Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Final Results of Countervailing Duty Administrative Review, 2512-2514 [E9-633]
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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices
all of the information necessary to
calculate dumping margins for these
sales, we find it appropriate to rely on
partial facts available pursuant to
section 776(a) of the Act. Furthermore,
because Poly Plast possessed the
necessary records to provide a complete
U.S. sales list but did not do so, we find
that it did not act to the best of its ability
to comply with our request for
information.
Accordingly, because Poly Plast failed
to cooperate in reporting all of its U.S.
sales of subject merchandise, we find
that use of information adverse to the
interests of Poly Plast, as facts otherwise
available, is appropriate pursuant to
section 776(b) of the Act. As adverse
facts available we have applied the
highest transaction–specific margin we
determined for sales Poly Plast reported
to the value of unreported U.S. sales.
For a complete discussion on this issue,
see Decision Memorandum at Comment
2.
Sales Below Cost in the Home Market
For these final results of review, the
Department disregarded home–market
sales by NPG and Poly Plast that failed
the cost–of-production test.
jlentini on PROD1PC65 with NOTICES
Final Results of the Review
As a result of our review, we
determine that the following percentage
weighted–average dumping margins
exist on PCRBs from Thailand for the
period August 1, 2006, through July 31,
2007:
unit of merchandise on each of that
importer’s or customer’s entries during
the review period. See 19 CFR
351.212(b)(1). Where the assessment
amount is above de minimis, we will
instruct CBP to assess duties on all
entries of subject merchandise by that
importer or customer.
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–
Policy Notice). This clarification will
apply to entries of subject merchandise
during the period of review produced by
companies included in these final
results of review for which the reviewed
companies did not know that the
merchandise they sold to an
intermediary (e.g., a reseller, trading
company, or exporter) 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 intermediary
involved in the transaction. See
Assessment–Policy Notice for a full
discussion of this clarification.
Because we are relying on total
adverse facts available to establish the
dumping margins for King Pac and
Master Packaging, we will instruct CBP
to apply a dumping margin of 122.88
percent to all entries of subject
merchandise produced and/or exported
by these companies.
Cash–Deposit Requirements
The following deposit requirements
Producer/Exporter
Margin (percent)
will be effective upon publication of
King Pac (aka King
this notice of final results of
Pak) ...........................
122.88 administrative review for all shipments
Master Packaging .........
122.88 of the subject merchandise entered, or
NPG ..............................
32.67 withdrawn from warehouse, for
Poly Plast ......................
8.94
consumption on or after the date of
publication, consistent with section
Assessment Rates
751(a)(1) of the Act: (1) the cash–deposit
rates for the reviewed companies will be
Upon issuance of these final results,
the Department will determine, and CBP the rates shown above; (2) for previously
investigated or reviewed companies not
shall assess, antidumping duties on all
listed above, the cash–deposit rate will
appropriate entries. The Department
intends to issue assessment instructions continue to be the company–specific
rate published for the most recent
to CBP 15 days after the date of
period; (3) if the exporter is not a firm
publication of these final results of
covered in this or a previous review or
review.
We calculated importer/customer–
the original less–than-fair–value (LTFV)
specific duty–assessment amounts with investigation but the manufacturer is,
respect to export–price sales by NPG
the cash–deposit rate will be the rate
and Poly Plast in the following manner. established for the most recent period
We divided the total dumping margins
for the manufacturer of the
(calculated as the difference between
merchandise; (4) the cash–deposit rate
normal value and the export price) for
for all other manufacturers or exporters
each exporter’s importer or customer by will continue to be 2.80 percent, the all–
the total number of units the exporter
others rate from the amended final
sold to that importer or customer. We
determination of the LTFV investigation
will direct CBP to assess the resulting
published on July 15, 2004. See Notice
per–unit dollar amount against each
of Amended Final Determination of
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18:58 Jan 14, 2009
Jkt 217001
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Frm 00005
Fmt 4703
Sfmt 4703
Sales at Less Than Fair Value:
Polyethylene Retail Carrier Bags From
Thailand, 69 FR 42419 (July 15, 2004).
These deposit requirements shall
remain in effect until further notice.
Notification Requirements
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. See id.
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.We are issuing
and publishing these results in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: January 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
1. Adverse Facts Available
2. Unreported Sales by Poly Plast
[FR Doc. E9–634 Filed 1–14–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–818]
Corrosion–Resistant Carbon Steel Flat
Products from the Republic of Korea:
Final Results of Countervailing Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 9, 2008, the
U.S. Department of Commerce (‘‘the
Department’’) published in the Federal
Register its preliminary results of the
administrative review of the
countervailing duty (‘‘CVD’’) order on
corrosion–resistant carbon steel flat
products (‘‘CORE’’) from the Republic of
Korea (‘‘Korea’’) for the period of review
E:\FR\FM\15JAN1.SGM
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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices
(‘‘POR’’) January 1, 2006, through
December 31, 2006. See Corrosion–
Resistant Carbon Steel Flat Products
From the Republic of Korea: Preliminary
Results of Countervailing Duty
Administrative Review. 73 FR 52315
(September 9, 2008) (‘‘Preliminary
Results’’). We preliminarily found that
Pohang Iron and Steel Co. Ltd.
(‘‘POSCO’’) and Dongbu Steel Co., Ltd.
(‘‘Dongbu’’) received de minimis
countervailable subsidies during the
POR. We received comments on our
preliminary results from POSCO, a
respondent company. The final results
are listed in the section ‘‘Final Results
of Review’’ below.
EFFECTIVE DATE: January 15, 2009.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak or Gayle Longest, AD/
CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, Room 4014, 14th Street and
Constitution Ave., NW, Washington, DC
20230; telephone: (202) 482–2209 and
(202) 482–3338, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 17, 1993, the Department
published in the Federal Register the
CVD order on CORE from Korea. See
Countervailing Duty Orders and
Amendments of Final Affirmative
Countervailing Duty Determinations:
Certain Steel Products from Korea, 58
FR 43752 (August 17, 1993). On
September 9, 2008, the Department
published in the Federal Register its
preliminary results of the administrative
review of this order for the period
January 1, 2006, through December 31,
2006. See Preliminary Results, 73 FR
52315. In accordance with 19 CFR
351.213(b), this administrative review
covers POSCO and Dongbu, producers
and exporters of subject merchandise.
In the Preliminary Results, we invited
interested parties to submit briefs or
request a hearing. We received
comments from POSCO, a respondent.
We received no comments from United
States Steel Corporation and Nucor
Corporation, (‘‘petitioners’’), or Dongbu.
The Department did not conduct a
hearing in this review because none was
requested.
jlentini on PROD1PC65 with NOTICES
Scope of Order
Products covered by this order are
certain corrosion–resistant carbon steel
flat products from Korea. These
products include 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–
VerDate Nov<24>2008
18:58 Jan 14, 2009
Jkt 217001
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. The merchandise subject
to this order is currently classifiable in
the Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings:
7210.30.0000, 7210.31.0000,
7210.39.0000, 7210.41.0000,
7210.49.0030, 7210.49.0090,
7210.60.0000, 7210.61.0000,
7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.1000,
7210.90.6000, 7210.90.9000,
7212.20.0000, 7212.21.0000,
7212.29.0000, 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, 7215.9030,
7215.90.5000, 7217.12.1000,
7217.13.1000, 7217.19.1000,
7217.19.5000, 7217.20.1500,
7217.22.5000, 7217.23.5000,
7217.29.1000, 7217.29.5000,
7217.30.15.0000, 7217.32.5000,
7217.33.5000, 7217.39.1000,
7217.39.5000, 7217.90.1000 and
7217.90.5000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise is dispositive.
Period of Review
The POR for which we are measuring
subsidies is from January 1, 2006,
through December 31, 2006.
Analysis of Comments
On October 9, 2008, POSCO filed
comments. Neither Dongbu nor
petitioners filed a case brief or a rebuttal
brief. All issues in POSCO’s case brief
are addressed in the accompanying
Issues and Decision Memorandum for
the Countervailing Duty Administrative
Review on Corrosion–Resistant carbon
Steel Flat Products from Korea
(‘‘Decision Memorandum’’), issued
concurrently and hereby adopted by this
notice. A listing of the issues that
parties raised and to which we have
responded is attached to this notice as
Appendix I. Parties can find a complete
discussion of the issues raised in this
review and the corresponding
recommendations in this public
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
memorandum, which is on file in the
Central Records Unit (‘‘CRU’’), Room
1117 of the main Commerce building. In
addition, a complete version of the
Decision Memorandum, can be accessed
directly on the World Wide Web at
https://ia.ita.doc.gov. The paper copy
and the electronic version of the
Decision Memorandum are identical in
content.
Final Results of Review
After reviewing POSCO’s comments,
we have not changed our findings from
the Preliminary Results as explained in
our Decision Memorandum. Consistent
with the Preliminary Results, we find
that POSCO and Dongbu received de
minimis countervailable subsidies
during the POR at the rates below:
Company
Pohang Iron and
Steel Co. Ltd.
(POSCO) ...............
Dongbu Steel Co.
Ltd. (Dongbu) ........
Net Subsidy Rate
0.09 percent ad
valorem (de minimis)
0.22 percent ad
valorem (de minimis)
Assessment Rates/Cash Deposits
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (‘‘CBP’’) 15 days
after the date of publication of these
final results of review to liquidate
shipments of subject merchandise by
POSCO and Dongbu entered, or
withdrawn from warehouse, for
consumption on or after January 1,
2006, through December 31, 2006,
without regard to countervailing duties.
We will also instruct CBP not to collect
cash deposits of estimated
countervailing duties on shipments of
the subject merchandise produced by
POSCO and Dongbu, entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of these final results of
review.
For all non–reviewed companies, the
Department has instructed CBP to assess
countervailing duties at the cash deposit
rates in effect at the time of entry, for
entries between January 1, 2006, and
December 31, 2006. The cash deposit
rates for all companies not covered by
this review are not changed by the
results of this review.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
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15JAN1
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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written 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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: January 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix I - Issues and Decision
Memorandum
Company–Specific Issue
Whether Certain Research and
Development (‘‘R&D’’) Grants Under the
Industrial Development Act (‘‘IDA’’) Are
Tied to Non–Subject Merchandise
[FR Doc. E9–633 Filed 1–14–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Intent To Prepare an
Environmental Impact Statement for
Basing the U.S. Marine Corps Joint
Strike Fighter F–35B on the East Coast
Department of the Navy, DoD.
Notice.
AGENCY:
ACTION:
jlentini on PROD1PC65 with NOTICES
SUMMARY: Pursuant to Section
(102)(2)(c) of the National
Environmental Policy Act (NEPA) of
1969, as implemented by the Council on
Environmental Quality Regulations (40
Code of Federal Regulations [CFR] Parts
1500–1508), the Department of the Navy
NEPA regulations (32 CFR Part 775),
and Marine Corps NEPA directives
(Marine Corps Order P5090.2A, change
1), the Department of the Navy intends
to prepare an Environmental Impact
Statement (EIS) and conduct public
scoping meetings for the proposed
basing and operation of 13 Joint Strike
Fighter (JSF) F–35B squadrons at Marine
Corps Air Station (MCAS) Beaufort, in
Beaufort, South Carolina and MCAS
Cherry Point in Havelock, North
Carolina.
DATES: Public scoping meetings,
following an informal open house
format, will be held from 4 p.m. to 7
p.m. on the dates indicated below, at the
following locations:
(1) February 3, 2009, Holiday Inn
Resort, Conference Room, 2225
Boundary St., Beaufort, SC.
VerDate Nov<24>2008
18:58 Jan 14, 2009
Jkt 217001
(2) February 4, 2009, Senior Center,
15 Thornton Drive, NE., Ludowici, GA.
(3) February 5, 2009, McIntosh
County Middle School, Cafeteria, 500
Green Street, Darien, GA.
(4) February 10, 2009, Havelock
Tourist and Event Center, 201 Tourist
Center Drive, Havelock, NC.
(5) February 11, 2009, Emerald Isle
Community Center, 7500 Emerald Isle
Dr., Emerald Isle, NC.
(6) February 12, 2009, Fred A.
Anderson Elementary School, Cafeteria,
507 Anderson Dr., Bayboro, NC.
Federal, state, and local agencies, and
interested parties and persons are
encouraged to attend any of the open
house scoping meetings. At these open
houses, proposal-related displays and
material will be available for public
review; Marine Corps and Navy staff
will be present to address questions;
and the public will have an opportunity
to submit written comments on
environmental concerns that should be
addressed in the EIS.
ADDRESSES: All are encouraged to
provide comments on the proposed
action and alternatives at any public
scoping open houses and anytime
during the 30-day scoping comment
period, which ends February 16, 2009.
There are three ways in which
comments can be submitted: (1) By
attending one of the public scoping
open houses, (2) by e-mail using the
project public Web site at https://
www.usmcJSFeast.com or (3) by mail.
All written comments on the scope of
the EIS should be submitted and
postmarked no later than February 16,
2009. Comments submitted by mail
should be sent to: USMC F–35B East
Coast Stationing EIS, P.O. Box 56488,
Jacksonville, FL 32241–6488.
FOR FURTHER INFORMATION CONTACT: The
F–35B EIS Project Manager at 757–444–
1126. Please submit requests for special
assistance, sign language interpretation
for the hearing impaired, or other
auxiliary aids needed at the public
meeting to the F–35B EIS Project
Manager by January 28, 2009.
SUPPLEMENTARY INFORMATION: The
Marine Corps variant of the JSF, the F–
35B, is a short take-off/vertical landing
(STOVL), multi-role fighter aircraft
whose primary emphasis is air-toground combat. The aircraft is designed
to replace existing fleets of F–18 A/C/D
Hornets (strike fighter), AV–8B Harriers
(attack), and the EA–6B Prowler
(electronic warfare) aircraft. The F–35B
East Coast basing proposal would take
approximately 11 years to implement
and would begin in 2012. The proposal
would base up to 216 aircraft (i.e., 10
active-duty and 1 reserve squadron of
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
up to 16 aircraft each and 2 Pilot
Training Center (PTC) squadrons at 20
aircraft each) at MCAS Beaufort and
MCAS Cherry Point. Facility
construction and modifications would
occur prior to and continue throughout
F–35B squadron arrivals; the F–35B
would operate within existing airspace
and at training ranges currently used by
Marine Corps Hornet, Harrier, and
Prowler aircraft.
Proposed Action
The proposed action would base and
operate a total of 13 F–35B (the Marine
Corps variant of the JSF) squadrons at
both MCAS Beaufort and MCAS Cherry
Point. This F–35B is a next generation,
stealth, supersonic, multi-role fighter
aircraft that will replace aging Marine
Corps fleets of F–18 A/C/D Hornets,
AV–8B Harriers, and EA–6B Prowlers in
the 2nd and 4th Marine Air Wings.
Specifically, the squadrons would
include up to 10 F–35B active-duty
squadrons of up to 16 aircraft per
squadron, 1 reserve F–35B squadron
comprising up to 16 aircraft, and 2 PTC
F–35B squadrons composed of up to 20
aircraft per squadron.
Purpose and Need
To meet any crisis or conflict that may
arise both now and into the future,
Marine Corps Aviation must be manned,
trained, and equipped to conduct worldwide air combat operations. For this
reason, technological superiority in its
air fleet is an essential requirement. The
purpose of the proposed action,
therefore, is to provide state-of-the art
F–35B aircraft to Marine Corps fleets by
replacing aging aircraft inventories. The
basing action would provide both the
facilities and functions to support and
maintain these new aircraft as well as
the airfields, airspace, and ranges to
train air crews in these next-generation
aircraft.
Preliminary Alternatives
The Marine Corps developed a range
of reasonable basing alternatives in a
three-tiered alternatives development
process. The process applied the
purpose and need to identify potential
sites that could maximize JSF
integration into existing Marine Air
Ground Task Force organizations,
maximize utilization of existing
infrastructure, and provide efficient use
of existing ranges. The alternative
development process identified five
preliminary basing alternatives. These
alternatives distribute differing
combinations of F–35B active-duty,
reserve, and PTC squadrons at MCAS
Beaufort and MCAS Cherry Point. The
basing alternatives include:
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Agencies
[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Notices]
[Pages 2512-2514]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-633]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-818]
Corrosion-Resistant Carbon Steel Flat Products from the Republic
of Korea: Final Results of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 9, 2008, the U.S. Department of Commerce (``the
Department'') published in the Federal Register its preliminary results
of the administrative review of the countervailing duty (``CVD'') order
on corrosion-resistant carbon steel flat products (``CORE'') from the
Republic of Korea (``Korea'') for the period of review
[[Page 2513]]
(``POR'') January 1, 2006, through December 31, 2006. See Corrosion-
Resistant Carbon Steel Flat Products From the Republic of Korea:
Preliminary Results of Countervailing Duty Administrative Review. 73 FR
52315 (September 9, 2008) (``Preliminary Results''). We preliminarily
found that Pohang Iron and Steel Co. Ltd. (``POSCO'') and Dongbu Steel
Co., Ltd. (``Dongbu'') received de minimis countervailable subsidies
during the POR. We received comments on our preliminary results from
POSCO, a respondent company. The final results are listed in the
section ``Final Results of Review'' below.
EFFECTIVE DATE: January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Robert Copyak or Gayle Longest, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, Room 4014, 14th Street and
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-2209
and (202) 482-3338, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 17, 1993, the Department published in the Federal
Register the CVD order on CORE from Korea. See Countervailing Duty
Orders and Amendments of Final Affirmative Countervailing Duty
Determinations: Certain Steel Products from Korea, 58 FR 43752 (August
17, 1993). On September 9, 2008, the Department published in the
Federal Register its preliminary results of the administrative review
of this order for the period January 1, 2006, through December 31,
2006. See Preliminary Results, 73 FR 52315. In accordance with 19 CFR
351.213(b), this administrative review covers POSCO and Dongbu,
producers and exporters of subject merchandise.
In the Preliminary Results, we invited interested parties to submit
briefs or request a hearing. We received comments from POSCO, a
respondent. We received no comments from United States Steel
Corporation and Nucor Corporation, (``petitioners''), or Dongbu. The
Department did not conduct a hearing in this review because none was
requested.
Scope of Order
Products covered by this order are certain corrosion-resistant
carbon steel flat products from Korea. These products include 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. The merchandise subject to
this order is currently classifiable in the Harmonized Tariff Schedule
of the United States (HTSUS) at subheadings: 7210.30.0000,
7210.31.0000, 7210.39.0000, 7210.41.0000, 7210.49.0030, 7210.49.0090,
7210.60.0000, 7210.61.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090,
7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.21.0000,
7212.29.0000, 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,
7215.9030, 7215.90.5000, 7217.12.1000, 7217.13.1000, 7217.19.1000,
7217.19.5000, 7217.20.1500, 7217.22.5000, 7217.23.5000, 7217.29.1000,
7217.29.5000, 7217.30.15.0000, 7217.32.5000, 7217.33.5000,
7217.39.1000, 7217.39.5000, 7217.90.1000 and 7217.90.5000. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the Department's written description of the merchandise is dispositive.
Period of Review
The POR for which we are measuring subsidies is from January 1,
2006, through December 31, 2006.
Analysis of Comments
On October 9, 2008, POSCO filed comments. Neither Dongbu nor
petitioners filed a case brief or a rebuttal brief. All issues in
POSCO's case brief are addressed in the accompanying Issues and
Decision Memorandum for the Countervailing Duty Administrative Review
on Corrosion-Resistant carbon Steel Flat Products from Korea
(``Decision Memorandum''), issued concurrently and hereby adopted by
this notice. A listing of the issues that parties raised and to which
we have responded is attached to this notice as Appendix I. Parties can
find a complete discussion of the issues raised in this review and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit (``CRU''), Room 1117 of the main
Commerce building. In addition, a complete version of the Decision
Memorandum, can be accessed directly on the World Wide Web at https://
ia.ita.doc.gov. The paper copy and the electronic version of the
Decision Memorandum are identical in content.
Final Results of Review
After reviewing POSCO's comments, we have not changed our findings
from the Preliminary Results as explained in our Decision Memorandum.
Consistent with the Preliminary Results, we find that POSCO and Dongbu
received de minimis countervailable subsidies during the POR at the
rates below:
------------------------------------------------------------------------
Company Net Subsidy Rate
------------------------------------------------------------------------
Pohang Iron and Steel Co. Ltd. (POSCO)............ 0.09 percent ad
valorem (de minimis)
Dongbu Steel Co. Ltd. (Dongbu).................... 0.22 percent ad
valorem (de minimis)
------------------------------------------------------------------------
Assessment Rates/Cash Deposits
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (``CBP'') 15 days after the date of
publication of these final results of review to liquidate shipments of
subject merchandise by POSCO and Dongbu entered, or withdrawn from
warehouse, for consumption on or after January 1, 2006, through
December 31, 2006, without regard to countervailing duties. We will
also instruct CBP not to collect cash deposits of estimated
countervailing duties on shipments of the subject merchandise produced
by POSCO and Dongbu, entered, or withdrawn from warehouse, for
consumption on or after the date of publication of these final results
of review.
For all non-reviewed companies, the Department has instructed CBP
to assess countervailing duties at the cash deposit rates in effect at
the time of entry, for entries between January 1, 2006, and December
31, 2006. The cash deposit rates for all companies not covered by this
review are not changed by the results of this review.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information
[[Page 2514]]
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written 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.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: January 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I - Issues and Decision Memorandum
Company-Specific Issue
Whether Certain Research and Development (``R&D'') Grants Under the
Industrial Development Act (``IDA'') Are Tied to Non-Subject
Merchandise
[FR Doc. E9-633 Filed 1-14-09; 8:45 am]
BILLING CODE 3510-DS-S