Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 13275-13277 [2014-05140]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–805]
Certain Pasta From Turkey: Notice of
Initiation of Antidumping Duty New
Shipper Review
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) received a request for
a new shipper review of the
antidumping duty order 1 on certain
pasta from Turkey.2 In accordance with
section 751(a)(2)(B) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.214, we are initiating an
antidumping duty new shipper review
of Bessan Makarina Gida San. Ve Tic.
¸
A.S. (Bessan). The period of review
¸
(POR) of this new shipper review is July
1, 2013, through January 31, 2014.
DATES: Effective Date: March 10, 2014.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold or Robert James, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
telephone: (202) 482–1121 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
emcdonald on DSK67QTVN1PROD with NOTICES
Background
On July 24, 1996, the Department
published the antidumping duty order
on certain pasta from Turkey.3 Thus, the
antidumping duty order on certain pasta
from the Turkey has a January semiannual anniversary month. On January
31, 2014, the Department received a
timely filed request for a new shipper
review from Bessan. In its request for a
¸
review, Bessan identified itself as both
¸
a producer and exporter of the subject
merchandise which was exported to the
United States.
Pursuant to the requirements set forth
in section 751(a)(2)(B)(i) of the Act and
19 CFR 351.214(b)(2), Bessan certified
¸
that (1) it did not export subject
merchandise to the United States during
the period of investigation (POI); and (2)
since the initiation of the investigation,
it has never been affiliated with any
company that exported subject
merchandise to the United States during
the POI, including those companies not
individually examined during the
investigation.4 Additionally, in
accordance with 19 CFR
351.214(b)(2)(iv), Bessan submitted
¸
documentation establishing: (1) The
date on which it first shipped subject
merchandise to the United States; (2)
the volume of its first shipment; and (3)
the date of its first sale to a U.S.
purchaser for export to the United
States.5
We note that although Bessan
¸
submitted documentation regarding the
volume of its shipment and the date of
their first sale to an unaffiliated
customer in the United States, our
customs query shows that Bessan’s
¸
shipment appears to have entered the
United States shortly after the semiannual anniversary month. Under 19
CFR 351.214(f)(2)(ii), when the sale of
the subject merchandise occurs within
the normal POR, but the entry occurs
after the normal POR, the POR may be
extended unless it would be likely to
prevent the completion of the review
within the time limits set by the
Department’s regulations. The preamble
to the Department’s regulations states
that both the entry and the sale should
occur during the POR, and that under
‘‘appropriate’’ circumstances the
Department has the flexibility to extend
the POR.6 In this instance, Bessan’s
¸
shipment appears to have entered
during the month following the end of
the normal POR. The Department does
not find that this delay would be likely
to prevent the completion of the review
within the time limits set by the
Department’s regulations.
Notice of Antidumping Duty Order and
Amended Final Determination of Sales at Less
Than Fair Value: Certain Pasta From Turkey, 61 FR
38545 (July 24, 1996) (Order).
2 See Letter from Bessan, ‘‘Request for New
¸
Shipper Review; Antidumping Duty Order
Involving Certain Pasta from Turkey,’’ (January 31,
2014) (Bessan’s Request).
¸
3 See Order.
VerDate Mar<15>2010
18:00 Mar 07, 2014
Jkt 232001
If the Department subsequently
determines, based on information
collected, that a new shipper review for
Bessan is not warranted, the Department
¸
will either rescind the review or apply
facts available pursuant to section 776
of the Act, as appropriate.
We intend to issue the preliminary
results of this review no later than 180
days after the date on which this review
is initiated, and the final results within
90 days after the date on which we issue
the preliminary results.8
We will instruct CBP to allow, at the
option of the importer, the posting, until
the completion of the review, of a bond
or security in lieu of a cash deposit for
certain entries of the subject
merchandise produced and exported by
Bessan in accordance with section
¸
751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(e). Because Bessan certified that
¸
it produces and exports the subject
merchandise, the sale of which forms
the basis for its new shipper review
request, we will instruct CBP to permit
the use of a bond only for entries of
subject merchandise which Bessan
¸
produced and exported.
Interested parties may submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and this notice are
issued and published in accordance
with section 751(a)(2)(B) of the Act and
19 CFR 351.214 and 351.221(c)(1)(i).
Dated: February 27, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–05230 Filed 3–7–14; 8:45 am]
BILLING CODE 3510–DS–P
Initiation of Review
Based on information on the record
and in accordance with section
751(a)(2)(B) of the Act, and 19 CFR
351.214(d), we find that the request
meets the statutory and regulatory
requirements for initiation of a new
shipper review.7 Accordingly, we are
initiating a new shipper review of the
antidumping duty order on pasta from
Turkey produced and exported by
Bessan, for the period July 1, 2013,
¸
through January 31, 2014.
4 See
1 See
13275
Bessan’s Request at 2 and Exhibit 1.
¸
more information, see Memorandum from
Tyler Weinhold, through Robert James, to the file,
‘‘Initiation of Antidumping Duty New Shipper
Review: Pasta from Turkey,’’ dated concurrently
with this notice (Initiation Checklist).
6 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27319–27320 (May 19,
1997).
7 See Initiation Checklist.
5 For
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–836]
Certain Cut-to-Length Carbon-Quality
Steel Plate Products From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain cutto-length carbon-quality steel plate
AGENCY:
8 See section 751(a)(2)(B)(iv) of the Act and 19
CFR 351.214(h)(i).
E:\FR\FM\10MRN1.SGM
10MRN1
13276
Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Notices
products (CTL plate) from the Republic
of Korea (Korea). The period of review
(POR) is February 1, 2012, through
January 31, 2013. The Department
preliminarily determines that the
producers/exporters subject to this
review made sales of subject
merchandise at less than normal value
or had no shipments of subject
merchandise.1 We invite interested
parties to comment on these preliminary
results.
DATES: Effective Date: March 10, 2014.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone (202)
482–5760.
Scope of the Order
The products covered by the
antidumping duty order are certain CTL
plate. Imports of CTL plate are currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under subheadings 7208.40.30.30,
7208.40.30.60, 7208.51.00.30,
7208.51.00.45, 7208.51.00.60,
7208.52.00.00, 7208.53.00.00,
7208.90.00.00, 7210.70.30.00,
7210.90.90.00, 7211.13.00.00,
7211.14.00.30, 7211.14.00.45,
7211.90.00.00, 7212.40.10.00,
7212.40.50.00, 7212.50.00.00,
7225.40.30.50, 7225.40.70.00,
7225.50.60.00, 7225.99.00.90,
7226.91.50.00, 7226.91.70.00,
7226.91.80.00, and 7226.99.00.00. While
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description is dispositive. A
full description of the scope of the order
is contained in the Preliminary Decision
Memorandum.2
emcdonald on DSK67QTVN1PROD with NOTICES
Preliminary Determination of No
Reviewable Entries
We received timely submissions of
letters from Daewoo International Corp.
1 The deadline for the preliminary results of this
review was March 3, 2014. Due to the closure of the
Federal Government in Washington, DC on March
3, 2014, the Department reached this determination
on the next business day (i.e., March 4, 2014). See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
2 See the memorandum from Gary Taverman,
Senior Advisor for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Preliminary Decision Memorandum
for the Administrative Review of the Antidumping
Duty Order on Certain Cut-to-Length CarbonQuality Steel Plate Products from the Republic of
Korea’’ dated concurrently with this notice
(Preliminary Decision Memorandum), which is
hereby adopted by this notice.
VerDate Mar<15>2010
18:00 Mar 07, 2014
Jkt 232001
(Daewoo), Dongbu Steel Co., Ltd.
(Dongbu), GS Global Corp. (GS Global),
Hyosung Corporation (Hyosung), and
Hyundai Steel Co. (Hyundai Steel)
reporting to the Department that they
had no exports, sales or entries of
subject merchandise to the United
States during the POR.3 Based on record
evidence, we preliminarily determine
that Daewoo, Dongbu, GS Global,
Hyosung, and Hyundai Steel had no
reviewable entries during the POR. For
additional information on our
preliminary determination of no
reviewable entries, see the Preliminary
Decision Memorandum.
Methodology
We selected one company for
individual examination in this
administrative review, Dongkuk Steel
Mill Co., Ltd. (DSM). The Department
conducted this review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act). Constructed
export price is calculated in accordance
with section 772 of the Act. Normal
value is calculated in accordance with
section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and
is available to all parties in the
Department’s Central Records Unit,
located at room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margins exist for the respondents for the
period February 1, 2012, through
January 31, 2013. The rate for the
companies not selected for individual
examination is equal to the weightedaverage dumping margin for the selected
respondent, DSM.
3 See the letters from Daewoo, Dongbu, GS Global,
Hyosung, and Hyundai Steel dated May 10, 2013,
April 10, 2013, May 15, 2013, May 23, 2013, and
May 15, 2013, respectively.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Manufacturer/exporter
Weightedaverage
dumping
margin
(percent)
Dongkuk Steel Mill Co., Ltd ..
Edgen Murray Corporation ...
Kyoungil Co., Ltd ..................
Samsung C&T Corp .............
Samwoo EMC Co., Ltd .........
TCC Steel Corp ....................
4.64
4.64
4.64
4.64
4.64
4.64
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.4 Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue,
(2) a brief summary of the argument,
and (3) a table of authorities.5
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via IA ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, IA ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.6
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case
briefs. The Department will issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, not later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
Assessment Rates
If DSM’s weighted-average dumping
margin continues to be above de
minimis in the final results of this
review, we will calculate an importerspecific assessment rate on the basis of
the ratio of the total amount of
antidumping duties calculated for the
importer’s examined sales and the total
entered value of the sales in accordance
4 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
6 See 19 CFR 351.310(c).
5 See
E:\FR\FM\10MRN1.SGM
10MRN1
Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Notices
with 19 CFR 351.212(b)(1).7 If DSM’s
weighted-average dumping margin is
zero or de minimis in the final results
of review, we will instruct U.S. Customs
and Border Protection (CBP) not to
assess duties on any of its entries in
accordance with the Final Modification
for Reviews.8
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR produced by DSM,
which is the company selected for
individual examination in this review,
for which it did not know its
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction. For a full
discussion of this clarification, see
Antidumping and Countervailing Duty
Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May
6, 2003).
In the final results of this review, if
we continue to find that Daewoo,
Dongbu, GS Global, Hyosung, and
Hyundai Steel had no reviewable
transactions of subject merchandise, we
will instruct CBP to liquidate any
existing entries of merchandise
produced by these companies but
exported by other companies at the allothers rate.9
For the companies which were not
selected for individual examination,
Edgen Murray Corporation, Kyoungil
Co., Ltd., Samsung C&T Corp., Samwoo
EMC Co., Ltd., and TCC Steel Corp., we
will instruct CBP to apply the rates
listed above to all entries of subject
merchandise produced and/or exported
by those firms.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
emcdonald on DSK67QTVN1PROD with NOTICES
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of CTL plate
from Korea entered, or withdrawn from
7 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
8 See Final Modification for Reviews, 77 FR at
8102.
9 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
VerDate Mar<15>2010
18:00 Mar 07, 2014
Jkt 232001
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for companies subject to
this review will be the rate established
in the final results of this administrative
review; (2) for merchandise exported by
manufacturers or exporters not covered
in this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original investigation but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent period for the manufacturer
of the merchandise; (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 0.98
percent,10 the all-others rate established
in the less-than-fair-value investigation,
adjusted for the export-subsidy rate in
the companion countervailing duty
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
The Department is issuing and
publishing these results in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: March 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Preliminary Determination of No
Reviewable Entries
E. Rates for Respondents Not Selected for
Individual Examination
F. Comparisons to Normal Value
G. Determination of Comparison Method
H. Results of the Differential Pricing Analysis
10 See, e.g., Certain Cut-to-Length Carbon-Quality
Steel Plate Products From the Republic of Korea:
Final Results of Antidumping Duty Administrative
Review; 2011–2012, 78 FR 29113, 29114 (May 17,
2013).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
13277
I. Product Comparisons
J. Date of Sale
K. Level of Trade/CEP Offset
L. Constructed Export Price
M. Normal Value
1. Overrun Sales
2. Selection of Comparison Market
3. Affiliated Parties
4. Affiliated Party Transactions and Arm’sLength Test
5. Cost of Production
6. Calculation of Normal Value Based on
Comparison Market Prices
N. Currency Conversion
O. Recommendation
[FR Doc. 2014–05140 Filed 3–7–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–928, A–791–821, A–552–803]
Uncovered Innerspring Units From the
People’s Republic of China, South
Africa, and Socialist Republic of
Vietnam: Final Results of the
Expedited Sunset Reviews of the
Antidumping Duty Orders
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2013, the
Department of Commerce (the
Department) published the initiation of
the first five-year (sunset) reviews of the
antidumping duty orders on uncovered
innerspring units from the People’s
Republic of China (PRC), South Africa,
and Socialist Republic of Vietnam
(Vietnam) pursuant to section 751(c) of
the Tariff Act of 1930 (the Act), as
amended.1 The Department finds that
revocation of these antidumping duty
orders would be likely to lead to the
continuation or recurrence of dumping
as indicated in the ‘‘Final Results of
Sunset Reviews’’ section of this notice.
DATES: Effective Date: March 10, 2014.
FOR FURTHER INFORMATION CONTACT:
Catherine Cartsos or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1757 or (202) 482–
1690, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department received a notice of
intent to participate in these sunset
reviews from Leggett & Platt,
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78
FR 65711 (November 1, 2013) (Notice of Initiation).
E:\FR\FM\10MRN1.SGM
10MRN1
]]>Agencies
[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Notices]
[Pages 13275-13277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05140]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate Products From
the Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain cut-to-
length carbon-quality steel plate
[[Page 13276]]
products (CTL plate) from the Republic of Korea (Korea). The period of
review (POR) is February 1, 2012, through January 31, 2013. The
Department preliminarily determines that the producers/exporters
subject to this review made sales of subject merchandise at less than
normal value or had no shipments of subject merchandise.\1\ We invite
interested parties to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ The deadline for the preliminary results of this review was
March 3, 2014. Due to the closure of the Federal Government in
Washington, DC on March 3, 2014, the Department reached this
determination on the next business day (i.e., March 4, 2014). See
Notice of Clarification: Application of ``Next Business Day'' Rule
for Administrative Determination Deadlines Pursuant to the Tariff
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------
DATES: Effective Date: March 10, 2014.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
5760.
Scope of the Order
The products covered by the antidumping duty order are certain CTL
plate. Imports of CTL plate are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under subheadings
7208.40.30.30, 7208.40.30.60, 7208.51.00.30, 7208.51.00.45,
7208.51.00.60, 7208.52.00.00, 7208.53.00.00, 7208.90.00.00,
7210.70.30.00, 7210.90.90.00, 7211.13.00.00, 7211.14.00.30,
7211.14.00.45, 7211.90.00.00, 7212.40.10.00, 7212.40.50.00,
7212.50.00.00, 7225.40.30.50, 7225.40.70.00, 7225.50.60.00,
7225.99.00.90, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description is dispositive. A full
description of the scope of the order is contained in the Preliminary
Decision Memorandum.\2\
---------------------------------------------------------------------------
\2\ See the memorandum from Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Preliminary
Decision Memorandum for the Administrative Review of the Antidumping
Duty Order on Certain Cut-to-Length Carbon-Quality Steel Plate
Products from the Republic of Korea'' dated concurrently with this
notice (Preliminary Decision Memorandum), which is hereby adopted by
this notice.
---------------------------------------------------------------------------
Preliminary Determination of No Reviewable Entries
We received timely submissions of letters from Daewoo International
Corp. (Daewoo), Dongbu Steel Co., Ltd. (Dongbu), GS Global Corp. (GS
Global), Hyosung Corporation (Hyosung), and Hyundai Steel Co. (Hyundai
Steel) reporting to the Department that they had no exports, sales or
entries of subject merchandise to the United States during the POR.\3\
Based on record evidence, we preliminarily determine that Daewoo,
Dongbu, GS Global, Hyosung, and Hyundai Steel had no reviewable entries
during the POR. For additional information on our preliminary
determination of no reviewable entries, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\3\ See the letters from Daewoo, Dongbu, GS Global, Hyosung, and
Hyundai Steel dated May 10, 2013, April 10, 2013, May 15, 2013, May
23, 2013, and May 15, 2013, respectively.
---------------------------------------------------------------------------
Methodology
We selected one company for individual examination in this
administrative review, Dongkuk Steel Mill Co., Ltd. (DSM). The
Department conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act). Constructed export price is
calculated in accordance with section 772 of the Act. Normal value is
calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is made available to the
public via Enforcement and Compliance's Antidumping and Countervailing
Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at https://iaaccess.trade.gov, and is
available to all parties in the Department's Central Records Unit,
located at room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the respondents
for the period February 1, 2012, through January 31, 2013. The rate for
the companies not selected for individual examination is equal to the
weighted-average dumping margin for the selected respondent, DSM.
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd............................. 4.64
Edgen Murray Corporation................................ 4.64
Kyoungil Co., Ltd....................................... 4.64
Samsung C&T Corp........................................ 4.64
Samwoo EMC Co., Ltd..................................... 4.64
TCC Steel Corp.......................................... 4.64
------------------------------------------------------------------------
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\4\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue, (2) a brief summary of the argument, and (3) a table of
authorities.\5\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.309(d).
\5\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via IA ACCESS. An electronically filed
document must be received successfully in its entirety by the
Department's electronic records system, IA ACCESS, by 5:00 p.m. Eastern
Time within 30 days after the date of publication of this notice.\6\
Requests should contain: (1) The party's name, address and telephone
number; (2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. The Department will issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
\6\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Assessment Rates
If DSM's weighted-average dumping margin continues to be above de
minimis in the final results of this review, we will calculate an
importer-specific assessment rate on the basis of the ratio of the
total amount of antidumping duties calculated for the importer's
examined sales and the total entered value of the sales in accordance
[[Page 13277]]
with 19 CFR 351.212(b)(1).\7\ If DSM's weighted-average dumping margin
is zero or de minimis in the final results of review, we will instruct
U.S. Customs and Border Protection (CBP) not to assess duties on any of
its entries in accordance with the Final Modification for Reviews.\8\
---------------------------------------------------------------------------
\7\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\8\ See Final Modification for Reviews, 77 FR at 8102.
---------------------------------------------------------------------------
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by DSM, which is the company
selected for individual examination in this review, for which it did
not know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
In the final results of this review, if we continue to find that
Daewoo, Dongbu, GS Global, Hyosung, and Hyundai Steel had no reviewable
transactions of subject merchandise, we will instruct CBP to liquidate
any existing entries of merchandise produced by these companies but
exported by other companies at the all-others rate.\9\
---------------------------------------------------------------------------
\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the companies which were not selected for individual
examination, Edgen Murray Corporation, Kyoungil Co., Ltd., Samsung C&T
Corp., Samwoo EMC Co., Ltd., and TCC Steel Corp., we will instruct CBP
to apply the rates listed above to all entries of subject merchandise
produced and/or exported by those firms.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of CTL plate from Korea entered, or withdrawn from
warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for
companies subject to this review will be the rate established in the
final results of this administrative review; (2) for merchandise
exported by manufacturers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original investigation but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the merchandise; (4) the
cash deposit rate for all other manufacturers or exporters will
continue to be 0.98 percent,\10\ the all-others rate established in the
less-than-fair-value investigation, adjusted for the export-subsidy
rate in the companion countervailing duty investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\10\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate
Products From the Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2011-2012, 78 FR 29113, 29114 (May 17,
2013).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
The Department is issuing and publishing these results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 4, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Preliminary Determination of No Reviewable Entries
E. Rates for Respondents Not Selected for Individual Examination
F. Comparisons to Normal Value
G. Determination of Comparison Method
H. Results of the Differential Pricing Analysis
I. Product Comparisons
J. Date of Sale
K. Level of Trade/CEP Offset
L. Constructed Export Price
M. Normal Value
1. Overrun Sales
2. Selection of Comparison Market
3. Affiliated Parties
4. Affiliated Party Transactions and Arm's-Length Test
5. Cost of Production
6. Calculation of Normal Value Based on Comparison Market Prices
N. Currency Conversion
O. Recommendation
[FR Doc. 2014-05140 Filed 3-7-14; 8:45 am]
BILLING CODE 3510-DS-P
