Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Final Results of Countervailing Duty Administrative Review, 13093-13095 [2012-5188]
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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
Determination.32 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This administrative review and notice
are published in accordance with
sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(4).
Dated: February 28, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 2012–5263 Filed 3–2–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–818]
Corrosion-Resistant Carbon Steel Flat
Products From the Republic of Korea:
Final Results of Countervailing Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 31, 2011, the U.S.
Department of Commerce (‘‘the
Department’’) published in the Federal
Register its preliminary results of the
administrative review of the
countervailing duty (‘‘CVD’’) order on
corrosion-resistant carbon steel flat
products (‘‘CORE’’) from the Republic of
Korea (‘‘Korea’’) for the period of review
(‘‘POR’’) January 1, 2009, through
December 31, 2009.1 We preliminarily
found that Hyundai HYSCO Ltd.
AGENCY:
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32 Effective
January 16, 2009, there is no longer
a cash deposit requirement for certain producers/
exporters in accordance with the Implementation of
the Findings of the WTO Panel in United States
Antidumping Measure on Shrimp from Thailand:
Notice of Determination under Section 129 of the
Uruguay Round Agreements Act and Partial
Revocation of the Antidumping Duty Order on
Frozen Warmwater Shrimp from Thailand, 74 FR
5638 (Jan. 30, 2009) (Section 129 Determination).
1 See Corrosion-Resistant Carbon Steel Flat
Products from the Republic of Korea: Preliminary
Results of Countervailing Duty Administrative
Review, 76 FR 54209 (August 31, 2011)
(‘‘Preliminary Results’’).
VerDate Mar<15>2010
15:06 Mar 02, 2012
Jkt 226001
(HYSCO) received de minimis
countervailable subsidies during the
POR. However, we subsequently issued
a Post Preliminary Analysis
Memorandum and Post Preliminary
Final Results in which we found that
HYSCO received additional
countervailable subsidies.2 We received
comments on our Preliminary Results
from interested parties, and we have
made revisions to our calculations. The
final results are listed in the section
‘‘Final Results of Review’’ below.
DATES: Effective Date: March 5, 2012.
FOR FURTHER INFORMATION CONTACT:
Gayle Longest at (202) 482–3338, AD/
CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Ave. NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On August 17, 1993, the Department
published in the Federal Register the
CVD order on CORE from Korea.3 On
August 31, 2011, the Department
published in the Federal Register its
Preliminary Results of the
administrative review of this order for
the period January 1, 2009, through
December 31, 2009.4 In accordance with
19 CFR 351.213(b), this administrative
review covers HYSCO, a producer and
exporter of subject merchandise.
In the Preliminary Results, we
indicated that we would address the
Restriction of Special Taxation Act
(RSTA) Article 26 program in a postpreliminary decision memorandum,
because information concerning this
program was submitted by the
Government of Korea (GOK) shortly
before the Preliminary Results.5 On
September 27, 2011, we issued a Post
Preliminary Analysis Memorandum and
Post Preliminary Results.6
In the Preliminary Results, we invited
interested parties to submit briefs or
request a hearing. On October 11, 2011,
the respondent, HYSCO, submitted
comments on the Preliminary Results.
On October 18, 2011, the petitioner,
2 See 2009 Review of the Countervailing Duty
Order on Corrosion-Resistant Carbon Steel Flats
Products from Korea: Post Preliminary Analysis
Memorandum for Hyundai HYSCO Ltd. (‘‘HYSCO’’)
and Post Preliminary Results of CVD Administrative
Review: Corrosion-Resistant Carbon Steel Flat
Products from the Republic of Korea (C–580–818)
dated September 27, 2011.
3 See Countervailing Duty Orders and
Amendments to Final Affirmative Countervailing
Duty Determinations: Certain Steel Products from
Korea, 58 FR 43752 (August 17, 1993).
4 See Preliminary Results, 76 FR 54209.
5 See Preliminary Results at 54215.
6 See Post Preliminary Analysis Memorandum
and Post Preliminary Results.
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
13093
U.S. Steel Corporation, submitted
rebuttal comments.
Subsequent to Preliminary Results,
the Department issued supplemental
questionnaires to HYSCO on November
18, 2011 and December 22, 2011.
HYSCO submitted timely responses on
December 2, 2011 and January 11, 2012.
To allow sufficient time to collect and
analyze this additional information, and
the briefing process, the Department
extended the time limit for these final
results.7 We invited interested parties to
submit comments on the additional
information collected after the
Preliminary Results. On December 12,
2011 and January 11, 2012, HYSCO
submitted comments. On December 19,
2011 and January 17, 2012, U.S. Steel
submitted rebuttal comments. HYSCO
submitted rebuttal comments on January
20, 2012. The Department did not
conduct a hearing in this review
because none was requested.
The Department has considered the
comments from interested parties, and
we have made revisions to our shortterm benchmark used to measure the
benefit from the KEXIM short-term
exporting financing program. Our
findings concerning the issue raised by
HYSCO and U.S. Steel are addressed in
the accompanying Decision
Memorandum for the Countervailing
Duty Administrative Review on
Corrosion-Resistant Carbon Steel Flat
Products from the Republic of Korea
(Decision Memorandum), which is
dated concurrently with and hereby
adopted by this notice. Parties can find
a complete discussion of these issues
and the corresponding
recommendations in this public
memorandum, which is on file in the
Central Records Unit of the main
commerce building. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the internet at https://ia.ita.doc.gov/
frn.
The paper copy and the electronic
version of the Decision Memorandum
are identical in content.
Scope of Order
Products covered by the order are
CORE from Korea. These products
include flat-rolled carbon steel
products, of rectangular shape, either
clad, plated, or coated with corrosionresistant metals such as zinc, aluminum,
or zinc-, aluminum-, nickel- or ironbased alloys, whether or not corrugated
or painted, varnished or coated with
7 See Corrosion-Resistant Carbon Steel Flat
Products from the Republic of Korea: Extension of
Time Limit for Final Results of Countervailing Duty
Administrative Review, 76 FR 77775 (December 14,
2011).
E:\FR\FM\05MRN1.SGM
05MRN1
13094
Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
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. The merchandise subject
to the order is currently classifiable in
the Harmonized Tariff Schedule of the
United States (HTSUS) at subheadings:
7210.30.0000, 7210.31.0000,
7210.39.0000, 7210.41.0000,
7210.49.0030, 7210.29.0090,
7210.60.0000, 7210.61.0000,
7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.1000,
7210.90.6000, 7210.90.9000,
7212.20.0000, 7212.21.0000,
7212.29.0000, 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,
7217.12.1000, 7217.13.1000,
7217.19.1000, 7217.19.5000,
7217.20.1500, 7217.22.5000,
7217.23.5000, 7217.29.1000,
7217.29.5000, 7217.30.15.0000,
7217.32.5000, 7217.33.5000,
7217.39.1000, 7217.39.5000,
7217.90.1000 and 7217.90.5000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the Department’s written
description of the merchandise subject
to the order is dispositive.
erowe on DSK2VPTVN1PROD with NOTICES
Period of Review
The POR for which we are measuring
subsidies is from January 1, 2009,
through December 31, 2009.
Final Results of Review
As noted above, the Department
received comments concerning the
Preliminary Results. We find that
changes are warranted in these final
results. As a result, we have made
revisions to our short-term benchmark
used to measure the benefit from the
short-term export financing program, as
explained in our Decision
Memorandum. Therefore, in these final
results, we find that HYSCO received a
net subsidy of 0.46 percent ad valorem,
which is a de minimis rate. See 19 CFR
351.106(c)(1).
Listed below are the programs we
examined in the review and our
findings with respect to each of these
programs. For a complete analysis of
these programs, see the Preliminary
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15:06 Mar 02, 2012
Jkt 226001
Results and the Post Preliminary
Analysis Memorandum.
I. Programs Determined to Confer Subsidies
During the POR
A. Short-Term Export Financing
B. R&D Grants and Loans Under the Act on
Special Measures for the Promotion of
Specialized Enterprises for Parts and
Materials
C. Restriction of Special Taxation Act
(RSTA) Article 26
II. Programs That Provided No Benefits
During the POR
A. Research and Development Grants
Under the Industrial Development Act
(IDA)
B. Research and Development Grants
Under the Industrial Technology
Innovation Promotion Act (ITIPA)
C. R&D Grants Under the Act on the
Promotion of the Development, Use, and
Diffusion of New and Renewable Energy
D. Reduction in Taxes for Operation in
Regional and National Industrial
Complexes
E. Overseas Resource Development
Program: Loan From Korea Resources
Corporation (KORES)
F. Overseas Resource Development
Program: Loan From Korea National Oil
Corporation(KNOC)
III. Programs Found Not to Have Been Used
During the POR
A. Reserve for Research and Manpower
Development Fund Under RSTA Article
9 (TERCL Article 8)
B. RSTA Article 11: Tax Credit for
Investment in Equipment to
Development Technology and Manpower
(TERCL Article 10)
C. Reserve for Export Loss Under TERCL
Article 16
D. Reserve for Overseas Market
Development Under TERCL Article 17
E. Reserve for Export Loss Under TERCL
Article 22
F. Exemption of Corporation Tax on
Dividend Income From Overseas
Resources Development Investment
Under TERCL Article 24
G. Reserve for Investment (Special Cases of
Tax for Balanced Development Among
Areas Under TERCL Articles 41–45)
H. Tax Credits for Specific Investments
Under TERCL Article 71
I. Asset Revaluation Under Article 56(2) of
the TERCL
J. RSTA Article 94: Equipment Investment
to Promote Worker’s Welfare (TERCL
Article 88)
K. Electricity Discounts Under the
Requested Loan Adjustment Program
L. Electricity Discounts Under the
Emergency Load Reductions Program
M. Export Industry Facility Loans and
Specialty Facility Loans
N. Exemption of VAT on Imports of
Anthracite Coal
O. Short-Term Trade Financing Under the
Aggregate Credit Ceiling Loan Program
Administered by the Bank of Korea
P. Industrial Base Fund
Q. Excessive Duty Drawback
R. Private Capital Inducement Act Tax
Credits for Temporary Investments
Under TERCL Article 27
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
S. Scrap Reserve Fund
T. Short-Term Document Acceptance (D/A)
Financing Provided Under KEXIM’s
Trade Rediscount Program
U. Special Depreciation of Assets on
Foreign Exchange Earnings
V. Export Insurance Rates Provided by the
Korean Export Insurance Corporation
W. Loans From the National Agricultural
Cooperation Federation
X. Tax Incentives From Highly Advanced
Technology Businesses Under the
Foreign Investment and Foreign Capital
Inducement Act
Y. Other Subsidies Related to Operations at
Asan Bay: Provision of Land and
Exemption of Port Fees Under the Harbor
Act
Z. D/A Loans Issued by the Korean
Development Bank and Other
Government-Owned Banks EnergyServings Facilities Investment Reserve
Funds Under TERCL Article 29
AA. R&D Grants Under the Promotion of
Industrial Technology Innovation Act
AB. Export Loans by Commercial Banks
Under KEXIM’s Trade Bill Rediscounting
Program
Assessment Rates/Cash Deposits
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (CBP) 15 days
after the date of publication of these
final results of review to liquidate
shipments of subject merchandise by
HYSCO entered, or withdrawn from
warehouse, for consumption on or after
January 1, 2009, through December 31,
2009, without regard to countervailing
duties. We will also instruct CBP not to
collect cash deposits of estimated
countervailing duties on shipments of
the subject merchandise by HYSCO
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of these final results of
review.
For all non-reviewed companies, the
Department has instructed CBP to assess
countervailing duties at the cash deposit
rates in effect at the time of entry, for
entries between January 1, 2009, and
December 31, 2009. The cash deposit
rates for all companies not covered by
this review are not changed by the
results of this review, and remain in
effect until further notice.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
E:\FR\FM\05MRN1.SGM
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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act
of 1930, as amended.
Dated: February 27, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 2012–5188 Filed 3–2–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA986
Intent To Prepare an Environmental
Impact Statement for NOAA
Restoration Center Programmatic
Coastal Habitat Restoration Activities
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcement of public
scoping; request for comments.
AGENCY:
Pursuant to the National
Environmental Policy Act (NEPA) of
1969 and in compliance with the
implementing regulations issued by the
Council on Environmental Quality and
procedures issued by NOAA
Administrative Order 216–6, NOAA is
providing notice of its intent to develop
a Programmatic Environmental Impact
Statement (PEIS) to evaluate the
potential environmental impacts of
different ranges of coastal and marine
habitat restoration project types
conducted and supported by the NOAA
Restoration Center.
DATES: Interested parties should provide
written comments by May 31, 2012.
ADDRESSES: Interested parties that wish
to send questions, comments or requests
for information may send an email to
the following address:
rc.compliance@noaa.gov.
Interested parties that wish to send
questions, comments or requests for
information through regular mail may
use the following mailing address:
NOAA Restoration Center (F/HC3),
ATTN: Restoration PEIS Scoping, 1315
East West Highway, Silver Spring, MD
20910.
The NOAA Restoration Center Web
site that contains information and
updates relevant to this PEIS can be
found at: https://
www.restoration.noaa.gov/
environmentalcompliance
erowe on DSK2VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:06 Mar 02, 2012
Jkt 226001
Tom
Barry at 301–427–8653 or via the
following email address:
rc.compliance@noaa.gov.
SUPPLEMENTARY INFORMATION: The
NOAA Restoration Center is the only
office within NOAA solely devoted to
restoring the nation’s coastal, marine,
and migratory fish habitat. Recognizing
that the most successful environmental
restoration projects are supported and
implemented at the community-level,
the Restoration Center creates and
builds partnerships on local, regional
and national scales to carry out habitat
restoration projects within the coastal
United States, Great Lakes region, and
territories. Restoration projects use a
number of priority habitat restoration
approaches to positively impact fishery
production. Most notably these
approaches include, but are not limited
to, opening rivers, reconnecting coastal
wetlands, restoring corals, rebuilding
shellfish populations, land and
easement acquisition, erosion reduction,
public outreach, restoration research, or
a combination of these project types.
The Restoration Center provides
financial and technical assistance for
implementing habitat restoration
projects to partners primarily on a
competitive basis through a number of
programs and funding opportunities
administered by the Restoration Center.
These include the Community-based
Restoration Program (CRP), the Damage
Assessment, Remediation and
Restoration Program (DARRP), the
Coastal Wetland Planning, Protection
and Restoration Act (CWPPRA)
Program, and the Great Lakes Habitat
Restoration Program (GLHRP).
In 2002 the NOAA Restoration Center
released the ‘‘NOAA Fisheries’
Implementation Plan for the
Community-based Restoration Program’’
to document environmental compliance
processes and procedures for the CRP.
In 2006, the NOAA Restoration Center
released a Supplemental Programmatic
Environmental Assessment (SPEA) to
update and further refine the
environmental impact evaluation
process for the CRP. Since that time, the
Restoration Center has increased the
scope and scale of the individual
projects implemented by the CRP, as
well as other Restoration Center
programs. Therefore, the environmental
impact analysis process under NEPA
that uses the 2002 implementation plan
and 2006 SPEA needs to be revised.
Accordingly, NOAA is providing
notice of its intent to develop a PEIS to
evaluate the potential environmental
impacts of proposed coastal and marine
habitat restoration activities that the
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
13095
NOAA Restoration Center may conduct
and support through its funding
programs and restoration partners.
These activities include: (1) Technical
Assistance (includes planning,
permitting, monitoring, research and
outreach); (2) Riverine/Riparian/
Associated Uplands Restoration
(includes channel, bank and floodplain,
buffer area and watershed revegetation);
(3) Inter-tidal Restoration (includes
saltmarsh and oyster restoration); (4)
Sub-tidal Restoration (includes
submerged aquatic vegetation and coral
restoration); and (5) Land and Water
Acquisition. Possible alternatives
NOAA will explore during the scoping
process include the following:
• Alternative 1 (preferred): NOAA
proposes to support a comprehensive
range of restoration activities through a
wide variety of project types. Under this
alternative, the Restoration Center
would carry out Activities 1–5
(Technical Assistance, Riverine/
Riparian/Associated Uplands
Restoration, Sub-tidal Restoration, Intertidal Restoration, and Land and Water
Acquisition). This alternative enables
the Restoration Center to implement its
programs and work toward its mission
with the greatest efficiency and impact.
• Alternative 2: Under this alternative
NOAA would support a more limited
range of project types, limited to
Activities 1–4 (Technical Assistance,
Riverine/Riparian/Associated Uplands
Restoration, Sub-tidal Restoration, and
Inter-tidal Restoration). This alternative,
while not preferred, enables the
Restoration Center to maintain a high
level of efficiency and impact in
implementing its programs. However,
the exclusion of land and easement
acquisition would steer program
priorities toward on-the-ground
restoration activities and technical
support.
• Alternative 3: Under this alternative
NOAA would support a very limited
range of project types, limited to
Activity 1 (Technical Assistance). This
alternative, while not preferred, enables
the Restoration Center to support
restoration activities conducted by
partners.
The publication date of this notice
constitutes the start of the public
scoping process under NEPA for the
PEIS. Through public comment, the
scoping process will help identify and
determine the environmental issues that
the PEIS will address. This notice
provides information on how the public
may participate. NOAA encourages all
parties with an interest in or who are
affected by habitat restoration activities
to provide suggestions, comments and
input on the alternatives, scope of
E:\FR\FM\05MRN1.SGM
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Agencies
[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13093-13095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5188]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-818]
Corrosion-Resistant Carbon Steel Flat Products From the Republic
of Korea: Final Results of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 31, 2011, the U.S. Department of Commerce (``the
Department'') published in the Federal Register its preliminary results
of the administrative review of the countervailing duty (``CVD'') order
on corrosion-resistant carbon steel flat products (``CORE'') from the
Republic of Korea (``Korea'') for the period of review (``POR'')
January 1, 2009, through December 31, 2009.\1\ We preliminarily found
that Hyundai HYSCO Ltd. (HYSCO) received de minimis countervailable
subsidies during the POR. However, we subsequently issued a Post
Preliminary Analysis Memorandum and Post Preliminary Final Results in
which we found that HYSCO received additional countervailable
subsidies.\2\ We received comments on our Preliminary Results from
interested parties, and we have made revisions to our calculations. The
final results are listed in the section ``Final Results of Review''
below.
---------------------------------------------------------------------------
\1\ See Corrosion-Resistant Carbon Steel Flat Products from the
Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review, 76 FR 54209 (August 31, 2011) (``Preliminary
Results'').
\2\ See 2009 Review of the Countervailing Duty Order on
Corrosion-Resistant Carbon Steel Flats Products from Korea: Post
Preliminary Analysis Memorandum for Hyundai HYSCO Ltd. (``HYSCO'')
and Post Preliminary Results of CVD Administrative Review:
Corrosion-Resistant Carbon Steel Flat Products from the Republic of
Korea (C-580-818) dated September 27, 2011.
---------------------------------------------------------------------------
DATES: Effective Date: March 5, 2012.
FOR FURTHER INFORMATION CONTACT: Gayle Longest at (202) 482-3338, AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Ave. NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On August 17, 1993, the Department published in the Federal
Register the CVD order on CORE from Korea.\3\ On August 31, 2011, the
Department published in the Federal Register its Preliminary Results of
the administrative review of this order for the period January 1, 2009,
through December 31, 2009.\4\ In accordance with 19 CFR 351.213(b),
this administrative review covers HYSCO, a producer and exporter of
subject merchandise.
---------------------------------------------------------------------------
\3\ See Countervailing Duty Orders and Amendments to Final
Affirmative Countervailing Duty Determinations: Certain Steel
Products from Korea, 58 FR 43752 (August 17, 1993).
\4\ See Preliminary Results, 76 FR 54209.
---------------------------------------------------------------------------
In the Preliminary Results, we indicated that we would address the
Restriction of Special Taxation Act (RSTA) Article 26 program in a
post-preliminary decision memorandum, because information concerning
this program was submitted by the Government of Korea (GOK) shortly
before the Preliminary Results.\5\ On September 27, 2011, we issued a
Post Preliminary Analysis Memorandum and Post Preliminary Results.\6\
---------------------------------------------------------------------------
\5\ See Preliminary Results at 54215.
\6\ See Post Preliminary Analysis Memorandum and Post
Preliminary Results.
---------------------------------------------------------------------------
In the Preliminary Results, we invited interested parties to submit
briefs or request a hearing. On October 11, 2011, the respondent,
HYSCO, submitted comments on the Preliminary Results. On October 18,
2011, the petitioner, U.S. Steel Corporation, submitted rebuttal
comments.
Subsequent to Preliminary Results, the Department issued
supplemental questionnaires to HYSCO on November 18, 2011 and December
22, 2011. HYSCO submitted timely responses on December 2, 2011 and
January 11, 2012. To allow sufficient time to collect and analyze this
additional information, and the briefing process, the Department
extended the time limit for these final results.\7\ We invited
interested parties to submit comments on the additional information
collected after the Preliminary Results. On December 12, 2011 and
January 11, 2012, HYSCO submitted comments. On December 19, 2011 and
January 17, 2012, U.S. Steel submitted rebuttal comments. HYSCO
submitted rebuttal comments on January 20, 2012. The Department did not
conduct a hearing in this review because none was requested.
---------------------------------------------------------------------------
\7\ See Corrosion-Resistant Carbon Steel Flat Products from the
Republic of Korea: Extension of Time Limit for Final Results of
Countervailing Duty Administrative Review, 76 FR 77775 (December 14,
2011).
---------------------------------------------------------------------------
The Department has considered the comments from interested parties,
and we have made revisions to our short-term benchmark used to measure
the benefit from the KEXIM short-term exporting financing program. Our
findings concerning the issue raised by HYSCO and U.S. Steel are
addressed in the accompanying Decision Memorandum for the
Countervailing Duty Administrative Review on Corrosion-Resistant Carbon
Steel Flat Products from the Republic of Korea (Decision Memorandum),
which is dated concurrently with and hereby adopted by this notice.
Parties can find a complete discussion of these issues and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit of the main commerce building. In
addition, a complete version of the Decision Memorandum can be accessed
directly on the internet at https://ia.ita.doc.gov/frn.
The paper copy and the electronic version of the Decision
Memorandum are identical in content.
Scope of Order
Products covered by the order are CORE from Korea. These products
include 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
[[Page 13094]]
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. The
merchandise subject to the order is currently classifiable in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings:
7210.30.0000, 7210.31.0000, 7210.39.0000, 7210.41.0000, 7210.49.0030,
7210.29.0090, 7210.60.0000, 7210.61.0000, 7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.21.0000, 7212.29.0000, 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, 7217.12.1000, 7217.13.1000,
7217.19.1000, 7217.19.5000, 7217.20.1500, 7217.22.5000, 7217.23.5000,
7217.29.1000, 7217.29.5000, 7217.30.15.0000, 7217.32.5000,
7217.33.5000, 7217.39.1000, 7217.39.5000, 7217.90.1000 and
7217.90.5000. Although the HTSUS subheadings are provided for
convenience and customs purposes, the Department's written description
of the merchandise subject to the order is dispositive.
Period of Review
The POR for which we are measuring subsidies is from January 1,
2009, through December 31, 2009.
Final Results of Review
As noted above, the Department received comments concerning the
Preliminary Results. We find that changes are warranted in these final
results. As a result, we have made revisions to our short-term
benchmark used to measure the benefit from the short-term export
financing program, as explained in our Decision Memorandum. Therefore,
in these final results, we find that HYSCO received a net subsidy of
0.46 percent ad valorem, which is a de minimis rate. See 19 CFR
351.106(c)(1).
Listed below are the programs we examined in the review and our
findings with respect to each of these programs. For a complete
analysis of these programs, see the Preliminary Results and the Post
Preliminary Analysis Memorandum.
I. Programs Determined to Confer Subsidies During the POR
A. Short-Term Export Financing
B. R&D Grants and Loans Under the Act on Special Measures for
the Promotion of Specialized Enterprises for Parts and Materials
C. Restriction of Special Taxation Act (RSTA) Article 26
II. Programs That Provided No Benefits During the POR
A. Research and Development Grants Under the Industrial
Development Act (IDA)
B. Research and Development Grants Under the Industrial
Technology Innovation Promotion Act (ITIPA)
C. R&D Grants Under the Act on the Promotion of the Development,
Use, and Diffusion of New and Renewable Energy
D. Reduction in Taxes for Operation in Regional and National
Industrial Complexes
E. Overseas Resource Development Program: Loan From Korea
Resources Corporation (KORES)
F. Overseas Resource Development Program: Loan From Korea
National Oil Corporation(KNOC)
III. Programs Found Not to Have Been Used During the POR
A. Reserve for Research and Manpower Development Fund Under RSTA
Article 9 (TERCL Article 8)
B. RSTA Article 11: Tax Credit for Investment in Equipment to
Development Technology and Manpower (TERCL Article 10)
C. Reserve for Export Loss Under TERCL Article 16
D. Reserve for Overseas Market Development Under TERCL Article
17
E. Reserve for Export Loss Under TERCL Article 22
F. Exemption of Corporation Tax on Dividend Income From Overseas
Resources Development Investment Under TERCL Article 24
G. Reserve for Investment (Special Cases of Tax for Balanced
Development Among Areas Under TERCL Articles 41-45)
H. Tax Credits for Specific Investments Under TERCL Article 71
I. Asset Revaluation Under Article 56(2) of the TERCL
J. RSTA Article 94: Equipment Investment to Promote Worker's
Welfare (TERCL Article 88)
K. Electricity Discounts Under the Requested Loan Adjustment
Program
L. Electricity Discounts Under the Emergency Load Reductions
Program
M. Export Industry Facility Loans and Specialty Facility Loans
N. Exemption of VAT on Imports of Anthracite Coal
O. Short-Term Trade Financing Under the Aggregate Credit Ceiling
Loan Program Administered by the Bank of Korea
P. Industrial Base Fund
Q. Excessive Duty Drawback
R. Private Capital Inducement Act Tax Credits for Temporary
Investments Under TERCL Article 27
S. Scrap Reserve Fund
T. Short-Term Document Acceptance (D/A) Financing Provided Under
KEXIM's Trade Rediscount Program
U. Special Depreciation of Assets on Foreign Exchange Earnings
V. Export Insurance Rates Provided by the Korean Export
Insurance Corporation
W. Loans From the National Agricultural Cooperation Federation
X. Tax Incentives From Highly Advanced Technology Businesses
Under the Foreign Investment and Foreign Capital Inducement Act
Y. Other Subsidies Related to Operations at Asan Bay: Provision
of Land and Exemption of Port Fees Under the Harbor Act
Z. D/A Loans Issued by the Korean Development Bank and Other
Government-Owned Banks Energy-Servings Facilities Investment Reserve
Funds Under TERCL Article 29
AA. R&D Grants Under the Promotion of Industrial Technology
Innovation Act
AB. Export Loans by Commercial Banks Under KEXIM's Trade Bill
Rediscounting Program
Assessment Rates/Cash Deposits
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15 days after the date of
publication of these final results of review to liquidate shipments of
subject merchandise by HYSCO entered, or withdrawn from warehouse, for
consumption on or after January 1, 2009, through December 31, 2009,
without regard to countervailing duties. We will also instruct CBP not
to collect cash deposits of estimated countervailing duties on
shipments of the subject merchandise by HYSCO entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
these final results of review.
For all non-reviewed companies, the Department has instructed CBP
to assess countervailing duties at the cash deposit rates in effect at
the time of entry, for entries between January 1, 2009, and December
31, 2009. The cash deposit rates for all companies not covered by this
review are not changed by the results of this review, and remain in
effect until further notice.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply
[[Page 13095]]
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: February 27, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-5188 Filed 3-2-12; 8:45 am]
BILLING CODE 3510-DS-P