[Federal Register: November 26, 2002 (Volume 67, Number 228)]
[Notices]
[Page 70717-70718]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no02-33]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-831]
Stainless Steel Plate in Coils from the Republic of Korea:
Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Rescission of Antidumping Duty Administrative Review.
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SUMMARY: On June 25, 2002, the Department of Commerce (``the
Department's'') initiated an administrative review of the antidumping
duty order on stainless steel plate in coils from the Republic of
Korea. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 67 FR 42753
(June 25, 2002). The review covers one manufacturer/exporter, Pohang
Iron & Steel Co., Ltd. (``POSCO''). The period of review is May 1, 2001
through April 30, 2002. The Department is rescinding this review
because it found no entries of subject merchandise by POSCO into the
United States during the period of review, in accordance with 19 CFR
351.213(d)(3) of its regulations. The Department is now publishing its
determination to rescind this review.
EFFECTIVE DATE: November 26, 2002.
FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Robert Bolling,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone (202) 482-0182 or (202) 482-3434,
respectively.
SUPPLEMENTARY INFORMATION:
The Applicable Statute and Regulations
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (``the Act''), are references to the provisions
effective January 1, 1995, the effective date of the amendments made to
the Act by the Uruguay Round Agreements Act (``URAA''). In addition,
unless otherwise indicated, all citations to the Department of
Commerce's (``the Department's'') regulations are to the regulations
codified at 19 CFR part 351 (2001).
Background
On May 6, 2002, the Department published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on stainless steel plate in coils (``SSPC'')
from Korea. See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative Review,
67 FR 30356 (May 6, 2002). On May 31, 2002, the petitioners in this
proceeding, Allegheny Ludlum, AK Steel Corporation (formerly Armco,
Inc.), Butler-Armco Independent Union,
[[Page 70718]]
Zanesville Armco Independent Union, and the United Steelworkers of
America, AFL-CIO/CLC, submitted a request for an administrative review
of sales by POSCO, a manufacturer/exporter of SSPC, for the period May
1, 2001 through April 30, 2002. The Department initiated an
administrative review on June 25, 2002.
On June 19, 2002, POSCO submitted a letter to the Department
stating that it did not export the subject merchandise to the United
States during the period of review (``POR''). On July 1, 2002, the
Department issued POSCO its standard antidumping duty questionnaire. In
response to the Department's questionnaire, POSCO again stated that
neither it, nor any of its affiliates, had exports or sales in the
United States of subject merchandise manufactured or produced by POSCO
during the POR.
On August 21, 2002, the Department sent a no-shipment inquiry
concerning SSPC from Korea and POSCO to the U.S. Customs Service
(``Customs''). The purpose of this inquiry was to determine whether
Customs suspended liquidation of entry summaries of SSPC from Korea
manufactured and/or exported by POSCO during the POR. The Customs
Service did not identify any suspended entry summaries of SSPC
manufactured and/or exported by POSCO during the POR. Therefore, we
have determined that there were no entries of subject merchandise
produced or exported by POSCO into the customs territory of the United
States during the POR.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), the Department will rescind an
administrative review, in whole, or only with respect to a particular
exporter or producer, if the Department concludes that, during the
period covered by the review, there were no entries, exports, or sales
of the subject merchandise. In light of the fact that we have
determined that the only company covered by the review did not have
entries for consumption into the territory of the United States during
the POR in question, we find that rescinding this review is
appropriate. On October 25, 2002, we asked petitioners to submit any
evidence that POSCO had entries, exports, or sales or subject
merchandise during the POR. See Memorandum to the File from Brandon
Farlander through Robert Bolling, dated October 25, 2002. We did not
receive any evidence from petitioners. Therefore, we are rescinding
this administrative review for the period May 1, 2001 through April 30,
2002, and will issue appropriate assessment instructions to the U.S.
Customs Service. The cash-deposit rate for POSCO will remain at 1.19
percent, the rate established in the most recently completed segment of
this proceeding (66 FR 64107, December 11, 2001).
This notice 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 written
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 terms of APO is a sanctionable
violation.
This notice is in accordance with section 777(i) of the Act and 19
CFR 351.213(d)(4).
Dated: November 19, 2002.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-29992 Filed 11-25-02; 8:45 am]