[Federal Register: January 31, 2007 (Volume 72, Number 20)]
[Notices]
[Page 4486-4490]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja07-30]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-834]
Stainless Steel Sheet and Strip in Coils From the Republic of
Korea; Final Results and Rescission of Antidumping Duty Administrative
Review in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 10, 2006, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on stainless steel sheet and strip in coils
(SSSSC) from the Republic of Korea (Korea) (71 FR 18074). This review
covers five producers/exporters of the subject merchandise to the
United States. The period of review (POR) is July 1, 2004, through June
30, 2005. We are rescinding the review with respect to eight companies
because they had no shipments of subject merchandise to the United
States during the POR.
Based on our analysis of the comments received, we have made
changes in the margin calculation for DaiYang Metal Co., Ltd. (DMC), a
respondent in this review. Therefore, the final results differ from the
preliminary results. The final weighted-average dumping margins for the
reviewed firms are listed below in the section entitled ``Final Results
of Review.''
[[Page 4487]]
EFFECTIVE DATE: January 31, 2007.
FOR FURTHER INFORMATION CONTACT: Irina Itkin or Brianne Riker, AD/CVD
Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC, 20230; telephone: (202) 482-
0656 and (202) 482-0629, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers the following five producers/exporters: Boorim
Corporation (Boorim), Dae Kyung Corporation (Dae Kyung), Dine Trading
Co., Ltd. (Dine), DMC, and Dosko Co., Ltd. (Dosko).
On April 10, 2006, the Department published in the Federal Register
the preliminary results of administrative review of the antidumping
duty order on SSSSC from Korea. See Stainless Steel Sheet and Strip in
Coils from the Republic of Korea; Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 71 FR 18074
(April 10, 2006) (Preliminary Results).
Prior to the preliminary results, the following companies informed
the Department that they had no shipments to the United States during
the POR: BNG Steel Co. (BNG), Hyundai Corporation (Hyundai), NIC
International Co., Ltd. (NIC), Pohang Iron and Steel Co., Ltd. (POSCO),
Samkyung Corporation (Samkyung), Sammi Corporation (Sammi), Samwon
Precision Metals Co., Ltd. (Samwon), and Sun Woo Tech Company (Sun
Woo). We reviewed U.S. Customs and Border Protection (CBP) data and
confirmed that there were no entries of subject merchandise from any of
these companies. Consequently, in accordance with 19 CFR 351.213(d)(3)
and consistent with our practice, we are rescinding our review for BNG,
Hyundai, NIC, POSCO, Samkyoung, Sammi, Samwon, and Sun Woo. For further
discussion, see the ``Partial Rescission of Review'' section of this
notice, below.
We invited parties to comment on our preliminary results of review.
In May 2006, we received case briefs and rebuttal briefs from the
petitioners (i.e., Allegheny Ludlum Corporation, AK Steel Corporation,
North American Stainless, United Auto Workers Local 3303, Zanesville
Armco Independent Organization, Inc., and the United Steelworkers) and
DMC.
Scope of the Order
The products covered are certain stainless steel sheet and strip in
coils. Stainless steel is an alloy steel containing, by weight, 1.2
percent or less of carbon and 10.5 percent or more of chromium, with or
without other elements. The subject sheet and strip is a flat-rolled
product in coils that is greater than 9.5 millimeters in width and less
than 4.75 millimeters in thickness, and that is annealed or otherwise
heat treated and pickled or otherwise descaled. The subject sheet and
strip may also be further processed (e.g., cold-rolled, polished,
aluminized, coated, etc.) provided that it maintains the specific
dimensions of sheet and strip following such processing.
The merchandise subject to this order is classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheadings:
7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81,\1\
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020,
7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042,
7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035,
7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.34.0005,
7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.35.0005,
7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020,
7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005,
7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000,
7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060,
and 7220.90.0080. Although the HTSUS subheadings are provided for
convenience and customs purposes, the Department's written description
of the merchandise under review is dispositive.
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\1\ Due to changes to the HTSUS numbers in 2001, 7219.13.0030,
7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031,
7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively.
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Excluded from the scope of this order are the following: 1) sheet
and strip that is not annealed or otherwise heat treated and pickled or
otherwise descaled; 2) sheet and strip that is cut to length; 3) plate
(i.e., flat-rolled stainless steel products of a thickness of 4.75
millimeters or more); 4) flat wire (i.e., cold-rolled sections, with a
prepared edge, rectangular in shape, of a width of not more than 9.5
millimeters); and 5) razor blade steel. Razor blade steel is a flat-
rolled product of stainless steel, not further worked than cold-rolled
(cold- reduced), in coils, of a width of not more than 23 millimeters
and a thickness of 0.266 millimeters or less, containing, by weight,
12.5 to 14.5 percent chromium, and certified at the time of entry to be
used in the manufacture of razor blades. See Chapter 72 of the HTSUS,
``Additional U.S. Note'' 1(d).
Flapper valve steel is also excluded from the scope. Flapper valve
steel is defined as stainless steel strip in coils containing, by
weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35
percent molybdenum, and between 0.20 and 0.80 percent manganese. This
steel also contains, by weight, phosphorus of 0.025 percent or less,
silicon of between 0.20 and 0.50 percent, and sulfur of 0.020 percent
or less. The product is manufactured by means of vacuum arc remelting,
with inclusion controls for sulphide of no more than 0.04 percent and
for oxide of no more than 0.05 percent. Flapper valve steel has a
tensile strength of between 210 and 300 ksi, yield strength of between
170 and 270 ksi, 8 ksi, and a hardness (Hv) of between 460 and 590.
Flapper valve steel is most commonly used to produce specialty flapper
valves in compressors.
Also excluded is a product referred to as suspension foil, a
specialty steel product that is used in the manufacture of suspension
assemblies for computer disk drives. Suspension foil is described as
302/304 grade or 202 grade stainless steel of a thickness between 14
and 127 microns, with a thickness tolerance of 2.01 microns, and
surface glossiness of 200 to 700 percent Gs. Suspension foil must be
supplied in coil widths of not more than 407 millimeters, and with a
mass of 225 kilograms or less. Roll marks may only be visible on one
side, with no scratches of measurable depth. The material must exhibit
residual stresses of two millimeter depth. The material must exhibit
residual stresses of two millimeters maximum deflection, and flatness
of 1.6 millimeters over 685 millimeters length.
Certain stainless steel foil for automotive catalytic converters is
also excluded from the scope of this order. This stainless steel strip
in coils is a specialty foil with a thickness of between 20 and 110
microns used to produce a metallic substrate with a honeycomb structure
for use in automotive catalytic converters. The steel contains, by
weight, carbon of no more than 0.030 percent, silicon of no
[[Page 4488]]
more than one percent, manganese of no more than one percent, chromium
of between 19 and 22 percent, aluminum of no less than 5.0 percent,
phosphorus of no more than 0.045 percent, sulfur of no more than 0.03
percent, lanthanum of less than 0.002 or greater than 0.05 percent, and
total rare earth elements of more than 0.06 percent, with the balance
iron.
Permanent magnet iron-chromium-cobalt alloy stainless strip is also
excluded from the scope of this order. This ductile stainless steel
strip contains, by weight, 26 to 30 percent chromium, and seven to 10
percent cobalt, with the remainder of iron, in widths 228.6 millimeters
or less, and a thickness between 0.127 and 1.270 millimeters. It
exhibits magnetic remanence between 9,000 and 12,000 gauss, and a
coercivity of between 50 and 300 oersteds. This product is most
commonly used in electronic sensors and is currently available under
proprietary trade names such as ``Arnokrome III.''\2\
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\2\ ``Arnokrome III'' is a trademark of the Arnold Engineering
Company.
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Certain electrical resistance alloy steel is also excluded from the
scope of this order. This product is defined as a non-magnetic
stainless steel manufactured to American Society of Testing and
Materials specification B344 and containing, by weight, 36 percent
nickel, 18 percent chromium, and 46 percent iron, and is most notable
for its resistance to high temperature corrosion. It has a melting
point of 1,390 degrees Celsius and displays a creep rupture limit of
four kilograms per square millimeter at 1,000 degrees Celsius. This
steel is most commonly used in the production of heating ribbons for
circuit breakers and industrial furnaces, and in rheostats for railway
locomotives. The product is currently available under proprietary trade
names such as ``Gilphy 36.''\3\
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\3\ ``Gilphy 36'' is a trademark of Imphy, S.A.
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Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of this order. This high-strength, ductile
stainless steel product is designated under the Unified Numbering
System as S45500-grade steel, and contains, by weight, 11 to 13 percent
chromium, and seven to 10 percent nickel. Carbon, manganese, silicon
and molybdenum each comprise, by weight, 0.05 percent or less, with
phosphorus and sulfur each comprising, by weight, 0.03 percent or less.
This steel has copper, niobium, and titanium added to achieve aging,
and will exhibit yield strengths as high as 1,700 Mpa and ultimate
tensile strengths as high as 1,750 Mpa after aging, with elongation
percentages of 3 percent or less in 50 millimeters. It is generally
provided in thicknesses between 0.635 and 0.787 millimeters, and in
widths of 25.4 millimeters. This product is most commonly used in the
manufacture of television tubes and is currently available under
proprietary trade names such as ``Durphynox 17.''\4\
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\4\``Durphynox 17'' is a trademark of Imphy, S.A.
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Finally, three specialty stainless steels typically used in certain
industrial blades and surgical and medical instruments are also
excluded from the scope of this order. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
carpet knives).\5\ This steel is similar to AISI grade 420 but
containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also
contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of
0.020 percent or less, and includes between 0.20 and 0.30 percent
copper and between 0.20 and 0.50 percent cobalt. This steel is sold
under proprietary names such as ``GIN4 Mo.'' The second excluded
stainless steel strip in coils is similar to AISI 420-J2 and contains,
by weight, carbon of between 0.62 and 0.70 percent, silicon of between
0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent,
phosphorus of no more than 0.025 percent, and sulfur of no more than
0.020 percent. This steel has a carbide density on average of 100
carbide particles per 100 square microns. An example of this product is
``GIN5'' steel. The third specialty steel has a chemical composition
similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent,
molybdenum of between 1.15 and 1.35 percent, but lower manganese of
between 0.20 and 0.80 percent, phosphorus of no more than 0.025
percent, silicon of between 0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product is supplied with a hardness of
more than Hv 500 guaranteed after customer processing, and is supplied
as, for example, ``GIN6.''\6\
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\5\ This list of uses is illustrative and provided for
descriptive purposes only.
\6\ ``GIN4 Mo,'' ``GIN5,'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
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Period of Review
The POR is July 1, 2004, through June 30, 2005.
Partial Rescission of Review
As noted above, BNG, Hyundai, NIC, POSCO, Samkyoung, Sammi, Samwon,
and Sun Woo had no shipments and/or entries of subject merchandise to
the United States during the POR. We have confirmed this with CBP data.
See the November 9, 2005, memorandum to the file from Brianne Riker,
entitled ``Placing U.S. Customs and Border Protection Data on the
Record of the 2004 - 2005 Antidumping Duty Administrative Review of
Stainless Steel Sheet and Strip in Coils from the Republic of Korea.''
Therefore, in accordance with 19 CFR 351.213(d)(3) and consistent with
the Department's practice, we are rescinding our review with respect to
these companies. See, e.g., Certain Steel Concrete Reinforcing Bars
From Turkey; Final Results, Rescission of Antidumping Duty
Administrative Review in Part, and Determination To Revoke in Part, 70
FR 67665, 67666 (Nov. 8, 2005); Certain Steel Concrete Reinforcing Bars
From Turkey; Final Results, Rescission of Antidumping Duty
Administrative Review in Part, and Determination Not To Revoke in Part,
69 FR 64731, 64732 (Nov. 8, 2004); Certain Steel Concrete Reinforcing
Bars From Turkey; Final Results, Rescission of Antidumping Duty
Administrative Review in Part, and Determination Not To Revoke in Part,
68 FR 53127, 53128 (Sept. 9, 2003).
Cost of Production
As discussed in the Preliminary Results, we conducted an
investigation to determine whether DMC made home market sales of the
foreign like product during the POR at prices below its cost of
production (COP) within the meaning of section 773(b)(1) of the Act. We
performed the cost test for these final results following the same
methodology as in the Preliminary Results.
We found that 20 percent or more of DMC's sales of a given product
during the reporting period were at prices less than the weighted-
average COP for this period. Thus, we determined that these below-cost
sales were made in ``substantial quantities'' within an extended period
of time and at prices which did not permit the recovery of all costs
within a reasonable period of time in the normal course of trade. See
sections 773(b)(2)(B) - (D) of the Act.
Therefore, for purposes of these final results, we found that DMC
made below-cost sales not in the ordinary course of trade.
Consequently, we disregarded these sales and used the remaining sales
as the basis for determining normal value pursuant to section 773(b)(1)
of the Act.
Facts Available
In the preliminary results, we determined that, in accordance with
section 776(a)(2)(A) of the Act, the use of facts available was
appropriate as the basis for the dumping margins for the
[[Page 4489]]
following producer/exporters: Boorim, Dae Kyung, Dine, and Dosko. We
find that it continues to be appropriate to apply facts available to
these respondents. Section 776(a) of the Act provides that the
Department will apply ``facts otherwise available'' if, inter alia,
necessary information is not available on the record or an interested
party: (1) Withholds information that has been requested by the
Department; (2) fails to provide such information within the deadlines
established, or in the form or manner requested by the Department,
subject to subsections (c)(1) and (e) of section 782 of the Act; (3)
significantly impedes a proceeding; or (4) provides such information,
but the information cannot be verified.
On August 19, 2005, the Department requested that Boorim, Dae
Kyung, Dine, and Dosko respond to the Department's antidumping duty
questionnaire. The deadline to file a response was September 27, 2005.
The Department did not receive a response from Boorim, Dae Kyung, Dine,
or Dosko. On November 4, 2005, the Department placed a memorandum on
the record with information regarding delivery confirmation of the
questionnaires to each company. See the November 4, 2005, memorandum to
the file from Brianne Riker entitled, ``Placing Information on the
Record of the 2004-2005 Antidumping Duty Administrative Review of
Stainless Steel Sheet and Strip in Coils from Korea.'' Thus, because
these companies did not respond to the Department's questionnaire, as
in the preliminary results, the Department must use facts otherwise
available with regard to Boorim, Dae Kyung, Dine, and Dosko, pursuant
to sections 776(a)(2)(A) and (C) of the Act of the Act. See Preliminary
Results, 71 FR at 18076.
Adverse Facts Available
In selecting from among the facts otherwise available, section
776(b) of the Act authorizes the Department to use an adverse inference
if the Department finds that an interested party failed to cooperate by
not acting to the best of its ability to comply with the request for
information. See, e.g., Notice of Final Results of Antidumping Duty
Administrative Review: Stainless Steel Bar from India, 70 FR 54023,
54025-26 (Sept. 13, 2005); see also Notice of Final Determination of
Sales at Less Than Fair Value and Final Negative Critical
Circumstances: Carbon and Certain Alloy Steel Wire Rod from Brazil, 67
FR 55792, 55794-96 (Aug. 30, 2002). Adverse inferences are appropriate
``to ensure that the party does not obtain a more favorable result by
failing to cooperate than if it had cooperated fully.'' See Statement
of Administrative Action accompanying the Uruguay Round Agreements Act,
H.R. Rep. No. 103-316, Vol. 1, at 870 (1994). Furthermore,
``affirmative evidence of bad faith on the part of a respondent is not
required before the Department may make an adverse inference.'' See
Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296,
27340 (May 19, 1997); Nippon Steel Corp. v. United States, 337 F.3d
1373, 1382 (Fed. Cir. 2003) (Nippon). We find that Boorim, Dae Kyung,
Dine, and Dosko did not act to the best of their abilities in this
proceeding, within the meaning of section 776(b) of the Act, because
they failed to respond to the Department's questionnaire. Therefore, an
adverse inference is warranted in selecting facts otherwise available.
See Nippon, 337 F.3d at 1382-83.
Section 776(b) of the Act provides that the Department may use as
adverse facts available (AFA), information derived from: 1) the
petition; 2) the final determination in the investigation; 3) any
previous review; or 4) any other information placed on the record.
The Department's practice, when selecting an AFA rate from among
the possible sources of information, has been to ensure that the margin
is sufficiently adverse ``as to effectuate the statutory purposes of
the adverse facts available rule to induce respondents to provide the
Department with complete and accurate information in a timely manner.''
See, e.g., Carbon and Certain Alloy Steel Wire Rod from Brazil: Notice
of Final Determination of Sales at Less Than Fair Value and Final
Negative Critical Circumstances, 67 FR 55792, 55796 (Aug. 30, 2002);
Notice of Final Determination of Sales at Less Than Fair Value: Static
Random Access Memory Semiconductors from Taiwan, 63 FR 8909, 8932 (Feb.
23, 1998). Additionally, the Department's practice has been to assign
the highest margin determined for any party in the less-than-fair-value
(LTFV) investigation or in any administrative review of a specific
order to respondents who have failed to cooperate with the Department.
See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, 71 FR 40064, 40066 (July 14, 2006); Final
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled
Flat-Rolled Carbon Quality Steel Products from the People's Republic of
China, 65 FR 34660 (May 31, 2000), and accompanying Issues and Decision
Memorandum at the ``Facts Available'' section.
In order to ensure that the margin is sufficiently adverse so as to
induce cooperation, we have assigned a rate of 58.79 percent, which was
the rate alleged in the petition, as adjusted at the initiation of the
LTFV investigation, to Boorim, Dae Kyung, Dine, and Dosko. This rate
was assigned in a previous segment of this proceeding and is the
highest rate determined for any respondent in any segment of this
proceeding. See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value: Stainless Steel Plate in Coils from the Republic
of Korea; and Stainless Steel Sheet and Strip in Coils from the
Republic of Korea, 66 FR 45279 (Aug. 28, 2001). The Department finds
that this rate is sufficiently high as to effectuate the purpose of the
facts available rule (i.e., we find that this rate is high enough to
encourage participation in future segments of this proceeding in
accordance with section 776(b) of the Act). We continue to find that
the information upon which this margin is based has sufficient
probative value to satisfy the requirements of section 776(c) of the
Act. See Preliminary Results, 71 FR at 18077.
Neither Boorim, Dae Kyung, Dine, Dosko nor any other interested
party submitted comments regarding the Department's preliminary
corroboration analysis for purposes of the final results. Therefore, we
have continued to assign to exports of the subject merchandise by
Boorim, Dae Kyung, Dine, and Dosko the rate of 58.79 percent.
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review and to which we have responded are listed in the
Appendix to this notice and addressed in the Issues and Decision
Memorandum (Decision Memo), which is adopted by this notice. Parties
can find a complete discussion of all issues raised in this review and
the corresponding recommendations in this public memorandum, which is
on file in the Central Records Unit, room B-099, of the main Department
building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov/frn/. The paper
copy and electronic version of the Decision Memo are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made certain
changes in the margin calculation for DMC. These changes are discussed
in the relevant sections of the Decision Memo.
[[Page 4490]]
Final Results of Review
We determine that the following weighted-average margin percentages
exist for the period July 1, 2004, through June 30, 2005:
------------------------------------------------------------------------
Manufacturer/Producer/Exporter Margin Percentage
------------------------------------------------------------------------
Boorim Corporation.................................. 58.79
Dae Kyung Corporation............................... 58.79
DaiYang Metal Co., Ltd.............................. 3.77
Dine Trading Co., Ltd............................... 58.79
Dosko Co., Ltd...................................... 58.79
------------------------------------------------------------------------
Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1),
because we have the reported entered value of DMC's U.S. sales, we have
calculated importer-specific assessment rates for DMC based on the
ratio of the total amount of antidumping duties calculated for the
examined sales to the total entered value of those sales. For Boorim,
Dae Kyung, Dine, and Dosko, we will instruct CBP to liquidate entries
at the rates indicated above. The Department will issue appraisement
instructions directly to CBP. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know their merchandise was destined for the United States, as well as
any companies for which we are rescinding the review based on claims of
no shipments. 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 this notice of final results of administrative review
for all shipments of SSSSC from Korea entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Act: (1) The cash deposit rates
for the reviewed companies will be the rates indicated above; (2) for
previously 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, or in the LTFV investigation, but the manufacturer is, then the
cash deposit rate will be the rate established for the most recent
period for the manufacturer of the merchandise; and (4) the cash
deposit rate for all other manufacturers or exporters will continue to
be 2.49 percent, the All Others rate established in the LTFV
investigation.
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as the only 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
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 this determination and notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix Issues in Decision Memo
1. Constructed Export Price (CEP) Offset
2. Offset for Countervailing (CVD) Duties
3. U.S. Indirect Selling Expense (ISE) Ratio
4. U.S. Date of Sale
5. Home Market Sale Date of Sale
6. Home Market Early Payment and Quantity Discounts
7. Home Market Credit Expenses
8. Whether to Apply an Adverse Inference to DMC's Reported Yield
Information
9. DMC's Hot Coil Purchases
[FR Doc. E7-1462 Filed 1-30-07; 8:45 am]
BILLING CODE 3510-DS-S