Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 4385-4386 [2013-01179]

Download as PDF 4385 Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–580–836] Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2011–2012 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain cutto-length carbon-quality steel plate products (CTL plate) from the Republic of Korea (Korea). The period of review (POR) is February 1, 2011, through January 31, 2012. We preliminarily find that the subject merchandise has not been sold at less than normal value. DATES: Effective Date: January 22, 2013. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington DC 20230; telephone (202) 482–5760. AGENCY: tkelley on DSK3SPTVN1PROD with Scope of the Order The products covered by the antidumping duty order are certain CTL plate. Imports of CTL plate are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7208.40.30.30, 7208.40.30.60, 7208.51.00.30, 7208.51.00.45, 7208.51.00.60, 7208.52.00.00, 7208.53.00.00, 7208.90.00.00, 7210.70.30.00, 7210.90.90.00, 7211.13.00.00, 7211.14.00.30, 7211.14.00.45, 7211.90.00.00, 7212.40.10.00, 7212.40.50.00, 7212.50.00.00, 7225.40.30.50, 7225.40.70.00, 7225.50.60.00, 7225.99.00.90, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. The HTSUS subheadings are provided for convenience and customs purposes. The written description is dispositive. A full description of the scope of the order is contained in the memorandum from Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, ‘‘Preliminary Decision Memorandum for the Administrative Review of the Antidumping Duty Order on Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of VerDate Mar<15>2010 18:11 Jan 18, 2013 Jkt 229001 Korea’’ dated concurrently with this notice (‘‘Preliminary Decision Memorandum’’), which is hereby adopted by this notice. The Preliminary Decision Memorandum 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 to registered users at http:// iaaccess.trade.gov and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http:// www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Determination of No Reviewable Entries We received timely submission of letters from Daewoo International Corp. (Daewoo), Dongbu Steel Co., Ltd. (Dongbu), GS Global Corp. (GS Global), and Hyundai Steel Co. (Hyundai Steel) reporting to the Department that they had no exports, sales or entries of subject merchandise to the United States during the POR.1 Based on record evidence, we preliminarily determine that Daewoo, Dongbu, GS Global, and Hyundai Steel had no reviewable entries during the POR. Methodology The Department has conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Constructed export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. In accordance with section 773(b) of the Act, we disregarded certain sales made by Dongkuk Steel Mill Co., Ltd. (DSM) in the home market which were made at below-cost prices. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. Rates for Respondents Not Selected for Individual Examination Generally we have looked to section 735(c)(5) of the Act, which provides instructions for calculating the all1 See the letters from Daewoo, Dongbu, GS Global, and Hyundai Steel dated May 22, 2012, April 26, 2012, May 22, 2012, and April 24, 2012, respectively. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 others rate in an investigation, for guidance when calculating the rate for respondents not selected for individual review. Therefore, based on the facts available, and in accordance with the statute, we determine that a reasonable method for determining the weightedaverage dumping margins for the nonselected respondents in this review (i.e., Samsung C&T Corp. and TCC Steel Corp.) is to assign the rate calculated for DSM, which is the sole company selected for individual examination. For a full description of the methodology we used in calculating rates for respondents not selected for individual examination, see Preliminary Decision Memorandum. Preliminary Results of the Review As a result of this review, we preliminarily determine that the following weighted-average dumping margins exist for the respondents for the period February 1, 2011, through January 31, 2012. Manufacturer/Exporter Weighted-average dumping margin (percent) Dongkuk Steel Mill Co., Ltd. Samsung C&T Corp. ............ TCC Steel Corp. ................... 0.00 0.00 0.00 Disclosure and Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.2 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities.3 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, filed electronically via IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.4 Requests should contain: (1) The party’s name, address and telephone number; 2 See 19 CFR 351.309(d). 19 CFR 351.309(c)(2) and (d)(2). 4 See 19 CFR 351.310(c). 3 See E:\FR\FM\22JAN1.SGM 22JAN1 4386 Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department will issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. tkelley on DSK3SPTVN1PROD with Assessment Rates If DSM’s weighted-average dumping margin is above de minimis in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of antidumping duties calculated for the importer’s examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1).5 If DSM’s weighted-average dumping margin continues to be zero or de minimis in the final results of review, we will instruct U.S. Customs and Border Protection (CBP) not to assess duties on any of its entries in accordance with the Final Modification for Reviews, i.e., ‘‘where the weighted-average margin of dumping for the exporter is determined to be zero or de minimis, no antidumping duties will be assessed.’’ 6 The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the POR produced by DSM, which is the company selected for individual examination in this review, for which it did not know its 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). For the companies which were not selected for individual examination, Samsung C&T Corp. and TCC Steel Corp., we will instruct CBP to apply the rates listed above to all entries of subject merchandise produced and/or exported by those firms. 5 In these preliminary results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification for Reviews). 6 See Final Modification for Reviews, 77 FR at 8102. VerDate Mar<15>2010 18:11 Jan 18, 2013 Jkt 229001 We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. Dated: January 14, 2013. Paul Piquado, Assistant Secretary for Import Administration. Cash Deposit Requirements Appendix The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of CTL plate from Korea entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for companies subject to this review will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 0.98 percent,7 the all-others rate established in the less-than-fair-value investigation, adjusted for the export-subsidy rate in the companion countervailing duty investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. List of Topics Discussed in the Preliminary Decision Memorandum Scope of the Order Preliminary Determination of No Reviewable Entries Rates for Respondents Not Selected for Individual Examination Comparisons to Normal Value Product Comparisons Date of Sale Level of Trade/CEP Offset Constructed Export Price Normal Value A. Overrun Sales B. Selection of Comparison Market C. Affiliated Party Transactions and Arm’s Length Test D. Cost of Production 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test E. Constructed Value F. Calculation of Normal Value Based on Comparison Market Prices Currency Conversion Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. The Department is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. 7 See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review, 77 FR 21527, 21529 (April 10, 2012). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 [FR Doc. 2013–01179 Filed 1–18–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–898] Chlorinated Isocyanurates From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2010–2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 16, 2012, the Department of Commerce (the Department) published the preliminary results of an administrative review of the antidumping duty order on chlorinated isocyanurates (chlorinated isos) from the People’s Republic of China (PRC).1 The period of review (POR) for this administrative review was June 1, 2010, through May 31, 2011. We invited interested parties to comment on our Preliminary Results. Based on our analysis of the comments received, we have made changes to the margin calculations. Therefore, the final results differ from the preliminary results. The final dumping margins for this review AGENCY: 1 See Chlorinated Isocyanurates From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 77 FR 41746 (July 16, 2012) (Preliminary Results). E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Pages 4385-4386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01179]



[[Page 4385]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-836]


Certain Cut-to-Length Carbon-Quality Steel Plate Products From 
the Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2011-2012

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain cut-to-
length carbon-quality steel plate products (CTL plate) from the 
Republic of Korea (Korea). The period of review (POR) is February 1, 
2011, through January 31, 2012. We preliminarily find that the subject 
merchandise has not been sold at less than normal value.

DATES: Effective Date: January 22, 2013.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington DC 20230; telephone (202) 482-5760.

Scope of the Order

    The products covered by the antidumping duty order are certain CTL 
plate. Imports of CTL plate are currently classified in the Harmonized 
Tariff Schedule of the United States (HTSUS) under subheadings 
7208.40.30.30, 7208.40.30.60, 7208.51.00.30, 7208.51.00.45, 
7208.51.00.60, 7208.52.00.00, 7208.53.00.00, 7208.90.00.00, 
7210.70.30.00, 7210.90.90.00, 7211.13.00.00, 7211.14.00.30, 
7211.14.00.45, 7211.90.00.00, 7212.40.10.00, 7212.40.50.00, 
7212.50.00.00, 7225.40.30.50, 7225.40.70.00, 7225.50.60.00, 
7225.99.00.90, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and 
7226.99.00.00. The HTSUS subheadings are provided for convenience and 
customs purposes. The written description is dispositive. A full 
description of the scope of the order is contained in the memorandum 
from Gary Taverman, Senior Advisor for Antidumping and Countervailing 
Duty Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, ``Preliminary Decision Memorandum for the 
Administrative Review of the Antidumping Duty Order on Certain Cut-to-
Length Carbon-Quality Steel Plate Products from the Republic of Korea'' 
dated concurrently with this notice (``Preliminary Decision 
Memorandum''), which is hereby adopted by this notice.
    The Preliminary Decision Memorandum 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 to registered users at 
http://iaaccess.trade.gov and is available to all parties in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Determination of No Reviewable Entries

    We received timely submission of letters from Daewoo International 
Corp. (Daewoo), Dongbu Steel Co., Ltd. (Dongbu), GS Global Corp. (GS 
Global), and Hyundai Steel Co. (Hyundai Steel) reporting to the 
Department that they had no exports, sales or entries of subject 
merchandise to the United States during the POR.\1\ Based on record 
evidence, we preliminarily determine that Daewoo, Dongbu, GS Global, 
and Hyundai Steel had no reviewable entries during the POR.
---------------------------------------------------------------------------

    \1\ See the letters from Daewoo, Dongbu, GS Global, and Hyundai 
Steel dated May 22, 2012, April 26, 2012, May 22, 2012, and April 
24, 2012, respectively.
---------------------------------------------------------------------------

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price is calculated in accordance with section 772 
of the Act. Normal value is calculated in accordance with section 773 
of the Act. In accordance with section 773(b) of the Act, we 
disregarded certain sales made by Dongkuk Steel Mill Co., Ltd. (DSM) in 
the home market which were made at below-cost prices.
    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum.

Rates for Respondents Not Selected for Individual Examination

    Generally we have looked to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the rate for respondents 
not selected for individual review.
    Therefore, based on the facts available, and in accordance with the 
statute, we determine that a reasonable method for determining the 
weighted-average dumping margins for the non-selected respondents in 
this review (i.e., Samsung C&T Corp. and TCC Steel Corp.) is to assign 
the rate calculated for DSM, which is the sole company selected for 
individual examination.
    For a full description of the methodology we used in calculating 
rates for respondents not selected for individual examination, see 
Preliminary Decision Memorandum.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the respondents 
for the period February 1, 2011, through January 31, 2012.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/Exporter                   dumping margin
                                                             (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd.............................            0.00
Samsung C&T Corp........................................            0.00
TCC Steel Corp..........................................            0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\2\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue, (2) a brief summary of the argument, and (3) a table of 
authorities.\3\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.309(d).
    \3\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time 
within 30 days after the date of publication of this notice.\4\ 
Requests should contain: (1) The party's name, address and telephone 
number;

[[Page 4386]]

(2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. The Department will issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rates

    If DSM's weighted-average dumping margin is above de minimis in the 
final results of this review, we will calculate an importer-specific 
assessment rate on the basis of the ratio of the total amount of 
antidumping duties calculated for the importer's examined sales and the 
total entered value of the sales in accordance with 19 CFR 
351.212(b)(1).\5\ If DSM's weighted-average dumping margin continues to 
be zero or de minimis in the final results of review, we will instruct 
U.S. Customs and Border Protection (CBP) not to assess duties on any of 
its entries in accordance with the Final Modification for Reviews, 
i.e., ``where the weighted-average margin of dumping for the exporter 
is determined to be zero or de minimis, no antidumping duties will be 
assessed.'' \6\
---------------------------------------------------------------------------

    \5\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \6\ See Final Modification for Reviews, 77 FR at 8102.
---------------------------------------------------------------------------

    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by DSM, which is the company 
selected for individual examination in this review, for which it did 
not know its 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).
    For the companies which were not selected for individual 
examination, Samsung C&T Corp. and TCC Steel Corp., we will instruct 
CBP to apply the rates listed above to all entries of subject 
merchandise produced and/or exported by those firms.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of CTL plate from Korea entered, or withdrawn from 
warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for 
companies subject to this review will be the rate established in the 
final results of this administrative review; (2) for merchandise 
exported by manufacturers or exporters not covered in this review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published for the most 
recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original investigation but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 0.98 percent,\7\ the all-others rate established in the 
less-than-fair-value investigation, adjusted for the export-subsidy 
rate in the companion countervailing duty investigation. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \7\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate 
Products From the Republic of Korea: Final Results of Antidumping 
Duty Administrative Review, 77 FR 21527, 21529 (April 10, 2012).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 14, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Scope of the Order
Preliminary Determination of No Reviewable Entries
Rates for Respondents Not Selected for Individual Examination
Comparisons to Normal Value
Product Comparisons
Date of Sale
Level of Trade/CEP Offset
Constructed Export Price
Normal Value
    A. Overrun Sales
    B. Selection of Comparison Market
    C. Affiliated Party Transactions and Arm's Length Test
    D. Cost of Production
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    E. Constructed Value
    F. Calculation of Normal Value Based on Comparison Market Prices
Currency Conversion

[FR Doc. 2013-01179 Filed 1-18-13; 8:45 am]
BILLING CODE 3510-DS-P