[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Notices]
[Pages 19046-19048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9553]


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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 December 19, 2008, 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 (steel plate) from the Republic of Korea 
(Korea). The period of review is February 1, 2007, through January 31, 
2008. We gave interested parties an opportunity to comment on the 
preliminary results. Based on our analysis of the comments received and 
an examination of our calculations, we have made changes for the final 
results. The final weighted-average dumping margin is listed below in 
the ``Final Results of the Review'' section of this notice.

DATES: Effective Date: April 27, 2009.

FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
5287 and (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 19, 2008, the Department published Certain Cut-to-
Length Carbon-Quality Steel Plate Products From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review, 73 FR 
77614 (December 19, 2008) (Preliminary Results), in the Federal 
Register. The administrative review covers one producer of the subject 
merchandise, Dongkuk Steel Mill Co., Ltd. (DSM).
    We invited parties to comment on the Preliminary Results. We 
received case

[[Page 19047]]

briefs from DSM and a domestic producer and interested party, 
ArcelorMittal USA Inc. (ArcelorMittal). We received a rebuttal brief 
from DSM. At the request of ArcelorMittal, we held a hearing on 
February 4, 2009.
    We have conducted this review in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act).

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 steel plate are currently classified in the 
HTSUS under subheadings 7208.40.3030, 7208.40.3060, 7208.51.0030, 
7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 
7226.91.8000, and 7226.99.0000. The HTSUS subheadings are provided for 
convenience and customs purposes. The written description of the 
merchandise covered by the order is dispositive.

Analysis of Comments Received

    The issues raised in the case and rebuttal briefs are addressed in 
the ``Issues and Decision Memorandum'' (Decision Memorandum) from John 
M. Andersen, Acting Deputy Assistant Secretary, to Ronald K. Lorentzen, 
Acting Assistant Secretary, dated April 20, 2009, which is hereby 
adopted by this notice. A list of the issues which parties have raised 
and to which we have responded is in the Decision Memorandum and 
attached to this notice as an Appendix. The Decision Memorandum, which 
is a public document, is on file in the Central Records Unit, main
    Department building, Room 1117 and accessible on the Web at http://ia.ita.doc.gov/frn/index. html. The paper copy and electronic version 
of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we corrected an 
error involving the improper setting of the length of the control 
numbers we use for matching U.S. sales to home-market sales. The error 
resulted in incorrect matches of U.S. sales to home-market sales. We 
have corrected this error. See the Final Analysis Memorandum for DSM 
dated April 20, 2009, for detailed information on this correction.

Final Results of Review

    As a result of our review, we determine that the weighted-average 
dumping margin for DSM is 5.59 percent for the period February 1, 2007, 
through January 31, 2008.

Assessment Rates

    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 have calculated an 
importer-specific assessment rate for these 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 reported importer. We 
will instruct CBP to assess the importer-specific rate uniformly 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 DSM-produced merchandise 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 Assessment of 
Antidumping Duties.
    The Department will issue liquidation instructions to CBP 15 days 
after the publication of these final results of review.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of steel plate from Korea entered, or

[[Page 19048]]

withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2)(C) of the Act: (1) the 
cash-deposit rate for DSM will be 5.59 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, the all-others rate established 
in the LTFV investigation,\1\ adjusted for the export-subsidy rate in 
the companion countervailing duty investigation.\2\ These deposit 
requirements shall remain in effect until further notice.
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    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Cut-To-Length Carbon-Quality Steel Plate Products 
from Korea, 64 FR 73196, 73214 (December 29, 1999). See also 
Memorandum To The File from Lyn Johnson concerning All-Others Rate, 
dated December 12, 2008.
    \2\ See Final Affirmative Countervailing Duty Determination: 
Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic 
of Korea, 64 FR 73176, 73181-86 (December 29, 1999), as amended in 
Notice of Amended Final Determinations: Certain Cut-to-Length 
Carbon-Quality Steel Plate From India and the Republic of Korea; and 
Notice of Countervailing Duty Orders: Certain Cut-To-Length Carbon-
Quality Steel Plate From France, India, Indonesia, Italy, and the 
Republic of Korea, 65 FR 6587, 6588 (February 10, 2000).
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Notification

    This notice serves as a 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.
    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 in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
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.
    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: April 20, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

List of Issues Addressed in the Issues and Decision Memorandum

Comment 1 - U.S. Indirect Selling Expenses
Comment 2 - Home-Market Freight Expenses
Comment 3 - Brokerage and Handling Expenses
Comment 4 - Short-Term Interest Rate
Comment 5 - Bank Charges
[FR Doc. E9-9553 Filed 4-24-09; 8:45 am]
BILLING CODE 3510-DS-S