Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review in Part, 10207-10210 [2010-4711]

Download as PDF Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices • Matters Referred to the CCCF by Codex and other Codex Committees and Task Forces • Matters of Interest Arising from FAO and WHO (including JECFA) • Matters of Interest Arising from other International Organizations— International Atomic Energy Agency (IAEA) • Proposed Draft Code of Practice for the Reduction of Ethyl Carbamate in Stone Fruit Distillates • Proposed Draft Maximum Levels for Melamine in Food and Feed • Proposed Draft Maximum Levels for Total Aflatoxins in Brazil Nuts • Proposed Draft Revision of the Code of Practice for the Prevention and Reduction of Aflatoxin in Tree Nuts (Additional Measures for Brazil Nuts) • Proposed Draft Maximum Levels for Fumonisins in Maize and Maize Products and Associated Sampling Plans • Discussion Paper on Mycotoxins in Sorghum • Priority List of Contaminants and Naturally Occurring Toxicants Proposed for Evaluation by JECFA Each issue listed will be fully described in documents distributed, or to be distributed, by the Secretariat prior to the meeting. Members of the public may access copies of these documents (see ADDRESSES). erowe on DSK5CLS3C1PROD with NOTICES Public Meeting At the March 29, 2010, public meeting, draft U.S. positions on the agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to Dr. Henry Kim for the 4th Session of the CCCF (see ADDRESSES). Written comments should state that they relate to activities of the 4th Session of the CCCF. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that minorities, women, and persons with disabilities are aware of this notice, FSIS will announce it online through the FSIS Web page located at https://www.fsis.usda.gov/ Regulations_&_Policies/ 2010_Notices_Index/index.asp. FSIS will also make copies of this Federal Register publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest VerDate Nov<24>2008 14:45 Mar 04, 2010 Jkt 220001 to constituents and stakeholders. The Update is communicated via Listserv, a free electronic mail subscription service for industry, trade groups, consumer interest groups, health professionals, and other individuals who have asked to be included. The Update is also available on the FSIS Web page. Through the Listserv and Web page, FSIS is able to provide information to a much broader and more diverse audience. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at https:// www.fsis.usda.gov/news_and_events/ email_subscription/. Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts. Done in Washington, DC on March 1, 2010. Karen Stuck, U.S. Manager for Codex Alimentarius. [FR Doc. 2010–4694 Filed 3–4–10; 8:45 am] BILLING CODE 3410–DM–P AGENCY FOR INTERNATIONAL DEVELOPMENT Notice of Public Information Collections being Reviewed by the U.S. Agency for International Development; Comments Requested SUMMARY: U.S. Agency for International Development (USAID)—is making efforts to reduce the paperwork burden. USAID invites the general public and other Federal agencies to take this opportunity to comment on the following proposed and/or continuing information collections, as required by the Paperwork Reduction Act for 1995. Comments are requested concerning: (a) Whether the proposed or continuing collections of information are necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Submit comments on or before May 4, 2010. FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 10207 Beverly Johnson, Bureau for Management, Office of Administrative Services, Information and Records Division, U.S. Agency for International Development, Room 2.07–106, RRB, Washington, DC 20523. (202) 712–1365 or via e-mail bjohnson@usaid.gov. ADDRESSES: Send comments via e-mail at ssegal@usaid.gov or mail comments to: Sabrina Segal, Office of the General Counsel (A/GC) United States Agency for International Development, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW., Washington, DC 20523 (202) 712–5409. SUPPLEMENTARY INFORMATION: The U.S. Agency for International Development (USAID) has previously sought emergency clearance from OMB and has received it. OMB No.: OMB 0412–New. Form No.: N/A. Title: Disaster and Emergency Relief Information. Type of Review: New Information Collection. Purpose: The purpose of this Information Collection is to enable the U.S. Agency for International Development (USAID) to collect information from members of the public as it relates to in-kind donations or expressions of interest to volunteer in response to an international disaster or emergency where USAID has been tasked with relief or recovery responsibilities. Annual Reporting Burden: Respondents: 2,000. Total annual responses: 2,000. Total annual hours requested: 500 hours. Dated: February 24, 2010. Roberto Miranda, Director, Office of Administrative Services, Bureau for Management. [FR Doc. 2010–4426 Filed 3–3–10; 8:45 am] BILLING CODE 6116–01–M DEPARTMENT OF COMMERCE International Trade Administration [A–580–836] Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 24, 2009, the Department of Commerce published the E:\FR\FM\05MRN1.SGM 05MRN1 10208 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices preliminary results of the administrative review of the antidumping duty order on certain cut-to-length carbon-quality steel plate from the Republic of Korea and the intent to rescind the administrative review in part. The review covers three manufacturers/ exporters. The period of review is February 1, 2008, through January 31, 2009. We have rescinded the review with respect to one company and we have made no changes for the final results of review. The final margins are listed below in the ‘‘Final Results of the Review’’ section of this notice. DATES: Effective Date: March 5, 2010. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Richard Rimlinger, AD/CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–5760 or (202) 482– 4477, respectively. SUPPLEMENTARY INFORMATION: erowe on DSK5CLS3C1PROD with NOTICES Background On September 24, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain cut-to-length carbon-quality steel plate (CTL plate) from the Republic of Korea (Korea) and intent to rescind the administrative review in part. See Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Intent To Rescind Administrative Review in Part, 74 FR 48716 (September 24, 2009), as corrected in Certain Cut-to-Length Carbon-Quality Steel Plate from the Republic of Korea: Correction to the Preliminary Results of Antidumping Duty Administrative Review and Intent to Rescind Administrative Review in Part, 74 FR 51834 (October 8, 2009) (collectively Preliminary Results). We invited interested parties to comment on the Preliminary Results. On October 26, 2009, we received a case brief from Hyosung Corporation (Hyosung). On November 2, 2009, we received a rebuttal brief from Nucor Corporation (Nucor). Because Hyosung’s case brief contained untimely filed new factual information and Nucor’s rebuttal brief cited the untimely filed new factual information Hyosung included in its case brief, we rejected and returned Hyosung’s case brief and Nucor’s rebuttal brief on January 6, 2010, and requested that Hyosung and Nucor resubmit their case and rebuttal VerDate Nov<24>2008 14:45 Mar 04, 2010 Jkt 220001 briefs by January 13, 2010, and January 19, 2010, respectively. On January 8, 2010, Hyosung submitted its revised case brief. In its January 8, 2010, case brief, Hyosung removed most of the new factual information we had rejected but the brief still contained new factual information. On January 19, 2010, Nucor submitted its revised rebuttal brief. In its revised rebuttal brief, Nucor identified several of Hyosung’s statements in the revised case brief as new factual information and requested that the Department reject Hyosung’s case brief. On January 26, 2010, we rejected and returned the revised case and rebuttal briefs for Hyosung and Nucor, respectively, because the case brief contained the new factual information and the rebuttal brief addressed the new factual information. We allowed Hyosung and Nucor to resubmit their revised case and rebuttal briefs which did not include the new factual information by the close of business on January 28, 2010. Hyosung and Nucor resubmitted their revised case and rebuttal briefs, respectively, within the specified due date omitting the new factual information we identified in our January 26, 2010, rejection letters. These resubmitted briefs are the final case and rebuttal briefs Hyosung and Nucor submitted respectively for this administrative review. No other parties submitted either a case brief or a rebuttal brief. On January 14, 2010, we extended the due date for the final results of this administrative review to February 22, 2010. See Certain Cut-to-Length CarbonQuality Steel Plate from the Republic of Korea: Extension of the Final Results of Antidumping Duty Administrative Review, 75 FR 2107 (January 14, 2010). As explained in the memorandum from the Deputy Assistant Secretary for Import Administration, we have exercised our discretion to toll deadlines for the duration of the closure of the Federal Government from February 5 through February 12, 2010. Thus, all deadlines in this segment of the proceeding have been extended by seven days. The revised deadline for the final results of this administrative review is now March 1, 2010. See Memorandum to the Record from Ronald Lorentzen, DAS for Import Administration, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During the Recent Snowstorm,’’ dated February 12, 2010. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Scope of the Order The products covered by the antidumping duty order are certain hotrolled carbon-quality steel: (1) Universal mill plates (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or actual thickness of not less than 4 mm, which are cut-to length (not in coils) and without patterns in relief), of iron or non-alloy quality steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual thickness of 4.75 mm or more and of a width which exceeds 150 mm and measures at least twice the thickness, and which are cut-to-length (not in coils). Steel products included in the scope of the order are of rectangular, square, circular, or other shape and of rectangular or non-rectangular cross section where such non-rectangular cross-section is achieved subsequent to the rolling process (i.e., products which have been ‘‘worked after rolling’’)—for example, products which have been beveled or rounded at the edges. Steel products that meet the noted physical characteristics that are painted, varnished, or coated with plastic or other non-metallic substances are included within the scope. Also, specifically included in the scope of the order are high strength, low alloy (HSLA) steels. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. Steel products included in the scope, regardless of Harmonized Tariff Schedule of the United States (HTSUS) definitions, are products in which: (1) Iron predominates, by weight, over each of the other contained elements, (2) the carbon content is two percent or less, by weight, and (3) none of the elements listed below is equal to or exceeds the quantity, by weight, respectively indicated: 1.80 percent of manganese, or 1.50 percent of silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent zirconium. All products that meet the written physical description, and in which the chemistry quantities do not equal or exceed any one of the levels listed above, are within the scope of the order unless otherwise specifically excluded. The following products are specifically excluded from the order: (1) Products clad, plated, or E:\FR\FM\05MRN1.SGM 05MRN1 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 10209 document, is on file in the Central Records Unit of the main Department of Commerce building, Room 1117, and is accessible on the Web at https:// ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memo are identical in content. Margin (percent) coated with metal, whether or not painted, varnished or coated with plastic or other non-metallic substances; (2) SAE grades (formerly AISI grades) of series 2300 and above; (3) products made to ASTM A710 and A736 or their proprietary equivalents; (4) abrasionresistant steels (i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball bearing steels; (7) tool steels; and (8) silicon manganese steel or silicon electric steel. Imports of steel plate are currently classified in the HTSUS under subheadings 7208.40.30.30, 7208.40.30.60, 7208.51.00.30, 7208.51.00.45, 7208.51.00.60, 7208.52.00.00, 7208.53.00.00, 7208.90.00.00, 7210.70.30.00, 7210.90.90.00, 7211.13.00.00, 7211.14.00.30, 7211.14.00.45, 7211.90.00.00, 7212.40.10.00, 7212.40.50.00, 7212.50.00.00, 7225.40.30.50, 7225.40.70.00, 7225.50.60.00, 7225.99.00.90, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. The HTSUS subheadings are provided for convenience and customs purposes. The written description of the merchandise covered by the order is dispositive. erowe on DSK5CLS3C1PROD with NOTICES Rescission of Review in Part In the Preliminary Results, we preliminarily found that the claim by Daewoo International Corporation (Daewoo) that it made no shipments of subject merchandise during the period of review was consistent with import data provided by U.S. Customs and Border Protection (CBP) and we stated our intent to rescind the administrative review with respect to this company. See Preliminary Results, 74 FR at 48717. We have received no comment concerning our intent to rescind. We continue to find that Daewoo had no shipments of CTL plate from Korea for the final results of this review and we are rescinding the review with respect to Daewoo. Analysis of the Comments Received All issues raised in Hyosung’s case brief and Nucor’s rebuttal brief are addressed in the ‘‘Issues and Decision Memorandum’’ (Decision Memo) from Acting Deputy Assistant Secretary Edward C. Yang to Acting Deputy Assistant Secretary Carole A. Showers dated concurrently with this notice, which is hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded is in the Decision Memo and attached to this notice as an Appendix. The Decision Memo, which is a public VerDate Nov<24>2008 14:45 Mar 04, 2010 Jkt 220001 Use of Adverse Facts Available The Department found in the Preliminary Results that Hyosung, Hyundai Mipo Dockyard Co., Ltd. (Hyundai Mipo), and JeongWoo Industrial Machine Co., Ltd. (JeongWoo), failed to cooperate to the best of their ability in responding to the Department’s requests for information and thereby impeded the Department’s proceeding. See Preliminary Results, 74 FR at 48717. Therefore, in accordance with section 776(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.308(c), the Department preliminarily selected 32.70 percent as the adverse facts-available dumping margin. This rate is the rate we assigned as adverse facts available to Tae Chang Steel Co., Ltd., which failed to submit its response to our antidumping questionnaire in the administrative review of this proceeding for the period February 1, 2006, through January 31, 2007. See Certain Cut-to-Length CarbonQuality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Intent To Rescind Administrative Review in Part, 72 FR 65701, 65702–03 (November 23, 2007), unchanged in Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review in Part, 73 FR 15132, 15133 (March 21, 2008). The Department received comments regarding its preliminary application of the adverse facts-available dumping margin to Hyosung. The Department did not receive any comments regarding its preliminary application of the adverse facts-available dumping margin to Hyundai Mipo and JeongWoo. For the final results, the Department has not altered its analysis or decision to apply the adverse facts-available dumping margin to Hyosung, Hyundai Mipo, and JeongWoo. See the Decision Memo for the issues parties raised and the Department’s positions concerning those issues. Final Results of the Review As a result of our review, we determine that the weighted-average dumping margins for CTL plate from Korea for the period February 1, 2008, through January 31, 2009, are as follows: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Company Hyosung ........................................ Hyundai Mipo ................................ JeongWoo ..................................... 32.70 32.70 32.70 Assessment Rates Pursuant to 19 CFR 351.212(b), the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. Because we are relying on total adverse facts available to establish the dumping margins for Hyosung, Hyundai Mipo, and JeongWoo, we will instruct CBP to apply a dumping margin of 32.70 percent to CTL plate from Korea that was produced and/or exported by Hyosung, Hyundai Mipo, and JeongWoo and entered, or withdrawn from warehouse, for consumption during the period of review. We will issue appropriate assessment instructions to CBP 15 days after publication of the final results of review. Cash-Deposit Requirements The following deposit requirements will be effective upon publication of this notice of final results of administrative review for all shipments of CTL plate from Korea entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) The cashdeposit rates for Hyosung, Hyundai Mipo, and JeongWoo will be 32.70 percent; (2) for previously reviewed or investigated companies not listed above, the cash-deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-thanfair-value investigation but the manufacturer is, the cash-deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (4) if neither the exporter nor the manufacturer has its own rate, the cash-deposit rate will be 0.98 percent,1 the all-others rate established in the less-than-fair-value investigation, adjusted for the exportsubsidy rate in the companion countervailing duty investigation. These deposit requirements shall remain in effect until further notice. Notification to Importer This notice 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 duties prior to 1 See E:\FR\FM\05MRN1.SGM Preliminary Results, 74 FR at 48719. 05MRN1 10210 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 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. Notification Regarding Administrative Protective Order 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 as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely written notification of the destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. These final results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: March 1, 2010. Carole A. Showers, Acting Deputy Assistant Secretary for Import Administration. Appendix List of Issues in the Issues and Decision Memorandum 1. Acceptance of Untimely Response 2. Rescission of Review Based on the CBP Data 3. Alleged New Factual Information [FR Doc. 2010–4711 Filed 3–4–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Docket No. 100301119–0119–01; I.D. GF001] Market Development Cooperator Program 2010 erowe on DSK5CLS3C1PROD with NOTICES AGENCY: Office of Planning, Coordination and Management (OPCM), Manufacturing and Services (MAS), International Trade Administration (ITA), Commerce. ACTION: Notice of funding availability. SUMMARY: ITA requests that eligible organizations submit proposals (applications) for the fiscal year (FY) 2010 competition for Market Development Cooperator Program (MDCP) awards. ITA creates economic opportunity for U.S. workers and firms VerDate Nov<24>2008 14:45 Mar 04, 2010 Jkt 220001 by promoting international trade and investment, strengthening industry competitiveness, and ensuring fair trade. DATES: Applications: The Department must receive completed applications by 5 p.m. Eastern Daylight Time, April 19, 2010. Late applications will not be accepted. Applicants whose applications have been accepted will be notified via e-mail or fax within ten days of the submission deadline. Public Meeting: The Department will hold a public meeting to discuss MDCP proposal preparation, procedures, and selection process on Tuesday, March 16, 2010. The ninety-minute meeting will begin at 2 p.m. in Room 6029, at the Herbert Clark Hoover Building, 14th and Constitution Avenue, NW., Washington, DC. The Department will not discuss specific proposals at this meeting. Attendance is not required. Interested parties may participate via telephone conference. Dial-in instructions will be posted on the Internet at trade.gov/ mdcp. Interested parties can also obtain dial-in instructions from Ms. Catherine Land at 202–482–3858. ADDRESSES: Applicants are strongly encouraged to submit their applications via https://www.grants.gov. Application packages are available from https:// www.grants.gov or may obtained at trade.gov/mdcp or by contacting Mr. Brad Hess, U.S. Department of Commerce, HCHB 3215, 14th Street and Constitution Avenue, NW., Washington, DC 20230. This is also the address where applicants may submit an application if they cannot submit online or choose not to submit online. FOR FURTHER INFORMATION CONTACT: Mr. Brad Hess, Manager, Market Development Cooperator Program, Manufacturing and Services, ITA, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Room 3215, Washington, DC 20230. E-mail address: Brad.Hess@trade.gov. SUPPLEMENTARY INFORMATION: Through Market Development Cooperator Program (MDCP) cooperative agreements, the Department provides technical and financial assistance to trade associations, state departments of trade, and other non-profit industry organizations to help to underwrite the start-up costs of new ventures that organizations are often reluctant to undertake without federal government support. These organizations are particularly effective in reaching smalland medium-size enterprises (SMEs). The mission goals of the MDCP strengthens the competitiveness of U.S. industry by fostering projects that result in increased exports and/or market PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 share for non-agricultural goods and services produced in the United States. As an active partner, ITA will, as appropriate, guide and assist organizations in achieving project objectives. ITA publishes this notice to solicit applications for MDCP funds. ITA encourages organizations to propose projects that: (1) Best strengthen their industry through market development; and (2) leverage the partnership between the organization and ITA. 1. Definitions Several definitions are provided in section VIII. Other Information of the Federal Funding Opportunity announcement (see Electronic Access). 2. Examples of Project Activity Applicants should propose market development activities tailored to strengthen the competitiveness of a U.S. industry. Examples from prior years are set forth below and, in greater detail, at trade.gov/mdcp. These are provided only for illustration: Promotion of standards that ensure market access for U.S. products; helping business leaders to leverage free trade agreements to the advantage of U.S. industry; demonstration of U.S. products abroad; development of a shared Internet-based distribution system in a target market; establishment of technical servicing of U.S. products abroad; joint promotion of U.S. products with foreign partners; establishment of a trade association office in a target market; education of foreign users of U.S. technology concerning intellectual property rights; training foreign staff for after-sale service of U.S. products in target markets; increasing trust in U.S. products in foreign markets by safeguarding non-U.S. elements of the supply chain with an ingredient testing system; publication of product brochures and company directories; and development of product quality standards and designations along with target-market promotion of same. Electronic Access: The full text of the Federal funding opportunity (FFO) announcement for this program can be accessed via the Grants.gov Web site at https://www.grants.gov. The FFO announcement will also be available by contacting the program officials identified under FOR FURTHER INFORMATION CONTACT. Applicants must comply with all requirements contained in the FFO announcement. Statutory Authority: MDCP is provided for in 15 U.S.C. 4723. The program strengthens U.S. industry’s competitiveness by developing, maintaining, and expanding foreign E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10207-10210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4711]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-836]


Certain Cut-to-Length Carbon-Quality Steel Plate From the 
Republic of Korea: Final Results of Antidumping Duty Administrative 
Review and Rescission of Administrative Review in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On September 24, 2009, the Department of Commerce published 
the

[[Page 10208]]

preliminary results of the administrative review of the antidumping 
duty order on certain cut-to-length carbon-quality steel plate from the 
Republic of Korea and the intent to rescind the administrative review 
in part. The review covers three manufacturers/exporters. The period of 
review is February 1, 2008, through January 31, 2009. We have rescinded 
the review with respect to one company and we have made no changes for 
the final results of review. The final margins are listed below in the 
``Final Results of the Review'' section of this notice.

DATES: Effective Date: March 5, 2010.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Richard Rimlinger, 
AD/CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5760 or (202) 482-4477, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 24, 2009, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain cut-to-length carbon-quality steel 
plate (CTL plate) from the Republic of Korea (Korea) and intent to 
rescind the administrative review in part. See Certain Cut-to-Length 
Carbon-Quality Steel Plate From the Republic of Korea: Preliminary 
Results of Antidumping Duty Administrative Review and Intent To Rescind 
Administrative Review in Part, 74 FR 48716 (September 24, 2009), as 
corrected in Certain Cut-to-Length Carbon-Quality Steel Plate from the 
Republic of Korea: Correction to the Preliminary Results of Antidumping 
Duty Administrative Review and Intent to Rescind Administrative Review 
in Part, 74 FR 51834 (October 8, 2009) (collectively Preliminary 
Results).
    We invited interested parties to comment on the Preliminary 
Results. On October 26, 2009, we received a case brief from Hyosung 
Corporation (Hyosung). On November 2, 2009, we received a rebuttal 
brief from Nucor Corporation (Nucor). Because Hyosung's case brief 
contained untimely filed new factual information and Nucor's rebuttal 
brief cited the untimely filed new factual information Hyosung included 
in its case brief, we rejected and returned Hyosung's case brief and 
Nucor's rebuttal brief on January 6, 2010, and requested that Hyosung 
and Nucor resubmit their case and rebuttal briefs by January 13, 2010, 
and January 19, 2010, respectively.
    On January 8, 2010, Hyosung submitted its revised case brief. In 
its January 8, 2010, case brief, Hyosung removed most of the new 
factual information we had rejected but the brief still contained new 
factual information. On January 19, 2010, Nucor submitted its revised 
rebuttal brief. In its revised rebuttal brief, Nucor identified several 
of Hyosung's statements in the revised case brief as new factual 
information and requested that the Department reject Hyosung's case 
brief.
    On January 26, 2010, we rejected and returned the revised case and 
rebuttal briefs for Hyosung and Nucor, respectively, because the case 
brief contained the new factual information and the rebuttal brief 
addressed the new factual information. We allowed Hyosung and Nucor to 
resubmit their revised case and rebuttal briefs which did not include 
the new factual information by the close of business on January 28, 
2010. Hyosung and Nucor resubmitted their revised case and rebuttal 
briefs, respectively, within the specified due date omitting the new 
factual information we identified in our January 26, 2010, rejection 
letters. These resubmitted briefs are the final case and rebuttal 
briefs Hyosung and Nucor submitted respectively for this administrative 
review. No other parties submitted either a case brief or a rebuttal 
brief.
    On January 14, 2010, we extended the due date for the final results 
of this administrative review to February 22, 2010. See Certain Cut-to-
Length Carbon-Quality Steel Plate from the Republic of Korea: Extension 
of the Final Results of Antidumping Duty Administrative Review, 75 FR 
2107 (January 14, 2010). As explained in the memorandum from the Deputy 
Assistant Secretary for Import Administration, we have exercised our 
discretion to toll deadlines for the duration of the closure of the 
Federal Government from February 5 through February 12, 2010. Thus, all 
deadlines in this segment of the proceeding have been extended by seven 
days. The revised deadline for the final results of this administrative 
review is now March 1, 2010. See Memorandum to the Record from Ronald 
Lorentzen, DAS for Import Administration, regarding ``Tolling of 
Administrative Deadlines As a Result of the Government Closure During 
the Recent Snowstorm,'' dated February 12, 2010.

Scope of the Order

    The products covered by the antidumping duty order are certain hot-
rolled carbon-quality steel: (1) Universal mill plates (i.e., flat-
rolled products rolled on four faces or in a closed box pass, of a 
width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or 
actual thickness of not less than 4 mm, which are cut-to length (not in 
coils) and without patterns in relief), of iron or non-alloy quality 
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual 
thickness of 4.75 mm or more and of a width which exceeds 150 mm and 
measures at least twice the thickness, and which are cut-to-length (not 
in coils). Steel products included in the scope of the order are of 
rectangular, square, circular, or other shape and of rectangular or 
non-rectangular cross section where such non-rectangular cross-section 
is achieved subsequent to the rolling process (i.e., products which 
have been ``worked after rolling'')--for example, products which have 
been beveled or rounded at the edges. Steel products that meet the 
noted physical characteristics that are painted, varnished, or coated 
with plastic or other non-metallic substances are included within the 
scope. Also, specifically included in the scope of the order are high 
strength, low alloy (HSLA) steels. HSLA steels are recognized as steels 
with micro-alloying levels of elements such as chromium, copper, 
niobium, titanium, vanadium, and molybdenum. Steel products included in 
the scope, regardless of Harmonized Tariff Schedule of the United 
States (HTSUS) definitions, are products in which: (1) Iron 
predominates, by weight, over each of the other contained elements, (2) 
the carbon content is two percent or less, by weight, and (3) none of 
the elements listed below is equal to or exceeds the quantity, by 
weight, respectively indicated: 1.80 percent of manganese, or 1.50 
percent of silicon, or 1.00 percent of copper, or 0.50 percent of 
aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 
0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of 
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent 
zirconium. All products that meet the written physical description, and 
in which the chemistry quantities do not equal or exceed any one of the 
levels listed above, are within the scope of the order unless otherwise 
specifically excluded. The following products are specifically excluded 
from the order: (1) Products clad, plated, or

[[Page 10209]]

coated with metal, whether or not painted, varnished or coated with 
plastic or other non-metallic substances; (2) SAE grades (formerly AISI 
grades) of series 2300 and above; (3) products made to ASTM A710 and 
A736 or their proprietary equivalents; (4) abrasion-resistant steels 
(i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225, 
A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball 
bearing steels; (7) tool steels; and (8) silicon manganese steel or 
silicon electric steel.
    Imports of steel plate are currently classified in the HTSUS under 
subheadings 7208.40.30.30, 7208.40.30.60, 7208.51.00.30, 7208.51.00.45, 
7208.51.00.60, 7208.52.00.00, 7208.53.00.00, 7208.90.00.00, 
7210.70.30.00, 7210.90.90.00, 7211.13.00.00, 7211.14.00.30, 
7211.14.00.45, 7211.90.00.00, 7212.40.10.00, 7212.40.50.00, 
7212.50.00.00, 7225.40.30.50, 7225.40.70.00, 7225.50.60.00, 
7225.99.00.90, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and 
7226.99.00.00. The HTSUS subheadings are provided for convenience and 
customs purposes. The written description of the merchandise covered by 
the order is dispositive.

Rescission of Review in Part

    In the Preliminary Results, we preliminarily found that the claim 
by Daewoo International Corporation (Daewoo) that it made no shipments 
of subject merchandise during the period of review was consistent with 
import data provided by U.S. Customs and Border Protection (CBP) and we 
stated our intent to rescind the administrative review with respect to 
this company. See Preliminary Results, 74 FR at 48717. We have received 
no comment concerning our intent to rescind. We continue to find that 
Daewoo had no shipments of CTL plate from Korea for the final results 
of this review and we are rescinding the review with respect to Daewoo.

Analysis of the Comments Received

    All issues raised in Hyosung's case brief and Nucor's rebuttal 
brief are addressed in the ``Issues and Decision Memorandum'' (Decision 
Memo) from Acting Deputy Assistant Secretary Edward C. Yang to Acting 
Deputy Assistant Secretary Carole A. Showers dated concurrently with 
this notice, which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded is in 
the Decision Memo and attached to this notice as an Appendix. The 
Decision Memo, which is a public document, is on file in the Central 
Records Unit of the main Department of Commerce building, Room 1117, 
and is accessible on the Web at https://ia.ita.doc.gov/frn/. 
The paper copy and electronic version of the Decision Memo are 
identical in content.

Use of Adverse Facts Available

    The Department found in the Preliminary Results that Hyosung, 
Hyundai Mipo Dockyard Co., Ltd. (Hyundai Mipo), and JeongWoo Industrial 
Machine Co., Ltd. (JeongWoo), failed to cooperate to the best of their 
ability in responding to the Department's requests for information and 
thereby impeded the Department's proceeding. See Preliminary Results, 
74 FR at 48717. Therefore, in accordance with section 776(b) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.308(c), the 
Department preliminarily selected 32.70 percent as the adverse facts-
available dumping margin. This rate is the rate we assigned as adverse 
facts available to Tae Chang Steel Co., Ltd., which failed to submit 
its response to our antidumping questionnaire in the administrative 
review of this proceeding for the period February 1, 2006, through 
January 31, 2007. See Certain Cut-to-Length Carbon-Quality Steel Plate 
Products From the Republic of Korea: Preliminary Results of Antidumping 
Duty Administrative Review and Intent To Rescind Administrative Review 
in Part, 72 FR 65701, 65702-03 (November 23, 2007), unchanged in 
Certain Cut-to-Length Carbon-Quality Steel Plate Products From the 
Republic of Korea: Final Results of Antidumping Duty Administrative 
Review and Rescission of Administrative Review in Part, 73 FR 15132, 
15133 (March 21, 2008).
    The Department received comments regarding its preliminary 
application of the adverse facts-available dumping margin to Hyosung. 
The Department did not receive any comments regarding its preliminary 
application of the adverse facts-available dumping margin to Hyundai 
Mipo and JeongWoo. For the final results, the Department has not 
altered its analysis or decision to apply the adverse facts-available 
dumping margin to Hyosung, Hyundai Mipo, and JeongWoo. See the Decision 
Memo for the issues parties raised and the Department's positions 
concerning those issues.

Final Results of the Review

    As a result of our review, we determine that the weighted-average 
dumping margins for CTL plate from Korea for the period February 1, 
2008, through January 31, 2009, are as follows:

------------------------------------------------------------------------
                                                                 Margin
                           Company                             (percent)
------------------------------------------------------------------------
Hyosung......................................................      32.70
Hyundai Mipo.................................................      32.70
JeongWoo.....................................................      32.70
------------------------------------------------------------------------

Assessment Rates

    Pursuant to 19 CFR 351.212(b), the Department will determine, and 
CBP shall assess, antidumping duties on all appropriate entries. 
Because we are relying on total adverse facts available to establish 
the dumping margins for Hyosung, Hyundai Mipo, and JeongWoo, we will 
instruct CBP to apply a dumping margin of 32.70 percent to CTL plate 
from Korea that was produced and/or exported by Hyosung, Hyundai Mipo, 
and JeongWoo and entered, or withdrawn from warehouse, for consumption 
during the period of review. We will issue appropriate assessment 
instructions to CBP 15 days after publication of the final results of 
review.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of CTL plate from Korea entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash-deposit rates 
for Hyosung, Hyundai Mipo, and JeongWoo will be 32.70 percent; (2) for 
previously reviewed or investigated companies not listed above, the 
cash-deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the less-than-fair-value 
investigation but the manufacturer is, the cash-deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; (4) if neither the exporter nor the manufacturer has 
its own rate, the cash-deposit rate will be 0.98 percent,\1\ the all-
others rate established in the less-than-fair-value investigation, 
adjusted for the export-subsidy rate in the companion countervailing 
duty investigation. These deposit requirements shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \1\ See Preliminary Results, 74 FR at 48719.
---------------------------------------------------------------------------

Notification to Importer

    This notice 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 duties prior to

[[Page 10210]]

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.

Notification Regarding Administrative Protective Order

    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 as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely 
written notification of the destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i) of the Act 
and 19 CFR 351.221(b)(5).

    Dated: March 1, 2010.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.

Appendix

List of Issues in the Issues and Decision Memorandum

1. Acceptance of Untimely Response
2. Rescission of Review Based on the CBP Data
3. Alleged New Factual Information

[FR Doc. 2010-4711 Filed 3-4-10; 8:45 am]
BILLING CODE 3510-DS-P