[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Notices]
[Pages 11082-11084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5631]


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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.
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    \1\ As 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.
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    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.
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    \2\ 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).

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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-, 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 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

[[Page 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[percnt]-60[percnt]-
20[percnt] 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:

------------------------------------------------------------------------
                                                                Percent
                    Manufacturer/exporter                       margin
------------------------------------------------------------------------
Dongbu......................................................        1.85
HYSCO.......................................................        1.57
The POSCO Group.............................................        0.53
Union.......................................................        7.56
Review-Specific Average Rate Applicable to the Following            5.01
 Companies\3\: LG, and Dongkuk..............................
------------------------------------------------------------------------
\3\ This 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-than-fair-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

[[Page 11084]]

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