Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Notice of Final Results of Antidumping Duty New Shipper Review, 35366-35368 [E8-14129]
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35366
Notices
Federal Register
Vol. 73, No. 121
Monday, June 23, 2008
This section of the FEDERAL REGISTER
contains documents other than rules or
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public. Notices of hearings and investigations,
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establishes that the grant of the license
would not be consistent with the
requirements of 35 U.S.C. 209 and 37
CFR 404.7.
Richard J. Brenner,
Assistant Administrator.
[FR Doc. E8–14055 Filed 6–20–08; 8:45 am]
requirements of 35 U.S.C. 209 and 37
CFR 404.7.
Richard J. Brenner,
Assistant Administrator.
[FR Doc. E8–14058 Filed 6–20–08; 8:45 am]
BILLING CODE 3410–03–P
BILLING CODE 3410–03–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF AGRICULTURE
DEPARTMENT OF AGRICULTURE
International Trade Administration
Agricultural Research Service
Agricultural Research Service
(A–580–816)
Notice of Intent To Grant Exclusive
License
Notice of Intent To Grant Exclusive
License
AGENCY:
Agricultural Research Service,
USDA.
ACTION: Notice of intent.
AGENCY:
Certain Corrosion–Resistant Carbon
Steel Flat Products from the Republic
of Korea: Notice of Final Results of
Antidumping Duty New Shipper
Review
Notice is hereby given that
the U.S. Department of Agriculture,
Agricultural Research Service, intends
to grant to Enhanced Technologies, Inc.
of Greenville, Mississippi an exclusive
license to U.S. Patent No. 6,325,215,
‘‘Method and Apparatus for Separating
Elastomeric Particulates and Fibers from
a Pulverized Mixture’’, issued on
December 4, 2001.
DATES: Comments must be received
within thirty (30) days of the date of
publication of this Notice in the Federal
Register.
ADDRESSES: Send comments to: USDA,
ARS, Office of Technology Transfer,
5601 Sunnyside Avenue, Rm. 4–1174,
Beltsville, Maryland 20705–5131.
FOR FURTHER INFORMATION CONTACT: June
Blalock of the Office of Technology
Transfer at the Beltsville address given
above; telephone: 301–504–5989.
SUPPLEMENTARY INFORMATION: The
Federal Government’s patent rights in
this invention are assigned to the United
States of America, as represented by the
Secretary of Agriculture. It is in the
public interest to so license this
invention as Enhanced Technologies,
Inc. of Greenville, Mississippi has
submitted a complete and sufficient
application for a license. The
prospective exclusive license will be
royalty-bearing and will comply with
the terms and conditions of 35 U.S.C.
209 and 37 CFR 404.7. The prospective
exclusive license may be granted unless,
within thirty (30) days from the date of
this published Notice, the Agricultural
Research Service receives written
evidence and argument, which
Notice is hereby given that
the U.S. Department of Agriculture,
Agricultural Research Service, intends
to grant to Global Protein Products of
Winslow, Maine, an exclusive license to
U.S. Patent Application Serial No. 11/
728,700, ‘‘Decolorization/Deodorization
of Corn Zein Products’’, filed on March
27, 2007.
DATES: Comments must be received
within thirty (30) days of the date of
publication of this Notice in the Federal
Register.
ADDRESSES: Send comments to: USDA,
ARS, Office of Technology Transfer,
5601 Sunnyside Avenue, Rm. 4–1174,
Beltsville, Maryland 20705–5131.
FOR FURTHER INFORMATION CONTACT: June
Blalock of the Office of Technology
Transfer at the Beltsville address given
above; telephone: 301–504–5989.
SUPPLEMENTARY INFORMATION: The
Federal Government’s patent rights in
this invention are assigned to the United
States of America, as represented by the
Secretary of Agriculture. It is in the
public interest to so license this
invention as Global Protein Products of
Winslow, Maine has submitted a
complete and sufficient application for
a license. The prospective exclusive
license will be royalty-bearing and will
comply with the terms and conditions
of 35 U.S.C. 209 and 37 CFR 404.7. The
prospective exclusive license may be
granted unless, within thirty (30) days
from the date of this published Notice,
the Agricultural Research Service
receives written evidence and argument,
which establishes that the grant of the
license would not be consistent with the
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SUMMARY:
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Agricultural Research Service,
USDA.
ACTION: Notice of intent.
SUMMARY:
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Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On January 23, 2008, the
Department of Commerce (the
Department) published the preliminary
results of the new shipper review of the
antidumping duty order on certain
corrosion–resistant carbon steel
products (CORE) from the Republic of
Korea (Korea). This review covers
Haewon MSC Co. Ltd. (Haewon). Based
on our analysis of comments received1
concerning our preliminary results, we
have made certain changes to these final
results in the section listed as Changes
Since the Preliminary Results. The final
results are listed in the section Final
Results of Review below.
EFFECTIVE DATE: June 23, 2008.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or George McMahon, AD/
CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone at (202) 482–5075, or (202)
482–1167, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
1 Case briefs and rebuttal briefs were submitted by
the following domestic interested parties and
respondent: On February 22, 2008, United States
Steel Corporation (US Steel), and Nucor
Corporation (Nucor) (collectively, the petitioners)
filed case briefs (respectively, US Steel’s Case Brief,
and Nucor’s Case Brief). On February 29, 2008, US
Steel, and Nucor filed rebuttal briefs (respectively,
US Steel’s Rebuttal Brief, and Nucor’s Rebuttal
Brief). On February 22, 2008, Haewon MSC Co. Ltd.
(Haewon) filed a case brief (Haewon’s Case Brief).
On February 29, 2008, respondent filed a rebuttal
brief (Haewon’s Rebuttal Brief).
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Federal Register / Vol. 73, No. 121 / Monday, June 23, 2008 / Notices
mmaher on PROD1PC70 with NOTICES
Background
On January 23, 2008, the Department
published the preliminary results of the
new shipper review of the antidumping
duty order on CORE from Korea. See
Certain Corrosion–Resistant Carbon
Steel Flat Products from the Republic of
Korea: Notice of Preliminary Results of
Antidumping Duty New Shipper Review,
73 FR 3925 (January 23, 2008)
(Preliminary Results).
Scope of the Order
This order covers flat–rolled carbon
steel products, of rectangular shape,
either clad, plated, or coated with
corrosion–resistant metals such as zinc,
aluminum, or zinc-, aluminum-, nickelor iron–based alloys, whether or not
corrugated or painted, varnished or
coated with plastics or other
nonmetallic substances in addition to
the metallic coating, in coils (whether or
not in successively superimposed
layers) and of a width of 0.5 inch or
greater, or in straight lengths which, if
of a thickness less than 4.75 millimeters,
are of a width of 0.5 inch or greater and
which measures at least 10 times the
thickness or if of a thickness of 4.75
millimeters or more are of a width
which exceeds 150 millimeters and
measures at least twice the thickness, as
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item numbers
7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030,
7210.49.0090, 7210.49.0091,
7210.49.0095, 7210.61.0000,
7210.69.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090,
7210.90.1000, 7210.90.6000,
7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000,
7212.50.0000, 7212.60.0000,
7215.90.1000, 7215.90.3000,
7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560,
7217.90.1000, 7217.90.5030,
7217.90.5060, and 7217.90.5090.
Included in the order are flat–rolled
products of non–rectangular crosssection where such cross-section is
achieved subsequent to the rolling
process including products which have
been beveled or rounded at the edges
(i.e., products which have been ‘‘worked
after rolling’’). Excluded from this order
are flat–rolled steel products either
plated or coated with tin, lead,
chromium, chromium oxides, both tin
and lead (‘‘terne plate’’), or both
chromium and chromium oxides (‘‘tin–
free steel’’), whether or not painted,
varnished or coated with plastics or
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01:51 Jun 21, 2008
Jkt 214001
other nonmetallic substances in
addition to the metallic coating. Also
excluded from this order are clad
products in straight lengths of 0.1875
inch or more in composite thickness
and of a width which exceeds 150
millimeters and measures at least twice
the thickness. Also excluded from this
order are certain clad stainless flat–
rolled products, which are three–
layered corrosion–resistant carbon steel
flat–rolled products less than 4.75
millimeters in composite thickness that
consist of a carbon steel flat–rolled
product clad on both sides with
stainless steel in a 20%-60%-20% ratio.
These HTSUS item numbers are
provided for convenience and customs
purposes. The written descriptions
remain dispositive.
Bona Fide Analysis
In the Preliminary Results, we found
that Haewon’s reported U.S. sale was a
bona fide sale, as required by 19 CFR
351.214(b)(2)(iv)(c) based on the totality
of facts on the record. See Memorandum
from George McMahon and Victoria
Cho, Case Analysts, to Melissa Skinner,
Office Director, in the file entitled,
‘‘Corrosion–Resistant Carbon Steel Flat
Products from Korea: Antidumping New
Shipper Review of Haewon MSC Co.,
Ltd.: Bona Fide Analysis
Memorandum,’’ (Bona Fide Memo),
dated January 15, 2008, on file in the
Central Records Unit for Import
Administration (CRU), room 1117, of
the main Department of Commerce
building. For the Final Results, we
continue to find that Haewon’s sale was
a bona fide commercial transaction. See
Haewon’s Final Results Calculation
Memo.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the April 14, 2008,
‘‘Issues and Decisions for the Final
Results of the New Shipper Review of
the Antidumping Duty Order on Certain
Corrosion–Resistant Carbon Steel Flat
Products from the Republic of Korea’’
(Decision Memorandum), which is
hereby adopted by this notice. Attached
to this notice as an appendix is a list of
the issues which parties have raised and
to which we have responded in the
Decision Memorandum. 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 CRU. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Web at
https://www.ia.ita.doc.gov/frn. The
paper copy and electronic version of the
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35367
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made
changes in the calculations for the final
dumping margin. The Department has
reconsidered its position from the
preliminary results with respect to
Haewon’s toll produced CORE that was
preliminarily excluded from the
company’s home market sales database.
The facts in this case indicate that in the
back–to-back transactions, Haewon
purchased cold–rolled coil from
Company A2, galvanized the coil into
CORE, and then sold the CORE back to
Company A. In both transactions, title
passed, first from Company A to
Haewon for the cold–rolled coil, and
then from Haewon to Company A for
the CORE. Based upon these facts, we
determine that Haewon transferred
ownership in the CORE to Company A
for consideration. Accordingly, we find
that these sales constitute sales of
foreign like product that should be
included in Haewon’s home market
database and included in the dumping
margin calculation for these final
results.
In addition, we have revised
Haewon’s SG&A calculation for these
final results to include certain expenses.
Due to the proprietary nature of this
issue, see Comment 9 of the
accompanying Issues and Decision
Memorandum and the ‘‘Final Results
Calculation Memorandum.’’ For
purposes of these final results, we
disregarded below cost sales of a given
product and used the remaining sales as
the basis for determining NV, in
accordance with section 773(b)(1) of the
Act. Furthermore, we used constructed
value (CV) when making comparisons
for Haewon’s normal value to export
price. See sections 773(a)(4) and
773(e)(2)(B)(ii) of the Act. For further
details, see the ‘‘Final Results
Calculation Memorandum.’’
Final Results of Review
We find that the following dumping
margin exists for the period August 1,
2006, through April 10, 2007:3
2 Due to the proprietary nature of this discussion,
see the accompanying Issues and Decision
Memorandum at Comment 7 and the Final Results
Calculation Memorandum.
3 Note that the Department extended the POR
until April 10, 2007 in order to include HMSC’s
U.S. sale, which entered on this particular date. See
Department’s letter to Haewon, dated May 23, 2007.
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35368
Federal Register / Vol. 73, No. 121 / Monday, June 23, 2008 / Notices
Exporter/manufacturer:
deposit rate for all other manufacturers
or exporters will continue to be 17.70
percent, the all others rate established in
0.00 percent the LTFV investigation.
Weighted–average
margin percentage:
Haewon MSC Co. Ltd.
Assessment Rates
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 antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Cash Deposit Rates
mmaher on PROD1PC70 with NOTICES
[FR Doc.E8–14129 Filed 6–20–08; 8:45 am]
BILLING CODE 3510–DS–S
Notification to Importers
The Department shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries. For subject
merchandise produced and exported by
Haewon, we will instruct CBP to
liquidate entries at the rate indicated
above. The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of these final results of this new shipper
review.
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 period
of review produced by the respondent
for which it 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. For a full discussion of this
clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Comment 9: Revised SG&A Expenses
from Verification
The following antidumping duty
deposits will be required on all
shipments of CORE from Korea entered,
or withdrawn from warehouse, for
consumption, effective on or after the
publication date of this new shipper
review, as provided by section
751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act): (1) for subject
merchandise produced and exported by
Haewon, the cash deposit rate will be
the rate listed above (except no cash
deposit will be required if a company’s
weighted–average margin is de minimis,
i.e., less than 0.5 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
previous review, or the 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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01:51 Jun 21, 2008
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Notification Regarding APOs
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
which is subject to sanction.
We are issuing and publishing these
results of review in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the
Act.
Dated: June 13, 2008.
David M. Spooner,
Assistant Secretaryfor Import Administration.
APPENDIX I
List of Comments in the Accompanying
Issues and Decision Memorandum
Comment 1: Circumvention of the New
Shipper Review
Comment 2: Arm’s–Length Transaction
Between Parties
Comment 3: Haewon’s Future Sales
Comment 4: Quantity and Value of
Haewon’s Sale to the United States
Comment 5: Timely Filing of the New
Shipper Review
Comment 6: COP/CV Data for an
Inappropriate Period
COP Issues
Comment 7: Revision of Haewon’s G&A
and Interest Expense Ratios to Account
for Tolling
Comment 8: Whether to Recalculate
Interest Expenses
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DEPARTMENT OF COMMERCE
International Trade Administration
(A–489–807)
Certain Steel Concrete Reinforcing
Bars from Turkey; Notice of Extension
of Time Limits for Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
EFFECTIVE DATE:
June 23, 2008.
Irina
Itkin, 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.
FOR FURTHER INFORMATION CONTACT:
Background
The Department of Commerce (the
Department) published an antidumping
duty order on certain steel concrete
reinforcing bars (rebar) from Turkey on
April 17, 1997. See Antidumping Duty
Order: Certain Steel Concrete
Reinforcing Bars From Turkey, 62 FR
18748 (April 17, 1997). On May 30,
2007, the Department published a notice
of initiation of an administrative review
of the order on rebar from Turkey for the
period April 1, 2006, through March 31,
2007. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 72 FR 29968 (May 30, 2007). The
review covers four producers/exporters
of the subject merchandise to the United
States: Ekinciler Demir ve Celik Sanayi
A.S./Ekinciler Dis Ticaret A.S., Habas
Sinai ve Tibbi Gazlar Istihsal Endustrisi
A.S., Izmir Demir Celik Sanayi A.S, and
Nursan Celik Sanayi ve Haddecilik,
A.S./Nursan Dis Ticaret A.S.
On May 5, 2008, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on rebar from
Turkey. See Certain Steel Concrete
Reinforcing Bars from Turkey;
Preliminary Results of Antidumping
Duty Administrative Review and Notice
of Intent to Revoke in Part, 73 FR 24535
(May 5, 2008). The final results are
currently due no later than September 2,
2008.
E:\FR\FM\23JNN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 121 (Monday, June 23, 2008)]
[Notices]
[Pages 35366-35368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14129]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-580-816)
Certain Corrosion-Resistant Carbon Steel Flat Products from the
Republic of Korea: Notice of Final Results of Antidumping Duty New
Shipper Review
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On January 23, 2008, the Department of Commerce (the
Department) published the preliminary results of the new shipper review
of the antidumping duty order on certain corrosion-resistant carbon
steel products (CORE) from the Republic of Korea (Korea). This review
covers Haewon MSC Co. Ltd. (Haewon). Based on our analysis of comments
received\1\ concerning our preliminary results, we have made certain
changes to these final results in the section listed as Changes Since
the Preliminary Results. The final results are listed in the section
Final Results of Review below.
---------------------------------------------------------------------------
\1\ Case briefs and rebuttal briefs were submitted by the
following domestic interested parties and respondent: On February
22, 2008, United States Steel Corporation (US Steel), and Nucor
Corporation (Nucor) (collectively, the petitioners) filed case
briefs (respectively, US Steel's Case Brief, and Nucor's Case
Brief). On February 29, 2008, US Steel, and Nucor filed rebuttal
briefs (respectively, US Steel's Rebuttal Brief, and Nucor's
Rebuttal Brief). On February 22, 2008, Haewon MSC Co. Ltd. (Haewon)
filed a case brief (Haewon's Case Brief). On February 29, 2008,
respondent filed a rebuttal brief (Haewon's Rebuttal Brief).
---------------------------------------------------------------------------
EFFECTIVE DATE: June 23, 2008.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or George McMahon, AD/CVD Operations, Office 3, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone at (202) 482-5075, or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 35367]]
Background
On January 23, 2008, the Department published the preliminary
results of the new shipper review of the antidumping duty order on CORE
from Korea. See Certain Corrosion-Resistant Carbon Steel Flat Products
from the Republic of Korea: Notice of Preliminary Results of
Antidumping Duty New Shipper Review, 73 FR 3925 (January 23, 2008)
(Preliminary Results).
Scope of the Order
This order covers flat-rolled carbon steel products, of rectangular
shape, either clad, plated, or coated with corrosion-resistant metals
such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based
alloys, whether or not corrugated or painted, varnished or coated with
plastics or other nonmetallic substances in addition to the metallic
coating, in coils (whether or not in successively superimposed layers)
and of a width of 0.5 inch or greater, or in straight lengths which, if
of a thickness less than 4.75 millimeters, are of a width of 0.5 inch
or greater and which measures at least 10 times the thickness or if of
a thickness of 4.75 millimeters or more are of a width which exceeds
150 millimeters and measures at least twice the thickness, as currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers 7210.30.0030, 7210.30.0060, 7210.41.0000,
7210.49.0030, 7210.49.0090, 7210.49.0091, 7210.49.0095, 7210.61.0000,
7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000,
7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7212.60.0000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060,
and 7217.90.5090. Included in the order are flat-rolled products of
non-rectangular cross-section where such cross-section is achieved
subsequent to the rolling process including products which have been
beveled or rounded at the edges (i.e., products which have been
``worked after rolling''). Excluded from this order are flat-rolled
steel products either plated or coated with tin, lead, chromium,
chromium oxides, both tin and lead (``terne plate''), or both chromium
and chromium oxides (``tin-free steel''), whether or not painted,
varnished or coated with plastics or other nonmetallic substances in
addition to the metallic coating. Also excluded from this order are
clad products in straight lengths of 0.1875 inch or more in composite
thickness and of a width which exceeds 150 millimeters and measures at
least twice the thickness. Also excluded from this order are certain
clad stainless flat-rolled products, which are three-layered corrosion-
resistant carbon steel flat-rolled products less than 4.75 millimeters
in composite thickness that consist of a carbon steel flat-rolled
product clad on both sides with stainless steel in a 20%-60%-20% ratio.
These HTSUS item numbers are provided for convenience and customs
purposes. The written descriptions remain dispositive.
Bona Fide Analysis
In the Preliminary Results, we found that Haewon's reported U.S.
sale was a bona fide sale, as required by 19 CFR 351.214(b)(2)(iv)(c)
based on the totality of facts on the record. See Memorandum from
George McMahon and Victoria Cho, Case Analysts, to Melissa Skinner,
Office Director, in the file entitled, ``Corrosion-Resistant Carbon
Steel Flat Products from Korea: Antidumping New Shipper Review of
Haewon MSC Co., Ltd.: Bona Fide Analysis Memorandum,'' (Bona Fide
Memo), dated January 15, 2008, on file in the Central Records Unit for
Import Administration (CRU), room 1117, of the main Department of
Commerce building. For the Final Results, we continue to find that
Haewon's sale was a bona fide commercial transaction. See Haewon's
Final Results Calculation Memo.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the April 14, 2008, ``Issues and Decisions
for the Final Results of the New Shipper Review of the Antidumping Duty
Order on Certain Corrosion-Resistant Carbon Steel Flat Products from
the Republic of Korea'' (Decision Memorandum), which is hereby adopted
by this notice. Attached to this notice as an appendix is a list of the
issues which parties have raised and to which we have responded in the
Decision Memorandum. 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 CRU. In addition, a
complete version of the Decision Memorandum can be accessed directly on
the Web at https://www.ia.ita.doc.gov/frn. 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 have made
changes in the calculations for the final dumping margin. The
Department has reconsidered its position from the preliminary results
with respect to Haewon's toll produced CORE that was preliminarily
excluded from the company's home market sales database. The facts in
this case indicate that in the back-to-back transactions, Haewon
purchased cold-rolled coil from Company A\2\, galvanized the coil into
CORE, and then sold the CORE back to Company A. In both transactions,
title passed, first from Company A to Haewon for the cold-rolled coil,
and then from Haewon to Company A for the CORE. Based upon these facts,
we determine that Haewon transferred ownership in the CORE to Company A
for consideration. Accordingly, we find that these sales constitute
sales of foreign like product that should be included in Haewon's home
market database and included in the dumping margin calculation for
these final results.
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\2\ Due to the proprietary nature of this discussion, see the
accompanying Issues and Decision Memorandum at Comment 7 and the
Final Results Calculation Memorandum.
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In addition, we have revised Haewon's SG&A calculation for these
final results to include certain expenses. Due to the proprietary
nature of this issue, see Comment 9 of the accompanying Issues and
Decision Memorandum and the ``Final Results Calculation Memorandum.''
For purposes of these final results, we disregarded below cost sales of
a given product and used the remaining sales as the basis for
determining NV, in accordance with section 773(b)(1) of the Act.
Furthermore, we used constructed value (CV) when making comparisons for
Haewon's normal value to export price. See sections 773(a)(4) and
773(e)(2)(B)(ii) of the Act. For further details, see the ``Final
Results Calculation Memorandum.''
Final Results of Review
We find that the following dumping margin exists for the period
August 1, 2006, through April 10, 2007:\3\
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\3\ Note that the Department extended the POR until April 10,
2007 in order to include HMSC's U.S. sale, which entered on this
particular date. See Department's letter to Haewon, dated May 23,
2007.
[[Page 35368]]
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Weighted-average
Exporter/manufacturer: margin percentage:
------------------------------------------------------------------------
Haewon MSC Co. Ltd.................................. 0.00 percent
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Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. For subject merchandise produced and exported by Haewon, we
will instruct CBP to liquidate entries at the rate indicated above. The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of these final results of
this new shipper review.
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
period of review produced by the respondent for which it 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. 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 Rates
The following antidumping duty deposits will be required on all
shipments of CORE from Korea entered, or withdrawn from warehouse, for
consumption, effective on or after the publication date of this new
shipper review, as provided by section 751(a)(2)(C) of the Tariff Act
of 1930, as amended (the Act): (1) for subject merchandise produced and
exported by Haewon, the cash deposit rate will be the rate listed above
(except no cash deposit will be required if a company's weighted-
average margin is de minimis, i.e., less than 0.5 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 previous review, or the 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 deposit rate for all
other manufacturers or exporters will continue to be 17.70 percent, the
all others rate established in the LTFV investigation.
Notification to Importers
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 antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding APOs
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 which is subject to sanction.
We are issuing and publishing these results of review in accordance
with sections 751(a)(2)(B) and 777(i)(1) of the Act.
Dated: June 13, 2008.
David M. Spooner,
Assistant Secretaryfor Import Administration.
APPENDIX I
List of Comments in the Accompanying Issues and Decision Memorandum
Comment 1: Circumvention of the New Shipper Review
Comment 2: Arm's-Length Transaction Between Parties
Comment 3: Haewon's Future Sales
Comment 4: Quantity and Value of Haewon's Sale to the United States
Comment 5: Timely Filing of the New Shipper Review
Comment 6: COP/CV Data for an Inappropriate Period
COP Issues
Comment 7: Revision of Haewon's G&A and Interest Expense Ratios to
Account for Tolling
Comment 8: Whether to Recalculate Interest Expenses
Comment 9: Revised SG&A Expenses from Verification
[FR Doc.E8-14129 Filed 6-20-08; 8:45 am]
BILLING CODE 3510-DS-S
