Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review in Part, 15132-15134 [E8-5780]
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15132
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the EAR, or in any other
activity subject to the EAR; or
C. Benefiting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the EAR, or in any
other activity subject to the EAR.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export or reexport to or on behalf
of any Denied Person any item subject
to the EAR;
B. Take any action that facilitates the
acquisition or attempted acquisition by
any Denied Person of the ownership,
possession, or control of any item
subject to the EAR that has been or will
be exported from the United States,
including financing or other support
activities related to a transaction
whereby any Denied Person acquires or
attempts to acquire such ownership,
possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from any Denied Person of
any item subject to the EAR that has
been exported from the United States;
D. Obtain from any Denied Person in
the United States any item subject to the
EAR with knowledge or reason to know
that the item will be, or is intended to
be, exported from the United States; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by any Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by any Denied Person if such
service involves the use of any item
subject to the EAR that has been or will
be exported from the United States. For
purposes of this paragraph, servicing
means installation, maintenance, repair,
modification or testing.
Third, that after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to any of the
Respondents by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services
may also be made subject to the
provisions of this Order.
Fourth, that this Order does not
prohibit any export, reexport, or other
transaction subject to the EAR where the
only items involved that are subject to
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the EAR are the foreign-produced direct
product of U.S.-origin technology.
In accordance with the provisions of
Section 766.24(e) of the EAR, the
Respondents may, at any time, appeal
this Order by filing a full written
statement in support of the appeal with
the Office of the Administrative Law
Judge, U.S. Coast Guard ALJ Docketing
Center, 40 South Gay Street, Baltimore,
Maryland 21202–4022.
In accordance with the provisions of
Section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. The
Respondents may oppose a request to
renew this Order by filing a written
submission with the Assistant Secretary
for Export Enforcement, which must be
received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be served
on the Respondents and shall be
published in the Federal Register.
This Order is effective upon date of
publication in the Federal Register and
shall remain in effect for 180 days.
Entered this 17th day of March, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. E8–5758 Filed 3–20–08; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–836]
Certain Cut–to-Length Carbon–Quality
Steel Plate Products From the
Republic of Korea: Final Results of
Antidumping Duty Administrative
Review and Rescission of
Administrative Review in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 23, 2007, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on certain
cut-to-length carbon-quality steel plate
products (steel plate) from the Republic
of Korea. The period of review is
February 1, 2006, through January 31,
2007. We gave interested parties an
opportunity to comment on the
preliminary results. Based on our
analysis of the comments received and
an examination of our calculations, we
have made changes for the final results.
The final weighted-average dumping
margins are listed below in the ‘‘Final
AGENCY:
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Results of the Review’’ section of this
notice.
EFFECTIVE DATE: March 21, 2008.
FOR FURTHER INFORMATION CONTACT: Lyn
Johnson or Minoo Hatten, AD/CVD
Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230,
telephone: (202) 482–5287 and (202)
482–1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 23, 2007, the
Department published Certain Cut-toLength Carbon-Quality Steel Plate
Products from the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review and Intent
to Rescind Administrative Review in
Part, 72 FR 65701 (November 23, 2007)
(Preliminary Results), in the Federal
Register. The administrative review
covers three producers/exporters of the
subject merchandise.
We invited parties to comment on the
Preliminary Results. On December 26,
2007, we received a case brief from
Dongkuk Steel Mill Co., Ltd. (DSM),
producer and importer of the subject
merchandise. On January 3, 2008, we
received a rebuttal brief from Nucor
Corporation (Nucor), a domestic
producer and interested party. No
hearing was requested.
We have conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the
antidumping duty order are certain hotrolled carbon-quality steel: (1) Universal
mill plates (i.e., flat-rolled products
rolled on four faces or in a closed box
pass, of a width exceeding 150 mm but
not exceeding 1250 mm, and of a
nominal or actual thickness of not less
than 4 mm, which are cut-to-length (not
in coils) and without patterns in relief),
of iron or non-alloy-quality steel; and (2)
flat-rolled products, hot-rolled, of a
nominal or actual thickness of 4.75 mm
or more and of a width which exceeds
150 mm and measures at least twice the
thickness, and which are cut-to-length
(not in coils). Steel products included in
the scope of the order are of rectangular,
square, circular, or other shape and of
rectangular or non-rectangular crosssection where such non-rectangular
cross-section is achieved subsequent to
the rolling process (i.e., products which
have been ‘‘worked after rolling’’)—for
example, products which have been
beveled or rounded at the edges. Steel
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products that meet the noted physical
characteristics that are painted,
varnished, or coated with plastic or
other non-metallic substances are
included within this scope. Also,
specifically included in the scope of the
order are high strength, low alloy
(HSLA) steels. HSLA steels are
recognized as steels with micro-alloying
levels of elements such as chromium,
copper, niobium, titanium, vanadium,
and molybdenum. Steel products
included in this scope, regardless of
Harmonized Tariff Schedule of the
United States (HTSUS) definitions, are
products in which: (1) Iron
predominates, by weight, over each of
the other contained elements, (2) the
carbon content is two percent or less, by
weight, and (3) none of the elements
listed below is equal to or exceeds the
quantity, by weight, respectively
indicated: 1.80 percent of manganese, or
1.50 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum,
or 1.25 percent of chromium, or 0.30
percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of
niobium, or 0.41 percent of titanium, or
0.15 percent of vanadium, or 0.15
percent zirconium. All products that
meet the written physical description,
and in which the chemistry quantities
do not equal or exceed any one of the
levels listed above, are within the scope
of the order unless otherwise
specifically excluded. The following
products are specifically excluded from
the order: (1) Products clad, plated, or
coated with metal, whether or not
painted, varnished or coated with
plastic or other non-metallic substances;
(2) SAE grades (formerly AISI grades) of
series 2300 and above; (3) products
made to ASTM A710 and A736 or their
proprietary equivalents; (4) abrasionresistant steels (i.e., USS AR 400, USS
AR 500); (5) products made to ASTM
A202, A225, A514 grade S, A517 grade
S, or their proprietary equivalents; (6)
ball bearing steels; (7) tool steels; and (8)
silicon manganese steel or silicon
electric steel. Imports of steel plate are
currently classified in the HTSUS under
subheadings 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7208.53.0000,
7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7211.90.0000, 7212.40.1000,
7212.40.5000, 7212.50.0000,
7225.40.3050, 7225.40.7000,
7225.50.6000, 7225.99.0090,
7226.91.5000, 7226.91.7000,
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18:33 Mar 20, 2008
Jkt 214001
7226.91.8000, and 7226.99.0000. The
HTSUS subheadings are provided for
convenience and customs purposes. The
written description of the merchandise
covered by the order is dispositive.
Rescission of Administrative Review in
Part
In the Preliminary Results, we
explained that DSEC Co., Ltd., a
subsidiary of Daewoo Shipbuilding &
Marine Engineering (DSEC), reported
that it had no shipments of subject
merchandise subject to this review and
that our review of information from U.S.
Customs and Border Protection (CBP)
supported DSEC’s claim. Additionally,
we stated that we would rescind the
review with respect to DSEC if we
continued to find that DSEC did not
have any shipments of subject
merchandise to the United States during
the period of review. See Preliminary
Results, 72 FR at 65702. Because we
have not received any information
indicating that DSEC had any shipments
of subject merchandise during the POR,
we are rescinding the administrative
review with respect to DSEC.
Use of Adverse Facts Available
We determined in the Preliminary
Results that, because TC Steel failed to
provide any information to the
Department within the meaning of
section 776(a)(2) of the Act, we must
rely entirely on facts available. We
determined further that, because TC
Steel failed to cooperate to the best of
its ability, in accordance with 776(b) of
the Act the use of an adverse inference
is warranted. See Preliminary Results,
72 FR at 65702.
Because we have not received any
information since the Preliminary
Results which affects our analysis of the
use of facts available for TC Steel, we
continue to assign the highest productspecific margin, 32.70 percent, which
we have calculated in this review based
on the data reported by a respondent. As
we stated in the Preliminary Results, we
selected this rate because we have never
reviewed TC Steel in a prior segment of
this proceeding and we do not have any
additional information about this
company. Moreover, this rate is
sufficiently high as to reasonably assure
that TC Steel does not obtain a more
favorable result by failing to cooperate.
Finally, given that this information was
reported to the Department in the
instant segment of the proceeding, there
is no basis to doubt this information’s
reliability and relevance as applied in
this segment to TC Steel. See generally
the SAA at 870 (discussing the need to
corroborate information used as facts
available when that information was
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15133
reported to the Department in a prior
segment of an AD/CVD proceeding).
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs are addressed in the
‘‘Issues and Decision Memorandum’’
(Decision Memorandum) from Stephen
J. Claeys, Deputy Assistant Secretary, to
David M. Spooner, Assistant Secretary,
dated March 14, 2008, which is hereby
adopted by this notice. A list of the
issues which parties have raised and to
which we have responded is in the
Decision Memorandum and attached to
this notice as an Appendix. The
Decision Memorandum, which is a
public document, is on file in the
Central Records Unit, main Department
building, Room 1117 and accessible on
the Web at https://ia.ita.doc.gov/frn/
index. html. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we revised the
product-comparison section of the
margin-calculation program for DSM.
This revision is discussed in the
Decision Memorandum at Comment 1.
We also corrected a ministerial error
involving the currency conversion for
inventory carrying costs. Specifically,
we converted the variable used for this
cost from Korean won to U.S. dollars,
but in the Preliminary Results we
neglected to use the converted variable
in our calculations. The correction of
this ministerial error had no impact on
the dumping margin. See the Final
Analysis Memorandum for DSM dated
March 14, 2008, for more detailed
information on these changes.
Final Results of Review
As a result of our review, we
determine that the following weightedaverage dumping margins exist for the
period February 1, 2006, through
January 31, 2007:
Manufacturer/Exporter
Dongkuk Steel Mill Co., Ltd. .......
TC Steel ......................................
Margin
(percent)
1.97
32.70
Assessment Rates
Upon issuance of these final results,
the Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries. In accordance
with 19 CFR 351.212(b)(1), for DSM, we
calculated an importer-specific
assessment rate for these final results of
review. We divided the total dumping
margins for the reviewed sales by the
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
total entered value of those reviewed
sales for the importer. We will instruct
CBP to assess the importer-specific rate
uniformly, as appropriate, on all entries
of subject merchandise made by the
relevant importer during the POR. See
19 CFR 351.212(b).
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) (Assessment of
Antidumping Duties). This clarification
will apply to entries of subject
merchandise during the POR produced
by DSM for which DSM did not know
its merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries of DSM-produced merchandise
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
Assessment of Antidumping Duties.
Because we are relying on total
adverse facts available to establish TC
Steel’s dumping margin, we will
instruct CBP to apply a dumping margin
of 32.70 percent to all entries of subject
merchandise during the POR that were
produced and/or exported by TC Steel.
The Department will issue liquidation
instructions to CBP 15 days after the
publication of these final results of
review.
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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 steel plate from Korea entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) the cashdeposit rates for the reviewed
companies will be the rates established
in the final results of this review; (2) for
previously reviewed or investigated
companies not listed above, the cashdeposit 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 less-than-fair-value
investigation but the manufacturer is,
the cash-deposit rate will be the rate
established for the most recent period
for the manufacturer of the
merchandise; (4) if neither the exporter
nor the manufacturer has its own rate,
the cash-deposit rate will be 0.98
percent, the all-others rate established
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18:33 Mar 20, 2008
Jkt 214001
in the LTFV investigation,1 adjusted for
the export-subsidy rate in the
companion countervailing duty
investigation.2 These deposit
requirements shall remain in effect until
further notice.
Notification
This notice serves as a 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
These final results of administrative
review are issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: March 14, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
List of Issues Addressed in the Issues
and Decision Memorandum
Comment 1 Product Matching
Comment 2 Offsetting Positive Margins
With Negative Margins
[FR Doc. E8–5780 Filed 3–20–08; 8:45 am]
BILLING CODE 3510–DS–S
1 See Notice of Final Determination of Sales at
Less Than Fair Value: Certain Cut-To-Length
Carbon-Quality Steel Plate Products from Korea, 64
FR 73196, 73214 (December 29, 1999).
2 See Final Affirmative Countervailing Duty
Determination: Certain Cut-to-Length CarbonQuality Steel Plate From the Republic of Korea, 64
FR 73176, 731818—86 (December 29, 1999), as
amended in Notice of Amended Final
Determinations: Certain Cut-to-Length CarbonQuality Steel Plate From India and the Republic of
Korea, 65 FR 6587, 6588 (February 10, 2000).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–337–806]
Certain Individually Quick Frozen Red
Raspberries from Chile: Notice of
Extension of Time Limit for Preliminary
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 21, 2008.
FOR FURTHER INFORMATION CONTACT:
David Neubacher or Nancy Decker, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–5823 or (202) 482–
0196, respectively.
AGENCY:
Statutory Time Limits
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department of Commerce
(‘‘Department’’) to issue the preliminary
results of an administrative review
within 245 days after the last day of the
anniversary month of an order for which
a review is requested and a final
determination within 120 days after the
date on which the preliminary results
are published. If it is not practicable to
complete the review within the time
period, section 751(a)(3)(A) of the Act
allows the Department to extend these
deadlines to a maximum of 365 days
and 180 days, respectively.
Background
On August 24, 2007, the Department
published in the Federal Register a
notice of initiation of administrative
review of the antidumping duty order
on individually quick frozen red
raspberries from Chile, covering the
period July 1, 2006, through June 30,
2007. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 72 FR 48613 (August 24, 2007).
The preliminary results for this
administrative review are currently due
no later than April 1, 2008.
Extension of Time Limits for
Preliminary Results
The Department requires additional
time to review and analyze the sales and
cost information submitted by the
respondent in this administrative
review because this review involves
complex cost accounting issues. Thus, it
is not practicable to complete this
review within the original time limit
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]]>Agencies
[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Pages 15132-15134]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5780]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate Products From
the Republic of Korea: Final Results of Antidumping Duty Administrative
Review and Rescission of Administrative Review in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 23, 2007, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on certain cut-to-length carbon-
quality steel plate products (steel plate) from the Republic of Korea.
The period of review is February 1, 2006, through January 31, 2007. We
gave interested parties an opportunity to comment on the preliminary
results. Based on our analysis of the comments received and an
examination of our calculations, we have made changes for the final
results. The final weighted-average dumping margins are listed below in
the ``Final Results of the Review'' section of this notice.
EFFECTIVE DATE: March 21, 2008.
FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Minoo Hatten, AD/CVD
Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
5287 and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 23, 2007, the Department published Certain Cut-to-
Length Carbon-Quality Steel Plate Products from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Intent to Rescind Administrative Review in Part, 72 FR 65701 (November
23, 2007) (Preliminary Results), in the Federal Register. The
administrative review covers three producers/exporters of the subject
merchandise.
We invited parties to comment on the Preliminary Results. On
December 26, 2007, we received a case brief from Dongkuk Steel Mill
Co., Ltd. (DSM), producer and importer of the subject merchandise. On
January 3, 2008, we received a rebuttal brief from Nucor Corporation
(Nucor), a domestic producer and interested party. No hearing was
requested.
We have conducted this review in accordance with section 751(a) of
the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the antidumping duty order are certain hot-
rolled carbon-quality steel: (1) Universal mill plates (i.e., flat-
rolled products rolled on four faces or in a closed box pass, of a
width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or
actual thickness of not less than 4 mm, which are cut-to-length (not in
coils) and without patterns in relief), of iron or non-alloy-quality
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual
thickness of 4.75 mm or more and of a width which exceeds 150 mm and
measures at least twice the thickness, and which are cut-to-length (not
in coils). Steel products included in the scope of the order are of
rectangular, square, circular, or other shape and of rectangular or
non-rectangular cross-section where such non-rectangular cross-section
is achieved subsequent to the rolling process (i.e., products which
have been ``worked after rolling'')--for example, products which have
been beveled or rounded at the edges. Steel
[[Page 15133]]
products that meet the noted physical characteristics that are painted,
varnished, or coated with plastic or other non-metallic substances are
included within this scope. Also, specifically included in the scope of
the order are high strength, low alloy (HSLA) steels. HSLA steels are
recognized as steels with micro-alloying levels of elements such as
chromium, copper, niobium, titanium, vanadium, and molybdenum. Steel
products included in this scope, regardless of Harmonized Tariff
Schedule of the United States (HTSUS) definitions, are products in
which: (1) Iron predominates, by weight, over each of the other
contained elements, (2) the carbon content is two percent or less, by
weight, and (3) none of the elements listed below is equal to or
exceeds the quantity, by weight, respectively indicated: 1.80 percent
of manganese, or 1.50 percent of silicon, or 1.00 percent of copper, or
0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent
of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of
niobium, or 0.41 percent of titanium, or 0.15 percent of vanadium, or
0.15 percent zirconium. All products that meet the written physical
description, and in which the chemistry quantities do not equal or
exceed any one of the levels listed above, are within the scope of the
order unless otherwise specifically excluded. The following products
are specifically excluded from the order: (1) Products clad, plated, or
coated with metal, whether or not painted, varnished or coated with
plastic or other non-metallic substances; (2) SAE grades (formerly AISI
grades) of series 2300 and above; (3) products made to ASTM A710 and
A736 or their proprietary equivalents; (4) abrasion-resistant steels
(i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225,
A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball
bearing steels; (7) tool steels; and (8) silicon manganese steel or
silicon electric steel. Imports of steel plate are currently classified
in the HTSUS under subheadings 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030,
7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000,
7226.91.7000, 7226.91.8000, and 7226.99.0000. The HTSUS subheadings are
provided for convenience and customs purposes. The written description
of the merchandise covered by the order is dispositive.
Rescission of Administrative Review in Part
In the Preliminary Results, we explained that DSEC Co., Ltd., a
subsidiary of Daewoo Shipbuilding & Marine Engineering (DSEC), reported
that it had no shipments of subject merchandise subject to this review
and that our review of information from U.S. Customs and Border
Protection (CBP) supported DSEC's claim. Additionally, we stated that
we would rescind the review with respect to DSEC if we continued to
find that DSEC did not have any shipments of subject merchandise to the
United States during the period of review. See Preliminary Results, 72
FR at 65702. Because we have not received any information indicating
that DSEC had any shipments of subject merchandise during the POR, we
are rescinding the administrative review with respect to DSEC.
Use of Adverse Facts Available
We determined in the Preliminary Results that, because TC Steel
failed to provide any information to the Department within the meaning
of section 776(a)(2) of the Act, we must rely entirely on facts
available. We determined further that, because TC Steel failed to
cooperate to the best of its ability, in accordance with 776(b) of the
Act the use of an adverse inference is warranted. See Preliminary
Results, 72 FR at 65702.
Because we have not received any information since the Preliminary
Results which affects our analysis of the use of facts available for TC
Steel, we continue to assign the highest product-specific margin, 32.70
percent, which we have calculated in this review based on the data
reported by a respondent. As we stated in the Preliminary Results, we
selected this rate because we have never reviewed TC Steel in a prior
segment of this proceeding and we do not have any additional
information about this company. Moreover, this rate is sufficiently
high as to reasonably assure that TC Steel does not obtain a more
favorable result by failing to cooperate. Finally, given that this
information was reported to the Department in the instant segment of
the proceeding, there is no basis to doubt this information's
reliability and relevance as applied in this segment to TC Steel. See
generally the SAA at 870 (discussing the need to corroborate
information used as facts available when that information was reported
to the Department in a prior segment of an AD/CVD proceeding).
Analysis of Comments Received
The issues raised in the case and rebuttal briefs are addressed in
the ``Issues and Decision Memorandum'' (Decision Memorandum) from
Stephen J. Claeys, Deputy Assistant Secretary, to David M. Spooner,
Assistant Secretary, dated March 14, 2008, which is hereby adopted by
this notice. A list of the issues which parties have raised and to
which we have responded is in the Decision Memorandum and attached to
this notice as an Appendix. The Decision Memorandum, which is a public
document, is on file in the Central Records Unit, main Department
building, Room 1117 and accessible on the Web at https://ia.ita.doc.gov/
frn/index. html. The paper copy and electronic version of the Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we revised the
product-comparison section of the margin-calculation program for DSM.
This revision is discussed in the Decision Memorandum at Comment 1. We
also corrected a ministerial error involving the currency conversion
for inventory carrying costs. Specifically, we converted the variable
used for this cost from Korean won to U.S. dollars, but in the
Preliminary Results we neglected to use the converted variable in our
calculations. The correction of this ministerial error had no impact on
the dumping margin. See the Final Analysis Memorandum for DSM dated
March 14, 2008, for more detailed information on these changes.
Final Results of Review
As a result of our review, we determine that the following
weighted-average dumping margins exist for the period February 1, 2006,
through January 31, 2007:
------------------------------------------------------------------------
Margin
Manufacturer/Exporter (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd................................. 1.97
TC Steel.................................................... 32.70
------------------------------------------------------------------------
Assessment Rates
Upon issuance of these final results, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1), for DSM, we
calculated an importer-specific assessment rate for these final results
of review. We divided the total dumping margins for the reviewed sales
by the
[[Page 15134]]
total entered value of those reviewed sales for the importer. We will
instruct CBP to assess the importer-specific rate uniformly, as
appropriate, on all entries of subject merchandise made by the relevant
importer during the POR. See 19 CFR 351.212(b).
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) (Assessment
of Antidumping Duties). This clarification will apply to entries of
subject merchandise during the POR produced by DSM for which DSM did
not know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries of DSM-
produced merchandise 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 Assessment of Antidumping Duties.
Because we are relying on total adverse facts available to
establish TC Steel's dumping margin, we will instruct CBP to apply a
dumping margin of 32.70 percent to all entries of subject merchandise
during the POR that were produced and/or exported by TC Steel.
The Department will issue liquidation instructions to CBP 15 days
after the publication of these final results of review.
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 steel plate from Korea entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(2)(C) of the Act: (1) the cash-deposit rates
for the reviewed companies will be the rates established in the final
results of this review; (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 less-than-fair-value investigation but the manufacturer is, the
cash-deposit rate will be the rate established for the most recent
period for the manufacturer of the merchandise; (4) if neither the
exporter nor the manufacturer has its own rate, the cash-deposit rate
will be 0.98 percent, the all-others rate established in the LTFV
investigation,\1\ adjusted for the export-subsidy rate in the companion
countervailing duty investigation.\2\ These deposit requirements shall
remain in effect until further notice.
---------------------------------------------------------------------------
\1\ See Notice of Final Determination of Sales at Less Than Fair
Value: Certain Cut-To-Length Carbon-Quality Steel Plate Products
from Korea, 64 FR 73196, 73214 (December 29, 1999).
\2\ See Final Affirmative Countervailing Duty Determination:
Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic
of Korea, 64 FR 73176, 731818--86 (December 29, 1999), as amended in
Notice of Amended Final Determinations: Certain Cut-to-Length
Carbon-Quality Steel Plate From India and the Republic of Korea, 65
FR 6587, 6588 (February 10, 2000).
---------------------------------------------------------------------------
Notification
This notice serves as a 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a sanctionable violation.
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: March 14, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
List of Issues Addressed in the Issues and Decision Memorandum
Comment 1 Product Matching
Comment 2 Offsetting Positive Margins With Negative Margins
[FR Doc. E8-5780 Filed 3-20-08; 8:45 am]
BILLING CODE 3510-DS-S
