Import Administration, International Trade Administration, Department of Commerce.
On September 7, 2005, the Department of Commerce (the Department) published the Preliminary Results of the antidumping duty administrative review for certain corrosion-resistant carbon steel flat products (CORE) from the Republic of Korea (Korea). See Certain Corrosion-Resistant Carbon Steel Flat Products from Korea: Notice of Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 70 FR 53153 (September 7, 2005) (Preliminary Results). This review covers five manufacturers and exporters of the subject merchandise: Union Steel Manufacturing Co., Ltd. (Union); Pohang Iron & Steel Company, Ltd. (POSCO) and Pohang Coated Steel Co., Ltd. (POCOS) (collectively, the POSCO Group); Hyundai HYSCO (HYSCO); Dongbu Steel Co., Ltd. (Dongbu) (collectively, respondents); and Dongshin Special Steel Co., Ltd. (Dongshin). The period of review (POR) is August 1, 2003, through July 31, 2004.
As a result of our analysis of the comments received, these final results differ from the Preliminary Results. For our final results, we have found that during the POR, the POSCO Group, Union and Dongbu sold subject merchandise at less than normal value (NV). We have also found that HYSCO did not make sales of the subject merchandise at less than NV (i.e., it has a zero or de minimis dumping margin). Regarding Dongshin, because it failed to respond to the Department's questionnaire, we have preliminarily determined to resort to adverse facts available and assigned to Dongshin the “All Others” rate in effect for this order (17.70 percent), which is the highest margin upheld in this proceeding. See Preliminary Results at 53155-56. Since the publication of the Preliminary Results, we have not received any comments regarding Dongshin from interested parties that would warrant reconsideration of our finding. Therefore, we have continued to assign a rate of 17.70 percent to Dongshin. The final results are listed in the “Final Results of Review” section below. Furthermore, we rescinded the request for review of the antidumping order for SeAH Steel Corporation (SeAH) because neither SeAH nor its affiliates had exports or sales of subject merchandise to the United States during the POR. For more information, see Preliminary Results at 53154.
February 13, 2006.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Jolanta Lawska (Union), Preeti Tolani (Dongbu), Victoria Cho (the POSCO Group), and Joy Zhang (HYSCO), AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-8362, (202) 482-0395, (202) 482-5075, and (202) 482-1168, respectively.End Further Info End Preamble Start Supplemental Information
On September 7, 2005, the Department published the Preliminary Results. On December 5, 2005, the Department published the notice of extension of final results of the antidumping administrative review of CORE from Korea, extending the date for these final results to February 6, 2006. See Corrosion Resistant Carbon Steel Flat Products from Korea: Extension of Time Limits for the Final Results of Antidumping Administrative Review, 70 FR 72424 (December 5, 2005).
Comments from Interested Parties
We invited parties to comment on our Preliminary Results. On November 15, 2005, Mittal Steel USA ISG, Inc. (Mittal) filed a case brief concerning all respondents; United States Steel Corporation (US Steel) filed case briefs concerning the POSCO Group, HYSCO, and Union; and all respondents filed a case brief. On November 22, 2005, Mittal and US Steel filed rebuttal briefs concerning all respondents, and all respondents also filed a rebuttal brief.
Scope of the Order
This order covers cold-rolled (cold-reduced) carbon steel 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, as currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 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, 7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, Start Printed Page 75147217.90.5060, 7217.90.5090. Included in this order are corrosion-resistant flat-rolled products of nonrectangular cross-section where such 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. Excluded from this order are flat-rolled steel products either plated or coated with tin, lead, chromium, chromium oxides, both tin and lead (“terne plate”), or both chromium and chromium oxides (“tin-free steel”), whether or not painted, varnished or coated with plastics or other nonmetallic substances in addition to the metallic coating. Also excluded from this order are clad products in straight lengths of 0.1875 inch or more in composite thickness and of a width which exceeds 150 millimeters and measures at least twice the thickness. Also excluded from this order are certain clad stainless flat-rolled products, which are three-layered corrosion-resistant carbon steel flat-rolled products less than 4.75 millimeters in composite thickness that consist of a carbon steel flat-rolled product clad on both sides with stainless steel in a 20%-60%-20% ratio.
These HTSUS item numbers are provided for convenience and customs purposes. The written descriptions remain dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal brief by parties to this administrative review are addressed in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues which parties have raised, and to which we have responded in the Issues and Decision Memorandum, is attached to this notice as an Appendix. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content.
Final Results of Review
We determine that the following weighted-average margins exist:
|The POSCO Group||2.16 %|
The Department will determine, and Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The Department calculated importer-specific duty assessment rates on the basis of the ratio of the total antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. Where the assessment rate is above de minimis, we will instruct CBP to assess duties on all entries of subject merchandise by that importer. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of these final results.
Cash Deposit Requirements
The following deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of CORE from Korea entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a) of the Tariff Act of 1930, as amended (the Act): (1) For companies covered by this review, the cash deposit rate will be the rate listed above; (2) for previously reviewed or investigated companies other than those covered by this review, the cash deposit rate will be the company-specific rate established for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the producer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and (4) if neither the exporter nor the producer is a firm covered in this review, a prior review, or the investigation, the cash deposit rate will be 17.70 percent, the “All Others” rate established in the less-than-fair-value investigation. These deposit requirements shall remain in effect until publication of the final results of the next administrative review.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402 (f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent increase in antidumping duties by the amount of antidumping and/or countervailing duties reimbursed.
Administrative Protective Order
This notice also is the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 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 the terms of an APO is a sanctionable violation.
We are issuing and publishing these results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.Start Signature
Dated: February 3, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
List of Comments in the Accompanying Issues and Decision Memorandum
A. General Issues
Comment 1: Model-Match Methodology and Laminated Products
Comment 2: Adjustments to U.S. Prices for Duty Drawback Paid in Korea
Comment 3: Section D Costs As Weighted-Average Values for the Entire POR
Comment 4: Adjustments to the Difference-In-Merchandise (DIFMER) Calculation
B. Company-Specific Issues
Dongbu Steel Co., Ltd.
Comment 5: Treatment of Dongbu's Indirect Selling Expenses Incurred in Korea
Comment 6: Treatment of Dongbu's Constructed Export Price (CEP) Offset
Comment 7: Dongbu's Treatment of Short-term Interest Rate
Comment 8: CEP Offset for HYSCO
Comment 9: U.S. Sales Reconciliation for HYSCO
Comment 10: U.S. Indirect Selling Expense Ratio for HYSCO
Comment 11: HYSCO's Indirect Selling Expenses Incurred in Korea
Comment 12: Customs Instructions for HYSCO
Comment 13: HYSCO's Home Market Sales of Non-prime MerchandiseStart Printed Page 7515
Union Steel Manufacturing Co., Ltd.
Comment 14: Treatment of Union's CEP Offset
Comment 15: Treatment of Union's Indirect Selling Expenses Incurred in Korea
Comment 16: Treatment of Union's Indirect Selling Expense Ratio
Comment 17: Union's Treatment of Bad Debt Expenses Incurred by Dongkuk International Inc.
Comment 18: Union's Treatment of Factory Warehousing Expenses in Korea for its U.S. Sales
Comment 19: Treatment of Union's Warranty Expenses
Comment 20: Treatment of Certain Estimated Shipment Dates and/or Estimated Payment Dates for Certain U.S. Warehoused Sales
Comment 21: Treatment of Union Coating Co., Ltd.'s (Unico's) Home Market Credit Expense
Comment 22: Union's Treatment of “Oxidized Steel” (Rust) in its Cost Calculations
Pohang Iron & Steel Company, Ltd. and Pohang Coated Steel Co., Ltd.
Comment 23: Treatment of the POSCO Group's Indirect Selling Expenses Incurred in Korea
Comment 24: Treatment of the POSCO Group's CEP Offset
Comment 25: The POSCO Group's Treatment of Advertising Expenses as Indirect Selling Expenses
Comment 26: The POSCO Group's Rebates for Home Market Sales
Comment 27: Revision of the POSCO Group's Indirect Selling and Commission Expense
Comment 28: Treatment of the POSCO Group's Home Market Sales As Outside the Ordinary Course of Trade
Comment 29: Treatment of the POSCO Group's Home Market Credit Expense
Comment 30: The POSCO Group's “Window Period” Sales AdjustmentEnd Supplemental Information
1. The Nucor Corporation, another domestic interested party, did not submit a case brief or a rebuttal brief.Back to Citation
[FR Doc. E6-1984 Filed 2-10-06; 8:45 am]
BILLING CODE 3510-DS-S