Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Revocation of the Antidumping Duty Order on Stainless Steel Plate in Coils From the Republic of Korea; and Partial Revocation of the Antidumping Duty Order on Stainless Steel Sheet and Strip in Coils From the Republic of Korea, 74771-74773 [2011-30951]
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74771
Notices
Federal Register
Vol. 76, No. 231
Thursday, December 1, 2011
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–831 and A–580–834]
Notice of Implementation of
Determination Under Section 129 of
the Uruguay Round Agreements Act
and Revocation of the Antidumping
Duty Order on Stainless Steel Plate in
Coils From the Republic of Korea; and
Partial Revocation of the Antidumping
Duty Order on Stainless Steel Sheet
and Strip in Coils From the Republic of
Korea
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 16, 2011, the
U.S. Trade Representative (‘‘USTR’’)
instructed the Department of Commerce
(‘‘the Department’’) to implement its
determination under section 129 of the
Uruguay Round Agreements Act
(‘‘URAA’’) regarding the investigation of
stainless steel plate in coils from the
Republic of Korea (‘‘SSPC’’) and
stainless steel sheet and strip from the
Republic of Korea (‘‘SSSS’’). The
Department issued its determination on
November 4, 2011, regarding the
offsetting of dumped comparisons with
non-dumped comparisons when making
average-to-average comparisons of
export price and normal value in the
investigation challenged by the
Republic of Korea before the World
Trade Organization (‘‘WTO’’) in United
States—Use of Zeroing in Antidumping
Measures Involving Products from Korea
(DS402). The Department is now
implementing this determination.
DATES: The effective date of this
determination is November 16, 2011.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik or Lori Apodaca, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
emcdonald on DSK5VPTVN1PROD with NOTICES
AGENCY:
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Washington, DC 20230; telephone: (202)
482–6905, or (202) 482–4551,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 26, 2011, the
Department informed interested parties
that it was initiating a proceeding under
section 129 of the URAA to implement
the findings of the WTO dispute
settlement panel in United States—Use
of Zeroing in Antidumping Measures
Involving Products from Korea (DS402)
(‘‘Panel Report’’). On September 26,
2011, the Department issued the
memorandum entitled ‘‘Preliminary
Results Under Section 129 of the
Uruguay Round Agreements Act:
Antidumping Measures on Stainless
Steel Plate in Coils and Stainless Steel
Sheet and Strip in Coils from the
Republic of Korea,’’ dated September
23, 2011 (‘‘Preliminary 129 Results’’), in
which the Department recalculated the
weighted-average dumping margins
from the antidumping investigations of
SSPC and SSSS from Korea 1 by
applying the calculation methodology
described in Antidumping Proceedings:
Calculation of the Weighted-Average
Dumping Margin During an
Antidumping Investigation; Final
Modification, 71 FR 77722 (December
27, 2006). The Department invited
interested parties to comment on the
Preliminary 129 Results. After receiving
comments and rebuttal comments from
the interested parties, the Department
issued its final results for the section
129 determinations on November 4,
2011.2
In its November 16, 2011, letter, the
USTR notified the Department that,
1 See Antidumping Duty Orders: Certain Stainless
Steel Plate in Coils From Belgium, Canada, Italy,
the Republic of Korea, South Africa, and Taiwan,
64 FR 27756 (May 21, 1999) (‘‘Plate Order’’) and
Notice of Antidumping Duty Order; Stainless Steel
Sheet and Strip in Coils From the United Kingdom,
Taiwan and South Korea, 64 FR 40555 (July 27,
1999) (‘‘Sheet Order’’), as amended by Notice of
Amendment of Final Determination of Sales at Less
Than Fair Value: Stainless Steel Plate in Coils From
the Republic of Korea; and Stainless Steel Sheet
and Strip in Coils From the Republic of Korea, 66
FR 45279 (August 28, 2001).
2 See Memorandum from Christian Marsh to Paul
Piquado, ‘‘Issues and Decision Memorandum for the
Final Results of the Proceeding Under Section 129
of the Uruguay Round Agreements Act:
Antidumping Measures on Stainless Steel Plate in
Coils from the Republic of Korea; Stainless Steel
Sheet and Strip from the Republic of Korea,’’ dated
November 4, 2011 (‘‘Final 129 Results Memo’’).
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consistent with section 129(b)(3) of the
URAA, consultations with the
Department and the appropriate
congressional committees with respect
to the November 4, 2011, determination
have been completed. On November 16,
2011, in accordance with section
129(b)(4) of the URAA, the USTR
directed the Department to implement
these determinations.
Nature of the Proceeding
Section 129 of the URAA governs the
nature and effect of determinations
issued by the Department to implement
findings by WTO dispute settlement
panels and the Appellate Body.
Specifically, section 129(b)(2) of the
URAA provides that, ‘‘notwithstanding
any provision of the Tariff Act of 1930,’’
within 180 days of a written request
from the USTR, the Department shall
issue a determination that would render
its actions not inconsistent with an
adverse finding of a WTO panel or the
Appellate Body report.3 The Statement
of Administrative Action, URAA, H.
Doc. 316, Vol. 1, 103d Cong. (1994)
(‘‘SAA’’), variously refers to such a
determination by the Department as a
‘‘new,’’ ‘‘second,’’ and ‘‘different’’
determination.4 After consulting with
the Department and the appropriate
congressional committees, the USTR
may direct the Department to
implement, in whole or in part, the new
determinations made under section 129
of the URAA.5 Pursuant to section
129(c) of the URAA, the new
determinations shall apply with respect
to unliquidated entries of the subject
merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after the date on
which the USTR directs the Department
to implement the new determinations.6
The new determinations are subject to
judicial review separate and apart from
judicial review of the Department’s
original determination.7
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs submitted by interested
parties are addressed in the Final 129
Results Memo, which is hereby adopted
by this notice. A list of the issues, which
3 See
19 U.S.C. 3538(b)(2).
SAA at 1025, 1027.
5 See 19 U.S.C. 3538(b)(4).
6 See 19 U.S.C. 3538(c).
7 See 19 U.S.C. 1516a(a)(2)(B)(vii).
4 See
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74772
Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Notices
the parties raised and we addressed in
the Final 129 Results Memo, is attached
to this notice as Appendix I. The Final
129 Results Memo is a public document
and is on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Final 129
Results Memo can be accessed directly
on the Internet at https://www.trade.gov/
ia/. The signed Final 129 Results Memo
and the electronic versions of the Final
129 Results Memo are identical in
content.
Final Antidumping Duty Margins
The recalculated margins, unchanged
from the Prelim 129 Results, are as
follows:
STAINLESS STEEL PLATE IN COILS FROM THE REPUBLIC OF KOREA (A–580–831)
Manufacturer/exporter
2011 Section 129 results
Pohang Iron & Steel Co., Ltd ...................................................................................................................
All-Others .................................................................................................................................................
.55 percent (de minimis).
.55 percent (de minimis).
STAINLESS STEEL SHEET AND STRIP IN COILS FROM THE REPUBLIC OF KOREA (A–580–834)
Manufacturer/exporter
2011 Section 129 results
Pohang Iron & Steel Co., Ltd ...................................................................................................................
Inchon Iron & Steel Co., Ltd ....................................................................................................................
Taihan Electric Wire Co., Ltd ...................................................................................................................
All Others .................................................................................................................................................
Revocation of the Order for Stainless
Steel Plate in Coils
Upon recalculation, Pohang Iron &
Steel Co., Ltd. no longer has a positive
dumping margin. Because the changes
to the margin calculations result in no
margins for the mandatory respondent,
the All-Others rate decreases to zero.
Therefore, the Department is revoking
the Plate Order effective November 16,
2011, the date upon which USTR
directed the Department to implement
its final results. Accordingly, we will
instruct U.S. Customs and Border
Protection (‘‘CBP’’) to liquidate without
regard to antidumping duties entries of
the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after that date and to
discontinue the collection of cash
deposits for entries of stainless steel
plate in coils from Korea.
emcdonald on DSK5VPTVN1PROD with NOTICES
Partial Revocation of the Order for
Stainless Steel Sheet in Coils
Since the weighted-average margin
percentage for Inchon Iron & Steel Co.,
Ltd. continues to be zero, Inchon
continues to be excluded from the Sheet
Order. Further, because the Department
has recalculated a dumping margin of
zero percent for Pohang Iron & Steel Co.,
Ltd., the Department is revoking the
Sheet Order with respect to Pohang Iron
& Steel Co., Ltd., for entries made on or
after November 16, 2011. Accordingly,
the Department will instruct CBP to
liquidate without regard to antidumping
duties, Pohang Iron & Steel Co., Ltd.’s
entries of SSSS which were entered, or
withdrawn from warehouse, for
consumption on or after that date and to
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Jkt 226001
discontinue the collection of cash
deposits for estimated antidumping
duties for Pohang Iron & Steel Co., Ltd.
However, in the Sheet Order, the
Department assigned a dumping margin
based on section 776 of the Act in the
LTFV investigation to Taihan Electric
Wire Co., Ltd. The Department has not
recalculated this dumping margin
because it is not affected by the
implementation of the Panel Report.
This dumping margin was based on
information contained in the petition
and ‘‘zeroing’’ was not used to calculate
the dumping margins in the petition.8 In
addition, the Department must
determine an appropriate All-Others
dumping margin pursuant to section
735(c)(5) of the Tariff Act of 1930, as
amended (‘‘the Act’’). The Department
determines that a reasonable method for
determining the All-Others dumping
margin is a simple average of the
adverse-facts available dumping margin
and the calculated zero dumping
margin, because there are no other
calculated dumping margins from
which to assign an All-Others dumping
margin.9 This is consistent with our past
practice in the 2007 Section 129
Determinations.10 The All-Others
8 See, e.g., Initiation of Antidumping Duty
Investigations: Stainless Steel Sheet and Strip in
Coils From France, Germany, Italy, Japan, Mexico,
South Korea, Taiwan, and the United Kingdom, 63
FR 37521, 37526 (July 13, 1998) (where we stated
that ‘‘based on comparisons of EP to adjusted CV,
estimated margins range from 18.40 to 58.79
percent’’).
9 See section 735(c)(5)(B) of the Act.
10 See Implementation of the Findings of the WTO
Panel in US—Zeroing (EC): Notice of
Determinations Under Section 129 of the Uruguay
Round Agreements Act and Revocations and Partial
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Sfmt 4703
0 percent (excluded).
0 percent (excluded—no change).
58.79 percent (no change).
19.60 percent.
dumping margin is now 19.60 percent.
Consequently, because the Taihan
Electric Wire Co., Ltd. and the AllOthers dumping margins are above de
minimis, we will not revoke the Sheet
Order in its entirety.
We will instruct CBP to continue to
suspend liquidation of all entries of
subject merchandise from all other
exporters or producers, except for
Inchon Iron & Steel Co., Ltd. and
Pohang Iron & Steel Co., Ltd., as stated
above. We will instruct CBP to continue
to require a cash deposit equal to the
estimated amount by which the normal
value exceeds the U.S. price. The
suspension of liquidation instructions
will remain in effect until further notice.
The All-Others rate of 19.60 percent
established in this section 129
determination will be the new cashdeposit rate on or after November 16,
2011, for all exporters of subject
merchandise for which the Department
has not calculated an individual rate.
These amended final determinations
are issued and published in accordance
with section 129(c)(2)(A) of the URAA.
Revocations of Certain Antidumping Duty Orders,
72 FR 2526, 25262–63 (May 4, 2007) (‘‘2007 Section
129 Determinations’’) where the Department
calculated a simple average of existing AFA
margins with above de minimis/zero margins as an
All-Others rate following section 129 recalculations
for the mandatory respondents that resulted in zero
or de minimis rates.
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Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Notices
Dated: November 25, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Reviews
Appendix I
Discussion of the Issues
Plate and Sheet
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
1. Whether the Department Should Vacate
the Preliminary 129 Results
2. Whether to Revoke the Plate Order
3. Whether to Set Cash Deposits to Zero in
Lieu of Revocation
Background
Every five years, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) and the
International Trade Commission
[FR Doc. 2011–30951 Filed 11–30–11; 8:45 am]
BILLING CODE 3510–DS–P
74773
automatically initiate and conduct a
review to determine whether revocation
of a countervailing or antidumping duty
order or termination of an investigation
suspended under section 704 or 734 of
the Act would be likely to lead to
continuation or recurrence of dumping
or a countervailable subsidy (as the case
may be) and of material injury.
Upcoming Sunset Reviews for January
2012
The following Sunset Reviews are
scheduled for initiation in January 2012
and will appear in that month’s Notice
of Initiation of Five-Year Sunset
Reviews.
Department contact
Dana Mermelstein, (202) 482–1391.
David Goldberger, (202) 482–4136.
Countervailing Duty Proceedings
Corrosion-Resistant Carbon Steel Flat Products from From the Republic of Korea (C–580–818) (3rd
Review).
emcdonald on DSK5VPTVN1PROD with NOTICES
Antidumping Duty Proceedings
Corrosion-Resistant Carbon Steel Flat Products from From Germany (A–428–815) (3rd Review) ...........
Corrosion-Resistant Carbon Steel Flat Products from From the Republic of Korea (A–580–816) (3rd Review).
David Goldberger, (202) 482–4136.
Suspended Investigations
No Sunset Review of suspended
investigations is scheduled from
initiation in January 2012.
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in 19 CFR 351.218. Guidance on
methodological or analytical issues
relevant to the Department’s conduct of
Sunset Reviews is set forth in the
Department’s Policy Bulletin 98.3—
Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of
Antidumping and Countervailing Duty
Orders; Policy Bulletin, 63 FR 18871
(April 16, 1998). The Notice of Initiation
of Five-Year (‘‘Sunset’’) Reviews
provides further information regarding
what is required of all parties to
participate in Sunset Reviews.
Pursuant to 19 CFR 351.103(c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact the Department in writing
within 10 days of the publication of the
Notice of Initiation.
Please note that if the Department
receives a Notice of Intent to Participate
from a member of the domestic industry
within 15 days of the date of initiation,
the review will continue. Thereafter,
any interested party wishing to
participate in the Sunset Review must
provide substantive comments in
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17:34 Nov 30, 2011
Jkt 226001
response to the notice of initiation no
later than 30 days after the date of
initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: November 9, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–30946 Filed 11–30–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
telephone: (202) 482–4735.
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
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Fmt 4703
Sfmt 4703
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
may request, in accordance with 19 CFR
351.213, that the Department of
Commerce (‘‘the Department’’) conduct
an administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by the Department
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, the
Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the period of review. We
intend to release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties having an APO
within five days of publication of the
initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of the
initiation Federal Register notice.
Therefore, we encourage all parties
interested in commenting on respondent
selection to submit their APO
E:\FR\FM\01DEN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Notices]
[Pages 74771-74773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30951]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 /
Notices
[[Page 74771]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-831 and A-580-834]
Notice of Implementation of Determination Under Section 129 of
the Uruguay Round Agreements Act and Revocation of the Antidumping Duty
Order on Stainless Steel Plate in Coils From the Republic of Korea; and
Partial Revocation of the Antidumping Duty Order on Stainless Steel
Sheet and Strip in Coils From the Republic of Korea
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 16, 2011, the U.S. Trade Representative (``USTR'')
instructed the Department of Commerce (``the Department'') to implement
its determination under section 129 of the Uruguay Round Agreements Act
(``URAA'') regarding the investigation of stainless steel plate in
coils from the Republic of Korea (``SSPC'') and stainless steel sheet
and strip from the Republic of Korea (``SSSS''). The Department issued
its determination on November 4, 2011, regarding the offsetting of
dumped comparisons with non-dumped comparisons when making average-to-
average comparisons of export price and normal value in the
investigation challenged by the Republic of Korea before the World
Trade Organization (``WTO'') in United States--Use of Zeroing in
Antidumping Measures Involving Products from Korea (DS402). The
Department is now implementing this determination.
DATES: The effective date of this determination is November 16, 2011.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik or Lori Apodaca, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-6905, or (202) 482-4551,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 26, 2011, the Department informed interested parties
that it was initiating a proceeding under section 129 of the URAA to
implement the findings of the WTO dispute settlement panel in United
States--Use of Zeroing in Antidumping Measures Involving Products from
Korea (DS402) (``Panel Report''). On September 26, 2011, the Department
issued the memorandum entitled ``Preliminary Results Under Section 129
of the Uruguay Round Agreements Act: Antidumping Measures on Stainless
Steel Plate in Coils and Stainless Steel Sheet and Strip in Coils from
the Republic of Korea,'' dated September 23, 2011 (``Preliminary 129
Results''), in which the Department recalculated the weighted-average
dumping margins from the antidumping investigations of SSPC and SSSS
from Korea \1\ by applying the calculation methodology described in
Antidumping Proceedings: Calculation of the Weighted-Average Dumping
Margin During an Antidumping Investigation; Final Modification, 71 FR
77722 (December 27, 2006). The Department invited interested parties to
comment on the Preliminary 129 Results. After receiving comments and
rebuttal comments from the interested parties, the Department issued
its final results for the section 129 determinations on November 4,
2011.\2\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Orders: Certain Stainless Steel Plate
in Coils From Belgium, Canada, Italy, the Republic of Korea, South
Africa, and Taiwan, 64 FR 27756 (May 21, 1999) (``Plate Order'') and
Notice of Antidumping Duty Order; Stainless Steel Sheet and Strip in
Coils From the United Kingdom, Taiwan and South Korea, 64 FR 40555
(July 27, 1999) (``Sheet Order''), as amended by Notice of Amendment
of Final Determination of Sales at Less Than Fair Value: Stainless
Steel Plate in Coils From the Republic of Korea; and Stainless Steel
Sheet and Strip in Coils From the Republic of Korea, 66 FR 45279
(August 28, 2001).
\2\ See Memorandum from Christian Marsh to Paul Piquado,
``Issues and Decision Memorandum for the Final Results of the
Proceeding Under Section 129 of the Uruguay Round Agreements Act:
Antidumping Measures on Stainless Steel Plate in Coils from the
Republic of Korea; Stainless Steel Sheet and Strip from the Republic
of Korea,'' dated November 4, 2011 (``Final 129 Results Memo'').
---------------------------------------------------------------------------
In its November 16, 2011, letter, the USTR notified the Department
that, consistent with section 129(b)(3) of the URAA, consultations with
the Department and the appropriate congressional committees with
respect to the November 4, 2011, determination have been completed. On
November 16, 2011, in accordance with section 129(b)(4) of the URAA,
the USTR directed the Department to implement these determinations.
Nature of the Proceeding
Section 129 of the URAA governs the nature and effect of
determinations issued by the Department to implement findings by WTO
dispute settlement panels and the Appellate Body. Specifically, section
129(b)(2) of the URAA provides that, ``notwithstanding any provision of
the Tariff Act of 1930,'' within 180 days of a written request from the
USTR, the Department shall issue a determination that would render its
actions not inconsistent with an adverse finding of a WTO panel or the
Appellate Body report.\3\ The Statement of Administrative Action, URAA,
H. Doc. 316, Vol. 1, 103d Cong. (1994) (``SAA''), variously refers to
such a determination by the Department as a ``new,'' ``second,'' and
``different'' determination.\4\ After consulting with the Department
and the appropriate congressional committees, the USTR may direct the
Department to implement, in whole or in part, the new determinations
made under section 129 of the URAA.\5\ Pursuant to section 129(c) of
the URAA, the new determinations shall apply with respect to
unliquidated entries of the subject merchandise that are entered, or
withdrawn from warehouse, for consumption on or after the date on which
the USTR directs the Department to implement the new determinations.\6\
The new determinations are subject to judicial review separate and
apart from judicial review of the Department's original
determination.\7\
---------------------------------------------------------------------------
\3\ See 19 U.S.C. 3538(b)(2).
\4\ See SAA at 1025, 1027.
\5\ See 19 U.S.C. 3538(b)(4).
\6\ See 19 U.S.C. 3538(c).
\7\ See 19 U.S.C. 1516a(a)(2)(B)(vii).
---------------------------------------------------------------------------
Analysis of Comments Received
The issues raised in the case and rebuttal briefs submitted by
interested parties are addressed in the Final 129 Results Memo, which
is hereby adopted by this notice. A list of the issues, which
[[Page 74772]]
the parties raised and we addressed in the Final 129 Results Memo, is
attached to this notice as Appendix I. The Final 129 Results Memo is a
public document and is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is
available in the Central Records Unit, room 7046 of the main Department
of Commerce building. In addition, a complete version of the Final 129
Results Memo can be accessed directly on the Internet at https://www.trade.gov/ia/. The signed Final 129 Results Memo and the electronic
versions of the Final 129 Results Memo are identical in content.
Final Antidumping Duty Margins
The recalculated margins, unchanged from the Prelim 129 Results,
are as follows:
Stainless Steel Plate in Coils From the Republic of Korea (A-580-831)
----------------------------------------------------------------------------------------------------------------
Manufacturer/exporter 2011 Section 129 results
----------------------------------------------------------------------------------------------------------------
Pohang Iron & Steel Co., Ltd................ .55 percent (de minimis).
All-Others.................................. .55 percent (de minimis).
----------------------------------------------------------------------------------------------------------------
Stainless Steel Sheet and Strip in Coils From the Republic of Korea (A-580-834)
----------------------------------------------------------------------------------------------------------------
Manufacturer/exporter 2011 Section 129 results
----------------------------------------------------------------------------------------------------------------
Pohang Iron & Steel Co., Ltd................ 0 percent (excluded).
Inchon Iron & Steel Co., Ltd................ 0 percent (excluded--no change).
Taihan Electric Wire Co., Ltd............... 58.79 percent (no change).
All Others.................................. 19.60 percent.
----------------------------------------------------------------------------------------------------------------
Revocation of the Order for Stainless Steel Plate in Coils
Upon recalculation, Pohang Iron & Steel Co., Ltd. no longer has a
positive dumping margin. Because the changes to the margin calculations
result in no margins for the mandatory respondent, the All-Others rate
decreases to zero. Therefore, the Department is revoking the Plate
Order effective November 16, 2011, the date upon which USTR directed
the Department to implement its final results. Accordingly, we will
instruct U.S. Customs and Border Protection (``CBP'') to liquidate
without regard to antidumping duties entries of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after that
date and to discontinue the collection of cash deposits for entries of
stainless steel plate in coils from Korea.
Partial Revocation of the Order for Stainless Steel Sheet in Coils
Since the weighted-average margin percentage for Inchon Iron &
Steel Co., Ltd. continues to be zero, Inchon continues to be excluded
from the Sheet Order. Further, because the Department has recalculated
a dumping margin of zero percent for Pohang Iron & Steel Co., Ltd., the
Department is revoking the Sheet Order with respect to Pohang Iron &
Steel Co., Ltd., for entries made on or after November 16, 2011.
Accordingly, the Department will instruct CBP to liquidate without
regard to antidumping duties, Pohang Iron & Steel Co., Ltd.'s entries
of SSSS which were entered, or withdrawn from warehouse, for
consumption on or after that date and to discontinue the collection of
cash deposits for estimated antidumping duties for Pohang Iron & Steel
Co., Ltd.
However, in the Sheet Order, the Department assigned a dumping
margin based on section 776 of the Act in the LTFV investigation to
Taihan Electric Wire Co., Ltd. The Department has not recalculated this
dumping margin because it is not affected by the implementation of the
Panel Report. This dumping margin was based on information contained in
the petition and ``zeroing'' was not used to calculate the dumping
margins in the petition.\8\ In addition, the Department must determine
an appropriate All-Others dumping margin pursuant to section 735(c)(5)
of the Tariff Act of 1930, as amended (``the Act''). The Department
determines that a reasonable method for determining the All-Others
dumping margin is a simple average of the adverse-facts available
dumping margin and the calculated zero dumping margin, because there
are no other calculated dumping margins from which to assign an All-
Others dumping margin.\9\ This is consistent with our past practice in
the 2007 Section 129 Determinations.\10\ The All-Others dumping margin
is now 19.60 percent. Consequently, because the Taihan Electric Wire
Co., Ltd. and the All-Others dumping margins are above de minimis, we
will not revoke the Sheet Order in its entirety.
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\8\ See, e.g., Initiation of Antidumping Duty Investigations:
Stainless Steel Sheet and Strip in Coils From France, Germany,
Italy, Japan, Mexico, South Korea, Taiwan, and the United Kingdom,
63 FR 37521, 37526 (July 13, 1998) (where we stated that ``based on
comparisons of EP to adjusted CV, estimated margins range from 18.40
to 58.79 percent'').
\9\ See section 735(c)(5)(B) of the Act.
\10\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the
Uruguay Round Agreements Act and Revocations and Partial Revocations
of Certain Antidumping Duty Orders, 72 FR 2526, 25262-63 (May 4,
2007) (``2007 Section 129 Determinations'') where the Department
calculated a simple average of existing AFA margins with above de
minimis/zero margins as an All-Others rate following section 129
recalculations for the mandatory respondents that resulted in zero
or de minimis rates.
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We will instruct CBP to continue to suspend liquidation of all
entries of subject merchandise from all other exporters or producers,
except for Inchon Iron & Steel Co., Ltd. and Pohang Iron & Steel Co.,
Ltd., as stated above. We will instruct CBP to continue to require a
cash deposit equal to the estimated amount by which the normal value
exceeds the U.S. price. The suspension of liquidation instructions will
remain in effect until further notice. The All-Others rate of 19.60
percent established in this section 129 determination will be the new
cash-deposit rate on or after November 16, 2011, for all exporters of
subject merchandise for which the Department has not calculated an
individual rate.
These amended final determinations are issued and published in
accordance with section 129(c)(2)(A) of the URAA.
[[Page 74773]]
Dated: November 25, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
Discussion of the Issues
Plate and Sheet
1. Whether the Department Should Vacate the Preliminary 129 Results
2. Whether to Revoke the Plate Order
3. Whether to Set Cash Deposits to Zero in Lieu of Revocation
[FR Doc. 2011-30951 Filed 11-30-11; 8:45 am]
BILLING CODE 3510-DS-P
