the review, there were no
entries, exports, or sales of the subject
merchandise. Because we found no
evidence of POR entries of subject
merchandise from these companies
based on our review of entry data from
CBP and we did not receive any
comments from interested parties on our
preliminary rescission decision, we are
rescinding this review with respect to
these companies. See, e.g., 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
(September 9, 2003) (after finding no
evidence of entries of subject
merchandise from two companies that
made ‘‘no–shipments’’ claims, the
Department stated that ‘‘consistent with
our practice, we are rescinding our
review for Diler and Ekinciler’’).
Analysis of Comments Received
The sole issue raised in the case and
rebuttal briefs by parties to this
antidumping duty administrative review
is addressed in the ‘‘Issues and Decision
Memorandum’’ (Decision Memo) from
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, to
David M. Spooner, Assistant Secretary
for Import Administration, dated April
9, 2007, which is hereby adopted by this
VerDate Aug<31>2005
17:52 Apr 12, 2007
Jkt 211001
notice. The issue which parties have
raised and to which we have responded
in the Decision Memo pertains to
model–matching criteria. Parties can
find a complete discussion of the issue
raised in this review and the
corresponding recommendation 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.
Facts Available
In the Preliminary Results, pursuant
to sections 776(a)(2)(A) and 776(b) of
the Act, we based the dumping margin
for Dongil on total adverse facts
available (AFA) because Dongil failed to
respond to the Department’s
antidumping questionnaire. A complete
explanation of the application of AFA
and the corroboration of the selected
AFA rate can be found in the
Preliminary Results, 71 FR at 59441–
59443. The Department has neither
received any comments from interested
parties with regard to its preliminary
decision to apply AFA to Dongil, nor
obtained any additional information
which would lead us to change that
decision. Accordingly, for the final
results, we continue to apply an AFA
rate of 102.28 percent to Dongil.
Final Results of Review
We determine that the following
weighted–average margin percentages
exist:
18631
percent). With respect to DSM/KISCO/
HSI, we calculated an importer–specific
assessment rate for the subject
merchandise by aggregating the
dumping margins calculated for all the
U.S. sales examined and dividing this
amount by the total entered value of the
sales examined.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). This
clarification will apply to entries of
subject merchandise during the POR
produced by DSM/KISCO/HSI included
in these final results of review for which
DSM/KISCO/HSI did not know its
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the ‘‘All Others’’ rate if there
is no rate for the intermediate
company(ies) involved in the
transaction.
With respect to the companies for
which this review was rescinded,
although they did not have any sales or
exports of subject merchandise to the
United States during the POR, their
subject merchandise may have entered
the United States during the POR under
their CBP antidumping case number by
way of intermediaries (without their
knowledge). Fifteen days after
publication of this notice, the
Department will instruct CBP to
liquidate such entries at the ‘‘All
Others’’ rate in effect on the date of the
entry. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Margin
(percent)
Cash Deposit Requirements
The following cash deposit
Dongkuk Steel Mill Co., Ltd./
requirements will be effective for all
Korea Iron and Steel Co., Ltd./
shipments of the subject merchandise
Hwanyoung Steel Industries
entered, or withdrawn from warehouse,
Co., Ltd. ..................................
0.00 for consumption on or after the
Dongil Industries Co., Ltd. ..........
102.28
publication date of the final results of
this administrative review, as provided
Assessment
by section 751(a)(1) of the Act: (1) no
The Department shall determine, and
cash deposit will be required for DSM/
CBP shall assess, antidumping duties on KISCO/HSI and the cash deposit rate for
all appropriate entries, in accordance
Dongil will be 102.28 percent; (2) for
with 19 CFR 351.212(b). The
previously reviewed or investigated
Department will issue assessment
companies not listed above, the cash
instructions directly to CBP 15 days
deposit rate will continue to be the
after the date of publication of these
company–specific rate published for the
final results of review. Pursuant to 19
most recent period; (3) if the exporter is
CFR 351.106(c)(2), we will instruct CBP not a firm covered in this review, a prior
to assess antidumping duties on all
review, or the original less–than-fair–
appropriate entries covered by this
value (LTFV) investigation, but the
review if any importer–specific
manufacturer is, the cash deposit rate
assessment rate calculated in the final
will be the rate established for the most
results of this review is above de
recent period for the manufacturer of
minimis (i.e., is not less than 0.50
the merchandise; and (4) the cash
PO 00000
Manufacturer/exporter
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18632
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Notices
deposit rate for all other manufacturers
or exporters will continue to be 22.89
percent. This rate is the ‘‘All Others’’
rate from the LTFV investigation. These
deposit requirements shall remain in
effect until further notice.
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 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
written 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 and 19 CFR 351.221.
Dated: April 9, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–7084 Filed 4–12–07; 8:45 am]
Advanced Technology Program
Advisory Committee
National Institute of Standards
and Technology; Department of
Commerce.
ACTION: Notice of partially closed
meeting.
AGENCY:
pwalker on PROD1PC71 with NOTICES
The
agenda will include an ATP Update and
a presentation on The Data Enclave. A
discussion scheduled to begin at 11 a.m.
and to end at 3 p.m. on May 15, 2007,
on ATP budget issues will be closed.
Agenda may change to accommodate
Committee business. The Assistant
Secretary for Administration, with the
concurrence of the General Counsel,
formally determined on January 9, 2007,
that portions of the meeting of the
Advanced Technology Program
Advisory Committee which involve
discussion of proposed funding of the
Advanced Technology Program may be
closed in accordance with 5 U.S.C.
552b(c)(9)(B), because that portion will
divulge matters the premature
disclosure of which would be likely to
significantly frustrate implementation of
proposed agency actions.
SUPPLEMENTARY INFORMATION:
National Institute of Standards and
Technology
SUMMARY: Pursuant to the Federal
Advisory Committee Act, 5 U.S.C. app.
2, notice is hereby given that the
Advanced Technology Program
Advisory Committee, National Institute
of Standards and Technology (NIST)
will meet Tuesday, May 15, 2007 from
8:30 a.m. to 3 p.m. The Advanced
Technology Program Advisory
Committee is composed of ten members
appointed by the Director of NIST who
Jkt 211001
The meeting will be held at
the National Institute of Standards and
Technology, Administration Building,
Employees’ Lounge, Gaithersburg,
Maryland 20899. All visitors to the
National Institute of Standards and
Technology site will have to pre-register
to be admitted. Please submit your
name, time of arrival, e-mail address
and phone number to Donna Paul no
later than Friday, May 11, and she will
provide you with instructions for
admittance. Ms. Paul’s e-mail address is
donna.paul@nist.gov and her phone
number is 301/975–2162.
ADDRESSES:
Donna Paul, National Institute of
Standards and Technology,
Gaithersburg, Maryland 20899–4700,
telephone number (301) 975–2162.
DEPARTMENT OF COMMERCE
17:52 Apr 12, 2007
The meeting will convene
Tuesday, May 15, at 8:30 a.m. and will
adjourn at 3 p.m. on Tuesday, May 15,
2007.
DATES:
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–DS–S
VerDate Aug<31>2005
are eminent in such fields as business,
research, new product development,
engineering, education, and
management consulting. The purpose of
this meeting is to review and make
recommendations regarding general
policy for the Advanced Technology
Program (ATP), its organization, its
budget, and its programs within the
framework of applicable national
policies as set forth by the President and
the Congress. The agenda will include
an ATP Update and a presentation on
‘‘The Data Enclave.’’ A discussion
scheduled to begin at 11 a.m. and to end
at 3 p.m. on May 15, 2007, on ATP
budget issues will be closed. Agenda
may change to accommodate Committee
business.
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Dated: April 5, 2007.
William Jeffrey,
Director.
[FR Doc. E7–7075 Filed 4–12–07; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Fire Codes: Request for
Proposals for Revision of Codes and
Standards
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The National Fire Protection
Association (NFPA) proposes to revise
some of its fire safety codes and
standards and requests proposals from
the public to amend existing or begin
the process of developing new NFPA
fire safety codes and standards. The
purpose of this request is to increase
public participation in the system used
by NFPA to develop its codes and
standards. The publication of this notice
of request for proposals by the National
Institute of Standards and Technology
(NIST) on behalf of NFPA is being
undertaken as a public service; NIST
does not necessarily endorse, approve,
or recommend any of the standards
referenced in the notice.
The NFPA process provides ample
opportunity for public participation in
the development of its codes and
standards. All NFPA codes and
standards are revised and updated every
three to five years in Revision Cycles
that begin twice each year and that takes
approximately two years to complete.
Each Revision Cycle proceeds according
to a published schedule that includes
final dates for all major events in the
process. The process contains five basic
steps that are followed both for
developing new documents as well as
revising existing documents. These
steps are: Calling for Proposals;
Publishing the Proposals in the Report
on Proposals (ROP); Calling for
Comments on the Committee’s
disposition of the proposals and these
Comments are published in the Report
on Comments (ROC); having a Technical
Report Session at the NFPA Annual
Meeting; and finally, the Standards
Council Consideration and Issuance of
documents.
Note: Under new rules effective Fall 2005,
anyone wishing to make Amending Motions
on the Technical Committee Reports (ROP
and ROC) must signal their intention by
submitting a Notice of Intent to Make a
Motion by the Deadline stated in the ROC.
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13APN1
]]>Agencies
[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Notices]
[Pages 18630-18632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7084]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-580-844
Steel Concrete Reinforcing Bar from The Republic of Korea: Notice
of Final Results and Final Partial Rescission of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 10, 2006, the Department of Commerce published the
preliminary results of the 2004 - 2005 administrative review of the
antidumping duty order on steel concrete reinforcing bars from the
Republic of Korea. The period of review (POR) is September 1, 2004,
through August 31, 2005.
Based on our analysis of the comments received, we have not made
changes in the margin calculations for the companies covered by this
review. Therefore, the final results do not 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.''
Furthermore, we are rescinding this review with respect to Hanbo
Iron & Steel Co., Ltd. (Hanbo), INI Steel (INI) and Kosteel Co., Ltd.
(Kosteel), as discussed below in the section entitled ``Partial
Rescission of Review.''
EFFECTIVE DATE: April 13, 2007.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Katherine
Johnson, 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- 1280 or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
The review covers the following producers/exporters of the subject
merchandise: Dongkuk Steel Mill Co., Korea Iron and Steel Co.,
Hwanyoung Steel Industries Co., Ltd. (collectively DSM/KISCO/HSI or
``the respondent''),\1\ and Dongil Industries Co., Ltd (Dongil). The
period of review is September 1, 2004, through August 31, 2005.
---------------------------------------------------------------------------
\1\ In the preliminarily results, we determined that DSM, KISCO
and HSI were affiliated and collapsed them into a single entity for
margin calculation purposes because they met the regulatory criteria
for collapsing affiliated producers/exporters. No interested party
objected to our preliminary determination to collapse these
companies. Therefore, for the final results margin calculation, we
have continued to treat these companies as a single entity.
---------------------------------------------------------------------------
October 10, 2006, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on steel concrete reinforcing bars from the
Republic of Korea. See Steel Concrete Reinforcing Bar From The Republic
of Korea: Notice of Preliminary Results and Preliminary Rescission, in
Part, of Antidumping Duty Administrative Review, 71 FR 59440 (October
10, 2006) (Preliminary Results). We invited interested parties to
comment on the Preliminary Results.
The petitioners filed a case brief on December 12, 2006.\2\ The
respondent filed a rebuttal brief on December 18, 2006. The respondent
requested a hearing but subsequently withdrew its request. In lieu of a
hearing, the petitioners and respondent requested separate ex parte
meetings to discuss the yield strength model-matching criterion issue
raised in their briefs. These ex parte meetings were held in January
and February 2007 (see January 29, 2007, and February 5, 2007,
memoranda to the file). We have conducted this administrative review in
[[Page 18631]]
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
---------------------------------------------------------------------------
\2\ The petitioners are Nucor Corporation, Commercial Metals
Company, and Gerdau Ameristeel Inc., collectively, Rebar Trade
Action Coalition.
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is all rebar sold in straight
lengths, currently classifiable in the Harmonized Tariff Schedule of
the United States (HTSUS) under item number 7214.20.00 or any other
tariff item number. Specifically excluded are plain rounds (i.e., non-
deformed or smooth bars) and rebar that has been further processed
through bending or coating. The HTSUS subheading is provided for
convenience and customs purposes. The written description of the scope
of this order is dispositive.
Partial Rescission of Review
In the Preliminary Results, the Department preliminarily rescinded
the review with respect to Hanbo, INI and Kosteel because these
companies notified the Department that they had no shipments of subject
merchandise during the POR. We confirmed these claims with U.S. Customs
and Border Protection (CBP). Pursuant to 19 CFR 351.213(d)(3), the
Department may rescind an administrative review, in whole or with
respect to a particular exporter or producer, if the Department
concludes that, during the period covered by the review, there were no
entries, exports, or sales of the subject merchandise. Because we found
no evidence of POR entries of subject merchandise from these companies
based on our review of entry data from CBP and we did not receive any
comments from interested parties on our preliminary rescission
decision, we are rescinding this review with respect to these
companies. See, e.g., 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 (September
9, 2003) (after finding no evidence of entries of subject merchandise
from two companies that made ``no-shipments'' claims, the Department
stated that ``consistent with our practice, we are rescinding our
review for Diler and Ekinciler'').
Analysis of Comments Received
The sole issue raised in the case and rebuttal briefs by parties to
this antidumping duty administrative review is addressed in the
``Issues and Decision Memorandum'' (Decision Memo) from Stephen J.
Claeys, Deputy Assistant Secretary for Import Administration, to David
M. Spooner, Assistant Secretary for Import Administration, dated April
9, 2007, which is hereby adopted by this notice. The issue which
parties have raised and to which we have responded in the Decision Memo
pertains to model-matching criteria. Parties can find a complete
discussion of the issue raised in this review and the corresponding
recommendation 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.
Facts Available
In the Preliminary Results, pursuant to sections 776(a)(2)(A) and
776(b) of the Act, we based the dumping margin for Dongil on total
adverse facts available (AFA) because Dongil failed to respond to the
Department's antidumping questionnaire. A complete explanation of the
application of AFA and the corroboration of the selected AFA rate can
be found in the Preliminary Results, 71 FR at 59441-59443. The
Department has neither received any comments from interested parties
with regard to its preliminary decision to apply AFA to Dongil, nor
obtained any additional information which would lead us to change that
decision. Accordingly, for the final results, we continue to apply an
AFA rate of 102.28 percent to Dongil.
Final Results of Review
We determine that the following weighted-average margin percentages
exist:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd./Korea Iron and Steel Co., Ltd./ 0.00
Hwanyoung Steel Industries Co., Ltd........................
Dongil Industries Co., Ltd.................................. 102.28
------------------------------------------------------------------------
Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries, in accordance with 19 CFR
351.212(b). The Department will issue assessment instructions directly
to CBP 15 days after the date of publication of these final results of
review. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review if any importer-specific assessment rate calculated in the final
results of this review is above de minimis (i.e., is not less than 0.50
percent). With respect to DSM/KISCO/HSI, we calculated an importer-
specific assessment rate for the subject merchandise by aggregating the
dumping margins calculated for all the U.S. sales examined and dividing
this amount by the total entered value of the sales examined.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This
clarification will apply to entries of subject merchandise during the
POR produced by DSM/KISCO/HSI included in these final results of review
for which DSM/KISCO/HSI did not know its merchandise was destined for
the United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the ``All Others'' rate if there is no rate for
the intermediate company(ies) involved in the transaction.
With respect to the companies for which this review was rescinded,
although they did not have any sales or exports of subject merchandise
to the United States during the POR, their subject merchandise may have
entered the United States during the POR under their CBP antidumping
case number by way of intermediaries (without their knowledge). Fifteen
days after publication of this notice, the Department will instruct CBP
to liquidate such entries at the ``All Others'' rate in effect on the
date of the entry. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(1) of the Act: (1) no cash deposit will be required for DSM/
KISCO/HSI and the cash deposit rate for Dongil will be 102.28 percent;
(2) for previously reviewed or 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, a prior review, or the original less-than-fair-
value (LTFV) 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; and (4) the cash
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deposit rate for all other manufacturers or exporters will continue to
be 22.89 percent. This rate is the ``All Others'' rate from the LTFV
investigation. These deposit requirements shall remain in effect until
further notice.
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 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 written
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 and 19 CFR
351.221.
Dated: April 9, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-7084 Filed 4-12-07; 8:45 am]
BILLING CODE 3510-DS-S
