Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Notice of Final Results of the Fourteenth Administrative Review and Partial Rescission, 11082-11084 [E9-5631]
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11082
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices
liquidate all entries at the appropriate
rates.
This notice is published in
accordance with sections 751(a)(1) and
777(i) of the Tariff Act of 1930, as
amended.
Dated: March 4, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–5665 Filed 3–13–09; 8:45 am]
BILLING CODE 3510–DS–S
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 the
Fourteenth Administrative Review and
Partial Rescission
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 9, 2008, the
Department of Commerce (the
Department) published the preliminary
results of the antidumping duty
administrative review for certain
corrosion–resistant carbon steel flat
products (CORE) from the Republic of
Korea (Korea). See Certain Corrosion–
Resistant Carbon Steel Flat Products
From the Republic of Korea: Notice of
Preliminary Results of the Antidumping
Duty Administrative Review, 73 FR
52267 (September 9, 2008) (Preliminary
Results). This review covers seven
manufacturers and exporters
(collectively, the respondents) of the
subject merchandise: LG Chem., Ltd.
(LG), Haewon MSC Co. Ltd. (Haewon),
Dongkuk Industries Co., Ltd. (Dongkuk),
Dongbu Steel Co., Ltd., (Dongbu),
Hyundai HYSCO (HYSCO), Pohang Iron
& Steel Co., Ltd. (POSCO) and Pohang
Coated Steel Co., Ltd. (POCOS)
(collectively, the POSCO Group), and
Union Steel Manufacturing Co., Ltd.
(Union) (collectively, respondents).1
The period of review (POR) is August 1,
2006, through July 31, 2007.
As a result of our analysis of the
comments received, these final results
1 As
noted in the Preliminary Results, on
December 6, 2007, the Department selected Dongbu,
HYSCO, the POSCO Group and Union as
mandatory respondents in this review. See
Memorandum from Christopher Hargett,
International Trade Compliance Analyst, through
James Terpstra, Program Manager, to Melissa
Skinner, Director, Office 3, entitled ‘‘2006-2007
Antidumping Duty Administrative Review of
Corrosion-Resistant Carbon Steel Flat Products from
the Republic of Korea: Selection of Respondents for
Individual Review,’’ dated December 6, 2007.
VerDate Nov<24>2008
15:38 Mar 13, 2009
Jkt 217001
differ from the Preliminary Results. For
our final results, we find that Dongbu,
HYSCO, the POSCO Group, and Union,
made sales of subject merchandise at
less than normal value (NV). In
addition, based on the final results for
the respondents selected for individual
review, we have determined a
weighted–average margin for those
companies that were not selected for
individual review. Further, we find that
the single sale made by Haewon during
the POR was covered by the new
shipper review published in the Federal
Register on June 23, 2008,2 and thus,
Haewon should be rescinded from the
instant review.
EFFECTIVE DATE: March 16, 2009.
FOR FURTHER INFORMATION CONTACT:
Jolanta Lawska (Union), Cindy Robinson
(Dongbu), Christopher Hargett (HYSCO)
and Victoria Cho (the POSCO Group,
and non–selected companies), 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: (202) 482–8362, (202) 482–
3797, (202) 482–4161, and (202) 482–
5075, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 9, 2008, the
Department published the Preliminary
Results. In the Preliminary Results, the
Department determined that during the
POR, Dongbu, HYSCO, the POSCO
Group, and Union, made sales of subject
merchandise at less than normal value
(NV). In addition, based on the
preliminary results for the respondents
selected for individual review, the
Department calculated a weighted–
average margin for those companies that
were not selected for individual review.
On November 12, 2008, the Department
extended the time limits for the final
results of this review until no later than
March 9, 2009. See Corrosion–Resistant
Carbon Steel Flat Products from the
Republic of Korea: Extension of Time
Limits for the Final Results of
Antidumping Duty Administrative
Review, 73 FR 66841 (November 12,
2008).
Comments from Interested Parties
We invited parties to comment on our
Preliminary Results. On October 9,
2008, ArcelorMittal Steel Inc. (Mittal),
United States Steel Corporation (US
Steel), and Nucor Corporation (Nucor)
2 See Certain Corrosion-Resistant Carbon Steel
Flat Products from the Republic of Korea: Notice of
Final Results of Antidumping Duty New Shipper
Review, 73 FR 35366 (June 23, 2008).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
filed case briefs concerning all four
mandatory respondents. On the same
day, the four mandatory respondents
and Haewon filed case briefs. On
October 17, 2008, Mittal, US Steel, and
Nucor filed rebuttal briefs concerning
all of the mandatory respondents. The
four mandatory respondents filed
rebuttal briefs on the same day.
Scope of the Order
This order covers cold–rolled (cold–
reduced) carbon steel 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, 7210.61.0000,
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, 7217.90.5090. Included in
this order are corrosion–resistant flat–
rolled products of non–rectangular
cross–section where such cross–section
is achieved subsequent to the rolling
process (i.e., products which have been
‘‘worked after rolling’’) – for example,
products which have been beveled or
rounded at the edges. 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
E:\FR\FM\16MRN1.SGM
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Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices
11083
other than those covered by this review,
the cash deposit rate will be the
company–specific rate established for
Dongbu .......................................
1.85 the most recent period; (3) if the
HYSCO .......................................
1.57
exporter is not a firm covered in this
The POSCO Group ....................
0.53
Union ..........................................
7.56 review, a prior review, or the less–thanfair–value investigation, but the
Review–Specific Average Rate
producer is, the cash deposit rate will be
Applicable to the Following
the rate established for the most recent
Companies3: LG, and
Dongkuk ..................................
5.01 period for the manufacturer of the
subject merchandise; and (4) if neither
3 This rate is based on the weighted average of the margins calculated for those com- the exporter nor the producer is a firm
panies selected for individual review, exclud- covered in this review, a prior review,
ing de minimis margins or margins based en- or the investigation, the cash deposit
tirely on adverse facts available.
rate will be 17.70 percent, the all–others
rate established in the less–than-fair–
Assessment
value investigation. These deposit
The Department will determine, and
requirements shall remain in effect until
Analysis of Comments Received
U.S. Customs and Border Protection
further notice.
(CBP) shall assess, antidumping duties
All issues raised in the case and
on all appropriate entries, pursuant to
Reimbursement of Duties
rebuttal briefs by parties to this
19 CFR 351.212(b). The Department
administrative review are addressed in
This notice also serves as a final
calculated importer–specific duty
the accompanying Issues and Decision
reminder to importers of their
assessment rates on the basis of the ratio
Memorandum, which is hereby adopted
responsibility under 19 CFR 351.402(f)
by this notice. A list of the issues which of the total antidumping duties
to file a certificate regarding the
calculated for the examined sales to the
parties have raised, and to which we
reimbursement of antidumping and/or
total entered value of the examined
have responded in the Issues and
countervailing duties prior to
sales for that importer. Where the
Decision Memorandum, is attached to
liquidation of the relevant entries
this notice as an Appendix. In addition, assessment rate is above de minimis, we during this review period. Failure to
will instruct CBP to assess duties on all
a complete version of the Issues and
comply with this requirement could
Decision Memorandum can be accessed entries of subject merchandise by that
result in the presumption that
importer. The Department intends to
directly on the Internet at https://
reimbursement of antidumping and/or
issue appropriate assessment
ia.ita.doc.gov/frn. The paper copy and
countervailing duties occurred and the
instructions directly to CBP 15 days
electronic version of the Issues and
subsequent increase in antidumping
after publication of these final results of
Decision Memorandum are identical in
duties by the amount of antidumping
review.
content.
and/or countervailing duties
The Department clarified its
reimbursed.
Partial Rescission of Review
‘‘automatic assessment’’’ regulation on
May 6, 2003 (68 FR 23954). This
Pursuant to 19 CFR 351.214(j), the
Administrative Protective Order
clarification applies to POR entries of
Department may rescind an
This notice also is the only reminder
administrative review, in whole or only subject merchandise produced by
to parties subject to administrative
companies examined in this review (i.e.,
with respect to a particular exporter or
protective order (APO) of their
companies for which a dumping margin
producer, if the Secretary concludes
responsibility concerning the return or
was calculated) where the companies
that, during the period covered by the
destruction of proprietary information
review, the merchandise sold in the U.S. did not know that their merchandise
disclosed under APO in accordance
was destined for the United States. In
was subject to a new shipper review,
with 19 CFR 351.305. Timely written
such instances, we will instruct CBP to
pursuant to section 751(a)(2)(B) of the
notification of the return/destruction of
Tariff Act of 1930, as amended (the Act). liquidate unreviewed entries at the all–
APO materials or conversion to judicial
others rate if there is no rate for the
The merchandise sold by Haewon
protective order is hereby requested.
intermediate company(ies) involved in
during the current review is the same
Failure to comply with the regulations
the transaction. For a full discussion of
merchandise that was examined by the
and the terms of an APO is a
this clarification, see Antidumping and
Department in a new shipper review.
sanctionable violation.
See Certain Corrosion–Resistant Carbon Countervailing Duty Proceedings:
We are issuing and publishing these
Steel Flat Products from the Republic of Assessment of Antidumping Duties, 68
results and notice in accordance with
FR 23954 (May 6, 2003).
Korea: Notice of Final Results of
sections 751(a)(1) and 777(i)(1) of the
Antidumping Duty New Shipper Review, Cash Deposit Requirements
Act.
73 FR 35366 (June 23, 2008)(Haewon
The following deposit requirements
Dated: March 9, 2009.
New Shipper Review). Therefore, we are
will be effective upon publication of the Ronald K. Lorentzen,
rescinding this review with respect to
final results of this administrative
Acting Assistant Secretary for Import
Haewon in accordance with 19 CFR
review for all shipments of CORE from
Administration.
351.214(j). The cash–deposit rate for
Haewon will remain the rate established Korea entered, or withdrawn from
Appendix I
warehouse, for consumption on or after
in the final results of the new shipper
the publication date of these final
List of Comments in the Accompanying
review. See Haewon New Shipper
results, as provided by section 751(a) of Issues and Decision Memorandum
Review.
the Act: (1) for companies covered by
Final Results of Review
this review, the cash deposit rate will be A. General Issues
the rate listed above; (2) for previously
We determine that the following
Comment 1: Model–Match Methodology
reviewed or investigated companies
weighted–average margins exist:
and Laminated Products
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.
VerDate Nov<24>2008
15:38 Mar 13, 2009
Jkt 217001
PO 00000
Manufacturer/exporter
Frm 00006
Fmt 4703
Sfmt 4703
Percent
margin
E:\FR\FM\16MRN1.SGM
16MRN1
11084
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices
Comment 2: Treatment of Negative
Dumping Margins (Zeroing)
Comment 3: Recalculation of General
and Administrative (‘‘G&A’’) and
Financial Expense Ratios
DEPARTMENT OF COMMERCE
B. Company–Specific Issues
Certain Pasta from Italy: Extension of
Time Limit for Preliminary Results of
the 12th (2007) Countervailing Duty
Administrative Review
International Trade Administration
C–475–819
Dongbu
Comment 4: Exclusion of Gains and
Losses on Currency Forward Contracts
Comment 5: Exclusion of Losses on the
Disposal of Accounts Receivable from
Short Term Interest Rate Calculation
Union
Comment 6: Inclusion of Union’s U.S.
Warehousing Expenses in the
Calculation of International Movement
Expense
Comment 7: The Department’s
Treatment of Union’s Purchases of Steel
Substrate from Affiliated and
Unaffiliated Parties
POSCO
Comment 8: Whether to Collapse the
POSCO Group and Union for the Final
Results
Comment 9: The POSCO Group’s Inland
Freight from Plant to Port Incurred by
POSCO for Its U.S. Sales
Comment 10: The Department’s
Calculation of POCOS’ Loans in the
Calculation of the Home Market Interest
Rate
Comment 11: The Department’s
Calculation of the POSCO Group’s U.S.
Indirect Selling Expense (INDIRSU)
Comment 12: The POSCO Group’s
Reporting of POCOS’ Home Market
Warranty
Comment 13: The POSCO Group’s
Transaction–Specific Reporting of
Expenses
Comment 14: The POSCO Group’s
Transaction–Specific Reporting of Other
Transportation Expenses
Hyundai HYSCO
Comment 15: Inclusion of Sales to
Affiliates in the CEP Profit Calculation
Comment 16: Recalculation of Net
Interest Expense
Comment 17: HYSCO’s Window Period
Comment 18: HYSCO’s Date of Sale
Haewon
Comment 19: Haewon’s Cash Deposit
Rate
[FR Doc. E9–5631 Filed 3–13–09; 8:45 am]
BILLING CODE 3510–DS–S
VerDate Nov<24>2008
15:38 Mar 13, 2009
Jkt 217001
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 16, 2009.
FOR FURTHER INFORMATION CONTACT:
Andrew McAllister or Shelly Atkinson,
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) 482–1174 and (202)
482–0116, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 24, 1996, the Department of
Commerce (‘‘the Department’’)
published a countervailing duty order
on certain pasta from Italy. See Notice
of Countervailing Duty Order and
Amended Final Affirmative
Countervailing Duty Determination:
Certain Pasta From Italy, 61 FR 38544
(July 24, 1996). On July 11, 2008, the
Department published a notice of
‘‘Opportunity to Request Administrative
Review’’ of this countervailing duty
order for calendar year 2007, the period
of review (‘‘POR’’). See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 73
FR 39948 (July 11, 2008). In accordance
with 19 CFR 351.221(c)(1)(i), we
published a notice of initiation of the
review on August 26, 2008, for the POR.
See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 73 FR 50308 (August 26, 2008).
The preliminary results for this review
are currently due no later than April 2,
2009.
Extension of Time Limits for
Preliminary Results
Frm 00007
Fmt 4703
Sfmt 4703
Dated: March 10, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–5646 Filed 3–13–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–475–818)
Certain Pasta from Italy: Extension of
Time Limits for the Preliminary Results
of Twelfth Antidumping Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Ave, NW, Washington, DC 20230;
telephone (202) 482–4161
Background
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to issue the
preliminary results of an administrative
review within 245 days after the last day
of the anniversary month of an order for
which a review is requested and the
final results of review within 120 days
after the date on which the preliminary
results are published. If it is not
practicable to complete the review
within the time period, section
PO 00000
751(a)(3)(A) of the Act allows the
Department to extend these deadlines to
a maximum of 365 days and 180 days,
respectively.
We are awaiting supplemental
information from the respondent and
the Government of Italy in this review.
Because the Department will require
additional time to review and analyze
this supplemental information and may
issue further supplemental
questionnaires, it is not practicable to
complete this review within the
originally anticipated time limit (i.e., by
April 2, 2009). Therefore, the
Department is extending the time limit
for completion of the preliminary
results to not later than June 1, 2009, in
accordance with section 751(a)(3)(A) of
the Act.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
On August 26, 2008, the U.S.
Department of Commerce
(‘‘Department’’) published a notice of
initiation of the administrative review of
the antidumping duty order on certain
pasta from Italy, covering the period
July 1, 2007 to June 30, 2008. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 73 FR 50308 (August 26, 2008).
The preliminary results of this review
are currently due no later than April 2,
2009.
E:\FR\FM\16MRN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Notices]
[Pages 11082-11084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5631]
-----------------------------------------------------------------------
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 the Fourteenth
Administrative Review and Partial Rescission
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 9, 2008, the Department of Commerce (the
Department) published the preliminary results of the antidumping duty
administrative review for certain corrosion-resistant carbon steel flat
products (CORE) from the Republic of Korea (Korea). See Certain
Corrosion-Resistant Carbon Steel Flat Products From the Republic of
Korea: Notice of Preliminary Results of the Antidumping Duty
Administrative Review, 73 FR 52267 (September 9, 2008) (Preliminary
Results). This review covers seven manufacturers and exporters
(collectively, the respondents) of the subject merchandise: LG Chem.,
Ltd. (LG), Haewon MSC Co. Ltd. (Haewon), Dongkuk Industries Co., Ltd.
(Dongkuk), Dongbu Steel Co., Ltd., (Dongbu), Hyundai HYSCO (HYSCO),
Pohang Iron & Steel Co., Ltd. (POSCO) and Pohang Coated Steel Co., Ltd.
(POCOS) (collectively, the POSCO Group), and Union Steel Manufacturing
Co., Ltd. (Union) (collectively, respondents).\1\ The period of review
(POR) is August 1, 2006, through July 31, 2007.
---------------------------------------------------------------------------
\1\ As noted in the Preliminary Results, on December 6, 2007,
the Department selected Dongbu, HYSCO, the POSCO Group and Union as
mandatory respondents in this review. See Memorandum from
Christopher Hargett, International Trade Compliance Analyst, through
James Terpstra, Program Manager, to Melissa Skinner, Director,
Office 3, entitled ``2006-2007 Antidumping Duty Administrative
Review of Corrosion-Resistant Carbon Steel Flat Products from the
Republic of Korea: Selection of Respondents for Individual Review,''
dated December 6, 2007.
---------------------------------------------------------------------------
As a result of our analysis of the comments received, these final
results differ from the Preliminary Results. For our final results, we
find that Dongbu, HYSCO, the POSCO Group, and Union, made sales of
subject merchandise at less than normal value (NV). In addition, based
on the final results for the respondents selected for individual
review, we have determined a weighted-average margin for those
companies that were not selected for individual review. Further, we
find that the single sale made by Haewon during the POR was covered by
the new shipper review published in the Federal Register on June 23,
2008,\2\ and thus, Haewon should be rescinded from the instant review.
---------------------------------------------------------------------------
\2\ See Certain Corrosion-Resistant Carbon Steel Flat Products
from the Republic of Korea: Notice of Final Results of Antidumping
Duty New Shipper Review, 73 FR 35366 (June 23, 2008).
---------------------------------------------------------------------------
EFFECTIVE DATE: March 16, 2009.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska (Union), Cindy Robinson
(Dongbu), Christopher Hargett (HYSCO) and Victoria Cho (the POSCO
Group, and non-selected companies), 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: (202) 482-8362, (202) 482-3797, (202) 482-4161, and
(202) 482-5075, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 9, 2008, the Department published the Preliminary
Results. In the Preliminary Results, the Department determined that
during the POR, Dongbu, HYSCO, the POSCO Group, and Union, made sales
of subject merchandise at less than normal value (NV). In addition,
based on the preliminary results for the respondents selected for
individual review, the Department calculated a weighted-average margin
for those companies that were not selected for individual review. On
November 12, 2008, the Department extended the time limits for the
final results of this review until no later than March 9, 2009. See
Corrosion-Resistant Carbon Steel Flat Products from the Republic of
Korea: Extension of Time Limits for the Final Results of Antidumping
Duty Administrative Review, 73 FR 66841 (November 12, 2008).
Comments from Interested Parties
We invited parties to comment on our Preliminary Results. On
October 9, 2008, ArcelorMittal Steel Inc. (Mittal), United States Steel
Corporation (US Steel), and Nucor Corporation (Nucor) filed case briefs
concerning all four mandatory respondents. On the same day, the four
mandatory respondents and Haewon filed case briefs. On October 17,
2008, Mittal, US Steel, and Nucor filed rebuttal briefs concerning all
of the mandatory respondents. The four mandatory respondents filed
rebuttal briefs on the same day.
Scope of the Order
This order covers cold-rolled (cold-reduced) carbon steel 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, 7210.61.0000, 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, 7217.90.5090. Included in this order are
corrosion-resistant flat-rolled products of non-rectangular cross-
section where such cross-section is achieved subsequent to the rolling
process (i.e., products which have been ``worked after rolling'') - for
example, products which have been beveled or rounded at the edges.
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
[[Page 11083]]
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[percnt]-60[percnt]-
20[percnt] ratio.
These HTSUS item numbers are provided for convenience and customs
purposes. The written descriptions remain dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the accompanying Issues and
Decision Memorandum, which is hereby adopted by this notice. A list of
the issues which parties have raised, and to which we have responded in
the Issues and Decision Memorandum, is attached to this notice as an
Appendix. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the Internet at https://
ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues
and Decision Memorandum are identical in content.
Partial Rescission of Review
Pursuant to 19 CFR 351.214(j), the Department may rescind an
administrative review, in whole or only with respect to a particular
exporter or producer, if the Secretary concludes that, during the
period covered by the review, the merchandise sold in the U.S. was
subject to a new shipper review, pursuant to section 751(a)(2)(B) of
the Tariff Act of 1930, as amended (the Act). The merchandise sold by
Haewon during the current review is the same merchandise that was
examined by the Department in a new shipper review. See Certain
Corrosion-Resistant Carbon Steel Flat Products from the Republic of
Korea: Notice of Final Results of Antidumping Duty New Shipper Review,
73 FR 35366 (June 23, 2008)(Haewon New Shipper Review). Therefore, we
are rescinding this review with respect to Haewon in accordance with 19
CFR 351.214(j). The cash-deposit rate for Haewon will remain the rate
established in the final results of the new shipper review. See Haewon
New Shipper Review.
Final Results of Review
We determine that the following weighted-average margins exist:
------------------------------------------------------------------------
Percent
Manufacturer/exporter margin
------------------------------------------------------------------------
Dongbu...................................................... 1.85
HYSCO....................................................... 1.57
The POSCO Group............................................. 0.53
Union....................................................... 7.56
Review-Specific Average Rate Applicable to the Following 5.01
Companies\3\: LG, and Dongkuk..............................
------------------------------------------------------------------------
\3\ This rate is based on the weighted average of the margins calculated
for those companies selected for individual review, excluding de
minimis margins or margins based entirely on adverse facts available.
Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to 19 CFR 351.212(b). The Department calculated
importer-specific duty assessment rates on the basis of the ratio of
the total antidumping duties calculated for the examined sales to the
total entered value of the examined sales for that importer. Where the
assessment rate is above de minimis, we will instruct CBP to assess
duties on all entries of subject merchandise by that importer. The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of these final results of
review.
The Department clarified its ``automatic assessment''' regulation
on May 6, 2003 (68 FR 23954). This clarification applies to POR entries
of subject merchandise produced by companies examined in this review
(i.e., companies for which a dumping margin was calculated) where the
companies did not know that their 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 Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of CORE from Korea entered, or withdrawn from warehouse, for
consumption on or after the publication date of these final results, as
provided by section 751(a) of the Act: (1) for companies covered by
this review, the cash deposit rate will be the rate listed above; (2)
for previously reviewed or investigated companies other than those
covered by this review, the cash deposit rate will be the company-
specific rate established for the most recent period; (3) if the
exporter is not a firm covered in this review, a prior review, or the
less-than-fair-value investigation, but the producer is, the cash
deposit rate will be the rate established for the most recent period
for the manufacturer of the subject merchandise; and (4) if neither the
exporter nor the producer is a firm covered in this review, a prior
review, or the investigation, the cash deposit rate will be 17.70
percent, the all-others rate established in the less-than-fair-value
investigation. These deposit requirements shall remain in effect until
further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during this review period. Failure
to comply with this requirement could result in the presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent increase in antidumping duties by the amount of
antidumping and/or countervailing duties reimbursed.
Administrative Protective Order
This notice also is the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 9, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
List of Comments in the Accompanying Issues and Decision Memorandum
A. General Issues
Comment 1: Model-Match Methodology and Laminated Products
[[Page 11084]]
Comment 2: Treatment of Negative Dumping Margins (Zeroing)
Comment 3: Recalculation of General and Administrative (``G&A'') and
Financial Expense Ratios
B. Company-Specific Issues
Dongbu
Comment 4: Exclusion of Gains and Losses on Currency Forward Contracts
Comment 5: Exclusion of Losses on the Disposal of Accounts Receivable
from Short Term Interest Rate Calculation
Union
Comment 6: Inclusion of Union's U.S. Warehousing Expenses in the
Calculation of International Movement Expense
Comment 7: The Department's Treatment of Union's Purchases of Steel
Substrate from Affiliated and Unaffiliated Parties
POSCO
Comment 8: Whether to Collapse the POSCO Group and Union for the Final
Results
Comment 9: The POSCO Group's Inland Freight from Plant to Port Incurred
by POSCO for Its U.S. Sales
Comment 10: The Department's Calculation of POCOS' Loans in the
Calculation of the Home Market Interest Rate
Comment 11: The Department's Calculation of the POSCO Group's U.S.
Indirect Selling Expense (INDIRSU)
Comment 12: The POSCO Group's Reporting of POCOS' Home Market Warranty
Comment 13: The POSCO Group's Transaction-Specific Reporting of
Expenses
Comment 14: The POSCO Group's Transaction-Specific Reporting of Other
Transportation Expenses
Hyundai HYSCO
Comment 15: Inclusion of Sales to Affiliates in the CEP Profit
Calculation
Comment 16: Recalculation of Net Interest Expense
Comment 17: HYSCO's Window Period
Comment 18: HYSCO's Date of Sale
Haewon
Comment 19: Haewon's Cash Deposit Rate
[FR Doc. E9-5631 Filed 3-13-09; 8:45 am]
BILLING CODE 3510-DS-S
