Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Notice of Final Results of the Fifteenth Administrative Review, 13490-13492 [2010-6258]
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13490
Federal Register / Vol. 75, No. 54 / Monday, March 22, 2010 / Notices
published the notice of initiation of the
third sunset review of the order on
natural bristle paint brushes and brush
heads pursuant to section 751(c) of the
Act. See Sunset Initiation, 74 FR 56593.
On November 17, 2009, the Department
received a timely and complete notice of
intent to participate in the sunset review
from the Paint Applicators Trade Action
Coalition (‘‘PATAC’’), a trade association
whose members are the Wooster Brush
Company, True Value Manufacturing,
and Elder and Jenks, Inc., as domestic
interested parties, pursuant to 19 CFR
351.218(d)(1). On December 2, 2009,
pursuant to 19 CFR 351.218(d)(3),
PATAC filed a timely and complete
substantive response within 30 days
after the date of publication of the
Sunset Initiation. The Department did
not receive a substantive response from
any respondent interested party in the
sunset review. As a result, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), the
Department conducted an expedited
sunset review of the Order.
pwalker on DSK8KYBLC1PROD with NOTICES
Scope of the Order:
The merchandise covered by the order
are natural bristle paintbrushes and
brush heads from the PRC. Excluded
from the order are paint brushes and
brush heads with a blend of 40 percent
natural bristles and 60 percent synthetic
filaments. The merchandise under
review is currently classifiable under
item 9603.40.40.40 of the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheading is provided for convenience
and customs purposes, the Department’s
written description of the scope of the
merchandise is dispositive.
Analysis of Comments Received:
A complete discussion of all issues
raised in this sunset review is addressed
in the accompanying Issues and
Decision Memorandum, which is hereby
adopted by this notice. See ‘‘Issues and
Decision Memorandum for the Final
Results in the Expedited Sunset Review
of the Antidumping Duty Order on
Natural Bristle Paint Brushes and Brush
Heads from the People’s Republic of
China,’’ from John M. Andersen, Acting
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, dated concurrent with
this notice (‘‘I&D Memo’’). The issues
discussed in the accompanying I&D
Memo include the likelihood of
continuation or recurrence of dumping
and the magnitude of the dumping
margin likely to prevail if the Order was
revoked. Parties can obtain a public
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16:41 Mar 19, 2010
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copy of the I&D Memo on file in the
Central Records Unit, room 1117, of the
main Commerce building. In addition, a
complete public version of the I&D
Memo can be accessed directly on the
Web at https://ia.ita.doc.gov/frn. The
paper copy and electronic version of the
I&D Memo are identical in content.
SUMMARY: On September 8, 2009, 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
Final Results of Review:
from the Republic of Korea: Notice of
The Department determines that
Preliminary Results of the Antidumping
revocation of the order on natural bristle Duty Administrative Review, 74 FR
paint brushes and brush heads would
46110 (September 8, 2009) (Preliminary
likely lead to continuation or recurrence Results). This review covers seven
of dumping at the rates listed below:
manufacturers and exporters
(collectively, the respondents) of the
Manufacturers/ExportWeighted–Average subject merchandise: LG Chem., Ltd.
ers/Producers
Margin (Percent)
(LG Chem), Haewon MSC Co. Ltd.
(Haewon), Dongbu Steel Co., Ltd.,
Hebei Animal By–Prod(Dongbu), Hyundai HYSCO (HYSCO),
ucts Import/Export
Corp. .........................
351.92 Pohang Iron & Steel Co., Ltd. (POSCO)
Hunan Provincial Native
and Pohang Coated Steel Co., Ltd.
Produce and Animal
351.92 (POCOS) (collectively, the POSCO
By–Products Import/ExGroup), and Union Steel Manufacturing
port Corp..
Co., Ltd. (Union) (collectively,
Peace Target, Inc. ........
351.92
1
PRC–Wide Entity ..........
351.92 respondents). The period of review
(POR) is August 1, 2007, through July
31, 2008.
Notification Regarding Administrative
As a result of our analysis of the
Protective Order:
comments received, these final results
This notice also serves as the only
differ from the Preliminary Results. For
reminder to parties subject to
our final results, we find that HYSCO,
administrative protective order (‘‘APO’’) the POSCO Group, and Union, made
of their responsibility concerning the
sales of subject merchandise at less than
return or destruction of proprietary
normal value (NV). In addition, based
information disclosed under APO in
on the final results for the respondents
accordance with 19 CFR 351.305.
selected for individual review, we have
Timely notification of the return or
determined a weighted–average margin
destruction of APO materials or
for those companies that were not
conversion to judicial protective order is selected for individual review.
hereby requested. Failure to comply
EFFECTIVE DATE: March 22, 2010.
with the regulations and terms of an
FOR FURTHER INFORMATION CONTACT:
APO is a violation which is subject to
Dennis McClure (Union), Christopher
sanction.
Hargett (HYSCO) and Victoria Cho (the
We are issuing and publishing these
POSCO Group, and non–selected
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the companies), AD/CVD Operations, Office
3, Import Administration, International
Act.
Trade Administration, U.S. Department
Dated: March 9, 2010.
of Commerce, 14th Street and
Ronald K. Lorentzen,
Constitution Avenue, NW., Washington,
Deputy Assistant Secretary for Import
DC 20230; telephone: (202) 482–5973,
Administration.
[FR Doc. 2010–6298 Filed 3–19–10; 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
Fifteenth Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
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Fmt 4703
Sfmt 4703
1 As noted in the Preliminary Results, the
Department selected HYSCO 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 ‘‘2007-2008
Antidumping Duty Administrative Review of
Corrosion-Resistant Carbon Steel Flat Products from
the Republic of Korea: Selection of Respondents for
Individual Review,’’ dated December 8, 2008. On
July 8, 2009, we reconsidered our resources and
found it practicable to review the POSCO Group as
a voluntary respondent. See Memorandum from
James Terpstra to Melissa Skinner entitled ‘‘20072008 Antidumping Duty Administrative Review of
Certain Corrosion-Resistant Carbon Steel Flat
Products from the Republic of Korea: Selection of
POSCO as a Voluntary Respondent,’’ dated July 8,
2009.
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(202) 482–4161, and (202) 482–5075,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 8, 2009, the
Department published the Preliminary
Results. In the Preliminary Results, the
Department determined that HYSCO,
the POSCO Group, and Union made
sales of subject merchandise at less than
NV during the POR. 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 16,
2009, the Department extended the time
limits for the final results of this review
until no later than March 8, 2010. See
Corrosion–Resistant Carbon Steel Flat
Products from the Republic of Korea:
Notice of Extension of Time Limit for
the Final Results of Antidumping Duty
Administrative Review, 74 FR 58945
(November 16, 2009).
Comments from Interested Parties
We invited parties to comment on our
Preliminary Results. On January 20,
2010, United States Steel Corporation
(US Steel) filed its case briefs
concerning all three mandatory
respondents. On the same day, the three
mandatory respondents filed case briefs.
On January 27, 2010, US Steel, and
Nucor Corporation (Nucor) filed rebuttal
briefs concerning all of the mandatory
respondents. The three mandatory
respondents filed rebuttal briefs on the
same day. The Department conducted a
public hearing on January 28, 2010.
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
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.
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.
Final Results of Review:
We determine that the following
weighted–average margins exist:
Manufacturer/exporter
Percent margin
HYSCO ....................................................................................................................................................................
The POSCO Group .................................................................................................................................................
Union ........................................................................................................................................................................
Review–Specific Average RateApplicable to the Following Companies2:LG Chem, Haewon, and Dongbu .........
3.29%
0.01% (de minimis)
14.01%
8.65%
2 This rate is a simple average percentage margin (based on the two reviewed companies with an affirmative deposit rate) for the period August 1, 2007, through July 31, 2008, and normally does not include zero and de minimis rates or any rates based solely on the facts available.
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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
VerDate Nov<24>2008
16:41 Mar 19, 2010
Jkt 220001
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
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
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
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Federal Register / Vol. 75, No. 54 / Monday, March 22, 2010 / Notices
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).
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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 Tariff Act of 1930, as amended (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–thanfair–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
VerDate Nov<24>2008
16:41 Mar 19, 2010
Jkt 220001
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 15, 2010.
Kim Glas,
Acting Deputy Assistant Secretary for Import
Administration.
Appendix I
List of Comments in the Accompanying
Issues and Decision Memorandum:
A. General Issues
Comment 1: Treatment of ‘‘Negative
Dumping Margins’’ (Zeroing)
Comment 2: Comment 2:Home Market
Revenue for the POSCO Group (Freight
and Interest) and HYSCO (Interest)
Comment 3: Use of Quarterly Cost
Methodology
Comment 4: Laminated Products
B. Company–Specific Issues
Hyundai HYSCO
Comment 5: Date of Sale
Comment 6: Liquidations Instructions
Comment 7: Major Input Adjustments
The POSCO Group
Comment 8: Inadvertent Omission of
Certain U.S. Sales from POSCO’s Margin
Calculations in the Post–Preliminary
Analysis
Comment 9: The Treatment of Certain
SAS Programming for the POSCO Group
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 POSCO America
Corporation (POSAM)’s Indirect Selling
Expense
Comment 12: Financial Expense Ratio
Calculation
Comment 13: Margin Calculation Error
for Applying General and
Administrative Expense Ratio Union
Comment 14: Window Period Sales
Comment 15: The Treatment of Overrun
Comment 16: Union’s General and
Administrative and Financial Expense
Ratios
[FR Doc. 2010–6258 Filed 3–19–04; 8:45 am]
BILLING CODE 3510–DS–S
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–840]
Certain Frozen Warmwater Shrimp
From India: Initiation of Antidumping
Duty Changed-Circumstances Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 22, 2010.
SUMMARY: The Department of Commerce
(the Department) has received
information sufficient to warrant the
initiation of a changed circumstances
review of the antidumping duty order
on certain frozen warmwater shrimp
from India. Specifically, based on a
request filed by R.D.R. Exports, the
Department is initiating a changed
circumstances review to determine
whether R.D.R. Exports is the successorin-interest to Jaya Satya Marine Exports
Pvt. Ltd. (Jaya Satya).
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse; AD/CVD Operations,
Office 2, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–6345.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 2005, the Department
published in the Federal Register an
antidumping duty order on certain
frozen warmwater shrimp from India.
See Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Certain Frozen Warmwater
Shrimp from India, 70 FR 5147 (Feb. 1,
2005) (Shrimp Order).
On January 25, 2010, R.D.R. Exports
informed the Department that it
purchased the packing plant formerly
owned and operated by Jaya Satya, and
provided certain documentation related
to this claim. Additionally, R.D.R.
Exports requested that the Department
conduct an expedited changed
circumstances review under 19 CFR
351.221(c)(3)(iii) to confirm that R.D.R.
Exports is the successor-in-interest to
Jaya Satya for purposes of determining
antidumping duty cash deposits and
liabilities.
Normally, the Department will initiate
a changed circumstances review within
45 days of the date on which the request
is filed. See 19 CFR 351.216(b).
However, as explained in the
memorandum from the Deputy
Assistant Secretary for Import
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]]>Agencies
[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Notices]
[Pages 13490-13492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6258]
-----------------------------------------------------------------------
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 Fifteenth
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 8, 2009, 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, 74 FR 46110 (September 8, 2009) (Preliminary
Results). This review covers seven manufacturers and exporters
(collectively, the respondents) of the subject merchandise: LG Chem.,
Ltd. (LG Chem), Haewon MSC Co. Ltd. (Haewon), 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, 2007, through
July 31, 2008.
---------------------------------------------------------------------------
\1\ As noted in the Preliminary Results, the Department selected
HYSCO 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 ``2007-2008 Antidumping Duty
Administrative Review of Corrosion-Resistant Carbon Steel Flat
Products from the Republic of Korea: Selection of Respondents for
Individual Review,'' dated December 8, 2008. On July 8, 2009, we
reconsidered our resources and found it practicable to review the
POSCO Group as a voluntary respondent. See Memorandum from James
Terpstra to Melissa Skinner entitled ``2007-2008 Antidumping Duty
Administrative Review of Certain Corrosion-Resistant Carbon Steel
Flat Products from the Republic of Korea: Selection of POSCO as a
Voluntary Respondent,'' dated July 8, 2009.
---------------------------------------------------------------------------
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 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.
EFFECTIVE DATE: March 22, 2010.
FOR FURTHER INFORMATION CONTACT: Dennis McClure (Union), 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) 482-5973,
[[Page 13491]]
(202) 482-4161, and (202) 482-5075, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 8, 2009, the Department published the Preliminary
Results. In the Preliminary Results, the Department determined that
HYSCO, the POSCO Group, and Union made sales of subject merchandise at
less than NV during the POR. 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 16, 2009, the
Department extended the time limits for the final results of this
review until no later than March 8, 2010. See Corrosion-Resistant
Carbon Steel Flat Products from the Republic of Korea: Notice of
Extension of Time Limit for the Final Results of Antidumping Duty
Administrative Review, 74 FR 58945 (November 16, 2009).
Comments from Interested Parties
We invited parties to comment on our Preliminary Results. On
January 20, 2010, United States Steel Corporation (US Steel) filed its
case briefs concerning all three mandatory respondents. On the same
day, the three mandatory respondents filed case briefs. On January 27,
2010, US Steel, and Nucor Corporation (Nucor) filed rebuttal briefs
concerning all of the mandatory respondents. The three mandatory
respondents filed rebuttal briefs on the same day. The Department
conducted a public hearing on January 28, 2010.
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 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.
Final Results of Review:
We determine that the following weighted-average margins exist:
------------------------------------------------------------------------
Manufacturer/exporter Percent margin
------------------------------------------------------------------------
HYSCO.................................... 3.29[percnt]
The POSCO Group.......................... 0.01[percnt] (de minimis)
Union.................................... 14.01[percnt]
Review-Specific Average RateApplicable to 8.65[percnt]
the Following Companies\2\:LG Chem,
Haewon, and Dongbu......................
------------------------------------------------------------------------
\2\ This rate is a simple average percentage margin (based on the two
reviewed companies with an affirmative deposit rate) for the period
August 1, 2007, through July 31, 2008, and normally does not include
zero and de minimis rates or any rates based solely on the 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
[[Page 13492]]
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 Tariff Act of 1930, as amended (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 15, 2010.
Kim Glas,
Acting Deputy Assistant Secretary for Import Administration.
Appendix I
List of Comments in the Accompanying Issues and Decision Memorandum:
A. General Issues
Comment 1: Treatment of ``Negative Dumping Margins'' (Zeroing)
Comment 2: Comment 2:Home Market Revenue for the POSCO Group (Freight
and Interest) and HYSCO (Interest)
Comment 3: Use of Quarterly Cost Methodology
Comment 4: Laminated Products
B. Company-Specific Issues
Hyundai HYSCO
Comment 5: Date of Sale
Comment 6: Liquidations Instructions
Comment 7: Major Input Adjustments
The POSCO Group
Comment 8: Inadvertent Omission of Certain U.S. Sales from POSCO's
Margin Calculations in the Post-Preliminary Analysis
Comment 9: The Treatment of Certain SAS Programming for the POSCO Group
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 POSCO America Corporation
(POSAM)'s Indirect Selling Expense
Comment 12: Financial Expense Ratio Calculation
Comment 13: Margin Calculation Error for Applying General and
Administrative Expense Ratio Union
Comment 14: Window Period Sales
Comment 15: The Treatment of Overrun
Comment 16: Union's General and Administrative and Financial Expense
Ratios
[FR Doc. 2010-6258 Filed 3-19-04; 8:45 am]
BILLING CODE 3510-DS-S
