Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2011-2012, 17503-17505 [2014-06995]
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Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Notices
Ercros S.A., but exported by other
parties at the rate for the intermediate
reseller, if available, or at the all-others
rate.11
We intend to issue instructions to
CBP 15 days after the publication date
of the final results of this review.
Dated: March 19, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Cash Deposit Requirements
DEPARTMENT OF COMMERCE
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Ercros S.A.
will remain unchanged from the rate
assigned to the company in the most
recently completed review of that
company; (2) for other manufacturers
and exporters covered in a prior
segment of the proceeding, 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 original
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 subject
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 24.83
percent, the all-others rate established
in the investigation.12 These deposit
requirements, when imposed, shall
remain in effect until further notice.
International Trade Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
11 See, e.g., Magnesium Metal From the Russian
Federation.
12 See Chlorinated Isocyanurates From Spain:
Notice of Final Determination of Sales at Less Than
Fair Value, 70 FR 24506 (May 10, 2005).
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[FR Doc. 2014–07002 Filed 3–27–14; 8:45 am]
BILLING CODE 3510–DS–P
[A–580–816]
Corrosion-Resistant Carbon Steel Flat
Products From the Republic of Korea:
Final Results of Antidumping Duty
Administrative Review; 2011–2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on
corrosion-resistant carbon steel flat
products (CORE) from the Republic of
Korea (Korea). The period of review
(POR) is August 1, 2011, through
February 14, 2012,1 2 and covers Dongbu
Steel Co., Ltd., (Dongbu), and Hyundai
HYSCO (HYSCO), and five nonexamined companies.3 We determine
that Dongbu sold subject merchandise at
less than normal value (NV) during the
POR. We determine that HYSCO did not
sell subject merchandise at less than NV
during the POR.
DATES: Effective Date: March 28, 2014.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore (Dongbu) or
Christopher Hargett (HYSCO),
Enforcement and Compliance, Office III,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
AGENCY:
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 77 FR 59168
(September 26, 2012).
2 The period of review ends on February 14, 2012
because the antidumping duty order on CORE from
Korea was revoked effective on this date. See
Corrosion-Resistant Carbon Steel Flat Products from
Germany and the Republic of Korea: Revocation of
Antidumping and Countervailing Duty Orders, 78
FR 16832 (March 19, 2013) (CORE Revocation).
3 The non-examined companies are: Dongkuk
Industries Co., Ltd. (Dongkuk), Haewon MSC Co.
Ltd. (Haewon), LG Chem., Ltd. (LG Chem), LG
Hausys, Ltd. (Hausys), and Union Steel
Manufacturing Co., Ltd. (Union); see Memorandum
to Melissa G. Skinner, Director, Office 3, AD/CVD
Operations through Eric Greynolds, Program
Manager, Office 3, AD/CVD Operations from
Christopher Hargett, Senior International Trade
Compliance Analyst, Office 3, AD/CVD Operations,
titled ‘‘Selection of Respondents for Individual
Review,’’ dated November 19, 2012.
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17503
482–3692 or (202) 482–4161,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 9, 2013, the
Department published the Preliminary
Results,4 and invited interested parties
to comment. On November 8, 2013,
Hysco, Dongbu, Union, and LG Hausys
filed case briefs. On November 13, 2013,
Nucor Corporation filed a rebuttal brief.
On November 14, 2013, U.S. Steel
Corporation filed a rebuttal brief, which
was rejected by the Department as past
the deadline for the submission of
rebuttal briefs.5
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.
Therefore, all deadlines in this segment
of the proceeding have been extended
by 16 days.6 Pursuant to the Tolling
Memo, the deadline for the final results
of this review was revised with a due
date of January 23, 2014.
On January 2, 2014, the Department
issued a memorandum extending the
time period for issuing the final results
of this administrative review from
January 23, 2014 to March 24, 2014.7
Period of Review
The POR covered by this review is
August 1, 2011, through February 14,
2012.8
Scope of the Order
Imports covered by the order are
shipments of flat-rolled carbon steel
products. The merchandise subject to
4 See Corrosion-Resistant Carbon Steel Flat
Products from the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative
Review; 2011– 2012, 78 FR 55057 (September 9,
2013) (Preliminary Results).
5 See Memorandum to the File through Eric
Greynolds, Program Manager, Office 3, AD/CVD
Operations from Christopher Hargett, International
Trade Compliance Analyst, Office 3, AD/CVD
Operations, titled ‘‘Rejection of Rebuttal Brief,’’
dated November 20, 2013.
6 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government’’ (October 18, 2013)
(Tolling Memo).
7 See Memorandum to Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty
Operations through Melissa Skinner, Director,
Office III, Antidumping and Countervailing Duty
Operations from Christopher Hargett, Sr.
International Trade Compliance Analyst, Office III,
AD/CVD Operations, titled ‘‘Corrosion-Resistant
Carbon Steel Flat Products from the Republic of
Korea: Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review,’’ dated
January 2, 2014.
8 See Preliminary Results, 78 FR at 55057 n.2.
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Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Notices
review is currently classifiable under
items 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 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.9
Analysis of Comments Received
All issues raised in the case briefs by
parties to this proceeding are listed in
the Appendix to this notice. Parties’
rebuttal comments and the Department’s
response to these issues are addressed
in the Issues and Decision
Memorandum, dated concurrently with
this notice.10 The Issues and Decision
Memorandum is a public document and
is on file in the Central Records Unit
(CRU), Room 7046 of the main
Department of Commerce Building, as
well as electronically via Enforcement
and Compliance’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 CRU. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Final Results of the Review
As a result of this review, we
determine the following weightedaverage dumping margins 11 exist for the
period August 1, 2011, through
February 14, 2012:
Weighted-average
dumping margin
(percent)
Producer or exporter
Dongbu Steel Co., Ltd. ................................................................................................................................................................
Hyundai HYSCO ..........................................................................................................................................................................
Dongkuk Industries Co., Ltd. .......................................................................................................................................................
Haewon MSC Co. Ltd. .................................................................................................................................................................
LG Chem., Ltd. ............................................................................................................................................................................
LG Hausys, Ltd. ...........................................................................................................................................................................
Union Steel Manufacturing Co., Ltd. ...........................................................................................................................................
Disclosure
The Department shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review.12 Since the weightedaverage dumping margin is not zero or
de minimis for Dongbu, we calculated
importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
dumping calculated for an importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). Where an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.13
For HYSCO, we will instruct CBP to
liquidate its appropriate entries without
regard to antidumping duties because
HYSCO’s weighted-average dumping
margin is zero percent. For the five nonexamined respondents in this review,
we will instruct CBP to liquidate their
entries at a rate of 7.64%.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.14 This clarification will
apply to entries of subject merchandise
during the POR produced by each
respondent for which they did not know
that their 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.15
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
9 For a full description of the scope of the order,
see the ‘‘Decision Memorandum for the Final
Results of Antidumping Duty Administrative
Review: Corrosion-Resistant Carbon Steel Flat
Products from the Republic of Korea’’ from Gary
Taverman, Senior Advisor for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, (Issues and Decision Memorandum)
dated concurrently with these results and hereby
adopted by this notice.
10 See the Issues and Decision Memorandum.
11 Because there was only one rate that was not
zero, de minimis, or based on total facts available,
we are using this weighted-average dumping margin
(Dongbu’s) as the rate for the non-examined
companies.
In accordance with 19 CFR
351.224(b), we will disclose the
calculation memorandums used in our
analysis to parties to this review within
five days of the date of publication of
this notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
Assessment Rates
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18:57 Mar 27, 2014
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PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
7.64
0.00
7.64
7.64
7.64
7.64
7.64
Cash Deposit Requirements
The Department notified CBP to
discontinue the collection of cash
deposits on entries of the subject
merchandise, entered or withdrawn
from warehouse, on or after February
14, 2012.16 Therefore, no cash deposit
requirements will be imposed in
response to these final results.
Reimbursement of Duties
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 duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties pursuant to 19 CFR 351.402(f)(3).
12 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
14 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
15 For a full discussion of this clarification, see id.
16 See CORE Revocation, 78 FR at 16833.
13 See
E:\FR\FM\28MRN1.SGM
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Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Notices
Notification to Interested Parties
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely 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 terms of an APO is a
sanctionable violation.
These final results of administrative
review are issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(h).
Dated: March 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Issues in Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. List of Comments
Comment 1: Use of Dongbu’s Costs for the
Period August 1, 2011, to July 31, 2012
Comment 2: Calculation of General and
Administrative and Interest Expenses
Comment 3: Application of Differential
Pricing and Zeroing in Administrative
Reviews
Comment 4: Denial of Offsets with the
Average-to-Transaction Method
VI. Analysis of Comments
VII. Recommendation
[FR Doc. 2014–06995 Filed 3–27–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–851]
Certain Preserved Mushrooms from
the People’s Republic of China:
Initiation of Antidumping Duty New
Shipper Review; 2013–2014
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: March 28, 2014.
SUMMARY: The Department of Commerce
(the Department) received a timely
request for a new shipper review of the
antidumping duty order on certain
preserved mushrooms from the People’s
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
18:57 Mar 27, 2014
Jkt 232001
Republic of China (PRC) from Dezhou
Kaihang Agricultural Science
Technology Co., Ltd. (Dezhou Kaihang).
The Department determined that the
request meets the statutory and
regulatory requirements for initiation.
As a consequence, in accordance with
section 751(a)(2)(B) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.214(d)(1), the Department is
initiating an antidumping duty new
shipper review of Dezhou Kaihang. The
period of review (POR) of this new
shipper review is February 1, 2013,
through February 28, 2014, as explained
further in the ‘‘Period of Review’’
section below.
FOR FURTHER INFORMATION CONTACT: John
Drury or Ilissa Shefferman, 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) 482–0195 or (202) 482–
4684, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 19, 1999, the Department
published the antidumping duty order
on certain preserved mushrooms from
the PRC.1 The antidumping duty order
on certain preserved mushrooms from
the PRC therefore has a February
anniversary month. On February 27,
2014, Dezhou Kaihang timely filed a
request for a new shipper review.2 In its
request for review, Dezhou Kaihang
identified itself as the exporter of the
subject merchandise, while listing the
producer as Shandong Fengyu Edible
Fungus Co., Ltd. (Fengyu).
Pursuant to the requirements set forth
in section 751(a)(2)(B)(i) of the Act and
19 CFR 351.214(b)(2), Dezhou Kaihang
certified that: (1) it did not export
subject merchandise to the United
States during the period of investigation
(POI) (see section 751(a)(2)(B)(i)(I) of the
Act and 19 CFR 351.214(b)(2)(ii)(A)); (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 (see section
751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A)); and (3) its export
activities were not controlled by the
1 See Notice of Amendment of Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain Preserved
Mushrooms From the People’s Republic of China,
64 FR 8308 (February 19, 1999).
2 See Letter from Dezhou Kaihang to Secretary of
Commerce, dated February 27, 2014 (Dezhou
Kaihang Request).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
17505
central government of the PRC (see 19
CFR 351.214(b)(2)(iii)(B)). Dezhou
Kaihang and Fengyu also certified that
Fengyu did not export the subject
merchandise to the United States during
the POI (see 19 CFR
351.214(b)(2)(ii)(B)).3
With respect to the certifications by
and on behalf of Fengyu, the
Department notes that Fengyu was
subject to a prior new shipper review.
In that review, the Department
rescinded the review because the
Department was ‘‘unable to make an
affirmative determination that subject
merchandise produced and exported by
Fengyu actually entered the United
States for consumption during the
POR.’’ 4 The Department intends to
explore the circumstances behind
Fengyu’s certifications and
documentation during the course of the
instant review.
Moreover, in accordance with 19 CFR
351.214(b)(2)(iv), Dezhou Kaihang
submitted documentation establishing
the following: (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 an unaffiliated customers in the
United States.5
Finally, the Department conducted a
U.S. Customs and Border Protection
(CBP) database query and, except as
explained below, confirmed the price,
quantity, date of sale, and date of entry
of the sale at issue.6
Period of Review
Pursuant to 19 CFR 351.214(c), an
exporter or producer may request a new
shipper review within one year of the
date on which its subject merchandise
was first entered. In terms of timing, 19
CFR 351.214(d) explains that where the
new shipper review was requested in
the six-month period ending with the
end of the anniversary month the
Department initiates the review in the
calendar month immediately following
the anniversary month. Moreover, 19
CFR 351.214(g)(1)(i)(A) states that if the
new shipper review was initiated in the
month immediately following the
anniversary month, the review will
normally cover, as appropriate, entries,
3 Id.
at 2 and Attachment 1.
Certain Preserved Mushrooms From the
People’s Republic of China; Final Results and Final
Rescission in Part, of Antidumping Duty New
Shipper Reviews, 76 FR 16604, 16606 (March 24,
2011).
5 See Dezhou Kaihang Request at Attachment 2.
6 Id.; see also Memorandum to the File from the
Case Analyst, ‘‘Certain Preserved Mushrooms from
the People’s Republic of China: U.S. Customs and
Border Protection Information for New Shipper
Review Request,’’ dated March 21, 2014 (Customs
Data File), and herein incorporated by reference.
4 See
E:\FR\FM\28MRN1.SGM
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Agencies
[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17503-17505]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06995]
-----------------------------------------------------------------------
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;
2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on corrosion-resistant carbon
steel flat products (CORE) from the Republic of Korea (Korea). The
period of review (POR) is August 1, 2011, through February 14,
2012,1 2 and covers Dongbu Steel Co., Ltd., (Dongbu), and
Hyundai HYSCO (HYSCO), and five non-examined companies.\3\ We determine
that Dongbu sold subject merchandise at less than normal value (NV)
during the POR. We determine that HYSCO did not sell subject
merchandise at less than NV during the POR.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 77 FR
59168 (September 26, 2012).
\2\ The period of review ends on February 14, 2012 because the
antidumping duty order on CORE from Korea was revoked effective on
this date. See Corrosion-Resistant Carbon Steel Flat Products from
Germany and the Republic of Korea: Revocation of Antidumping and
Countervailing Duty Orders, 78 FR 16832 (March 19, 2013) (CORE
Revocation).
\3\ The non-examined companies are: Dongkuk Industries Co., Ltd.
(Dongkuk), Haewon MSC Co. Ltd. (Haewon), LG Chem., Ltd. (LG Chem),
LG Hausys, Ltd. (Hausys), and Union Steel Manufacturing Co., Ltd.
(Union); see Memorandum to Melissa G. Skinner, Director, Office 3,
AD/CVD Operations through Eric Greynolds, Program Manager, Office 3,
AD/CVD Operations from Christopher Hargett, Senior International
Trade Compliance Analyst, Office 3, AD/CVD Operations, titled
``Selection of Respondents for Individual Review,'' dated November
19, 2012.
---------------------------------------------------------------------------
DATES: Effective Date: March 28, 2014.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Dongbu) or
Christopher Hargett (HYSCO), Enforcement and Compliance, Office III,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-3692 or (202) 482-4161, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 9, 2013, the Department published the Preliminary
Results,\4\ and invited interested parties to comment. On November 8,
2013, Hysco, Dongbu, Union, and LG Hausys filed case briefs. On
November 13, 2013, Nucor Corporation filed a rebuttal brief. On
November 14, 2013, U.S. Steel Corporation filed a rebuttal brief, which
was rejected by the Department as past the deadline for the submission
of rebuttal briefs.\5\
---------------------------------------------------------------------------
\4\ See Corrosion-Resistant Carbon Steel Flat Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2011- 2012, 78 FR 55057 (September 9, 2013)
(Preliminary Results).
\5\ See Memorandum to the File through Eric Greynolds, Program
Manager, Office 3, AD/CVD Operations from Christopher Hargett,
International Trade Compliance Analyst, Office 3, AD/CVD Operations,
titled ``Rejection of Rebuttal Brief,'' dated November 20, 2013.
---------------------------------------------------------------------------
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013. Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days.\6\ Pursuant to the Tolling Memo, the deadline for the final
results of this review was revised with a due date of January 23, 2014.
---------------------------------------------------------------------------
\6\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013) (Tolling
Memo).
---------------------------------------------------------------------------
On January 2, 2014, the Department issued a memorandum extending
the time period for issuing the final results of this administrative
review from January 23, 2014 to March 24, 2014.\7\
---------------------------------------------------------------------------
\7\ See Memorandum to Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations through Melissa
Skinner, Director, Office III, Antidumping and Countervailing Duty
Operations from Christopher Hargett, Sr. International Trade
Compliance Analyst, Office III, AD/CVD Operations, titled
``Corrosion-Resistant Carbon Steel Flat Products from the Republic
of Korea: Extension of Time Limit for Final Results of Antidumping
Duty Administrative Review,'' dated January 2, 2014.
---------------------------------------------------------------------------
Period of Review
The POR covered by this review is August 1, 2011, through February
14, 2012.\8\
---------------------------------------------------------------------------
\8\ See Preliminary Results, 78 FR at 55057 n.2.
---------------------------------------------------------------------------
Scope of the Order
Imports covered by the order are shipments of flat-rolled carbon
steel products. The merchandise subject to
[[Page 17504]]
review is currently classifiable under items 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 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the merchandise subject to the order is dispositive.\9\
---------------------------------------------------------------------------
\9\ For a full description of the scope of the order, see the
``Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review: Corrosion-Resistant Carbon Steel Flat
Products from the Republic of Korea'' from Gary Taverman, Senior
Advisor for Antidumping and Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Enforcement and Compliance, (Issues
and Decision Memorandum) dated concurrently with these results and
hereby adopted by this notice.
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Analysis of Comments Received
All issues raised in the case briefs by parties to this proceeding
are listed in the Appendix to this notice. Parties' rebuttal comments
and the Department's response to these issues are addressed in the
Issues and Decision Memorandum, dated concurrently with this
notice.\10\ The Issues and Decision Memorandum is a public document and
is on file in the Central Records Unit (CRU), Room 7046 of the main
Department of Commerce Building, as well as electronically via
Enforcement and Compliance'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 CRU. In addition, a complete version of
the Issues and Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/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 the Issues and Decision Memorandum.
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Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margins \11\ exist for the period August 1, 2011,
through February 14, 2012:
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\11\ Because there was only one rate that was not zero, de
minimis, or based on total facts available, we are using this
weighted-average dumping margin (Dongbu's) as the rate for the non-
examined companies.
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Weighted-average
Producer or exporter dumping margin
(percent)
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Dongbu Steel Co., Ltd............................... 7.64
Hyundai HYSCO....................................... 0.00
Dongkuk Industries Co., Ltd......................... 7.64
Haewon MSC Co. Ltd.................................. 7.64
LG Chem., Ltd....................................... 7.64
LG Hausys, Ltd...................................... 7.64
Union Steel Manufacturing Co., Ltd.................. 7.64
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Disclosure
In accordance with 19 CFR 351.224(b), we will disclose the
calculation memorandums used in our analysis to parties to this review
within five days of the date of publication of this notice.
Assessment Rates
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review.\12\ Since the weighted-average dumping
margin is not zero or de minimis for Dongbu, we calculated importer-
specific ad valorem antidumping duty assessment rates based on the
ratio of the total amount of dumping calculated for an importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1). Where an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\13\
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\12\ See 19 CFR 351.212(b)(1).
\13\ See 19 CFR 351.106(c)(2).
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For HYSCO, we will instruct CBP to liquidate its appropriate
entries without regard to antidumping duties because HYSCO's weighted-
average dumping margin is zero percent. For the five non-examined
respondents in this review, we will instruct CBP to liquidate their
entries at a rate of 7.64%.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\14\ This clarification will apply to entries of subject
merchandise during the POR produced by each respondent for which they
did not know that their 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.\15\
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\14\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\15\ For a full discussion of this clarification, see id.
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The Department notified CBP to discontinue the collection of cash
deposits on entries of the subject merchandise, entered or withdrawn
from warehouse, on or after February 14, 2012.\16\ Therefore, no cash
deposit requirements will be imposed in response to these final
results.
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\16\ See CORE Revocation, 78 FR at 16833.
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Reimbursement of Duties
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 duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties pursuant to 19 CFR
351.402(f)(3).
[[Page 17505]]
Notification to Interested Parties
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely 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 terms
of an APO is a sanctionable violation.
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.213(h).
Dated: March 24, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
Issues in Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. List of Comments
Comment 1: Use of Dongbu's Costs for the Period August 1, 2011,
to July 31, 2012
Comment 2: Calculation of General and Administrative and
Interest Expenses
Comment 3: Application of Differential Pricing and Zeroing in
Administrative Reviews
Comment 4: Denial of Offsets with the Average-to-Transaction
Method
VI. Analysis of Comments
VII. Recommendation
[FR Doc. 2014-06995 Filed 3-27-14; 8:45 am]
BILLING CODE 3510-DS-P