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]

Download as PDF 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 VerDate Mar<15>2010 16:51 Mar 13, 2013 Jkt 229001 16247 PO 00000 Frm 00005 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. Fmt 4703 Sfmt 4703 E:\FR\FM\14MRN1.SGM 14MRN1 16248 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 tkelley on DSK3SPTVN1PROD with NOTICES 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 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 http://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 http://www.trade.gov/ ia/frn/index.html. 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. E:\FR\FM\14MRN1.SGM 14MRN1 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 tkelley on DSK3SPTVN1PROD with NOTICES 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). VerDate Mar<15>2010 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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). E:\FR\FM\14MRN1.SGM 14MRN1 16250 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] tkelley on DSK3SPTVN1PROD with NOTICES 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: VerDate Mar<15>2010 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). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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, E:\FR\FM\14MRN1.SGM 14MRN1

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]


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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.''
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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 http://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 http://www.trade.gov/ia/frn/index.html. 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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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