72 FR 18630, April 13, 2007

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-844]

Steel Concrete Reinforcing Bar from The Republic of Korea: Notice 
of Final Results and Final Partial Rescission of Antidumping Duty 
Administrative Review

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

SUMMARY: On October 10, 2006, the Department of Commerce published the 
preliminary results of the 2004 - 2005 administrative review of the 
antidumping duty order on steel concrete reinforcing bars from the 
Republic of Korea. The period of review (POR) is September 1, 2004, 
through August 31, 2005.
    Based on our analysis of the comments received, we have not made 
changes in the margin calculations for the companies covered by this 
review. Therefore, the final results do not 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.''
    Furthermore, we are rescinding this review with respect to Hanbo 
Iron & Steel Co., Ltd. (Hanbo), INI Steel (INI) and Kosteel Co., Ltd. 
(Kosteel), as discussed below in the section entitled ``Partial 
Rescission of Review.''

EFFECTIVE DATE: April 13, 2007.

FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Katherine 
Johnson, AD/CVD Operations, Office 2, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482- 1280 or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The review covers the following producers/exporters of the subject 
merchandise: Dongkuk Steel Mill Co., Korea Iron and Steel Co., 
Hwanyoung Steel Industries Co., Ltd. (collectively DSM/KISCO/HSI or 
``the respondent''),\1\ and Dongil Industries Co., Ltd (Dongil). The 
period of review is September 1, 2004, through August 31, 2005.
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    \1\ In the preliminarily results, we determined that DSM, KISCO 
and HSI were affiliated and collapsed them into a single entity for 
margin calculation purposes because they met the regulatory criteria 
for collapsing affiliated producers/exporters. No interested party 
objected to our preliminary determination to collapse these 
companies. Therefore, for the final results margin calculation, we 
have continued to treat these companies as a single entity.
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    October 10, 2006, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on steel concrete reinforcing bars from the 
Republic of Korea. See Steel Concrete Reinforcing Bar From The Republic 
of Korea: Notice of Preliminary Results and Preliminary Rescission, in 
Part, of Antidumping Duty Administrative Review, 71 FR 59440 (October 
10, 2006) (Preliminary Results). We invited interested parties to 
comment on the Preliminary Results.
    The petitioners filed a case brief on December 12, 2006.\2\ The 
respondent filed a rebuttal brief on December 18, 2006. The respondent 
requested a hearing but subsequently withdrew its request. In lieu of a 
hearing, the petitioners and respondent requested separate ex parte 
meetings to discuss the yield strength model-matching criterion issue 
raised in their briefs. These ex parte meetings were held in January 
and February 2007 (see January 29, 2007, and February 5, 2007, 
memoranda to the file). We have conducted this administrative review in

[[Page 18631]]

accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \2\ The petitioners are Nucor Corporation, Commercial Metals 
Company, and Gerdau Ameristeel Inc., collectively, Rebar Trade 
Action Coalition.
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Scope of the Order

    The product covered by this order is all rebar sold in straight 
lengths, currently classifiable in the Harmonized Tariff Schedule of 
the United States (HTSUS) under item number 7214.20.00 or any other 
tariff item number. Specifically excluded are plain rounds (i.e., non-
deformed or smooth bars) and rebar that has been further processed 
through bending or coating. The HTSUS subheading is provided for 
convenience and customs purposes. The written description of the scope 
of this order is dispositive.

Partial Rescission of Review

    In the Preliminary Results, the Department preliminarily rescinded 
the review with respect to Hanbo, INI and Kosteel because these 
companies notified the Department that they had no shipments of subject 
merchandise during the POR. We confirmed these claims with U.S. Customs 
and Border Protection (CBP). Pursuant to 19 CFR 351.213(d)(3), the 
Department may rescind an administrative review, in whole or with 
respect to a particular exporter or producer, if the Department 
concludes that, during the period covered by the review, there were no 
entries, exports, or sales of the subject merchandise. Because we found 
no evidence of POR entries of subject merchandise from these companies 
based on our review of entry data from CBP and we did not receive any 
comments from interested parties on our preliminary rescission 
decision, we are rescinding this review with respect to these 
companies. See, e.g., Steel Concrete Reinforcing Bars From Turkey; 
Final Results, Rescission of Antidumping Duty Administrative Review in 
Part, and Determination not to Revoke in Part, 68 FR 53127 (September 
9, 2003) (after finding no evidence of entries of subject merchandise 
from two companies that made ``no-shipments'' claims, the Department 
stated that ``consistent with our practice, we are rescinding our 
review for Diler and Ekinciler'').

Analysis of Comments Received

    The sole issue raised in the case and rebuttal briefs by parties to 
this antidumping duty administrative review is addressed in the 
``Issues and Decision Memorandum'' (Decision Memo) from Stephen J. 
Claeys, Deputy Assistant Secretary for Import Administration, to David 
M. Spooner, Assistant Secretary for Import Administration, dated April 
9, 2007, which is hereby adopted by this notice. The issue which 
parties have raised and to which we have responded in the Decision Memo 
pertains to model-matching criteria. Parties can find a complete 
discussion of the issue raised in this review and the corresponding 
recommendation in this public memorandum which is on file in the 
Central Records Unit, room B-099 of the main Department building. In 
addition, a complete version of the Decision Memo can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Decision Memo are identical in content.

Facts Available

    In the Preliminary Results, pursuant to sections 776(a)(2)(A) and 
776(b) of the Act, we based the dumping margin for Dongil on total 
adverse facts available (AFA) because Dongil failed to respond to the 
Department's antidumping questionnaire. A complete explanation of the 
application of AFA and the corroboration of the selected AFA rate can 
be found in the Preliminary Results, 71 FR at 59441-59443. The 
Department has neither received any comments from interested parties 
with regard to its preliminary decision to apply AFA to Dongil, nor 
obtained any additional information which would lead us to change that 
decision. Accordingly, for the final results, we continue to apply an 
AFA rate of 102.28 percent to Dongil.

Final Results of Review

    We determine that the following weighted-average margin percentages 
exist:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd./Korea Iron and Steel Co., Ltd./        0.00
 Hwanyoung Steel Industries Co., Ltd........................
Dongil Industries Co., Ltd..................................      102.28
------------------------------------------------------------------------

Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries, in accordance with 19 CFR 
351.212(b). The Department will issue assessment instructions directly 
to CBP 15 days after the date of publication of these final results of 
review. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if any importer-specific assessment rate calculated in the final 
results of this review is above de minimis (i.e., is not less than 0.50 
percent). With respect to DSM/KISCO/HSI, we calculated an importer-
specific assessment rate for the subject merchandise by aggregating the 
dumping margins calculated for all the U.S. sales examined and dividing 
this amount by the total entered value of the sales examined.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by DSM/KISCO/HSI included in these final results of review 
for which DSM/KISCO/HSI 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.
    With respect to the companies for which this review was rescinded, 
although they did not have any sales or exports of subject merchandise 
to the United States during the POR, their subject merchandise may have 
entered the United States during the POR under their CBP antidumping 
case number by way of intermediaries (without their knowledge). Fifteen 
days after publication of this notice, the Department will instruct CBP 
to liquidate such entries at the ``All Others'' rate in effect on the 
date of the entry. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    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)(1) of the Act: (1) no cash deposit will be required for DSM/
KISCO/HSI and the cash deposit rate for Dongil will be 102.28 percent; 
(2) for previously reviewed or investigated companies not listed above, 
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 less-than-fair-
value (LTFV) 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; and (4) the cash

[[Page 18632]]

deposit rate for all other manufacturers or exporters will continue to 
be 22.89 percent. This rate is the ``All Others'' rate from the LTFV 
investigation. These deposit requirements shall remain in effect until 
further notice.
    This notice also 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 doubled antidumping duties.
    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 written 
notification of return/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 this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.221.

    Dated: April 9, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

[FR Doc. E7-7084 Filed 4-12-07; 8:45 am]

BILLING CODE 3510-DS-S