[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2512-2514]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-72]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-818]
Corrosion-Resistant Carbon Steel Flat Products from the Republic
of Korea: Final Results of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 9, 2008, the U.S. Department of Commerce (``the
Department'') published in the Federal Register its preliminary results
of the administrative review of the countervailing duty (``CVD'') order
on corrosion-resistant carbon steel flat products (``CORE'') from the
Republic of Korea (``Korea'') for the period of review
[[Page 2513]]
(``POR'') January 1, 2006, through December 31, 2006. See Corrosion-
Resistant Carbon Steel Flat Products From the Republic of Korea:
Preliminary Results of Countervailing Duty Administrative Review. 73 FR
52315 (September 9, 2008) (``Preliminary Results''). We preliminarily
found that Pohang Iron and Steel Co. Ltd. (``POSCO'') and Dongbu Steel
Co., Ltd. (``Dongbu'') received de minimis countervailable subsidies
during the POR. We received comments on our preliminary results from
POSCO, a respondent company. The final results are listed in the
section ``Final Results of Review'' below.
EFFECTIVE DATE: January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Robert Copyak or Gayle Longest, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, Room 4014, 14th Street and
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-2209
and (202) 482-3338, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 17, 1993, the Department published in the Federal
Register the CVD order on CORE from Korea. See Countervailing Duty
Orders and Amendments of Final Affirmative Countervailing Duty
Determinations: Certain Steel Products from Korea, 58 FR 43752 (August
17, 1993). On September 9, 2008, the Department published in the
Federal Register its preliminary results of the administrative review
of this order for the period January 1, 2006, through December 31,
2006. See Preliminary Results, 73 FR 52315. In accordance with 19 CFR
351.213(b), this administrative review covers POSCO and Dongbu,
producers and exporters of subject merchandise.
In the Preliminary Results, we invited interested parties to submit
briefs or request a hearing. We received comments from POSCO, a
respondent. We received no comments from United States Steel
Corporation and Nucor Corporation, (``petitioners''), or Dongbu. The
Department did not conduct a hearing in this review because none was
requested.
Scope of Order
Products covered by this order are certain corrosion-resistant
carbon steel flat products from Korea. These products include 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. The merchandise subject to
this order is currently classifiable in the Harmonized Tariff Schedule
of the United States (HTSUS) at subheadings: 7210.30.0000,
7210.31.0000, 7210.39.0000, 7210.41.0000, 7210.49.0030, 7210.49.0090,
7210.60.0000, 7210.61.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090,
7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.21.0000,
7212.29.0000, 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,
7215.9030, 7215.90.5000, 7217.12.1000, 7217.13.1000, 7217.19.1000,
7217.19.5000, 7217.20.1500, 7217.22.5000, 7217.23.5000, 7217.29.1000,
7217.29.5000, 7217.30.15.0000, 7217.32.5000, 7217.33.5000,
7217.39.1000, 7217.39.5000, 7217.90.1000 and 7217.90.5000. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the Department's written description of the merchandise is dispositive.
Period of Review
The POR for which we are measuring subsidies is from January 1,
2006, through December 31, 2006.
Analysis of Comments
On October 9, 2008, POSCO filed comments. Neither Dongbu nor
petitioners filed a case brief or a rebuttal brief. All issues in
POSCO's case brief are addressed in the accompanying Issues and
Decision Memorandum for the Countervailing Duty Administrative Review
on Corrosion-Resistant carbon Steel Flat Products from Korea
(``Decision Memorandum''), issued concurrently and hereby adopted by
this notice. A listing of the issues that parties raised and to which
we have responded is attached to this notice as Appendix I. Parties can
find a complete discussion of the issues raised in this review and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit (``CRU''), Room 1117 of the main
Commerce building. In addition, a complete version of the Decision
Memorandum, can be accessed directly on the World Wide Web at http://
ia.ita.doc.gov. The paper copy and the electronic version of the
Decision Memorandum are identical in content.
Final Results of Review
After reviewing POSCO's comments, we have not changed our findings
from the Preliminary Results as explained in our Decision Memorandum.
Consistent with the Preliminary Results, we find that POSCO and Dongbu
received de minimis countervailable subsidies during the POR at the
rates below:
------------------------------------------------------------------------
Company Net Subsidy Rate
------------------------------------------------------------------------
Pohang Iron and Steel Co. Ltd. (POSCO)............ 0.09 percent ad
valorem (de minimis)
Dongbu Steel Co. Ltd. (Dongbu).................... 0.22 percent ad
valorem (de minimis)
------------------------------------------------------------------------
Assessment Rates/Cash Deposits
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (``CBP'') 15 days after the date of
publication of these final results of review to liquidate shipments of
subject merchandise by POSCO and Dongbu entered, or withdrawn from
warehouse, for consumption on or after January 1, 2006, through
December 31, 2006, without regard to countervailing duties. We will
also instruct CBP not to collect cash deposits of estimated
countervailing duties on shipments of the subject merchandise produced
by POSCO and Dongbu, entered, or withdrawn from warehouse, for
consumption on or after the date of publication of these final results
of review.
For all non-reviewed companies, the Department has instructed CBP
to assess countervailing duties at the cash deposit rates in effect at
the time of entry, for entries between January 1, 2006, and December
31, 2006. The cash deposit rates for all companies not covered by this
review are not changed by the results of this review.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information
[[Page 2514]]
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of 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 results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: January 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I - Issues and Decision Memorandum
Company-Specific Issue
Whether Certain Research and Development (``R&D'') Grants Under the
Industrial Development Act (``IDA'') Are Tied to Non-Subject
Merchandise
[FR Doc. E9-633 Filed 1-14-09; 8:45 am]
BILLING CODE 3510-DS-S