This PDF is the current document as it appeared on Public Inspection on 03/02/2017 at 08:45 am.
Enforcement and Compliance, International Trade Administration, Department of Commerce
The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain cut-to-length carbon-quality steel plate products (CTL plate) from the Republic of Korea (Korea). The period of review (POR) is February 1, 2015, through January 31, 2016. The Department preliminarily determines that the producers/exporters subject to this review made sales of subject merchandise at less than normal value. We invite interested parties to comment on these preliminary results.
Effective March 3, 2017.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-5760 or (202) 482-0410, respectively.
Scope of the Order
The products covered by the antidumping duty order are certain CTL plate. Imports of CTL plate are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, and 7226.99.0000. While Start Printed Page 12432the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.
Preliminary Determination of No Reviewable Entries
We received timely filed submissions from Daewoo International Corp., GS Global Corp., Hyosung Corporation, Hyundai Glovis Co., Ltd., Hyundai Mipo Dockyard Co., Ltd., Samsung C&T Corporation, Samsung Heavy Industries, and SK Networks Co., Ltd., reporting to the Department that each had no exports, sales, or entries of subject merchandise to the United States during the POR. Based on record evidence, we preliminarily determine that these companies had no reviewable entries during the POR. For additional information on our preliminary determination of no reviewable entries, see the Preliminary Decision Memorandum.
The Department is conducting this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Constructed export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and to all parties in the Department's Central Records Unit, located at room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/index.html.
Preliminary Results of the Administrative Review
We preliminarily determine that the following weighted-average dumping margins exist for the respondents for the period February 1, 2015, through January 31, 2016.
|Producer/exporter||Weighted- average dumping margin (percent)|
|Bookuk Steel Co., Ltd||2.01|
|Dongkuk Steel Mill Co., Ltd||1.71|
|Hyundai Steel Company||2.05|
|Samsung C&T Engineering & Construction Group||2.01|
|Samsung C&T Trading and Investment Group||2.01|
|Sung Jin Steel Co., Ltd||2.01|
Disclosure and Public Comment
We intend to disclose the calculations performed for these preliminary results to the parties within five days after public announcement of the preliminary results in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs. Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department will issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act.
If a respondent's weighted-average dumping margin is above de minimis in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of antidumping duties calculated for the importer's examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1). If the respondent's weighted-average dumping margin is zero or de minimis in the final results of reviews, we will instruct U.S. Customs and Border Protection (CBP) not to assess duties on any of its entries in accordance with the Final Modification for Reviews.
For entries of subject merchandise during the POR produced by Dongkuk Steel Mill Co., Ltd. or Hyundai Steel Company for which they did not know their merchandise was destined for the United States, 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 the companies which were not selected for individual examination, BDP International, Bookuk Steel Co., Ltd., Samsung C&T Engineering & Construction Group, Samsung C&T Trading and Investment Group, and Sung Jin Steel Co., Ltd., we will instruct CBP to apply the rates listed above to all entries of subject merchandise produced and/or exported by these firms.
We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon publication of the notice of final results of this review for all shipments of CTL plate from Korea entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section Start Printed Page 12433751(a)(2) of the Act: (1) The cash deposit rate for companies subject to this review will be the rates established in the final results of the review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior segment of the proceeding, 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 investigation but the producer is, the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 0.98 percent, the all-others rate established in the less-than-fair-value investigation, adjusted for the export-subsidy rate in the companion countervailing duty investigation.
These cash deposit requirements, when imposed, shall remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary 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 POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
The Department is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).Start Signature
Dated: February 27, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix—List of Topics Discussed in the Preliminary Decision Memorandum
III. Scope of the Order
IV. Preliminary Determination of No Reviewable Entries
V. Rates for Respondents Not Selected for Individual Examination
VI. Discussion of the Methodology
(1) Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
(2) Product Comparisons
(3) Date of Sale
(4) Level of Trade/CEP Offset
(5) Arm's Length
(6) Export Price and Constructed Export Price
(7) Normal Value
(a) Overrun Sales
(b) Selection of Comparison Market
(c) Affiliated Parties
(d) Affiliated Party Transactions and Arm's-Length Test
(e) Cost of Production
(f) Calculation of Normal Value Based on Comparison Market Prices
VII. Currency Conversion
VIII. RecommendationEnd Further Info End Preamble
1. See the Memorandum from James Maeder, Senior Director, Office I, Antidumping and Countervailing Duty Operations to Acting Assistant Secretary Ronald K. Lorentzen entitled, “Preliminary Decision Memorandum for the Administrative Review of the Antidumping Duty Order on Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea,” dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum).Back to Citation
2. See the no shipment letters from GS Global Corp. dated April 15, 2016, Hyosung dated May 9, 2016, Hyundai Glovis Co., Ltd., and Hyundai Mipo Dockyard Co., Ltd., dated May 3, 2016, Daewoo International Corp. and SK Networks Co., Ltd., dated May 5, 2016, and Samsung C&T Corporation and Samsung Heavy Industries dated May 4, 2016. We initiated this review on SK Networks. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324, 20326 (April 7, 2016). In its no shipment letter, SK Networks Co., Ltd., identified itself also as SK Networks.Back to Citation
6. In these preliminary results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification for Reviews).Back to Citation
7. See Final Modification for Reviews, 77 FR at 8102.Back to Citation
[FR Doc. 2017-04128 Filed 3-2-17; 8:45 am]
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