11082 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices 

1As noted in the Preliminary Results, on 

December 6, 2007, the Department selected Dongbu, 

HYSCO, the POSCO Group and Union as 

mandatory respondents in this review. See 

Memorandum from Christopher Hargett, 

International Trade Compliance Analyst, through 

James Terpstra, Program Manager, to Melissa 

Skinner, Director, Office 3, entitled ‘‘2006-2007 

Antidumping Duty Administrative Review of 

Corrosion-Resistant Carbon Steel Flat Products from 

the Republic of Korea: Selection of Respondents for 

Individual Review,’’ dated December 6, 2007. 

2See Certain Corrosion-Resistant Carbon Steel 

Flat Products from the Republic of Korea: Notice of 

Final Results of Antidumping Duty New Shipper 

Review, 73 FR 35366 (June 23, 2008). 

liquidate all entries at the appropriate 

rates. 

This notice is published in 

accordance with sections 751(a)(1) and 

777(i) of the Tariff Act of 1930, as 

amended. 

Dated: March 4, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–5665 Filed 3–13–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–580–816) 

Certain Corrosion–Resistant Carbon 

Steel Flat Products from the Republic 

of Korea: Notice of Final Results of the 

Fourteenth Administrative Review and 

Partial Rescission 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On September 9, 2008, the 

Department of Commerce (the 

Department) published the preliminary 

results of the antidumping duty 

administrative review for certain 

corrosion–resistant carbon steel flat 

products (CORE) from the Republic of 

Korea (Korea). See Certain Corrosion– 

Resistant Carbon Steel Flat Products 

From the Republic of Korea: Notice of 

Preliminary Results of the Antidumping 

Duty Administrative Review, 73 FR 

52267 (September 9, 2008) (Preliminary 

Results). This review covers seven 

manufacturers and exporters 

(collectively, the respondents) of the 

subject merchandise: LG Chem., Ltd. 

(LG), Haewon MSC Co. Ltd. (Haewon), 

Dongkuk Industries Co., Ltd. (Dongkuk), 

Dongbu Steel Co., Ltd., (Dongbu), 

Hyundai HYSCO (HYSCO), Pohang Iron 

& Steel Co., Ltd. (POSCO) and Pohang 

Coated Steel Co., Ltd. (POCOS) 

(collectively, the POSCO Group), and 

Union Steel Manufacturing Co., Ltd. 

(Union) (collectively, respondents).1

The period of review (POR) is August 1, 

2006, through July 31, 2007. 

As a result of our analysis of the 

comments received, these final results 

differ from the Preliminary Results. For 

our final results, we find that Dongbu, 

HYSCO, the POSCO Group, and Union, 

made sales of subject merchandise at 

less than normal value (NV). In 

addition, based on the final results for 

the respondents selected for individual 

review, we have determined a 

weighted–average margin for those 

companies that were not selected for 

individual review. Further, we find that 

the single sale made by Haewon during 

the POR was covered by the new 

shipper review published in the Federal 

Register on June 23, 2008,2 and thus, 

Haewon should be rescinded from the 

instant review. 

EFFECTIVE DATE: March 16, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jolanta Lawska (Union), Cindy Robinson 

(Dongbu), Christopher Hargett (HYSCO) 

and Victoria Cho (the POSCO Group, 

and non–selected companies), AD/CVD 

Operations, Office 3, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–8362, (202) 482– 

3797, (202) 482–4161, and (202) 482– 

5075, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 9, 2008, the 

Department published the Preliminary 

Results. In the Preliminary Results, the 

Department determined that during the 

POR, Dongbu, HYSCO, the POSCO 

Group, and Union, made sales of subject 

merchandise at less than normal value 

(NV). In addition, based on the 

preliminary results for the respondents 

selected for individual review, the 

Department calculated a weighted– 

average margin for those companies that 

were not selected for individual review. 

On November 12, 2008, the Department 

extended the time limits for the final 

results of this review until no later than 

March 9, 2009. See Corrosion–Resistant 

Carbon Steel Flat Products from the 

Republic of Korea: Extension of Time 

Limits for the Final Results of 

Antidumping Duty Administrative 

Review, 73 FR 66841 (November 12, 

2008). 

Comments from Interested Parties 

We invited parties to comment on our 

Preliminary Results. On October 9, 

2008, ArcelorMittal Steel Inc. (Mittal), 

United States Steel Corporation (US 

Steel), and Nucor Corporation (Nucor) 

filed case briefs concerning all four 

mandatory respondents. On the same 

day, the four mandatory respondents 

and Haewon filed case briefs. On 

October 17, 2008, Mittal, US Steel, and 

Nucor filed rebuttal briefs concerning 

all of the mandatory respondents. The 

four mandatory respondents filed 

rebuttal briefs on the same day. 

Scope of the Order 

This order covers cold–rolled (cold– 

reduced) carbon steel flat–rolled carbon 

steel products, of rectangular shape, 

either clad, plated, or coated with 

corrosion–resistant metals such as zinc, 

aluminum, or zinc-, aluminum-, nickelor 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 Harmonized 

Tariff Schedule of the United States 

(HTSUS) 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 order are corrosion–resistant flat– 

rolled products of non–rectangular 

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 order 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 order are clad products in straight 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices 11083 

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 order 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 HTSUS item numbers are 

provided for convenience and customs 

purposes. The written descriptions 

remain dispositive. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

administrative review are addressed in 

the accompanying Issues and Decision 

Memorandum, which is hereby adopted 

by this notice. A list of the issues which 

parties have raised, and to which we 

have responded in the Issues and 

Decision Memorandum, is attached to 

this notice as an Appendix. In addition, 

a complete version of the Issues and 

Decision Memorandum can be accessed 

directly on the Internet at http:// 

ia.ita.doc.gov/frn. The paper copy and 

electronic version of the Issues and 

Decision Memorandum are identical in 

content. 

Partial Rescission of Review 

Pursuant to 19 CFR 351.214(j), the 

Department may rescind an 

administrative review, in whole or only 

with respect to a particular exporter or 

producer, if the Secretary concludes 

that, during the period covered by the 

review, the merchandise sold in the U.S. 

was subject to a new shipper review, 

pursuant to section 751(a)(2)(B) of the 

Tariff Act of 1930, as amended (the Act). 

The merchandise sold by Haewon 

during the current review is the same 

merchandise that was examined by the 

Department in a new shipper review. 

See Certain Corrosion–Resistant Carbon 

Steel Flat Products from the Republic of 

Korea: Notice of Final Results of 

Antidumping Duty New Shipper Review, 

73 FR 35366 (June 23, 2008)(Haewon 

New Shipper Review). Therefore, we are 

rescinding this review with respect to 

Haewon in accordance with 19 CFR 

351.214(j). The cash–deposit rate for 

Haewon will remain the rate established 

in the final results of the new shipper 

review. See Haewon New Shipper 

Review. 

Final Results of Review 

We determine that the following 

weighted–average margins exist: 

Manufacturer/exporter Percent 

margin 

Dongbu ....................................... 1.85 

HYSCO ....................................... 1.57 

The POSCO Group .................... 0.53 

Union .......................................... 7.56 

Review–Specific Average Rate 

Applicable to the Following 

Companies3: LG, and 

Dongkuk .................................. 5.01 

3This rate is based on the weighted average of the margins calculated for those companies selected for individual review, excluding de minimis margins or margins based entirely on adverse facts available. 

Assessment 

The Department will determine, and 

U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries, pursuant to 

19 CFR 351.212(b). The Department 

calculated importer–specific duty 

assessment rates on the basis of the ratio 

of the total antidumping duties 

calculated for the examined sales to the 

total entered value of the examined 

sales for that importer. Where the 

assessment rate is above de minimis, we 

will instruct CBP to assess duties on all 

entries of subject merchandise by that 

importer. The Department intends to 

issue appropriate assessment 

instructions directly to CBP 15 days 

after publication of these final results of 

review. 

The Department clarified its 

‘‘automatic assessment’’’ regulation on 

May 6, 2003 (68 FR 23954). This 

clarification applies to POR entries of 

subject merchandise produced by 

companies examined in this review (i.e., 

companies for which a dumping margin 

was calculated) where the companies 

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. For a full discussion of 

this clarification, see Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

Cash Deposit Requirements 

The following deposit requirements 

will be effective upon publication of the 

final results of this administrative 

review for all shipments of CORE from 

Korea entered, or withdrawn from 

warehouse, for consumption on or after 

the publication date of these final 

results, as provided by section 751(a) of 

the Act: (1) for companies covered by 

this review, the cash deposit rate will be 

the rate listed above; (2) for previously 

reviewed or investigated companies 

other than those covered by this review, 

the cash deposit rate will be the 

company–specific rate established for 

the most recent period; (3) if the 

exporter is not a firm covered in this 

review, a prior review, or the less–thanfair–value investigation, but the 

producer is, the cash deposit rate will be 

the rate established for the most recent 

period for the manufacturer of the 

subject merchandise; and (4) if neither 

the exporter nor the producer is a firm 

covered in this review, a prior review, 

or the investigation, the cash deposit 

rate will be 17.70 percent, the all–others 

rate established in the less–than-fair– 

value investigation. These deposit 

requirements shall remain in effect until 

further notice. 

Reimbursement of Duties 

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 and/or 

countervailing duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in the presumption that 

reimbursement of antidumping and/or 

countervailing duties occurred and the 

subsequent increase in antidumping 

duties by the amount of antidumping 

and/or countervailing duties 

reimbursed. 

Administrative Protective Order 

This notice also is the only 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. Timely written 

notification of the 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 these 

results and notice in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act. 

Dated: March 9, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix I 

List of Comments in the Accompanying 

Issues and Decision Memorandum 

A. General Issues 

Comment 1: Model–Match Methodology 

and Laminated Products 

11084 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices 

Comment 2: Treatment of Negative 

Dumping Margins (Zeroing) 

Comment 3: Recalculation of General 

and Administrative (‘‘G&A’’) and 

Financial Expense Ratios 

B. Company–Specific Issues 

Dongbu 

Comment 4: Exclusion of Gains and 

Losses on Currency Forward Contracts 

Comment 5: Exclusion of Losses on the 

Disposal of Accounts Receivable from 

Short Term Interest Rate Calculation 

Union 

Comment 6: Inclusion of Union’s U.S. 

Warehousing Expenses in the 

Calculation of International Movement 

Expense 

Comment 7: The Department’s 

Treatment of Union’s Purchases of Steel 

Substrate from Affiliated and 

Unaffiliated Parties 

POSCO 

Comment 8: Whether to Collapse the 

POSCO Group and Union for the Final 

Results 

Comment 9: The POSCO Group’s Inland 

Freight from Plant to Port Incurred by 

POSCO for Its U.S. Sales 

Comment 10: The Department’s 

Calculation of POCOS’ Loans in the 

Calculation of the Home Market Interest 

Rate 

Comment 11: The Department’s 

Calculation of the POSCO Group’s U.S. 

Indirect Selling Expense (INDIRSU) 

Comment 12: The POSCO Group’s 

Reporting of POCOS’ Home Market 

Warranty 

Comment 13: The POSCO Group’s 

Transaction–Specific Reporting of 

Expenses 

Comment 14: The POSCO Group’s 

Transaction–Specific Reporting of Other 

Transportation Expenses 

Hyundai HYSCO 

Comment 15: Inclusion of Sales to 

Affiliates in the CEP Profit Calculation 

Comment 16: Recalculation of Net 

Interest Expense 

Comment 17: HYSCO’s Window Period 

Comment 18: HYSCO’s Date of Sale 

Haewon 

Comment 19: Haewon’s Cash Deposit 

Rate 

[FR Doc. E9–5631 Filed 3–13–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

C–475–819 

Certain Pasta from Italy: Extension of 

Time Limit for Preliminary Results of 

the 12th (2007) Countervailing Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: March 16, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Andrew McAllister or Shelly Atkinson, 

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) 482–1174 and (202) 

482–0116, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 24, 1996, the Department of 

Commerce (‘‘the Department’’) 

published a countervailing duty order 

on certain pasta from Italy. See Notice 

of Countervailing Duty Order and 

Amended Final Affirmative 

Countervailing Duty Determination: 

Certain Pasta From Italy, 61 FR 38544 

(July 24, 1996). On July 11, 2008, the 

Department published a notice of 

‘‘Opportunity to Request Administrative 

Review’’ of this countervailing duty 

order for calendar year 2007, the period 

of review (‘‘POR’’). See Antidumping or 

Countervailing Duty Order, Finding, or 

Suspended Investigation; Opportunity 

to Request Administrative Review, 73 

FR 39948 (July 11, 2008). In accordance 

with 19 CFR 351.221(c)(1)(i), we 

published a notice of initiation of the 

review on August 26, 2008, for the POR. 

See Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews, 73 FR 50308 (August 26, 2008). 

The preliminary results for this review 

are currently due no later than April 2, 

2009. 

Extension of Time Limits for 

Preliminary Results 

Section 751(a)(3)(A) of the Tariff Act 

of 1930, as amended (‘‘the Act’’), 

requires the Department to issue the 

preliminary results of an administrative 

review within 245 days after the last day 

of the anniversary month of an order for 

which a review is requested and the 

final results of review within 120 days 

after the date on which the preliminary 

results are published. If it is not 

practicable to complete the review 

within the time period, section 

751(a)(3)(A) of the Act allows the 

Department to extend these deadlines to 

a maximum of 365 days and 180 days, 

respectively. 

We are awaiting supplemental 

information from the respondent and 

the Government of Italy in this review. 

Because the Department will require 

additional time to review and analyze 

this supplemental information and may 

issue further supplemental 

questionnaires, it is not practicable to 

complete this review within the 

originally anticipated time limit (i.e., by 

April 2, 2009). Therefore, the 

Department is extending the time limit 

for completion of the preliminary 

results to not later than June 1, 2009, in 

accordance with section 751(a)(3)(A) of 

the Act. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: March 10, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–5646 Filed 3–13–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–475–818) 

Certain Pasta from Italy: Extension of 

Time Limits for the Preliminary Results 

of Twelfth Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Hargett, AD/CVD 

Operations, Office 3, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Ave, NW, Washington, DC 20230; 

telephone (202) 482–4161 

Background 

On August 26, 2008, the U.S. 

Department of Commerce 

(‘‘Department’’) published a notice of 

initiation of the administrative review of 

the antidumping duty order on certain 

pasta from Italy, covering the period 

July 1, 2007 to June 30, 2008. See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews, 73 FR 50308 (August 26, 2008). 

The preliminary results of this review 

are currently due no later than April 2, 

2009.