[Federal Register: July 13, 2007 (Volume 72, Number 134)]
[Notices]
[Page 38565-38566]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy07-51]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Notice of Final Results of Countervailing Duty Administrative
Review: Certain Cut-to-Length Carbon-Quality Steel Plate from the
Republic of Korea
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 7, 2007, the Department of Commerce (``the
Department'') published the preliminary results of the countervailing
duty (``CVD'') administrative review of certain cut-to-length carbon-
quality steel plate (``CTL Plate'') from the Republic of Korea
(``Korea''). The review covers Donguk Steel Mill Co., Ltd. (``DSM'').
The period of review (``POR'') is January 1, 2005, through December 31,
2005. The Department received comments concerning our preliminary
results from DSM (``respondent''). The final results are listed in the
section ``Final Results of Review'' below.
EFFECTIVE DATE: July 13, 2007.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska or Eric Greynolds, AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, Room 4014, 14\th\ Street
and Constitution Avenue, NW, Washington, DC 20230; telephone: (202)
482-8362 or (202) 482-6071, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 2007, the Department published the preliminary results
of the administrative review of the CVD order on CTL Plate from Korea.
See Notice of Preliminary Results of Countervailing Duty Administrative
Review: Certain Cut-to-Length Carbon-Quality Steel Plate from the
Republic of Korea, 72 FR 10163 (March 7, 2007) (``Preliminary
Results.'') We invited interested parties to comment on our Preliminary
Results. We received comments from respondent. We received no comments
from petitioners. No party requested a hearing.
Scope of the Order
The products covered by the CVD order are certain hot-rolled
carbon-quality steel: (1) universal mill plates (i.e., flat-rolled
products rolled on four faces or in a closed box pass, of a width
exceeding 150 mm but not exceeding 1250 mm, and of a nominal or actual
thickness of not less than 4 mm, which are cut-to-length (not in coils)
and without patterns in relief), of iron or non-alloy-quality steel;
and (2) flat-rolled products, hot-rolled, of a nominal or actual
thickness of 4.75 mm or more and of a width which exceeds 150 mm and
measures at least twice the thickness, and which are cut-to-length (not
in coils). Steel products to be included in the scope of the order are
of rectangular, square, circular or other shape and of rectangular or
non-rectangular cross-section where such non-rectangular 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. Steel products that meet the
noted physical characteristics that are painted, varnished or coated
with plastic or other non-metallic substances are included within this
scope. Also, specifically included in the scope of the order are high
strength, low alloy (``HSLA'') steels. HSLA steels are recognized as
steels with micro-alloying levels of elements such as chromium, copper,
niobium, titanium, vanadium, and molybdenum. Steel products to be
included in this scope, regardless of Harmonized Tariff Schedule of the
United States (``HTSUS'') definitions, are products in which: (1) iron
predominates, by weight, over each of the other contained elements; (2)
the carbon content is two percent or less, by weight; and (3) none of
the elements listed below is equal to or exceeds the quantity, by
weight, respectively indicated: 1.80 percent of manganese, or 1.50
percent of silicon, or 1.00 percent of copper, or 0.50 percent of
aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or
0.40 percent of lead, or 1.25 percent of nickel, or 0.30 percent of
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, or
0.41 percent of titanium, or 0.15 percent of vanadium, or 0.15 percent
zirconium. All products that meet the written physical description, and
in which the chemistry quantities do not equal or exceed any one of the
levels listed above, are within the scope of this order unless
otherwise specifically excluded. The following products are
specifically excluded from the order: (1) products clad, plated, or
coated with metal, whether or not painted, varnished or coated with
plastic or other non-metallic substances; (2) SAE grades (formerly AISI
grades) of series 2300 and above; (3) products made to ASTM A710 and
A736 or their proprietary equivalents; (4) abrasion-resistant steels
(i.e., USS AR 400, USS AR 500); (5) products made to ASTM A202, A225,
A514 grade S, A517 grade S, or their proprietary equivalents; (6) ball
bearing steels; (7) tool steels; and (8) silicon manganese steel or
silicon electric steel.
The merchandise subject to the order is currently classifiable
under the HTSUS 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, 7226.99.0000.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise covered by
the order is dispositive.
Comments from Interested Parties
We invited parties to comment on our Preliminary Results. On April
6, 2007, respondent filed a case brief. Petitioners did not submit a
case brief or a rebuttal brief.
Analysis of Comments Received
All issues raised in the case brief by respondent to this
administrative review are addressed in the accompanying Issues and
Decision Memorandum:
[[Page 38566]]
Final Results of Countervailing Duty Administrative Review: Certain
Cut-to-Length Carbon-Quality Steel Plate from the Republic of Korea,
(``Decision Memorandum''), which is hereby adopted by this notice. A
listing of the issues which parties raised and to which we have
responded, which are in the Decision Memorandum, 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 B-099 of the main Commerce building. In addition, a
complete version of the Decision Memorandum can be accessed directly on
the World Wide Web at https://enforcement.trade.gov/frn. The paper copy and
electronic version of the Decision Memorandum are identical in content.
Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we calculated a subsidy
rate for DSM for 2005. The final results of this review remain the same
as the preliminary results. We determine the total net countervailable
subsidy rate for DSM is 0.10 percent ad valorem for 2005, which is de
minimis. See 19 CFR 351.106(c)(1).
------------------------------------------------------------------------
Manufacturer/exporter Margin (percent)
------------------------------------------------------------------------
Donguk Steel Mill Co., Ltd. (DSM)..................... 0.10 (de
minimis)
------------------------------------------------------------------------
Assessment
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 DSM entered, or withdrawn from warehouse, for
consumption on or after January 1, 2005, through December 31, 2005,
without regard to countervailing duties.
Cash Deposit Requirements
We will instruct CBP not to collect a cash deposit on entries of
CTL Plate from DSM and to continue to collect cash deposits for non-
reviewed companies at the most recent company-specific or country-wide
rate applicable to the company. Accordingly, the cash deposit rate that
will be applied to non-reviewed companies covered by this order are
those established in the most recently completed administrative
proceedings. See Notice of Amended Final Determination: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of Korea;
and Notice of Countervailing Duty Orders: Certain Cut-to-Length Carbon-
Quality Steel Plate from France, India, Indonesia, Italy, and the
Republic of Korea, 65 FR 6587 (February 10, 2000). These rates shall
apply to all non-reviewed companies until a review of a company
assigned this rate is requested.
This notice is also 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 and 19 CFR
351.221(b)(5).
Dated: July 5, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I - Issues and Decision Memorandum
I. Methodology And Background Information
II. Subsidies Valuation Information
A. Average Useful Life
B. Benchmarks for Long-Term Loans Issued through 2005
III. Analysis Of Programs
A. Programs Determined to Confer Subsidies
1. The GOK's Direction of Credit
2. Asset Revaluation under Tax Programs under the Tax Reduction and
Exemption Control Act (TERCL) Article 56(2)
3. GOK Infrastructure Investment at Inchon North Harbor
4. Research and Development under Korea Research Association of New
Iron and Steelmaking Technology (KANIST) (formerly KNISTRA)
B. Programs Determined to be not Used
1. Special Cases of Tax for Balanced Development Among Areas (TERCL
Articles 41, 42, 43, 44, and 45) (Reserve for Investment Program)
2. Electricity Discounts (VRA, VCA, ELR and DLI Programs)
3. Price Discount for DSM Land Purchase at Asan Bay
4. Local Tax Exemption on Land Outside of Metropolitan Area
5. Exemption of VAT on Anthracite Coal
C. Programs Determined to be not Countervailable
1. Special Tax Credit for Boosting Employment
IV. Total Ad Valorem Rate
V. Analysis Of Comments
Comment: GOK Infrastructure Investment at Inchon North Harbor
[FR Doc. E7-13653 Filed 7-12-07; 8:45 am]
BILLING CODE 3510-DS-S