Notice of Final Determination of Sales at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from the Republic of Korea, 35655-35657 [E8-14255]

Download as PDF Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Notices preliminary determination (consistent with our finding that critical circumstances exist for the PRC–wide entity). We will instruct CBP to continue to require a cash deposit or the posting of a bond for all companies based on the estimated weighted– average dumping margins shown above. The suspension of liquidation instructions will remain in effect until further notice. ITC Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (ITC) of our final determination of sales at LTFV. As our final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise within 45 days of this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess upon further instruction by the Department antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding APO ebenthall on PRODPC60 with NOTICES This notice also serves as a reminder to the 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. Timely notification of 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. This determination and notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: June 13, 2008. David M. Spooner, Assistant Secretary for Import Administration. Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–6312 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: Appendix I Parties’ Comments Comment 1: Whether ZZPC’s Dumping Margin Should be Based on Adverse Facts Available Comment 2: The Appropriate Surrogate Country Comment 3: The Appropriate Surrogate Financial Ratios Comment 4: The Appropriate Surrogate Values for Steel Inputs Used by Lets Win Comment 5: The Appropriate Surrogate Value for Hot–Rolled Steel Comment 6: The Appropriate Surrogate Value for Certain Packing Materials [FR Doc. E8–14252 Filed 6–23–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–580–859] Notice of Final Determination of Sales at Less Than Fair Value: Light–Walled Rectangular Pipe and Tube from the Republic of Korea Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 31, 2008, the U.S. Department of Commerce (the Department) published a preliminary determination in the antidumping duty investigation of light–walled rectangular pipe and tube from the Republic of Korea. See Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Light–Walled Rectangular Pipe and Tube From the Republic of Korea, 73 FR 5794 (January 31, 2008) (Preliminary Determination). We continue to find that light–walled rectangular pipe and tube from the Republic of Korea is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Tariff Act). The estimated margins of sales at LTFV are listed below in the section entitled ‘‘Continuation of Suspension of Liquidation.’’ AGENCY: EFFECTIVE DATE: June 24, 2008. FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of VerDate Aug<31>2005 12:39 Jun 23, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 35655 Background On January 31, 2008, the Department published the preliminary determination and invited interested parties to comment. See Preliminary Determination. The petitioners in this investigation are Allied Tube and Conduit, Atlas Tube, Bull Moose Tube Company, California Steel and Tube, EXLTUBE, Hannibal Industries, Leavitt Tube Company, Maruichi American Corporation, Searing Industries, Southland Tube, Vest Inc., Welded Tube, and Western Tube and Conduit (Petitioners). The respondents are Ahshin Pipe & Tube, Dong–A Steel Pipe Co. Ltd., Han Gyu Rae Steel, Co., Ltd., HiSteel Co. Ltd., Jinbang Steel Co. Ltd., Joong Won, Kukje Steel Co., Ltd., Miju Steel Mfg. Co. Ltd., Nexteel Co., Ltd. (Nexteel), SeAH Steel Corporation, Ltd., and Yujin Steel Industry Co. Only Nexteel responded fully to the Section A, B, C, and D questionnaires. (For a complete background concerning the involvement of companies other than Nexteel, see Preliminary Determination.) We gave interested parties an opportunity to comment on the preliminary determination. We received a case brief from Petitioners on May 9, 2008, and a rebuttal brief from Nexteel on May 16, 2008. We did not receive a request for a public hearing. Based upon the results of verification, we have made no changes to the dumping calculations; a revision of Nexteel’s databases was, however, required. On December 26, 2007, Petitioners timely filed with the Department an allegation of targeted dumping with respect to Nexteel. Nexteel filed comments regarding Petitioners’ allegation on January 3, 2008. Upon review of Petitioners’ allegation, the Department determined that further information was needed in order to adequately analyze Petitioners’ allegation. The Department issued a supplemental questionnaire to Petitioners on January 14, 2008, requesting that they address deficiencies identified by the Department. See Letter from Richard O. Weible, Director, Office 7, to Petitioners, dated January 14, 2008. Because there was a need for supplemental information regarding the allegation, we did not have sufficient bases for making a finding regarding Petitioners’ allegations of targeted dumping prior to the preliminary determination. On January 25, 2008, Petitioners submitted a response to the E:\FR\FM\24JNN1.SGM 24JNN1 35656 Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Notices Department’s supplemental targeted dumping questionnaire. We conducted a verification of Nexteel’s cost of production responses on March 6–12, 2008. See memorandum from Christopher J. Zimpo, Accountant, to the File, entitled ‘‘Verification of the Cost Response of Nexteel Co., Ltd. Antidumping Investigation of Light– Walled Rectangular Pipe and Tube From the Republic of Korea,’’ dated April 25, 2008 (Cost Verification Report). We conducted a verification of Nexteel’s sales responses on March 13–18, 2008. See memorandum from Mark Flessner to the file entitled ‘‘Light–Walled Rectangular Pipe and Tube from the Republic of Korea: Verification of Nexteel Co., Ltd.,’’ dated May 1, 2008 (Sales Verification Report). On May 2, 2008, we placed on the record the memorandum from Mark Flessner, Case Analyst, to Richard O. Weible, Office Director, entitled ‘‘Antidumping Duty Investigation of Light–Walled Rectangular Pipe and Tube from Korea: Final Analysis on Targeting Dumping’’ (Targeted Dumping Memorandum). For a discussion of our findings, see the section below entitled ‘‘Targeted Dumping.’’ We received a case brief from Petitioners on May 9, 2008. We received a rebuttal brief from Nexteel on May 16, 2008. We received no request for a public hearing, so no hearing was held. ebenthall on PRODPC60 with NOTICES Period of Investigation The period of investigation (POI) is April 1, 2006, through March 31, 2007. Scope of Investigation The merchandise that is the subject of this investigation is certain welded carbon quality light–walled steel pipe and tube, of rectangular (including square) cross section, having a wall thickness of less than 4 mm. The term carbon–quality steel includes both carbon steel and alloy steel which contains only small amounts of alloying elements. Specifically, the term carbon– quality includes products in which none of the elements listed below exceeds the quantity by weight respectively indicated: 1.80 percent of manganese, or 2.25 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 0.15 percent vanadium, or 0.15 percent of zirconium. The description of carbon–quality is intended to identify carbon–quality products within the scope. The welded carbon–quality rectangular pipe and VerDate Aug<31>2005 12:39 Jun 23, 2008 Jkt 214001 tube subject to this investigation is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings are provided for convenience and Customs purposes, our written description of the scope of this investigation is dispositive. Fair Value Comparisons We calculated export price and normal value based on the same methodologies used in the Preliminary Determination. We used the home market and U.S. sales databases submitted by Nexteel after verification, which included minor corrections presented at the beginning of verification and findings from verification. See Sales Verification Report. Cost of Production and Constructed Value We calculated the cost of production and constructed value for Nexteel based on the same methodologies used in the Preliminary Determination. Verification As provided in section 782(i)(1) of the Tariff Act, we verified the information submitted by respondents during the periods March 6–12, 2008 (cost) and March 13–18, 2008 (sales) (see Cost Verification Report and Sales Verification Report). We used standard verification procedures, including examination of relevant accounting and production records, as well as original source documents provided by the respondents. Analysis of Comments Received The issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the memorandum from Stephen Claeys, Deputy Assistant Secretary for Import Administration, to David Spooner, Assistant Secretary for Import Administration, entitled ‘‘Issues and Decision Memorandum for Final Determination of Sales at Less Than Fair Value: Light–Walled Rectangular Pipe and Tube from the Republic of Korea’’ (Issues and Decisions Memorandum), dated June 13, 2008, which is hereby adopted by this notice. The Issues and Decisions Memorandum is on file in the Central Records Unit (CRU), room 1117 of the Department of Commerce main building and can be accessed directly at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues and Decisions Memorandum are identical in content. A list of the issues addressed in PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 the Issues and Decisions Memorandum is appended to this notice. Targeted Dumping We determine that Petitioners’ allegations of targeted dumping failed to provide a reasonable basis to find a pattern of export prices for comparable merchandise that differ significantly among purchasers or regions. We determine further that Petitioners had not demonstrated that any such differences could not be taken into account using the average–to-average methodology, pursuant to section 777A(d)(1)(B) of the Tariff Act. We conclude that, for the final determination, we should continue to utilize the average–to-average methodology in calculating the final margins for Nexteel for the reasons set forth in the Issues and Decisions Memorandum. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B)(ii) of the Tariff Act, we are directing U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all imports of subject merchandise from Korea that are entered, or withdrawn from warehouse, for consumption on or after January 31, 2008, the date of publication of the Preliminary Determination in the Federal Register. CBP shall continue to require a cash deposit or the posting of a bond equal to the weighted–average amount by which the NV exceeds the EP, as indicated in the chart below. These suspension–of-liquidation instructions will remain in effect until further notice. The weighted–average dumping margins are as follows: Producer/Exporter Nexteel Co., Ltd. ........... Dong–A Steel Pipe Co. Ltd. ............................ HiSteel Co. Ltd. ............ Jinbang Steel Co. Ltd. .. Joong Won ................... Miju Steel Mfg. Co., Ltd. Yujin Steel Industry Co. Ahshin Pipe & Tube ..... Han Gyu Rae Steel Co., Ltd. ............................ Kukje Steel Co., Ltd. .... SeAH Steel Corporation, Ltd. .................... All others ....................... Weighted–Average Margin (Percentage) 1.30 (de minimis) 30.66 30.66 30.66 30.66 30.66 30.66 30.66 30.66 30.66 15.98 15.98 ITC Notification In accordance with section 735(d) of the Tariff Act, we have notified the International Trade Commission (ITC) of E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Notices our determination. As our final determination is affirmative, the ITC will, within 45 days, determine whether these imports are materially injuring, or threatening material injury to, the United States industry. If the ITC determines that material injury, or threat of material injury, does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order. Notification to Interested Parties 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. Timely notification of 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. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Tariff Act. Dated: June 13, 2008. David M. Spooner, Assistant Secretary for Import Administration. List of Issues 1. Initiation of Targeted Dumping Analysis 2. Use of Offsets in Calculating Dumping Margin [FR Doc. E8–14255 Filed 6–?23–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–533–810] Stainless Steel Bar from India: Notice of Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 24, 2008. FOR FURTHER INFORMATION CONTACT: Devta Ohri, 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) 482–3853. SUPPLEMENTARY INFORMATION: ebenthall on PRODPC60 with NOTICES AGENCY: 12:39 Jun 23, 2008 On February 21, 1995, the Department published in the Federal Register the antidumping duty order on stainless steel bar (‘‘SSB’’) from India. See Antidumping Duty Orders: Stainless Steel Bar from Brazil, India and Japan, 60 FR 9661 (February 21, 1995). On February 11, 2008, the Department received a timely request from Ambica Steels Limited (‘‘Ambica’’) for an administrative review of the antidumping duty order on SSB from India. Also, on February 29, 2008, we received a timely request from domestic interested parties Carpenter Technology Corp.; Crucible Specialty Metals, a division of Crucible Materials Corp.; Electralloy Co., a G.O. Carlson, Inc. company; and Valbruna Slater Stainless, Inc., for a review of Venus Wire Industries, Pvt. Ltd. (‘‘Venus’’). On March 31, 2008, the Department initiated an administrative review of Ambica and Venus. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part, and Deferral of Administrative Review, 73 FR 16837 (March 31, 2008). On May 16, 2008, Ambica withdrew its request for an administrative review. The administrative review of Venus continues. Scope of the Order APPENDIX VerDate Aug<31>2005 Background Jkt 214001 Imports covered by the order are shipments of SSB. SSB means articles of stainless steel in straight lengths that have been either hot–rolled, forged, turned, cold–drawn, cold–rolled or otherwise cold–finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons, or other convex polygons. SSB includes cold–finished SSBs that are turned or ground in straight lengths, whether produced from hot–rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi– finished products, cut–to-length flat– rolled products (i.e., cut–to-length rolled products which if less than 4.75 mm in thickness have a width measuring at least 10 times the thickness, or if 4.75 mm or more in thickness having a width which exceeds 150 mm and measures at least twice the thickness), wire (i.e., cold–formed products in coils, of any uniform solid cross section along their whole length, PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 35657 which do not conform to the definition of flat–rolled products), and angles, shapes, and sections. The SSB subject to these reviews is currently classifiable under subheadings 7222.11.00.05, 7222.11.00.50, 7222.19.00.05, 7222.19.00.50, 7222.20.00.05, 7222.20.00.45, 7222.20.00.75, and 7222.30.00.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. On May 23, 2005, the Department issued a final scope ruling that SSB manufactured in the United Arab Emirates out of stainless steel wire rod from India is not subject to the scope of this order. See Memorandum from Team to Barbara E. Tillman, ‘‘Antidumping Duty Orders on Stainless Steel Bar from India and Stainless Steel Wire Rod from India: Final Scope Ruling,’’ dated May 23, 2005, which is on file in the CRU in room B–099 of the main Department building. See also Notice of Scope Rulings, 70 FR 55110 (September 20, 2005). Partial Rescission of Review Section 351.213(d)(1) of the Department’s regulations provide that the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the date of publication of the notice of initiation of the requested review, or withdraws its request at a later date if the Department determines that it is reasonable to extend the time limit for withdrawing the request. Ambica withdrew its request for an administrative review on May 16, 2008, which is within the 90-day deadline. No other party had requested a review of Ambica. Therefore, the Department rescinds this administrative review of Ambica, covering the period February 1, 2007, through January 31, 2008 (‘‘2007– 2008 AR’’). However, we note that the 2007–2008 AR still continues with respect to Venus Wire Industries, Pvt. Ltd. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APO’’) 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 E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 73, Number 122 (Tuesday, June 24, 2008)]
[Notices]
[Pages 35655-35657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14255]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-859]


Notice of Final Determination of Sales at Less Than Fair Value: 
Light-Walled Rectangular Pipe and Tube from the Republic of Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 31, 2008, the U.S. Department of Commerce (the 
Department) published a preliminary determination in the antidumping 
duty investigation of light-walled rectangular pipe and tube from the 
Republic of Korea. See Notice of Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination: Light-
Walled Rectangular Pipe and Tube From the Republic of Korea, 73 FR 5794 
(January 31, 2008) (Preliminary Determination).
    We continue to find that light-walled rectangular pipe and tube 
from the Republic of Korea is being, or is likely to be, sold in the 
United States at less than fair value (LTFV), as provided in section 
733(b) of the Tariff Act of 1930, as amended (the Tariff Act). The 
estimated margins of sales at LTFV are listed below in the section 
entitled ``Continuation of Suspension of Liquidation.''

EFFECTIVE DATE: June 24, 2008.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
6312 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 31, 2008, the Department published the preliminary 
determination and invited interested parties to comment. See 
Preliminary Determination. The petitioners in this investigation are 
Allied Tube and Conduit, Atlas Tube, Bull Moose Tube Company, 
California Steel and Tube, EXLTUBE, Hannibal Industries, Leavitt Tube 
Company, Maruichi American Corporation, Searing Industries, Southland 
Tube, Vest Inc., Welded Tube, and Western Tube and Conduit 
(Petitioners). The respondents are Ahshin Pipe & Tube, Dong-A Steel 
Pipe Co. Ltd., Han Gyu Rae Steel, Co., Ltd., HiSteel Co. Ltd., Jinbang 
Steel Co. Ltd., Joong Won, Kukje Steel Co., Ltd., Miju Steel Mfg. Co. 
Ltd., Nexteel Co., Ltd. (Nexteel), SeAH Steel Corporation, Ltd., and 
Yujin Steel Industry Co.
    Only Nexteel responded fully to the Section A, B, C, and D 
questionnaires. (For a complete background concerning the involvement 
of companies other than Nexteel, see Preliminary Determination.) We 
gave interested parties an opportunity to comment on the preliminary 
determination. We received a case brief from Petitioners on May 9, 
2008, and a rebuttal brief from Nexteel on May 16, 2008. We did not 
receive a request for a public hearing.
    Based upon the results of verification, we have made no changes to 
the dumping calculations; a revision of Nexteel's databases was, 
however, required. On December 26, 2007, Petitioners timely filed with 
the Department an allegation of targeted dumping with respect to 
Nexteel. Nexteel filed comments regarding Petitioners' allegation on 
January 3, 2008. Upon review of Petitioners' allegation, the Department 
determined that further information was needed in order to adequately 
analyze Petitioners' allegation. The Department issued a supplemental 
questionnaire to Petitioners on January 14, 2008, requesting that they 
address deficiencies identified by the Department. See Letter from 
Richard O. Weible, Director, Office 7, to Petitioners, dated January 
14, 2008. Because there was a need for supplemental information 
regarding the allegation, we did not have sufficient bases for making a 
finding regarding Petitioners' allegations of targeted dumping prior to 
the preliminary determination. On January 25, 2008, Petitioners 
submitted a response to the

[[Page 35656]]

Department's supplemental targeted dumping questionnaire.
    We conducted a verification of Nexteel's cost of production 
responses on March 6-12, 2008. See memorandum from Christopher J. 
Zimpo, Accountant, to the File, entitled ``Verification of the Cost 
Response of Nexteel Co., Ltd. Antidumping Investigation of Light-Walled 
Rectangular Pipe and Tube From the Republic of Korea,'' dated April 25, 
2008 (Cost Verification Report). We conducted a verification of 
Nexteel's sales responses on March 13-18, 2008. See memorandum from 
Mark Flessner to the file entitled ``Light-Walled Rectangular Pipe and 
Tube from the Republic of Korea: Verification of Nexteel Co., Ltd.,'' 
dated May 1, 2008 (Sales Verification Report).
    On May 2, 2008, we placed on the record the memorandum from Mark 
Flessner, Case Analyst, to Richard O. Weible, Office Director, entitled 
``Antidumping Duty Investigation of Light-Walled Rectangular Pipe and 
Tube from Korea: Final Analysis on Targeting Dumping'' (Targeted 
Dumping Memorandum). For a discussion of our findings, see the section 
below entitled ``Targeted Dumping.''
    We received a case brief from Petitioners on May 9, 2008. We 
received a rebuttal brief from Nexteel on May 16, 2008. We received no 
request for a public hearing, so no hearing was held.

Period of Investigation

    The period of investigation (POI) is April 1, 2006, through March 
31, 2007.

Scope of Investigation

    The merchandise that is the subject of this investigation is 
certain welded carbon quality light-walled steel pipe and tube, of 
rectangular (including square) cross section, having a wall thickness 
of less than 4 mm. The term carbon-quality steel includes both carbon 
steel and alloy steel which contains only small amounts of alloying 
elements. Specifically, the term carbon-quality includes products in 
which none of the elements listed below exceeds the quantity by weight 
respectively indicated: 1.80 percent of manganese, or 2.25 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 0.15 percent 
vanadium, or 0.15 percent of zirconium. The description of carbon-
quality is intended to identify carbon-quality products within the 
scope. The welded carbon-quality rectangular pipe and tube subject to 
this investigation is currently classified under the Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings 7306.61.50.00 and 
7306.61.70.60. While HTSUS subheadings are provided for convenience and 
Customs purposes, our written description of the scope of this 
investigation is dispositive.

Fair Value Comparisons

    We calculated export price and normal value based on the same 
methodologies used in the Preliminary Determination. We used the home 
market and U.S. sales databases submitted by Nexteel after 
verification, which included minor corrections presented at the 
beginning of verification and findings from verification. See Sales 
Verification Report.

Cost of Production and Constructed Value

    We calculated the cost of production and constructed value for 
Nexteel based on the same methodologies used in the Preliminary 
Determination.

Verification

    As provided in section 782(i)(1) of the Tariff Act, we verified the 
information submitted by respondents during the periods March 6-12, 
2008 (cost) and March 13-18, 2008 (sales) (see Cost Verification Report 
and Sales Verification Report). We used standard verification 
procedures, including examination of relevant accounting and production 
records, as well as original source documents provided by the 
respondents.

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the memorandum from Stephen Claeys, 
Deputy Assistant Secretary for Import Administration, to David Spooner, 
Assistant Secretary for Import Administration, entitled ``Issues and 
Decision Memorandum for Final Determination of Sales at Less Than Fair 
Value: Light-Walled Rectangular Pipe and Tube from the Republic of 
Korea'' (Issues and Decisions Memorandum), dated June 13, 2008, which 
is hereby adopted by this notice. The Issues and Decisions Memorandum 
is on file in the Central Records Unit (CRU), room 1117 of the 
Department of Commerce main building and can be accessed directly at 
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Issues and Decisions Memorandum are identical in content. A list of the 
issues addressed in the Issues and Decisions Memorandum is appended to 
this notice.

Targeted Dumping

    We determine that Petitioners' allegations of targeted dumping 
failed to provide a reasonable basis to find a pattern of export prices 
for comparable merchandise that differ significantly among purchasers 
or regions. We determine further that Petitioners had not demonstrated 
that any such differences could not be taken into account using the 
average-to-average methodology, pursuant to section 777A(d)(1)(B) of 
the Tariff Act. We conclude that, for the final determination, we 
should continue to utilize the average-to-average methodology in 
calculating the final margins for Nexteel for the reasons set forth in 
the Issues and Decisions Memorandum.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B)(ii) of the Tariff Act, we 
are directing U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all imports of subject merchandise from Korea 
that are entered, or withdrawn from warehouse, for consumption on or 
after January 31, 2008, the date of publication of the Preliminary 
Determination in the Federal Register. CBP shall continue to require a 
cash deposit or the posting of a bond equal to the weighted-average 
amount by which the NV exceeds the EP, as indicated in the chart below. 
These suspension-of-liquidation instructions will remain in effect 
until further notice.
The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                  Producer/Exporter                         Margin
                                                         (Percentage)
------------------------------------------------------------------------
Nexteel Co., Ltd....................................   1.30 (de minimis)
Dong-A Steel Pipe Co. Ltd...........................               30.66
HiSteel Co. Ltd.....................................               30.66
Jinbang Steel Co. Ltd...............................               30.66
Joong Won...........................................               30.66
Miju Steel Mfg. Co., Ltd............................               30.66
Yujin Steel Industry Co.............................               30.66
Ahshin Pipe & Tube..................................               30.66
Han Gyu Rae Steel Co., Ltd..........................               30.66
Kukje Steel Co., Ltd................................               30.66
SeAH Steel Corporation, Ltd.........................               15.98
All others..........................................               15.98
------------------------------------------------------------------------

ITC Notification

    In accordance with section 735(d) of the Tariff Act, we have 
notified the International Trade Commission (ITC) of

[[Page 35657]]

our determination. As our final determination is affirmative, the ITC 
will, within 45 days, determine whether these imports are materially 
injuring, or threatening material injury to, the United States 
industry. If the ITC determines that material injury, or threat of 
material injury, does not exist, the proceeding will be terminated and 
all securities posted will be refunded or canceled. If the ITC 
determines that such injury does exist, the Department will issue an 
antidumping duty order.

Notification to Interested Parties

    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. Timely notification of 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.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Tariff Act.

    Dated: June 13, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

APPENDIX

List of Issues
1. Initiation of Targeted Dumping Analysis
2. Use of Offsets in Calculating Dumping Margin
[FR Doc. E8-14255 Filed 6-?23-08; 8:45 am]
BILLING CODE 3510-DS-S