[Federal Register: February 12, 2007 (Volume 72, Number 28)]
[Notices]
[Page 6528-6530]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe07-38]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-580-829
Stainless Steel Wire Rod from the Republic of Korea: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 11, 2006, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on stainless steel wire rod (SSWR) from the Republic of
Korea. 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 certain changes for
the final results. The final weighted-average dumping margins for the
respondents are listed below in the ``Final Results of the Review''
section of this notice.
EFFECTIVE DATE: February 12, 2007.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer at (202) 482-0410 or
Richard Rimlinger at (202) 482-4477, AD/CVD Operations, Office 5,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14\th\ Street and Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On October 11, 2006, the Department of Commerce (the Department)
published Stainless Steel Wire Rod from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review, 71 FR
59739 (October 11, 2006) (Preliminary Results), in the Federal
Register. The period of review is September 1, 2004, through August 31,
2005. We have conducted this review in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act).
We invited parties to comment on the Preliminary Results. On
November 13, 2006, Carpenter Technology Corporation, Dunkirk Specialty
Steel, LLC (a subsidiary of Universal Stainless & Alloy Products), and
North American Stainless (collectively, the petitioners), and
respondents Changwon Specialty Steel Co., Ltd., and Dongbang Specialty
Steel Co., Ltd. (collectively, the respondent),\1\ filed case briefs.
On November 20, 2006, the petitioners and the respondent filed rebuttal
briefs. Although the respondent requested a hearing on November 13,
2006, it withdrew its request on November 17, 2006. Because no other
interested party requested a hearing, we did not hold one.
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\1\ We collapsed the two respondents into a single entity
because we concluded they had a close supplier relationship. See
Preliminary Results, 71 FR at 59739.
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Scope of Order
For purposes of this order, the products covered are those SSWR
that are hot-rolled or hot-rolled annealed and/or pickled and/or
descaled rounds, squares, octagons, hexagons or other shapes, in coils,
that may also be coated with a lubricant containing copper, lime or
oxalate. SSWR is made of alloy steels containing, by weight, 1.2
percent or less of carbon and 10.5 percent or more of chromium, with or
without other elements. These products are manufactured only by hot-
rolling or hot-rolling annealing, and/or pickling and/or descaling, are
normally sold in
[[Page 6529]]
coiled form, and are of solid cross-section. The majority of SSWR sold
in the United States is round in cross-sectional shape, annealed and
pickled, and later cold-finished into stainless steel wire or small-
diameter bar. The most common size for such products is 5.5 millimeters
or 0.217 inches in diameter, which represents the smallest size that
normally is produced on a rolling mill and is the size that most wire-
drawing machines are set up to draw. The range of SSWR sizes normally
sold in the United States is between 0.20 inches and 1.312 inches in
diameter.
Two stainless steel grades are excluded from the scope of the
order. SF20T and K-M35FL are excluded. The chemical makeup for the
excluded grades is as follows:
------------------------------------------------------------------------
SF20T
------------------------------------------------------------------------
Carbon..................................................... 0.05 max
Manganese.................................................. 2.00 max
Phosphorous................................................ 0.05 max
Sulfur..................................................... 0.15 max
Silicon.................................................... 1.00 max
Chromium................................................... 19.00/21.00
Molybdenum................................................. 1.50/2.50
Lead-added................................................. (0.10/0.30)
Tellurium-added............................................ (0.03 min)
------------------------------------------------------------------------
------------------------------------------------------------------------
K-M35FL
------------------------------------------------------------------------
Carbon..................................................... 0.015 max
Silicon.................................................... 0.70/1.00
Manganese.................................................. 0.40 max
Phosphorous................................................ 0.04 max
Sulfur..................................................... 0.03 max
Nickel..................................................... 0.30 max
Chromium................................................... 12.50/14.00
Lead....................................................... 0.10/0.30
Aluminum................................................... 0.20/0.35
------------------------------------------------------------------------
The products subject to the order are currently classifiable under
subheadings 7221.00.0005, 7221.00.0015, 7221.00.0030, 7221.00.0045, and
7221.00.0075 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of the order
is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the February 1, 2007, Issues and Decision
Memorandum for the Antidumping Duty Administrative Review of Stainless
Steel Wire Rod from the Republic of Korea for the period September 1,
2004, through August 31, 2005 (Decision Memorandum), which is hereby
adopted by this notice. Attached to this notice as an appendix is a
list of the issues which parties have raised and to which we have
responded in the Decision Memorandum. 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
Department's Central Records Unit, Room B-099 of the main Department
building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The
paper copy and electronic version of the Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
We have made the following changes to the margin we calculated for
the respondent in the Preliminary Results:
1) We corrected a ministerial error to match models by grade properly.
2) We included the respondent's loss on inventory obsolescence in the
calculation of general and administrative expenses.
Results of the Cost Test
Pursuant to section 773(b)(2)(C)(i) of the Act, where less than 20
percent of sales of a given product were at prices less than the cost
of production (COP), we did not disregard any below-cost sales of that
product because we determined that the below-cost sales were not made
in ``substantial quantities.'' Where 20 percent or more of a
respondent's sales of a given product during the period of review were
at prices less than the COP, we determined such sales to have been made
in ``substantial quantities.'' See section 773(b)(2)(C) of the Act. The
sales were made within an extended period of time in accordance with
section 773(b)(2)(B) of the Act because we examined below-cost sales
occurring during the entire period of review. In such cases, because we
compared prices to average costs for the period of review, we also
determined that such sales were not made at prices which would permit
recovery of all costs within a reasonable period of time, in accordance
with section 773(b)(2)(D) of the Act.
We found that, for certain products, more than 20 percent of the
comparison-market sales were at prices less than the COP and, thus, the
below-cost sales were made within an extended period of time in
substantial quantities by the respondent. In addition, these sales were
made at prices that did not provide for the recovery of costs within a
reasonable period of time. Therefore, we disregarded the below-cost
sales and used the remaining sales, if any, as the basis for
determining normal value, in accordance with section 773(b)(1) of the
Act.
Final Results of the Review
As a result of our review, we determine that the following
percentage weighted-average dumping margin exists on SSWR from the
Republic of Korea for the period September 1, 2004, through August 31,
2005:
------------------------------------------------------------------------
Company Margin (percent)
------------------------------------------------------------------------
Changwon/Dongbang................................... 9.06
------------------------------------------------------------------------
Assessment Rates
The Department will determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. We intend to issue appropriate assessment instructions
directly to CBP within 15 days of publication of these final results of
review. In accordance with 19 CFR 351.212(b)(1), we have calculated an
importer/customer-specific assessment rate or per-unit value for
subject merchandise.
The Department clarified its ``automatic assessment'' regulation,
codified at 19 CFR 351.212(c), on May 6, 2003. See Notice of Policy
Concerning Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment-Policy Notice). This clarification will apply to entries of
subject merchandise during the period of review produced by the
companies included in these final results of review for which the
reviewed companies did not know that the merchandise it sold to the
intermediary (e.g., a reseller, trading company, or exporter) 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 intermediary involved in the transaction. See
Assessment-Policy Notice for a full discussion of this clarification.
a. Export Price
With respect to export-price sales, we divided the total dumping
margins (calculated as the difference between normal value and the
export price) for the respondent's importer or customer by the total
number of units the respondent sold to that importer or customer. We
will direct CBP to assess the resulting per-unit dollar amount against
each unit of merchandise on each of that importer's or customer's
entries during the review period.
b. Constructed Export Price
For constructed export-price sales, we divided the total dumping
margins for the reviewed sales by the total entered value of those
reviewed sales for each importer. We will direct CBP to
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assess the resulting percentage margin against the entered customs
values for the subject merchandise on each of that importer's entries
during the review period. See 19 CFR 351.212(b)(1).
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 the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication,
consistent with section 751(a)(1) of the Act: (1) the cash-deposit
rates for the reviewed company 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 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; (4) the cash-deposit rate for all
other manufacturers or exporters will continue to be 5.19 percent, the
``All Others'' rate from the amended final determination of the LTFV
investigation published on September 15, 1998. See Notice of Amendment
of Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order: Stainless Steel Wire Rod From Korea, 63 FR 49331 (September
15, 1998).
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
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 these review periods. 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
return or 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 final results of review in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: February 1, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix
Comments and Responses
1. Offsetting of Negative Margins
2. Model Match
3. Inland-Freight Expenses
4. Affiliated-Party Inputs
5. General and Administrative Expenses
[FR Doc. E7-2227 Filed 2-9-03; 8:45 am]
BILLING CODE 3510-DS-S