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]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[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 We have rescinded 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.
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    \1\ See Preliminary Results, 74 FR at 48719.
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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