[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Notices]
[Pages 21527-21529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8604]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-836]


Certain Cut-to-Length Carbon-Quality Steel Plate Products From 
the Republic of Korea: Final Results of Antidumping Duty Administrative 
Review

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

SUMMARY: On January 13, 2012, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on certain cut-to-length carbon-quality steel plate products 
from the Republic of Korea. The review covers one manufacturer/
exporter. The period of review is February 1, 2010, through

[[Page 21528]]

January 31, 2011. The final margin is listed below in the ``Final 
Results of the Review'' section of this notice.

DATES: Effective Date: April 10, 2012.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-5760.

SUPPLEMENTARY INFORMATION:

Background

    On January 13, 2012, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain cut-to-length carbon-quality steel 
plate products (CTL plate) from the Republic of Korea (Korea).\1\
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    \1\ See Certain Cut-to-Length Carbon-Quality Steel Plate 
Products From the Republic of Korea: Preliminary Results of 
Antidumping Duty Administrative Review, 77 FR 2032 (January 13, 
2012) (Preliminary Results).
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    We invited interested parties to comment on the Preliminary 
Results. On February 13, 2012, we received a case brief from Dongkuk 
Steel Mill Co., Ltd. (DSM). On February 21, 2012, we received a 
rebuttal brief from Nucor Corporation.

Scope of the Order

    The products covered by the antidumping duty order are certain hot-
rolled carbon-quality steel: (1) Universal mill plates (i.e., flat-
rolled products rolled on four faces or in a closed box pass, of a 
width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or 
actual thickness of not less than 4 mm, which are cut-to length (not in 
coils) and without patterns in relief), of iron or non-alloy quality 
steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual 
thickness of 4.75 mm or more and of a width which exceeds 150 mm and 
measures at least twice the thickness, and which are cut-to-length (not 
in coils). Steel products included in the scope of the order are of 
rectangular, square, circular, or other shape and of rectangular or 
non-rectangular cross section where such non-rectangular 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. Steel products that meet the 
noted physical characteristics that are painted, varnished, or coated 
with plastic or other non-metallic substances are included within the 
scope. Also, specifically included in the scope of the order are high 
strength, low alloy (HSLA) steels. HSLA steels are recognized as steels 
with micro-alloying levels of elements such as chromium, copper, 
niobium, titanium, vanadium, and molybdenum. Steel products included in 
the scope, regardless of Harmonized Tariff Schedule of the United 
States (HTSUS) definitions, are products in which: (1) Iron 
predominates, by weight, over each of the other contained elements, (2) 
the carbon content is two percent or less, by weight, and (3) none of 
the elements listed below is equal to or exceeds the quantity, by 
weight, respectively indicated: 1.80 percent of manganese, or 1.50 
percent of silicon, or 1.00 percent of copper, or 0.50 percent of 
aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 
0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of 
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or 
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent 
zirconium. All products that meet the written physical description, and 
in which the chemistry quantities do not equal or exceed any one of the 
levels listed above, are within the scope of the order unless otherwise 
specifically excluded. The following products are specifically excluded 
from the order: (1) Products clad, plated, or coated with metal, 
whether or not painted, varnished or coated with plastic or other non-
metallic substances; (2) SAE grades (formerly AISI grades) of series 
2300 and above; (3) products made to ASTM A710 and A736 or their 
proprietary equivalents; (4) abrasion-resistant steels (i.e., USS AR 
400, USS AR 500); (5) products made to ASTM A202, A225, A514 grade S, 
A517 grade S, or their proprietary equivalents; (6) ball bearing 
steels; (7) tool steels; and (8) silicon manganese steel or silicon 
electric steel.
    Imports of CTL plate are currently classified in the 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. The HTSUS subheadings are provided for convenience and 
customs purposes. The written description of the merchandise covered by 
the order is dispositive.

Analysis of the Comments Received

    The issue raised in DSM's case brief is addressed in the ``Issues 
and Decision Memorandum'' (Decision Memo) from Acting Deputy Assistant 
Secretary Gary Taverman to Assistant Secretary Paul Piquado dated 
concurrently with this notice, which is hereby adopted by this notice. 
The sole issue which DSM has raised and to which we have responded is 
related to zeroing. The Decision Memo is a public document and is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available in the Central Records Unit, room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Decision Memo can be accessed directly on the Import 
Administration Web site at http://ia.ita.doc.gov/frn/index.html. The 
signed Decision Memo and the electronic versions of the Decision Memo 
are identical in content.

Final Results of the Review

    As a result of this review, we determine that the weighted-average 
dumping margin for DSM is 1.64 percent for the period February 1, 2010, 
through January 31, 2011.
    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), we calculated an 
importer-specific assessment rate for the final results of review. We 
divided the total dumping margins for the reviewed sales by the total 
entered value of those reviewed sales for the importer. We will 
instruct CBP to assess the importer-specific rate uniformly, as 
appropriate, on all entries of subject merchandise made by the relevant 
importer during the period of review. See 19 CFR 351.212(b).
    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) (Assessment 
of Antidumping Duties). This clarification will apply to entries of 
subject merchandise during the period of review produced by DSM for 
which DSM did not know its merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries of the DSM-produced merchandise at the all-others rate if there 
is no rate for the

[[Page 21529]]

intermediate company(ies) involved in the transaction. See Assessment 
of Antidumping Duties for a full discussion of this clarification.
    The Department will issue instructions to CBP 15 days after the 
publication of the final results of 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)(C) of the Tariff Act of 1930, as amended 
(the Act): (1) The cash deposit rate for DSM will be the 1.64 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 less-than-fair-value 
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) if neither the exporter nor the manufacturer has 
its own rate, the cash deposit rate will be 0.98 percent,\2\ 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 deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \2\ See Preliminary Results, 77 FR at 2036, and Certain Cut-to-
Length Carbon-Quality Steel Plate Products From the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review, 74 
FR 19046, 19048 (April 27, 2009).
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Notification to Importer

    This notice 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the APO itself. See 19 CFR 351.305(a)(3). Timely 
written notification of the 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) of the Act 
and 19 CFR 351.221(b)(5).

    Dated: April 4, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-8604 Filed 4-9-12; 8:45 am]
BILLING CODE 3510-DS-P