81 FR 62712 - Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and New Shipper Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 176 (September 12, 2016)
International Trade Administration
Federal Register Volume 81, Issue 176 (September 12, 2016)
| Page Range | 62712-62714 | |
| FR Document | 2016-21857 |
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)] [Notices] [Pages 62712-62714] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21857] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-836] Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and New Shipper Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 11, 2016, the Department of Commerce (the Department) published the preliminary results of the administrative review and new shipper review of the antidumping duty order on certain cut-to-length carbon-quality steel plate products (CTL plate) from the Republic of Korea (Korea). Based on our analysis of the comments received, we continue to find that subject merchandise has been sold at less than normal value in the administrative review, and that subject [[Page 62713]] merchandise has not been sold at less than normal value in the new shipper review. DATES: Effective September 12, 2016. 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. SUPPLEMENTARY INFORMATION: Background On March 11, 2016, the Department published the Preliminary Results of the administrative review and new shipper review.\1\ The period of review is February 1, 2014, through January 31, 2015. We invited interested parties to comment on the Preliminary Results and received case and rebuttal briefs from interested parties.\2\ --------------------------------------------------------------------------- \1\ See Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative and New Shipper Reviews and Rescission of Administrative Review, in Part; 2014-2015, 81 FR 12870 (March 11, 2016) (Preliminary Results). \2\ See the case and rebuttal briefs from Nucor Corporation, Dongkuk Steel Mill Co., Ltd., and Hyundai Steel Company dated April 11, 2016, and April 20, 2016, respectively. --------------------------------------------------------------------------- The Department conducted these reviews in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). 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 7208.40.30.30, 7208.40.30.60, 7208.51.00.30, 7208.51.00.45, 7208.51.00.60, 7208.52.00.00, 7208.53.00.00, 7208.90.00.00, 7210.70.30.00, 7210.90.90.00, 7211.13.00.00, 7211.14.00.30, 7211.14.00.45, 7211.90.00.00, 7212.40.10.00, 7212.40.50.00, 7212.50.00.00, 7225.40.30.50, 7225.40.70.00, 7225.50.60.00, 7225.99.00.90, 7226.91.50.00, 7226.91.70.00, 7226.91.80.00, and 7226.99.00.00. While the 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 Issues and Decision Memorandum.\3\ --------------------------------------------------------------------------- \3\ See the Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Issues and Decision Memorandum for the Antidumping Duty Administrative Review and New Shipper Review of Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea,'' dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in these reviews are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix I. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, room B-8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. Changes Since the Preliminary Results Based on our analysis of comments received, we made one revision that has not changed the results for Dongkuk Steel Mill Co., Ltd., in the administrative review.\4\ We made no changes for Hyundai Steel Company in the new shipper review. --------------------------------------------------------------------------- \4\ See Issues and Decision Memorandum at Comment 5. --------------------------------------------------------------------------- Final Results of the Administrative Review As a result of this administrative review, we determine that a weighted-average dumping margin of 1.11 percent exists for Dongkuk Steel Mill Co., Ltd., for the period February 1, 2014, through January 31, 2015. Final Results of the New Shipper Review As a result of this new shipper review, we determine that a weighted-average dumping margin of 0.00 percent exists for merchandise produced and exported by Hyundai Steel Company for the period February 1, 2014, through January 31, 2015. Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the final results in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), the Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of these reviews. For Dongkuk Steel Mill Co., Ltd., we calculated importer-specific assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for each importer's examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1).\5\ For Hyundai Steel Company, we have not calculated assessment rates and will instruct CBP to liquidate all imports produced and exported by Hyundai Steel Company without regard to antidumping duties in accordance with the Final Modification.\6\ --------------------------------------------------------------------------- \5\ In these final 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). \6\ See Final Modification, 77 FR at 8103. --------------------------------------------------------------------------- For entries of subject merchandise during the period of review 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.\7\ --------------------------------------------------------------------------- \7\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). --------------------------------------------------------------------------- We intend to issue liquidation instructions to CBP 15 days after publication of the final results of these reviews. Cash Deposit Requirements The following deposit requirements will be effective upon publication of this notice 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 751(a)(2)(C) of the Act: (1) The cash deposit rate for Dongkuk Steel Mill Co., Ltd. will be equal to the weighted-average dumping margin determined in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative 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 [[Page 62714]] most recently completed segment of this proceeding in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in this administrative review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 0.98 percent,\8\ the all-others rate determined in the less-than- fair-value (LTFV) investigation, adjusted for the export-subsidy rate in the companion countervailing duty investigation. --------------------------------------------------------------------------- \8\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 22971, 22972 (April 24, 2015). --------------------------------------------------------------------------- With respect to Hyundai Steel Company, the respondent in the new shipper review, the Department established a combination cash deposit rate for this company consistent with its practice, as follows: (1) For subject merchandise produced and exported by Hyundai Steel Company, no cash deposit will be required; (2) for subject merchandise exported by Hyundai Steel Company, but not produced by Hyundai Steel Company, the cash deposit rate will be the all-others rate determined in the LTFV investigation; and (3) for subject merchandise produced by Hyundai Steel Company, but not exported by Hyundai Steel Company, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final 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 review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification Regarding Administrative Protective Orders 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 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 the terms of an APO is a sanctionable violation. We are issuing and publishing these final results of administrative and new shipper reviews in accordance with sections 751(a)(1), 751(a)(2)(B)(iii), 751(a)(3) and 777(i)(1) of the Act and 19 CFR 351.213(h), 351.214 and 351.221(b)(5). Dated: September 6, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I List of Topics Discussed in the Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: Recalculation of Conversion Costs (New Shipper Review) Comment 2: Reported Costs (New Shipper Review) Comment 3: Finished Goods Inventory (New Shipper Review) Comment 4: Scrap Offset (New Shipper Review) Comment 5: Major Input Adjustment (Administrative Review) Recommendation [FR Doc. 2016-21857 Filed 9-9-16; 8:45 am] BILLING CODE 3510-DS-P
![62712 Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
issue assessment instructions to CBP 15 Cash Deposit Requirements 5. Non-Market Economy Country Status
days after the publication date of the 6. PRC-Wide Entity
The following cash deposit 7. Separate Rates
final results of this review. requirements will be effective upon
For assessment purposes, the 8. Application of Facts Available and Use of
publication of the final results of this Adverse Inference
Department applied the assessment rate review for shipments of the subject 9. Facts Available
calculation method adopted in merchandise from the PRC entered, or 10. Surrogate Country
Antidumping Proceedings: Calculation withdrawn from warehouse, for 11. Date of Sale
of the Weighted-Average Dumping consumption on or after the publication 12. Comparisons to Normal Value
Margin and Assessment Rate in Certain date, as provided by sections 13. U.S. Price
Antidumping Proceedings: Final 751(a)(2)(C) of the Act: (1) For the 14. Normal Value
Modification.21 For any individually 15. Factor Valuations
companies listed above that have a 16. Currency Conversion
examined respondent whose weighted separate rate, the cash deposit rate will
average dumping margin is above de 17. Recommendation
be that established in the final results of
minimis (i.e., 0.50 percent) in the final this review (except, if the rate is zero or Appendix 2
results of this review, the Department de minimis, then zero cash deposit will
will calculate importer-specific Companies Subject to This Administrative
be required); (2) for previously Review That Are Considered To Be Part of
assessment rates on the basis of the ratio investigated or reviewed PRC and non- the PRC-Wide Entity
of the total amount of dumping PRC exporters not listed above that
calculated for the importer’s examined Cana (Tianjin) Hardware Industrial Co., Ltd.
received a separate rate in a prior China Staple Enterprise (Tianjin) Co., Ltd.
sales to the total entered value of sales, segment of this proceeding, the cash Huanghu Jinhai Hardware Products Co. Ltd.
in accordance with 19 CFR deposit rate will continue to be the Huanghua Xiong Hua Hardware Product Co.,
351.212(b)(1). Where an importer- (or existing exporter-specific rate; (3) for all Ltd.
customer-) specific ad valorem rate is PRC exporters of subject merchandise Huanghua Yufutai Hardware Products
greater than de minimis, the Department that have not been found to be entitled Limited
will instruct CBP to collect the to a separate rate, the cash deposit rate Liaocheng Minghui Hardware Products Co.,
appropriate duties at the time of Ltd.
will be that for the PRC-wide entity; and Mingguang Abundant Hardware Products
liquidation.22 Where either a (4) for all non-PRC exporters of subject
respondent’s weighted average dumping Co., Ltd.
merchandise which have not received Qingdao D&L Group Co., Ltd.
margin is zero or de minimis, or an their own rate, the cash deposit rate will Shandong Qingyun Hongyi Hardware
importer- (or customer-) specific ad be the rate applicable to the PRC Products Co., Ltd.
valorem rate is zero or de minimis, the exporter that supplied that non-PRC Shanghai Yueda Fasterners Co., Ltd.
Department will instruct CBP to exporter. These deposit requirements, Shanxi Tianli Enterprise Co., Ltd.
liquidate appropriate entries without when imposed, shall remain in effect Smart (Tianjin) Technology Development
regard to antidumping duties.23 For the until further notice. Co., Ltd.
respondents that were not selected for Tianjin Hongli Qiangsheng Import and
individual examination in this Notification to Importers Export Co., Ltd.
administrative review and that qualified Tianjin Lianda Group Ltd.
This notice also serves as a
for a separate rate, the assessment rate preliminary reminder to importers of [FR Doc. 2016–21883 Filed 9–9–16; 8:45 am]
will be based on the average of the their responsibility under 19 CFR BILLING CODE 3510–DS–P
mandatory respondents.24 We intend to 351.402(f)(2) to file a certificate
instruct CBP to liquidate entries regarding the reimbursement of
containing subject merchandise antidumping duties prior to liquidation DEPARTMENT OF COMMERCE
exported by the PRC-wide entity at the of the relevant entries during the POR.
PRC-wide rate. Failure to comply with this requirement International Trade Administration
Pursuant to the Department’s practice, could result in the Department’s [A–580–836]
for entries that were not reported in the presumption that reimbursement of
U.S. sales databases submitted by antidumping duties occurred and the Certain Cut-to-Length Carbon-Quality
companies individually examined subsequent assessment of double Steel Plate Products From the
during the administrative review, the antidumping duties. Republic of Korea: Final Results of
Department will instruct CBP to This preliminary determination is Antidumping Duty Administrative
liquidate such entries at the PRC-wide issued and published in accordance Review and New Shipper Review;
rate. Additionally, if the Department with sections 751(a)(1) and 777(i)(1) of 2014–2015
determines that an exporter had no the Act, and 19 CFR 351.221(b)(4).
shipments of the subject merchandise, AGENCY: Enforcement and Compliance,
any suspended entries that entered Dated: September 1, 2016. International Trade Administration,
under that exporter’s case number (i.e., Paul Piquado, Department of Commerce.
at that exporter’s rate) will be liquidated Assistant Secretary for Enforcement and SUMMARY: On March 11, 2016, the
at the PRC-wide rate.25 Compliance. Department of Commerce (the
Appendix 1 Department) published the preliminary
21 See Antidumping Proceedings: Calculation of results of the administrative review and
the Weighted-Average Dumping Margin and List of Topics Discussed in the Preliminary new shipper review of the antidumping
Assessment Rate in Certain Antidumping Decision Memorandum
duty order on certain cut-to-length
sradovich on DSK3GMQ082PROD with NOTICES
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) in the manner described in
1. Summary carbon-quality steel plate products (CTL
more detail in the Preliminary Decision 2. Background plate) from the Republic of Korea
Memorandum. 3. Scope of the Order
22 See 19 CFR 351.212(b)(1). 4. Preliminary Determination of No (Korea). Based on our analysis of the
23 See 19 CFR 351.106(c)(2). Shipments comments received, we continue to find
24 See Preliminary Decision Memorandum. that subject merchandise has been sold
25 For a full discussion of this practice, see Non- Assessment of Antidumping Duties, 76 FR 65694 at less than normal value in the
Market Economy Antidumping Proceedings: (October 24, 2011). administrative review, and that subject
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![62714 Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
most recently completed segment of this with 19 CFR 351.305(a)(3). Timely merchandise to the United States at
proceeding in which that manufacturer written notification of the return or prices below normal value. Electrolux’s
or exporter participated; (3) if the destruction of APO materials or final dumping margin is listed below in
exporter is not a firm covered in this conversion to judicial protective order is the section entitled ‘‘Final Results of the
administrative review, a prior review, or hereby requested. Failure to comply Review.’’
the original investigation but the with the regulations and the terms of an DATES: Effective September 12, 2016.
manufacturer is, the cash deposit rate APO is a sanctionable violation. FOR FURTHER INFORMATION CONTACT:
will be the rate established for the most We are issuing and publishing these Brian Smith or Brandon Custard, AD/
recently completed segment of this final results of administrative and new CVD Operations, Office II, Enforcement
proceeding for the manufacturer of the shipper reviews in accordance with and Compliance, International Trade
merchandise; (4) the cash deposit rate sections 751(a)(1), 751(a)(2)(B)(iii), Administration, U.S. Department of
for all other manufacturers or exporters 751(a)(3) and 777(i)(1) of the Act and 19 Commerce, 14th Street and Constitution
will continue to be 0.98 percent,8 the CFR 351.213(h), 351.214 and Avenue NW., Washington, DC 20230;
all-others rate determined in the less- 351.221(b)(5). telephone: (202) 482–1766 or (202) 482–
than-fair-value (LTFV) investigation, Dated: September 6, 2016. 1823, respectively.
adjusted for the export-subsidy rate in Christian Marsh, SUPPLEMENTARY INFORMATION:
the companion countervailing duty
Deputy Assistant Secretary for Antidumping
investigation. Background
and Countervailing Duty Operations.
With respect to Hyundai Steel The review covers one producer/
Company, the respondent in the new Appendix I exporter of the subject merchandise:
shipper review, the Department List of Topics Discussed in the Issues and Electrolux. On March 11, 2016, the
established a combination cash deposit Decision Memorandum Department published the Preliminary
rate for this company consistent with its Summary Results.1 Based on our analysis of the
practice, as follows: (1) For subject Background comments received from Whirlpool
merchandise produced and exported by Scope of the Order Corporation (the petitioner) and
Hyundai Steel Company, no cash Discussion of the Issues Electrolux, we are not changing the
deposit will be required; (2) for subject Comment 1: Recalculation of Conversion weighted-average dumping margin
merchandise exported by Hyundai Steel Costs (New Shipper Review) calculated for Electrolux in the
Company, but not produced by Hyundai Comment 2: Reported Costs (New Shipper
Review) Preliminary Results. The Department
Steel Company, the cash deposit rate conducted this administrative review in
Comment 3: Finished Goods Inventory
will be the all-others rate determined in (New Shipper Review) accordance with section 751 of the
the LTFV investigation; and (3) for Comment 4: Scrap Offset (New Shipper Tariff Act of 1930, as amended (the Act).
subject merchandise produced by Review)
Hyundai Steel Company, but not Comment 5: Major Input Adjustment Scope of the Order
exported by Hyundai Steel Company, (Administrative Review) The products covered by the order are
the cash deposit rate will be the rate Recommendation all large residential washers and certain
applicable to the exporter. [FR Doc. 2016–21857 Filed 9–9–16; 8:45 am] subassemblies thereof from Mexico. The
These cash deposit requirements, BILLING CODE 3510–DS–P products are currently classifiable under
when imposed, shall remain in effect subheadings 8450.20.0040 and
until further notice. 8450.20.0080 of the Harmonized Tariff
Notification to Importers DEPARTMENT OF COMMERCE System of the United States (HTSUS).
Products subject to this order may also
This notice serves as a final reminder International Trade Administration enter under HTSUS subheadings
to importers of their responsibility 8450.11.0040, 8450.11.0080,
[A–201–842]
under 19 CFR 351.402(f)(2) to file a 8450.90.2000, and 8450.90.6000.
certificate regarding the reimbursement Large Residential Washers From Although the HTSUS subheadings are
of antidumping duties prior to Mexico: Final Results of the provided for convenience and customs
liquidation of the relevant entries Antidumping Duty Administrative purposes, the written description of the
during this review period. Failure to Review; 2014–2015 merchandise subject to this scope is
comply with this requirement could dispositive.2
result in the Secretary’s presumption AGENCY: Enforcement and Compliance,
that reimbursement of antidumping International Trade Administration, Analysis of Comments Received
duties occurred and the subsequent Department of Commerce. All issues raised in the case and
assessment of double antidumping SUMMARY: On March 11, 2016, the rebuttal briefs are addressed in the
duties. Department of Commerce (the Issues and Decision Memorandum. A
Department) published the preliminary list of the issues which parties raised
Notification Regarding Administrative
results of the second administrative and to which we respond in the Issues
Protective Orders
review of the antidumping duty (AD) and Decision Memorandum is attached
This notice also serves as a reminder order on large residential washers to this notice as Appendix I.
to parties subject to administrative (LRWs) from Mexico. The review covers
protective order (APO) of their one producer/exporter of the subject 1 See Large Residential Washers From Mexico:
responsibility concerning the merchandise: Electrolux Home Products Preliminary Results of the Antidumping Duty
sradovich on DSK3GMQ082PROD with NOTICES
disposition of proprietary information Administrative Review; 2014–2015, 81 FR 12873
Corp. N.V. and Electrolux Home (March 11, 2016) (Preliminary Results).
disclosed under APO in accordance Products de Mexico, S.A. de C.V. 2 A full description of the scope of the order is
(collectively, Electrolux). We gave contained in the Memorandum to Paul Piquado,
8 See, e.g., Certain Cut-to-Length Carbon-Quality ‘‘Issues and Decision Memorandum for the Final
interested parties an opportunity to
Steel Plate Products From the Republic of Korea: Results of the Antidumping Duty Administrative
Final Results of Antidumping Duty Administrative
comment. After reviewing the Review of Large Residential Washers from Mexico,’’
Review; 2013–2014, 80 FR 22971, 22972 (April 24, comments received, we continue to find dated concurrently with this notice (Issues and
2015). that Electrolux made sales of subject Decision Memorandum).
VerDate Sep<11>2014 18:40 Sep 09, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1](https://thefederalregister.org/doc/81_FR_62888/page/3.svg)
Document Created: 2016-09-10 00:56:56
Document Modified: 2016-09-10 00:56:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective September 12, 2016. | |
| 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. | |
| FR Citation | 81 FR 62712 |
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