[Federal Register Volume 65, Number 80 (Tuesday, April 25, 2000)]
[Notices]
[Pages 24180-24182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10300]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-815 & A-580-816]


Notice of Amended Final Results of Antidumping Duty 
Administrative Reviews: Certain Cold-Rolled and Corrosion-Resistant 
Carbon Steel Flat Products From Korea

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

ACTION: Notice of Amendment to Final Results of Antidumping Duty 
Administrative Reviews.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce (``Department'') is amending its 
final results of reviews, published March 13, 2000, of the antidumping 
duty orders on cold-rolled and corrosion-resistant carbon steel flat 
products from Korea, to reflect the correction of ministerial errors in 
those final results. The period covered by these amended final results 
is August 1, 1997 through July 31, 1998.

EFFECTIVE DATE: April 25, 2000.

FOR FURTHER INFORMATION CONTACT: Juanita Chen (Dongbu), Becky Hagen 
(the POSCO Group), Robert Bolling, or James Doyle, Enforcement Group 
III, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue, 
N.W., Washington, D.C. 20230, telephone 202-482-0409 (Chen), 202-482-
3362 (Hagen), 202-482-3434 (Bolling), or 202-482-0159 (Doyle), fax 202-
482-1388.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 1930 
(``Act'') are references to the provisions effective January 1, 1995, 
the effective date of the amendments made to the Act by the Uruguay 
Round Agreements Act (``URAA''). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
regulations at 19 CFR Part 351 (1998).

Scope of the Reviews

    The review of ``certain cold-rolled carbon steel flat products'' 
covers cold-rolled (cold-reduced) carbon steel flat-rolled products, of 
rectangular shape, neither clad, plated nor coated with metal, whether 
or not painted, varnished or coated with plastics or other nonmetallic 
substances, 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 (``HTS'') 
under item numbers 7209.15.0000, 7209.16.0030, 7209.16.0060, 
7209.16.0090, 7209.17.0030, 7209.17.0060, 7209.17.0090, 7209.18.1530, 
7209.18.1560, 7209.18.2550, 7209.18.6000, 7209.25.0000, 7209.26.0000, 
7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7210.90.9000, 
7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 
7211.23.6060, 7211.23.6085, 7211.29.2030, 7211.29.2090, 7211.29.4500, 
7211.29.6030, 7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
7212.50.0000, 7215.50.0015, 7215.50.0060, 7215.50.0090, 7215.90.5000, 
7217.10.1000, 7217.10.2000,

[[Page 24181]]

7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 
7217.90.5090. Included in this review are flat-rolled products of 
nonrectangular cross-section where such cross-section is achieved 
subsequent to the rolling process (i.e., products which have been 
``worked after rolling'')--for example, products which have been 
beveled or rounded at the edges. Excluded from this review is certain 
shadow mask steel, i.e., aluminum-killed, cold-rolled steel coil that 
is open-coil annealed, has a carbon content of less than 0.002 percent, 
is of 0.003 to 0.012 inch in thickness, 15 to 30 inches in width, and 
has an ultra flat, isotropic surface.
    The review of ``certain corrosion-resistant carbon steel flat 
products'' 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 HTS under item numbers 7210.30.0030, 7210.30.0060, 
7210.41.0000, 7210.49.0030, 7210.49.0090, 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, 7217.90.5090. 
Included in this review are flat-rolled products of nonrectangular 
cross-section where such cross-section is achieved subsequent to the 
rolling process (i.e., products which have been ``worked after 
rolling'')--for example, products which have been beveled or rounded at 
the edges. Excluded from this review 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 this review 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 this review 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 HTS item numbers are provided for convenience and U.S. 
Customs purposes. The written descriptions remain dispositive.

Amendment of Final Results

    On March 13, 2000, the Department published the final results of 
its administrative reviews of the antidumping duty orders on certain 
cold-rolled and corrosion-resistant carbon steel flat products from 
Korea, for the period August 1, 1997 through July 31, 1998. See Certain 
Cold-Rolled and Corrosion-Resistant Carbon Steel Flat Products from 
Korea: Final Results of Antidumping Duty Administrative Reviews, 65 FR 
13359 (March 13, 2000) (``final results''). The reviews covered 
shipments of subject merchandise by Dongbu Steel Co., Ltd. 
(``Dongbu''), Union Steel Manufacturing Co., Ltd. (``Union''), and 
Pohang Iron and Steel Co., Ltd. (``POSCO''). (POSCO and the companies 
collapsed with POSCO (Pohang Coated Steel Co., Ltd. (``POCOS'') and 
Pohang Steel Industries Co., Ltd. (``PSI'')), are collectively referred 
to as ``the POSCO Group''.)
    On March 14, 2000, the POSCO Group submitted a clerical error 
allegation. On March 15, 2000, Petitioners alleged ministerial errors 
in the final results for Dongbu. On March 20, 2000, Dongbu responded to 
Petitioners' allegations. The allegations and rebuttal comments were 
filed in a timely fashion.

Dongbu

    Comment 1: Petitioners argue that the Department erred in its 
calculations for corrosion-resistant products by incorrectly setting 
the comparison window of time for matching U.S. sales with home market 
sales. Dongbu argues that the Department's programming on this issue in 
the final results remains the same as it was in the preliminary 
results. Dongbu argues that by failing to raise the issue in their case 
brief, Petitioners are barred from raising the issue now.
    Department's Position: After a review of the allegation and 
response, we agree with Petitioners and have corrected the comparison 
window in our program. For the computer code we used to correct this 
ministerial error, see the Memorandum from Juanita Chen to Edward Yang, 
dated March 22, 2000 (``Amended Final Results Analysis Memorandum''), a 
public version of which is available in the Central Records Unit, Room 
B-099 of the Department of Commerce building, 14th Street and 
Constitution Ave, N.W., Washington, D.C.
    Comment 2: Petitioners argue that the Department erred in its 
calculations for corrosion-resistant products by excluding from its 
analysis certain home market sales which should have been included 
because the Department compared prices for those sales in U.S. dollars 
to an amount in Korean won for purposes of the arm's length test. 
Petitioners state that the Department should amend its final results to 
convert the home market price in U.S. dollars to Korean won before 
determining whether such sales should be excluded from its margin 
calculation. Dongbu argues that the Department's programming on this 
issue in the final results remains the same as it was in the 
preliminary results. Dongbu argues that by failing to raise the issue 
in their case brief, Petitioners are barred from raising the issue now.
    Department's Position: We agree with Petitioners. The home market 
price values reported in U.S. dollars should have been converted to 
Korean won before those values were compared to an amount in Korean won 
for the purposes of determining which home market sales should be 
eliminated because, inter alia, they were not made at arm's length. 
Accordingly, we have converted these home market sales from U.S. 
dollars to Korean won before determining which home market sales to 
exclude from our margin calculation. For the computer code we used to 
correct this ministerial error, see the Amended Final Results Analysis 
Memorandum, a public version of which is available in the Central 
Records Unit, Room B-099 of the Department of Commerce building, 14th 
Street and Constitution Ave, N.W., Washington, D.C.

POSCO

    Comment 3: The POSCO Group argues that the Department erred in its 
calculations for cold-rolled products by

[[Page 24182]]

incorrectly matching the quality physical characteristic for home 
market and U.S. sales.
    Department's Position: We agree with the POSCO Group and have 
corrected our model match program to reflect the proper quality 
physical matching characteristic for the home and U.S. markets. For the 
computer code we used to correct this ministerial error, see the 
Memorandum from Becky Hagen to Edward Yang, dated March 21, 2000, a 
public version of which is available in the Central Records Unit, Room 
B-099 of the Department of Commerce building, 14th Street and 
Constitution Ave, N.W., Washington, D.C.

Amended Final Results of Review

    As a result of the corrections, we have determined that duty 
absorption has occurred with respect to the percentages of sales shown 
below which were made through Respondents' U.S. affiliates and which 
had positive dumping margins:

------------------------------------------------------------------------
                                                              Percentage
                                                               of U.S.
                                                             affiliate's
               Producer/manufacturer/exporter                 sales with
                                                               dumping
                                                               margins
------------------------------------------------------------------------
Certain Cold-Rolled Carbon Steel Flat Products: The POSCO           1.16
 Group.....................................................
Certain Corrosion-Resistant Carbon Steel Flat Products:
  Dongbu...................................................        20.68
  The POSCO Group..........................................         6.85
------------------------------------------------------------------------

    The percentages for Union remain unchanged from the final results. 
Additionally, we have determined that the following weighted-average 
margins exist for the period August 1, 1997 through July 31, 1998:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
               Producer/manufacturer/exporter                  percent
                                                                margin
------------------------------------------------------------------------
Certain Cold-Rolled Carbon Steel Flat Products:
  Dongbu...................................................         0.00
  The POSCO Group..........................................         0.10
Certain Corrosion-Resistant Carbon Steel Flat Products:
    Dongbu.................................................         1.42
    The POSCO Group........................................         0.68
------------------------------------------------------------------------

    The weighted-average margins for Union remain unchanged from the 
final results.
    The Department shall determine, and the U.S. Customs Service 
(``Customs'') shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b), we have calculated 
exporter/importer-specific assessment rates. With respect to both 
export price and constructed export price sales, we divided the total 
dumping margins for the reviewed sales by the total entered value of 
those reviewed sales for each importer. We will direct Customs to 
assess the resulting percentage margins against the entered Customs 
values for the subject merchandise on each of that importer's entries 
under the relevant order during the review period. Notwithstanding the 
previous sentence, and pursuant to 19 CFR 351.106(c)(2), we will 
instruct Customs to liquidate without regard to antidumping duties all 
entries of subject merchandise made during the August 1, 1997 through 
July 31, 1998 review period which were made by any person for which the 
importer-specific assessment rate calculated in accordance with 19 CFR 
351.212(b)(1) is less than 0.5 percent ad valorem, or the equivalent 
specific rate.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of amended final results of administrative 
reviews for all shipments of cold-rolled and corrosion-resistant carbon 
steel flat products from Korea entered, or withdrawn from warehouse, 
for consumption on or after the date of publication, as provided by 
section 751(a)(1) of the Act: (1) The cash deposit rates for the 
reviewed companies will be the rates shown above except that, for firms 
whose weighted-average margins are less than 0.5 percent and therefore 
de minimis, the Department shall require no deposit of estimated 
antidumping duties; (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 deposit rate for all other manufacturers or exporters will 
continue to be 14.44 percent (for certain cold-rolled carbon steel flat 
products) or 17.70 percent (for certain corrosion-resistant carbon 
steel flat products). These rates are the ``all others'' rates from the 
LTFV investigations. 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).
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: April 14, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-10300 Filed 4-24-00; 8:45 am]
BILLING CODE 3510-DS-P