[Federal Register: May 12, 2004 (Volume 69, Number 92)]
[Notices]
[Page 26361-26363]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my04-27]
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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 and Rescission in Part of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results and rescission in part of antidumping
duty administrative review.
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SUMMARY: On November 6, 2003, 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 review covers steel plate exported to the United States by
Dongkuk Steel Mill Co., Ltd. (DSM) during the period from February 1,
2002 through January 31, 2003. We provided interested parties with an
opportunity to comment on the preliminary results of review. After
analyzing the comments
[[Page 26362]]
received, we have made no changes in the margin calculation. The final
weighted-average dumping margin for the reviewed firm is listed below
in the section entitled, ``Final Results of Review.''
EFFECTIVE DATE: May 12, 2004.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Howard Smith, AD/CVD
Enforcement, Office IV, Group II, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th and
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202)
482-2769 or (202) 482-5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2003, the Department published in the Federal
Register the preliminary results of the administrative review of the
antidumping duty order on steel plate from Korea. See Certain Cut-to-
Length Carbon-Quality Steel Plate Products From the Republic of Korea:
Preliminary Results and Rescission in Part of Antidumping Duty
Administrative Review, 68 FR 62770 (November 6, 2003) (Preliminary
Results). In response to the Department's invitation to comment on the
Preliminary Results of this review, DSM filed a case brief on December
8, 2003. No other interested party filed case or rebuttal briefs.
The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Scope of the Review
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 1,250 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 to be 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 this
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 to be
included in this 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. The merchandise subject to the order is 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, 7226.99.0000. Although the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
merchandise covered by the order is dispositive.
Period of Review
The period of review (POR) is February 1, 2002 through January 31,
2003.
Rescission of Review
We preliminarily rescinded the review with respect to Korea Iron &
Steel Co., Ltd. (KISCO) and Union Steel Manufacturing Co., Ltd. (Union)
because they reported that they made no shipments of subject
merchandise during the POR. The Department reviewed U.S. Customs and
Border Protection (CBP) data, which supports the claims that these
companies did not export subject merchandise during the POR. The record
evidence demonstrates that KISCO and Union did not export subject
merchandise during the POR. We received no comment on this issue.
Therefore, in accordance with 19 C.F.R. Sec. 351.213(d)(3) and
consistent with Department's practice, we are rescinding this
administrative review with respect to KISCO and Union.
Section 201 Duties
In the Preliminary Results, the Department noted that it had not
previously addressed the appropriateness of deducting section 201
duties from U.S. prices. Since the Preliminary Results, the Department
has determined not to deduct 201 duties from U.S. prices in calculating
dumping margins. The reasons for this decision are set forth in
Stainless Steel Wire Rod from the Republic of Korea: Final Results of
Antidumping Duty Administrative Review, 69 FR 19154 (April 12, 2004).
Consistent with this decision, the Department has not deducted 201
duties from U.S. prices in calculating dumping margins for these final
results.
Analysis of Comments Received
All issues raised in the case brief submitted by DSM are addressed
in the ``Issues and Decision Memorandum'' from Holly A. Kuga, Acting
Deputy Assistant Secretary, to James J. Jochum, Assistant Secretary for
Import Administration (Issues and Decision Memorandum). The Issues and
Decision Memorandum is dated concurrently with this notice and is
hereby adopted by this notice. A list of the issues which the parties
have raised is attached to this notice as an appendix. Parties can
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find a complete discussion of all issues raised in this administrative
review, and the corresponding recommendations, in the Issues and
Decision Memorandum which is on file in the Central Records Unit, room
B-099 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the Web at ``http://ia.ita.doc.gov''. The paper copy and
the electronic version of the Issues and Decision Memorandum are
identical in content.
Final Results of Review
We determine that the following weighted-average percentage margin
exists for the period February 1, 2002 through January 31, 2003:
------------------------------------------------------------------------
Exporter/Manufacturer Margin (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd......................... 0.85
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Cash Deposit Requirements
The following cash 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 withdrawn from
warehouse, for consumption on or after the date of publication of this
notice, as provided by section 751(a)(1) of the Act: (1) the cash
deposit rate for DSM will be the rate shown above; (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 review 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) if neither the exporter nor
the manufacturer is a firm covered by any segment of this proceeding,
the cash deposit rate will be the ``all others'' rate of 0.98 percent,
which is the ``all others'' rate established in the LTFV investigation,
adjusted for the export subsidy rate found in the countervailing duty
investigation. These deposit requirements, when imposed, shall remain
in effect until publication of the final results of the next
administrative review.
Assessment
The Department will determine, and the CBP shall assess,
antidumping duties on all appropriate entries. In accordance with 19
C.F.R. Sec. 351.212(b)(1), the Department has calculated an importer-
specific assessment rate for merchandise subject to this review. Where
the importer-specific assessment rate is above de minimis, we will
instruct the CBP to assess the calculated assessment rate against the
entered customs values of the subject merchandise on each of the
importer's entries during the POR. The Department will issue the
appropriate assessment instructions directly to the CBP within 15 days
of publication of these final results of review.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 C.F.R. Sec. 351.402(f)(2) to file a
certificate regarding the reimbursement of antidumping duties or
countervailing duties prior to liquidation of the relevant entries
during this review period. Failure to comply with this requirement may
result in the Secretary's presumption that reimbursement of antidumping
and/or countervailing duties occurred and the subsequent increase in
antidumping duties by the full amount of the antidumping and/or
countervailing duties reimbursed.
Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 Sec. C.F.R. 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 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)(1) of the Act.
Dated: May 4, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
Appendix Issues in Decision Memorandum
Comment 1: Whether Dongkuk Steel Mill Co., Ltd. and Dongkuk Industries
Co., Ltd. are affiliated
Comment 2: Whether the Department of Commerce should grant Dongkuk
Steel Mill Co., Ltd. a constructed export price (CEP) offset
[FR Doc. 04-10773 Filed 5-11-04; 8:45 am]