Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea; Final Results of Antidumping Duty Administrative Review; 2010 to 2011, 16247-16250 [2013-05934]
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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Notices
The application to reorganize FTZ 72
to expand the service area under the
ASF is approved, subject to the FTZ Act
and the Board’s regulations, including
Section 400.13, and to the Board’s
standard 2,000-acre activation limit for
the zone.
Signed at Washington, DC, this 5th day of
March 2013.
Paul Piquado,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–05789 Filed 3–13–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–86–2012]
Foreign-Trade Zone 38—Spartanburg
County, South Carolina; Authorization
of Production Activity; ZF
Transmissions Gray Court, LLC
(Automatic Transmissions); Gray
Court, South Carolina
On November 8, 2012, the South
Carolina State Ports Authority, grantee
of FTZ 38, submitted a notification of
proposed production activity to the
Foreign-Trade Zones (FTZ) Board on
behalf of ZF Transmissions Gray Court,
LLC, within FTZ 38—Site 20, in Gray
Court, South Carolina.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (77 FR 70992–70993,
11–28–2012). The FTZ Board has
determined that no further review of the
activity is warranted at this time. The
production activity described in the
notification is authorized, subject to the
FTZ Act and the Board’s regulations,
including Section 400.14.
Dated: March 8, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–05924 Filed 3–13–13; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
International Trade Administration
[A–580–816]
[Order No. 1889]
Approval for Export-Only
Manufacturing Authority, ForeignTrade Zone 203, SGL Automotive
Carbon Fibers, LLC, (Carbon Fiber
Manufacturing), Moses Lake,
Washington
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the, grantee of ForeignTrade Zone 203, has requested exportonly manufacturing authority on behalf
of SGL Automotive Carbon Fibers, LLC,
within FTZ 203-Site 3, in Moses Lake,
Washington (FTZ Docket 4–2011, filed
January 4, 2011);
Whereas, notice inviting public
comment has been given in the Federal
Register (76 FR 1599, 1/11/2011) and
the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
orders:
The application for export-only
manufacturing authority under zone
procedures within FTZ 203-Site 3, on
behalf of SGL Automotive Carbon
Fibers, LLC, as described in the
application and Federal Register notice,
is approved, subject to the FTZ Act and
the Board’s regulations, including
Section 400.13.
Signed at Washington, DC, this 5th day of
March 2013.
Paul Piquado,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–05788 Filed 3–13–13; 8:45 am]
BILLING CODE P
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Corrosion-Resistant Carbon Steel Flat
Products From the Republic of Korea;
Final Results of Antidumping Duty
Administrative Review; 2010 to 2011
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On September 6, 2012, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on
corrosion-resistant carbon steel flat
products (CORE) from the Republic of
Korea (Korea).1 This review covers
seven manufacturers and/or exporters
(collectively, the respondents) of the
subject merchandise: Dongbu Steel Co.,
Ltd. (Dongbu), Dongkuk Industries Co.,
Ltd. (Dongkuk), Haewon MSC Co. Ltd.
(Haewon), Hyundai HYSCO (HYSCO),
LG Chem., Ltd. (LG Chem), LG Hausys,
Ltd. (Hausys), and Union Steel
Manufacturing Co., Ltd. (Union). The
period of review (POR) is August 1,
2010, through July 31, 2011. Based on
our analysis of the comments received,
we have made certain changes in the
margin calculation for Dongbu and
HYSCO. The final results, consequently,
differ from the Preliminary Results. The
final weighted-average dumping
margins for the reviewed firms are listed
below in the section entitled ‘‘Final
Results of Review.’’
DATES: Effective Date: March 14, 2013.
FOR FURTHER INFORMATION CONTACT:
Cindy Robinsons or Christopher Hargett,
at (202) 482–3797 or (202) 482–4161,
respectively; AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 6, 2012, the
Department published the Preliminary
Results. In the Preliminary Results, the
Department did not address the targeted
dumping allegation submitted by the
petitioner, United States Steel
Corporation (U.S. Steel), on May 8,
2012, and May 24, 2012.2 We invited
1 See Certain Corrosion-Resistant Carbon Steel
Flat Products from the Republic of Korea:
Preliminary Results of the 18th Antidumping Duty
Administrative Review, and Partial Rescission, 77
FR 54891 (September 6, 2012) (Preliminary Results).
2 See id., 77 FR at 54893.
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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Notices
interested parties to comment on the
Preliminary Results.3 On October 26,
2012, Dongbu, Hausys, Union, and U.S.
Steel submitted case briefs on the
Department’s Preliminary Results.4 On
November 6, 2012, Dongbu, HYSCO and
U.S. Steel submitted rebuttal briefs on
the Department’s Preliminary Results.5
On December 26, 2012, the
Department issued a Post-Preliminary
Analysis.6 At that time, we invited
parties to comment on the Department’s
analysis in addressing the petitioner’s
targeted dumping allegation in this
review.7 On January 7, 2013, HYSCO,
Dongbu, domestic producer Nucor
Corporation (Nucor), and U.S. Steel
submitted comments on the
Department’s Post-Preliminary
Analysis.8 On January 17, 2013,
HYSCO, Nucor and U.S. Steel submitted
rebuttal comments to the Department’s
Post-Preliminary Analysis.9
Period of Review
The POR covered by this review is
August 1, 2010, through July 31, 2011.
Scope of the Order
The order covers flat-rolled carbon
steel products, of rectangular shape,
either clad, plated, or coated with
corrosion-resistant metals such as zinc,
aluminum, or zinc-, aluminum-, nickelor iron-based alloys, whether or not
corrugated or painted, varnished or
coated with plastics or other
nonmetallic substances in addition to
the metallic coating, in coils (whether or
not in successively superimposed
layers) and of a width of 0.5 inch or
greater, or in straight lengths which, if
of a thickness less than 4.75 millimeters,
are of a width of 0.5 inch or greater and
which measures at least 10 times the
thickness or if of a thickness of 4.75
millimeters or more are of a width
which exceeds 150 millimeters and
measures at least twice the thickness, as
currently classifiable in the Harmonized
Tariff Schedule of the United States
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3 See
id., 77 FR at 54896.
4 See Dongbu’s, Hausys,’ Union’s and U.S. Steel’s
comments on the Department’s Preliminary Results,
all dated October 26, 2012.
5 See Dongbu’s, HYSCO’s and U.S. Steel’s rebuttal
comments on the Department’s Preliminary Results,
all dated November 6, 2012.
6 See the Department’s ‘‘2010/2011 Review of the
Antidumping Duty Orders on Certain CorrosionResistant Carbon Steel Flat Products from the
Republic of Korea: Post-Preliminary Analysis
Memorandum,’’ dated December 26, 2012 (‘‘PostPreliminary Analysis’’).
7 See Post-Preliminary Analysis at 4 and 5.
8 See HYSCO’s, Dongbu’s, Nucor’s and U.S.
Steel’s comments on the Department’s PostPreliminary Analysis, all dated January 7, 2013.
9 See HYSCO’s, Nucor’s and U.S. Steel’s rebuttal
comments on the Department’s Post-Preliminary
Analysis, all dated January 17, 2013.
VerDate Mar<15>2010
16:51 Mar 13, 2013
Jkt 229001
(HTSUS) under item numbers
7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030,
7210.49.0090, 7210.49.0091,
7210.49.0095, 7210.61.0000,
7210.69.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090,
7210.90.1000, 7210.90.6000,
7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000,
7212.50.0000, 7212.60.0000,
7215.90.1000, 7215.90.3000,
7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560,
7217.90.1000, 7217.90.5030,
7217.90.5060, and 7217.90.5090.
Included in the order are flat-rolled
products of non-rectangular crosssection where such cross-section is
achieved subsequent to the rolling
process including products which have
been beveled or rounded at the edges
(i.e., products which have been ‘‘worked
after rolling’’). Excluded from the order
are flat-rolled steel products either
plated or coated with tin, lead,
chromium, chromium oxides, both tin
and lead (terne plate), or both chromium
and chromium oxides (tin-free steel),
whether or not painted, varnished or
coated with plastics or other
nonmetallic substances in addition to
the metallic coating. Also excluded from
the order are clad products in straight
lengths of 0.1875 inch or more in
composite thickness and of a width
which exceeds 150 millimeters and
measures at least twice the thickness.
Also excluded from the order are certain
clad stainless flat-rolled products,
which are three-layered corrosionresistant carbon steel flat-rolled
products less than 4.75 millimeters in
composite thickness that consist of a
carbon steel flat-rolled product clad on
both sides with stainless steel in a 20%–
60%–20% ratio.
These HTSUS item numbers are
provided for convenience and customs
purposes. The written descriptions
remain dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties, as well as the
comments and rebuttal comments
related to the Department’s PostPreliminary Analysis, to this proceeding
and to which we have responded are
listed in Appendix I to this notice and
are addressed in the Issues and Decision
Memorandum, dated concurrently with,
and hereby adopted by, this notice.10
10 See Memorandum from Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for
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The Issues and Decision Memorandum
is a public document and is available
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaacess.trade.gov and is
available to all parties in the Central
Records Unit, located in room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the internet at https://www.trade.gov/
ia/frn/. The signed Issues and
Decision Memorandum and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes From the Preliminary Results
and Post-Preliminary Results
Based on our analysis of the
comments received from interested
parties, we have made the following
three changes in calculating Dongbu’s
weighted-average dumping margin for
the final results: (1) We have corrected
the allegedly targeted customer code
which was inadvertently miscoded in
the Post-Preliminary Analysis’ Margin
Program, and the correct customer code
is inputted in the final Margin Program;
(2) we have modified the beginning and
ending dates, as well as the window
period dates, in both the comparison
market and margin programs to ensure
that all entries in the United States, and
the appropriate sales in the home
market, are taken into consideration for
calculating the final margin; (3) we have
used GRSUPR1H as the comparison
market gross price variable in the
Department’s Comparison Market
Program for the final results.11
We have also allocated HYSCO’s
reported home market warranty
expenses over all sales.12
Import Administration, entitled ‘‘CorrosionResistant Carbon Steel Flat Products from the
Republic of Korea: Issues and Decision
Memorandum for the Final Results,’’ (Issues and
Decision Memorandum) dated concurrently with
this notice.
11 See Issues and Decision Memorandum at
Comments 3, 5, and 6. For further details on how
the changes were applied in the margin calculation,
see Memorandum to the File, from Cindy Robinson,
Sr. International Trade Analyst, through Eric
Greynolds, Program Manager, entitled ‘‘Calculation
Memorandum for Dongbu Steel’’ dated March 7,
2013.
12 See Issues and Decision Memorandum at
Comment 8; Memorandum to the File, from
Christopher Hargett, Sr. International Trade
Analyst, through Eric Greynolds, Program Manager,
‘‘Final Results in the 18th Administrative Review
on Corrosion-Resistant Carbon Steel Flat Products
from Korea: Calculation Memorandum for Hyundai
HYSCO’’ dated March 7, 2013.
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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Notices
Final Results of Review
As a result of this review, we
determine that the following weighted-
16249
average dumping margins exist for the
period August 1, 2010, through July 31,
2011:
Weighted-average
dumping margin
(percent)
Manufacturer/Exporter
Dongbu ..........................................................................................................................................................................................
HYSCO ..........................................................................................................................................................................................
1.26
0.00
Review-Specific Average Rate Applicable to Non-Examined Respondents: 13 Dongkuk, Haewon, Hausys, LG Chem,
and Union ............................................................................................................................................................................
1.26
Disclosure
We will disclose calculation
memoranda used in our analysis to
parties to these proceedings within five
days of the date of publication of this
notice.14
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Assessment
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.212(b), the Department
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
For assessment purposes, 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 Proceedings: Final
Modification, 77 FR 8101 (February 14,
2012). For any individually examined
respondents whose weighted-average
dumping margin is above de minimis
(i.e., 0.5 percent), we calculated
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the importer’s examined sales to the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1). We calculated such rates
based on the ratio of the total amount of
dumping calculated for the examined
sales to each importer, to the total
entered value of these same sales for
which entered value was reported. If an
importer-specific assessment rate is zero
13 This rate is a weighted-average percentage
margin (based on the reviewed company with an
affirmative dumping margin) for the period August
1, 2009, through July 31, 2010, and does not include
zero and de minimis rates or any rates based solely
upon facts available.
14 See 19 CFR 351.224(b).
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16:51 Mar 13, 2013
Jkt 229001
or below de minimis,15 or exporter has
a weighted-average dumping margin
that is zero or below de minimis, the
Department will instruct CBP to assess
that importer’s entries of subject
merchandise without regard to
antidumping duties.
For respondents who were not
individually examined, the ad valorem
assessment rate for their associated
entries will be equal to the weightedaverage dumping margin included in
the
Final Results of Review
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.16 This clarification will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which the reviewed companies did
not know their merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the
country-specific all-others rate
established in the less-than-fair-value
(LTFV) investigation if there is no rate
for the intermediate company(ies)
involved in the transaction.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of this notice of final results
of the administrative review for all
shipments of subject merchandise
entered or withdrawn from warehouse,
for consumption, on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For the
companies subject to this review, the
cash deposit rate will be equal to the
respective weighted-average dumping
margin established in the final results of
this review, as listed above; (2) for
previously reviewed or investigated
companies not listed above that have
their own rates, the cash deposit rate
15 See
19 CFR 351.106(c)(2).
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
16 See
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will continue to be the companyspecific rate published for the most
recently completed segment of this
proceeding in which that manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the LTFV
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the manufacturer of the subject
merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous
completed segment conducted under
this proceeding by the Department, the
cash deposit rate will be 17.70 percent,
the all-others rate, established in the
LTFV investigation.17 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent increase in antidumping
duties by the amount of antidumping
and/or countervailing duties
reimbursed.
Notification to Interested Parties
This notice serves as the only
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
17 See Antidumping Duty Orders on Certain ColdRolled Carbon Steel Flat Products and Certain
Corrosion-Resistant Carbon Steel Flat Products from
Korea, 58 FR 44159 (August 19, 1993).
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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Notices
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results of review in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: March 7, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I—Issues in Issues and
Decision Memorandum
Amendment
List of Comments
General Issues
Comment 1: Targeted Dumping
A. Application of Alternative Methodology
and Targeted Dumping
B. Withdrawal of Targeted Dumping
Regulation
C. Department’s Targeted Dumping Analysis
D. Application of the Nails Test
E. Application of Zeroing
Company Specific Issues
I. DONGBU
Comment 2: Post-preliminary Analysis
Regarding Targeted Time Period
Comment 3: Targeted Customer Code
Comment 4: Exempted Harbor Usage Fees
Comment 5: Date of Sale
Comment 6: Comparison Market Gross Unit
Price Variable
II. HYSCO
Comment 7: Date of Sale
Comment 8: Warranty Expenses
Comment 9: Reclassification of Merchandise
Comment 10: Classification of Non-Temper
Merchandise
III. UNION
Comment 11: Individual Review
[FR Doc. 2013–05934 Filed 3–13–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–987]
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Hardwood and Decorative Plywood
From the People’s Republic of China:
Amended Preliminary Countervailing
Duty Determination; and Alignment of
Final Determination With Final
Antidumping Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
AGENCY:
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16:51 Mar 13, 2013
Jkt 229001
producers and exporters of hardwood
and decorative plywood from the
People’s Republic of China (PRC).
DATES: Effective Date: March 14, 2013.
FOR FURTHER INFORMATION CONTACT:
David Lindgren, Toni Page, or Lingjun
Wang, AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3870, (202) 482–
1398, and (202) 482–2316, respectively.
SUPPLEMENTARY INFORMATION:
We released the preliminary
determination to the parties on
Wednesday, February 27, 2013.
However, that version inadvertently
included a typographical error in the
‘‘Scope of the Investigation’’ section.
This amended preliminary
determination corrects that error. The
error was discovered prior to
publication in the Federal Register,
consequently this amended notice is
being published in its place.
Alignment of Final Countervailing Duty
Determination With Final Antidumping
Duty Determination
In addition to the countervailing duty
(CVD) investigation on hardwood and
decorative plywood, the Department
also initiated an antidumping duty (AD)
investigation of the same merchandise
from the PRC.1 The CVD and AD
investigations have the same scope with
regard to the merchandise covered.
On February 21, 2013, Petitioners
submitted a letter, in accordance with
section 705(a)(1) of the Tariff Act of
1930, as amended (the Act), requesting
alignment of the final CVD
determination with the final AD
determination of hardwood and
decorative plywood from the PRC.2
Therefore, in accordance with section
705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final
CVD determination with the final AD
determination. Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than July
15, 2013, unless postponed.
1 See Hardwood and Decorative Plywood From
the People’s Republic of China: Initiation of
Antidumping Duty Investigation, 77 FR 65172
(October 25, 2012).
2 See Letter from Petitioners to the Department
‘‘Countervailing Duty Investigation of Hardwood
and Decorative Plywood from the People’s Republic
of China—Request to Align Final Determination
with Antidumping Investigation,’’ (February 21,
2013).
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Scope of the Investigation
The merchandise subject to this
investigation is hardwood and
decorative plywood. Hardwood and
decorative plywood is a flat panel
composed of an assembly of two or
more layers or plies of wood veneers in
combination with a core. The veneers,
along with the core, are glued or
otherwise bonded together to form a
finished product. A hardwood and
decorative plywood panel must have
face and back veneers which are
composed of one or more species of
hardwoods, softwoods, or bamboo.
Hardwood and decorative plywood may
include products that meet the
American National Standard for
Hardwood and Decorative Plywood,
ANSI/HPVA HP–1–2009.
All hardwood and decorative
plywood is included within the scope of
this investigation, without regard to
dimension (overall thickness, thickness
of face veneer, thickness of back veneer,
thickness of core, thickness of inner
veneers, width, or length). However, the
most common panel sizes of hardwood
and decorative plywood are 1219 x 1829
millimeters (mm) (48 x 72 inches), 1219
x 2438 mm (48 x 96 inches), and 1219
x 3048 mm (48 x 120 inches).
A ‘‘veneer’’ is a thin slice of wood
which is rotary cut, sliced or sawed
from a log, bolt or flitch. The face veneer
is the exposed veneer of a hardwood
and decorative plywood product which
is of a superior grade than that of the
back veneer, which is the other exposed
veneer of the product (i.e., as opposed
to the inner veneers). When the two
exposed veneers are of equal grade,
either one can be considered the face or
back veneer. For products that are
entirely composed of veneer, such as
Veneer Core Platforms, the exposed
veneers are to be considered the face
and back veneers, in accordance with
the descriptions above.
The core of hardwood and decorative
plywood consists of the layer or layers
of one or more material(s) that are
situated between the face and back
veneers. The core may be composed of
a range of materials, including but not
limited to veneers, particleboard, and
medium-density fiberboard (MDF).
All hardwood and decorative
plywood is included within the scope of
this investigation regardless of whether
or not the face and/or back veneers are
surface coated, unless the surface
coating obscures the grain, texture or
markings of the wood. Examples of
surface coatings which may not obscure
the grain, texture or markings of the
wood include, but are not limited to,
ultra-violet light cured polyurethanes,
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]]>Agencies
[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Notices]
[Pages 16247-16250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05934]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-816]
Corrosion-Resistant Carbon Steel Flat Products From the Republic
of Korea; Final Results of Antidumping Duty Administrative Review; 2010
to 2011
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On September 6, 2012, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on corrosion-resistant carbon
steel flat products (CORE) from the Republic of Korea (Korea).\1\ This
review covers seven manufacturers and/or exporters (collectively, the
respondents) of the subject merchandise: Dongbu Steel Co., Ltd.
(Dongbu), Dongkuk Industries Co., Ltd. (Dongkuk), Haewon MSC Co. Ltd.
(Haewon), Hyundai HYSCO (HYSCO), LG Chem., Ltd. (LG Chem), LG Hausys,
Ltd. (Hausys), and Union Steel Manufacturing Co., Ltd. (Union). The
period of review (POR) is August 1, 2010, through July 31, 2011. Based
on our analysis of the comments received, we have made certain changes
in the margin calculation for Dongbu and HYSCO. The final results,
consequently, differ from the Preliminary Results. The final weighted-
average dumping margins for the reviewed firms are listed below in the
section entitled ``Final Results of Review.''
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\1\ See Certain Corrosion-Resistant Carbon Steel Flat Products
from the Republic of Korea: Preliminary Results of the 18th
Antidumping Duty Administrative Review, and Partial Rescission, 77
FR 54891 (September 6, 2012) (Preliminary Results).
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DATES: Effective Date: March 14, 2013.
FOR FURTHER INFORMATION CONTACT: Cindy Robinsons or Christopher
Hargett, at (202) 482-3797 or (202) 482-4161, respectively; AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 6, 2012, the Department published the Preliminary
Results. In the Preliminary Results, the Department did not address the
targeted dumping allegation submitted by the petitioner, United States
Steel Corporation (U.S. Steel), on May 8, 2012, and May 24, 2012.\2\ We
invited
[[Page 16248]]
interested parties to comment on the Preliminary Results.\3\ On October
26, 2012, Dongbu, Hausys, Union, and U.S. Steel submitted case briefs
on the Department's Preliminary Results.\4\ On November 6, 2012,
Dongbu, HYSCO and U.S. Steel submitted rebuttal briefs on the
Department's Preliminary Results.\5\
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\2\ See id., 77 FR at 54893.
\3\ See id., 77 FR at 54896.
\4\ See Dongbu's, Hausys,' Union's and U.S. Steel's comments on
the Department's Preliminary Results, all dated October 26, 2012.
\5\ See Dongbu's, HYSCO's and U.S. Steel's rebuttal comments on
the Department's Preliminary Results, all dated November 6, 2012.
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On December 26, 2012, the Department issued a Post-Preliminary
Analysis.\6\ At that time, we invited parties to comment on the
Department's analysis in addressing the petitioner's targeted dumping
allegation in this review.\7\ On January 7, 2013, HYSCO, Dongbu,
domestic producer Nucor Corporation (Nucor), and U.S. Steel submitted
comments on the Department's Post-Preliminary Analysis.\8\ On January
17, 2013, HYSCO, Nucor and U.S. Steel submitted rebuttal comments to
the Department's Post-Preliminary Analysis.\9\
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\6\ See the Department's ``2010/2011 Review of the Antidumping
Duty Orders on Certain Corrosion-Resistant Carbon Steel Flat
Products from the Republic of Korea: Post-Preliminary Analysis
Memorandum,'' dated December 26, 2012 (``Post-Preliminary
Analysis'').
\7\ See Post-Preliminary Analysis at 4 and 5.
\8\ See HYSCO's, Dongbu's, Nucor's and U.S. Steel's comments on
the Department's Post-Preliminary Analysis, all dated January 7,
2013.
\9\ See HYSCO's, Nucor's and U.S. Steel's rebuttal comments on
the Department's Post-Preliminary Analysis, all dated January 17,
2013.
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Period of Review
The POR covered by this review is August 1, 2010, through July 31,
2011.
Scope of the Order
The order covers flat-rolled carbon steel products, of rectangular
shape, either clad, plated, or coated with corrosion-resistant metals
such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based
alloys, whether or not corrugated or painted, varnished or coated with
plastics or other nonmetallic substances in addition to the metallic
coating, in coils (whether or not in successively superimposed layers)
and of a width of 0.5 inch or greater, or in straight lengths which, if
of a thickness less than 4.75 millimeters, are of a width of 0.5 inch
or greater and which measures at least 10 times the thickness or if of
a thickness of 4.75 millimeters or more are of a width which exceeds
150 millimeters and measures at least twice the thickness, as currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers 7210.30.0030, 7210.30.0060, 7210.41.0000,
7210.49.0030, 7210.49.0090, 7210.49.0091, 7210.49.0095, 7210.61.0000,
7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000,
7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7212.60.0000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060,
and 7217.90.5090. Included in the order are flat-rolled products of
non-rectangular cross-section where such cross-section is achieved
subsequent to the rolling process including products which have been
beveled or rounded at the edges (i.e., products which have been
``worked after rolling''). Excluded from the order are flat-rolled
steel products either plated or coated with tin, lead, chromium,
chromium oxides, both tin and lead (terne plate), or both chromium and
chromium oxides (tin-free steel), whether or not painted, varnished or
coated with plastics or other nonmetallic substances in addition to the
metallic coating. Also excluded from the order are clad products in
straight lengths of 0.1875 inch or more in composite thickness and of a
width which exceeds 150 millimeters and measures at least twice the
thickness. Also excluded from the order are certain clad stainless
flat-rolled products, which are three-layered corrosion-resistant
carbon steel flat-rolled products less than 4.75 millimeters in
composite thickness that consist of a carbon steel flat-rolled product
clad on both sides with stainless steel in a 20%-60%-20% ratio.
These HTSUS item numbers are provided for convenience and customs
purposes. The written descriptions remain dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties, as
well as the comments and rebuttal comments related to the Department's
Post-Preliminary Analysis, to this proceeding and to which we have
responded are listed in Appendix I to this notice and are addressed in
the Issues and Decision Memorandum, dated concurrently with, and hereby
adopted by, this notice.\10\ The Issues and Decision Memorandum is a
public document and is available electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at https://iaacess.trade.gov and is available to all
parties in the Central Records Unit, located in room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the internet
at https://www.trade.gov/ia/frn/. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
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\10\ See Memorandum from Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, entitled ``Corrosion-
Resistant Carbon Steel Flat Products from the Republic of Korea:
Issues and Decision Memorandum for the Final Results,'' (Issues and
Decision Memorandum) dated concurrently with this notice.
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Changes From the Preliminary Results and Post-Preliminary Results
Based on our analysis of the comments received from interested
parties, we have made the following three changes in calculating
Dongbu's weighted-average dumping margin for the final results: (1) We
have corrected the allegedly targeted customer code which was
inadvertently miscoded in the Post-Preliminary Analysis' Margin
Program, and the correct customer code is inputted in the final Margin
Program; (2) we have modified the beginning and ending dates, as well
as the window period dates, in both the comparison market and margin
programs to ensure that all entries in the United States, and the
appropriate sales in the home market, are taken into consideration for
calculating the final margin; (3) we have used GRSUPR1H as the
comparison market gross price variable in the Department's Comparison
Market Program for the final results.\11\
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\11\ See Issues and Decision Memorandum at Comments 3, 5, and 6.
For further details on how the changes were applied in the margin
calculation, see Memorandum to the File, from Cindy Robinson, Sr.
International Trade Analyst, through Eric Greynolds, Program
Manager, entitled ``Calculation Memorandum for Dongbu Steel'' dated
March 7, 2013.
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We have also allocated HYSCO's reported home market warranty
expenses over all sales.\12\
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\12\ See Issues and Decision Memorandum at Comment 8; Memorandum
to the File, from Christopher Hargett, Sr. International Trade
Analyst, through Eric Greynolds, Program Manager, ``Final Results in
the 18th Administrative Review on Corrosion-Resistant Carbon Steel
Flat Products from Korea: Calculation Memorandum for Hyundai HYSCO''
dated March 7, 2013.
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[[Page 16249]]
Final Results of Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the period August 1, 2010,
through July 31, 2011:
------------------------------------------------------------------------
Weighted-average
Manufacturer/Exporter dumping margin
(percent)
------------------------------------------------------------------------
Dongbu............................................... 1.26
HYSCO................................................ 0.00
------------------
Review-Specific Average Rate Applicable to Non- 1.26
Examined Respondents: \13\ Dongkuk, Haewon,
Hausys, LG Chem, and Union......................
------------------------------------------------------------------------
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\13\ This rate is a weighted-average percentage margin (based on
the reviewed company with an affirmative dumping margin) for the
period August 1, 2009, through July 31, 2010, and does not include
zero and de minimis rates or any rates based solely upon facts
available.
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Disclosure
We will disclose calculation memoranda used in our analysis to
parties to these proceedings within five days of the date of
publication of this notice.\14\
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\14\ See 19 CFR 351.224(b).
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Assessment
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), the Department will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of these final results of review.
For assessment purposes, 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 Proceedings: Final Modification, 77 FR 8101 (February 14,
2012). For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.5 percent), we calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of dumping calculated for the importer's examined
sales to the total entered value of those same sales in accordance with
19 CFR 351.212(b)(1). We calculated such rates based on the ratio of
the total amount of dumping calculated for the examined sales to each
importer, to the total entered value of these same sales for which
entered value was reported. If an importer-specific assessment rate is
zero or below de minimis,\15\ or exporter has a weighted-average
dumping margin that is zero or below de minimis, the Department will
instruct CBP to assess that importer's entries of subject merchandise
without regard to antidumping duties.
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\15\ See 19 CFR 351.106(c)(2).
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For respondents who were not individually examined, the ad valorem
assessment rate for their associated entries will be equal to the
weighted-average dumping margin included in the
Final Results of Review
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\16\ This clarification will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
their merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
country-specific all-others rate established in the less-than-fair-
value (LTFV) investigation if there is no rate for the intermediate
company(ies) involved in the transaction.
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\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of the administrative
review for all shipments of subject merchandise entered or withdrawn
from warehouse, for consumption, on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the companies
subject to this review, the cash deposit rate will be equal to the
respective weighted-average dumping margin established in the final
results of this review, as listed above; (2) for previously reviewed or
investigated companies not listed above that have their own rates, the
cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which that manufacturer or exporter participated; (3) if the exporter
is not a firm covered in this review, a prior review, or the LTFV
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the manufacturer of the subject merchandise; and (4) if
neither the exporter nor the manufacturer is a firm covered in this or
any previous completed segment conducted under this proceeding by the
Department, the cash deposit rate will be 17.70 percent, the all-others
rate, established in the LTFV investigation.\17\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\17\ See Antidumping Duty Orders on Certain Cold-Rolled Carbon
Steel Flat Products and Certain Corrosion-Resistant Carbon Steel
Flat Products from Korea, 58 FR 44159 (August 19, 1993).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent increase in antidumping duties by
the amount of antidumping and/or countervailing duties reimbursed.
Notification to Interested Parties
This notice serves as the only 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
[[Page 16250]]
written notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 7, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Issues in Issues and Decision Memorandum
List of Comments
General Issues
Comment 1: Targeted Dumping
A. Application of Alternative Methodology and Targeted Dumping
B. Withdrawal of Targeted Dumping Regulation
C. Department's Targeted Dumping Analysis
D. Application of the Nails Test
E. Application of Zeroing
Company Specific Issues
I. DONGBU
Comment 2: Post-preliminary Analysis Regarding Targeted Time Period
Comment 3: Targeted Customer Code
Comment 4: Exempted Harbor Usage Fees
Comment 5: Date of Sale
Comment 6: Comparison Market Gross Unit Price Variable
II. HYSCO
Comment 7: Date of Sale
Comment 8: Warranty Expenses
Comment 9: Reclassification of Merchandise
Comment 10: Classification of Non-Temper Merchandise
III. UNION
Comment 11: Individual Review
[FR Doc. 2013-05934 Filed 3-13-13; 8:45 am]
BILLING CODE 3510-DS-P
