15132 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
the EAR are the foreign-produced direct Results of the Review鈥欌?? section of this
B. Carrying on negotiations
concerning, or ordering, buying, product of U.S.-origin technology. notice.
receiving, using, selling, delivering, In accordance with the provisions of EFFECTIVE DATE: March 21, 2008.
storing, disposing of, forwarding, Section 766.24(e) of the EAR, the
FOR FURTHER INFORMATION CONTACT: Lyn
transporting, financing, or otherwise Respondents may, at any time, appeal
Johnson or Minoo Hatten, AD/CVD
servicing in any way, any transaction this Order by filing a full written
Operations, Office 5, Import
involving any item exported or to be statement in support of the appeal with
Administration, International Trade
exported from the United States that is the Office of the Administrative Law
Administration, U.S. Department of
subject to the EAR, or in any other Judge, U.S. Coast Guard ALJ Docketing
Commerce, 14th Street and Constitution
activity subject to the EAR; or Center, 40 South Gay Street, Baltimore,
Avenue, NW, Washington, DC 20230,
C. Benefiting in any way from any Maryland 21202鈥?4022.
telephone: (202) 482鈥?5287 and (202)
transaction involving any item exported In accordance with the provisions of
482鈥?1690, respectively.
or to be exported from the United States Section 766.24(d) of the EAR, BIS may
SUPPLEMENTARY INFORMATION:
that is subject to the EAR, or in any seek renewal of this Order by filing a
other activity subject to the EAR. written request not later than 20 days Background
Second, that no person may, directly before the expiration date. The
On November 23, 2007, the
or indirectly, do any of the following: Respondents may oppose a request to
Department published Certain Cut-to-
A. Export or reexport to or on behalf renew this Order by filing a written
Length Carbon-Quality Steel Plate
of any Denied Person any item subject submission with the Assistant Secretary
Products from the Republic of Korea:
to the EAR; for Export Enforcement, which must be
Preliminary Results of Antidumping
B. Take any action that facilitates the received not later than seven days
Duty Administrative Review and Intent
acquisition or attempted acquisition by before the expiration date of the Order.
to Rescind Administrative Review in
any Denied Person of the ownership, A copy of this Order shall be served
Part, 72 FR 65701 (November 23, 2007)
possession, or control of any item on the Respondents and shall be
(Preliminary Results), in the Federal
subject to the EAR that has been or will published in the Federal Register.
Register. The administrative review
be exported from the United States, This Order is effective upon date of
covers three producers/exporters of the
including financing or other support publication in the Federal Register and
subject merchandise.
activities related to a transaction shall remain in effect for 180 days. We invited parties to comment on the
whereby any Denied Person acquires or
Entered this 17th day of March, 2008. Preliminary Results. On December 26,
attempts to acquire such ownership,
2007, we received a case brief from
Darryl W. Jackson,
possession or control;
Dongkuk Steel Mill Co., Ltd. (DSM),
C. Take any action to acquire from or Assistant Secretary of Commerce for Export
producer and importer of the subject
Enforcement.
to facilitate the acquisition or attempted
merchandise. On January 3, 2008, we
acquisition from any Denied Person of [FR Doc. E8鈥?5758 Filed 3鈥?20鈥?08; 8:45 am]
received a rebuttal brief from Nucor
any item subject to the EAR that has BILLING CODE 3510鈥揇T鈥揚
Corporation (Nucor), a domestic
been exported from the United States;
producer and interested party. No
D. Obtain from any Denied Person in
hearing was requested.
the United States any item subject to the DEPARTMENT OF COMMERCE
We have conducted this review in
EAR with knowledge or reason to know
International Trade Administration accordance with section 751(a) of the
that the item will be, or is intended to
Tariff Act of 1930, as amended (the Act).
be, exported from the United States; or [A鈥?580鈥?836]
E. Engage in any transaction to service
Scope of the Order
any item subject to the EAR that has Certain Cut鈥搕o-Length Carbon鈥換uality
The products covered by the
been or will be exported from the Steel Plate Products From the
antidumping duty order are certain hot-
United States and which is owned, Republic of Korea: Final Results of
rolled carbon-quality steel: (1) Universal
possessed or controlled by any Denied Antidumping Duty Administrative
mill plates (i.e., flat-rolled products
Person, or service any item, of whatever Review and Rescission of
rolled on four faces or in a closed box
origin, that is owned, possessed or Administrative Review in Part
pass, of a width exceeding 150 mm but
controlled by any Denied Person if such
not exceeding 1250 mm, and of a
Import Administration,
AGENCY:
service involves the use of any item
nominal or actual thickness of not less
International Trade Administration,
subject to the EAR that has been or will
than 4 mm, which are cut-to-length (not
Department of Commerce.
be exported from the United States. For
in coils) and without patterns in relief),
SUMMARY: On November 23, 2007, the
purposes of this paragraph, servicing
of iron or non-alloy-quality steel; and (2)
Department of Commerce (the
means installation, maintenance, repair,
flat-rolled products, hot-rolled, of a
Department) published the preliminary
modification or testing.
nominal or actual thickness of 4.75 mm
results of the administrative review of
Third, that after notice and
or more and of a width which exceeds
the antidumping duty order on certain
opportunity for comment as provided in
150 mm and measures at least twice the
cut-to-length carbon-quality steel plate
section 766.23 of the EAR, any other
thickness, and which are cut-to-length
products (steel plate) from the Republic
person, firm, corporation, or business
(not in coils). Steel products included in
of Korea. The period of review is
organization related to any of the
the scope of the order are of rectangular,
February 1, 2006, through January 31,
Respondents by affiliation, ownership,
square, circular, or other shape and of
2007. We gave interested parties an
control, or position of responsibility in
rectangular or non-rectangular cross-
opportunity to comment on the
the conduct of trade or related services
mstockstill on PROD1PC66 with NOTICES
section where such non-rectangular
preliminary results. Based on our
may also be made subject to the
cross-section is achieved subsequent to
analysis of the comments received and
provisions of this Order.
Fourth, that this Order does not the rolling process (i.e., products which
an examination of our calculations, we
prohibit any export, reexport, or other have been 鈥樷?榳orked after rolling鈥欌??)鈥攆or
have made changes for the final results.
transaction subject to the EAR where the example, products which have been
The final weighted-average dumping
only items involved that are subject to beveled or rounded at the edges. Steel
margins are listed below in the 鈥樷?楩inal
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15133
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
reported to the Department in a prior
7226.91.8000, and 7226.99.0000. The
products that meet the noted physical
HTSUS subheadings are provided for segment of an AD/CVD proceeding).
characteristics that are painted,
convenience and customs purposes. The
varnished, or coated with plastic or
Analysis of Comments Received
written description of the merchandise
other non-metallic substances are
The issues raised in the case and
covered by the order is dispositive.
included within this scope. Also,
rebuttal briefs are addressed in the
specifically included in the scope of the Rescission of Administrative Review in 鈥樷?業ssues and Decision Memorandum鈥欌??
order are high strength, low alloy Part (Decision Memorandum) from Stephen
(HSLA) steels. HSLA steels are
In the Preliminary Results, we J. Claeys, Deputy Assistant Secretary, to
recognized as steels with micro-alloying
explained that DSEC Co., Ltd., a David M. Spooner, Assistant Secretary,
levels of elements such as chromium,
subsidiary of Daewoo Shipbuilding & dated March 14, 2008, which is hereby
copper, niobium, titanium, vanadium,
Marine Engineering (DSEC), reported adopted by this notice. A list of the
and molybdenum. Steel products
that it had no shipments of subject issues which parties have raised and to
included in this scope, regardless of
merchandise subject to this review and which we have responded is in the
Harmonized Tariff Schedule of the
that our review of information from U.S. Decision Memorandum and attached to
United States (HTSUS) definitions, are
Customs and Border Protection (CBP) this notice as an Appendix. The
products in which: (1) Iron
supported DSEC鈥檚 claim. Additionally, Decision Memorandum, which is a
predominates, by weight, over each of
we stated that we would rescind the public document, is on file in the
the other contained elements, (2) the
review with respect to DSEC if we Central Records Unit, main Department
carbon content is two percent or less, by
continued to find that DSEC did not building, Room 1117 and accessible on
weight, and (3) none of the elements have any shipments of subject the Web at http://ia.ita.doc.gov/frn/
listed below is equal to or exceeds the merchandise to the United States during index. html. The paper copy and
quantity, by weight, respectively the period of review. See Preliminary electronic version of the Decision
indicated: 1.80 percent of manganese, or Results, 72 FR at 65702. Because we Memorandum are identical in content.
1.50 percent of silicon, or 1.00 percent have not received any information
of copper, or 0.50 percent of aluminum, Changes Since the Preliminary Results
indicating that DSEC had any shipments
or 1.25 percent of chromium, or 0.30 of subject merchandise during the POR, Based on our analysis of the
percent of cobalt, or 0.40 percent of we are rescinding the administrative comments received, we revised the
lead, or 1.25 percent of nickel, or 0.30 review with respect to DSEC. product-comparison section of the
percent of tungsten, or 0.10 percent of margin-calculation program for DSM.
Use of Adverse Facts Available
molybdenum, or 0.10 percent of This revision is discussed in the
niobium, or 0.41 percent of titanium, or We determined in the Preliminary Decision Memorandum at Comment 1.
0.15 percent of vanadium, or 0.15 Results that, because TC Steel failed to We also corrected a ministerial error
percent zirconium. All products that provide any information to the involving the currency conversion for
meet the written physical description, Department within the meaning of inventory carrying costs. Specifically,
and in which the chemistry quantities section 776(a)(2) of the Act, we must we converted the variable used for this
do not equal or exceed any one of the rely entirely on facts available. We cost from Korean won to U.S. dollars,
levels listed above, are within the scope determined further that, because TC but in the Preliminary Results we
of the order unless otherwise Steel failed to cooperate to the best of neglected to use the converted variable
specifically excluded. The following its ability, in accordance with 776(b) of in our calculations. The correction of
products are specifically excluded from the Act the use of an adverse inference this ministerial error had no impact on
the order: (1) Products clad, plated, or is warranted. See Preliminary Results, the dumping margin. See the Final
coated with metal, whether or not 72 FR at 65702. Analysis Memorandum for DSM dated
Because we have not received any
painted, varnished or coated with March 14, 2008, for more detailed
information since the Preliminary
plastic or other non-metallic substances; information on these changes.
Results which affects our analysis of the
(2) SAE grades (formerly AISI grades) of
Final Results of Review
use of facts available for TC Steel, we
series 2300 and above; (3) products
continue to assign the highest product-
made to ASTM A710 and A736 or their As a result of our review, we
specific margin, 32.70 percent, which
proprietary equivalents; (4) abrasion- determine that the following weighted-
we have calculated in this review based
resistant steels (i.e., USS AR 400, USS average dumping margins exist for the
on the data reported by a respondent. As
AR 500); (5) products made to ASTM period February 1, 2006, through
we stated in the Preliminary Results, we
A202, A225, A514 grade S, A517 grade January 31, 2007:
selected this rate because we have never
S, or their proprietary equivalents; (6)
reviewed TC Steel in a prior segment of
ball bearing steels; (7) tool steels; and (8) Margin
Manufacturer/Exporter
this proceeding and we do not have any
silicon manganese steel or silicon (percent)
additional information about this
electric steel. Imports of steel plate are
Dongkuk Steel Mill Co., Ltd. ....... 1.97
company. Moreover, this rate is
currently classified in the HTSUS under
TC Steel ...................................... 32.70
sufficiently high as to reasonably assure
subheadings 7208.40.3030,
that TC Steel does not obtain a more
7208.40.3060, 7208.51.0030,
Assessment Rates
favorable result by failing to cooperate.
7208.51.0045, 7208.51.0060,
Upon issuance of these final results,
Finally, given that this information was
7208.52.0000, 7208.53.0000,
the Department shall determine, and
reported to the Department in the
7208.90.0000, 7210.70.3000,
CBP shall assess, antidumping duties on
instant segment of the proceeding, there
7210.90.9000, 7211.13.0000,
mstockstill on PROD1PC66 with NOTICES
all appropriate entries. In accordance
is no basis to doubt this information鈥檚
7211.14.0030, 7211.14.0045,
with 19 CFR 351.212(b)(1), for DSM, we
reliability and relevance as applied in
7211.90.0000, 7212.40.1000,
calculated an importer-specific
this segment to TC Steel. See generally
7212.40.5000, 7212.50.0000,
assessment rate for these final results of
the SAA at 870 (discussing the need to
7225.40.3050, 7225.40.7000,
review. We divided the total dumping
corroborate information used as facts
7225.50.6000, 7225.99.0090,
margins for the reviewed sales by the
available when that information was
7226.91.5000, 7226.91.7000,
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15134 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Notices
in the LTFV investigation,1 adjusted for
total entered value of those reviewed DEPARTMENT OF COMMERCE
sales for the importer. We will instruct the export-subsidy rate in the
International Trade Administration
CBP to assess the importer-specific rate companion countervailing duty
uniformly, as appropriate, on all entries investigation.2 These deposit [A鈥?337鈥?806]
of subject merchandise made by the requirements shall remain in effect until
relevant importer during the POR. See Certain Individually Quick Frozen Red
further notice.
Raspberries from Chile: Notice of
19 CFR 351.212(b).
Notification Extension of Time Limit for Preliminary
The Department clarified its
Results of Antidumping Duty
鈥樷?榓utomatic assessment鈥欌?? regulation on This notice serves as a reminder to
Administrative Review
May 6, 2003. See Antidumping and importers of their responsibility under
Countervailing Duty Proceedings: 19 CFR 351.402(f) to file a certificate Import Administration,
AGENCY:
Assessment of Antidumping Duties, 68 International Trade Administration,
regarding the reimbursement of
FR 23954 (May 6, 2003) (Assessment of Department of Commerce.
antidumping duties prior to liquidation
Antidumping Duties). This clarification EFFECTIVE DATE: March 21, 2008.
of the relevant entries during this
will apply to entries of subject review period. Failure to comply with FOR FURTHER INFORMATION CONTACT:
merchandise during the POR produced this requirement could result in the David Neubacher or Nancy Decker, AD/
by DSM for which DSM did not know CVD Operations, Office 1, Import
Department鈥檚 presumption that
its merchandise was destined for the Administration, International Trade
reimbursement of antidumping duties
United States. In such instances, we will Administration, U.S. Department of
occurred and the subsequent assessment
instruct CBP to liquidate unreviewed Commerce, 14th Street and Constitution
of doubled antidumping duties.
entries of DSM-produced merchandise Avenue, NW, Washington, DC 20230;
This notice also serves as a reminder
at the all-others rate if there is no rate telephone (202) 482鈥?5823 or (202) 482鈥?
to parties subject to administrative
for the intermediate company(ies) 0196, respectively.
protective order (APO) of their
involved in the transaction. For a full
Statutory Time Limits
responsibility concerning the
discussion of this clarification, see
disposition of proprietary information Section 751(a)(3)(A) of the Tariff Act
Assessment of Antidumping Duties.
disclosed under APO in accordance of 1930, as amended (鈥樷?榯he Act鈥欌??),
Because we are relying on total
with 19 CFR 351.305(a)(3). Timely requires the Department of Commerce
adverse facts available to establish TC
notification of the return or destruction (鈥樷?楧epartment鈥欌??) to issue the preliminary
Steel鈥檚 dumping margin, we will
of APO materials or conversion to results of an administrative review
instruct CBP to apply a dumping margin
within 245 days after the last day of the
judicial protective order is hereby
of 32.70 percent to all entries of subject
anniversary month of an order for which
requested. Failure to comply with the
merchandise during the POR that were
a review is requested and a final
regulations and the terms of an APO is
produced and/or exported by TC Steel.
determination within 120 days after the
a sanctionable violation.
The Department will issue liquidation date on which the preliminary results
These final results of administrative
instructions to CBP 15 days after the are published. If it is not practicable to
review are issued and published in
publication of these final results of complete the review within the time
accordance with sections 751(a)(1) and
review. period, section 751(a)(3)(A) of the Act
777(i)(1) of the Act. allows the Department to extend these
Cash-Deposit Requirements
deadlines to a maximum of 365 days
Dated: March 14, 2008.
and 180 days, respectively.
The following deposit requirements David M. Spooner,
will be effective upon publication of Assistant Secretary for Import Background
this notice of final results of Administration.
On August 24, 2007, the Department
administrative review for all shipments
published in the Federal Register a
Appendix
of steel plate from Korea entered, or
notice of initiation of administrative
withdrawn from warehouse, for List of Issues Addressed in the Issues review of the antidumping duty order
consumption on or after the date of and Decision Memorandum on individually quick frozen red
publication, as provided by section
raspberries from Chile, covering the
Comment 1 Product Matching
751(a)(2)(C) of the Act: (1) the cash-
period July 1, 2006, through June 30,
deposit rates for the reviewed Comment 2 Offsetting Positive Margins 2007. See Initiation of Antidumping and
companies will be the rates established With Negative Margins Countervailing Duty Administrative
in the final results of this review; (2) for [FR Doc. E8鈥?5780 Filed 3鈥?20鈥?08; 8:45 am] Reviews and Request for Revocation in
previously reviewed or investigated
Part, 72 FR 48613 (August 24, 2007).
BILLING CODE 3510鈥揇S鈥揝
companies not listed above, the cash-
The preliminary results for this
deposit rate will continue to be the
administrative review are currently due
company-specific rate published for the
no later than April 1, 2008.
most recent period; (3) if the exporter is 1 See Notice of Final Determination of Sales at
Extension of Time Limits for
not a firm covered in this review, a prior Less Than Fair Value: Certain Cut-To-Length
Preliminary Results
review, or the less-than-fair-value Carbon-Quality Steel Plate Products from Korea, 64
investigation but the manufacturer is, The Department requires additional
FR 73196, 73214 (December 29, 1999).
the cash-deposit rate will be the rate 2 See Final Affirmative Countervailing Duty
time to review and analyze the sales and
mstockstill on PROD1PC66 with NOTICES
established for the most recent period Determination: Certain Cut-to-Length Carbon- cost information submitted by the
Quality Steel Plate From the Republic of Korea, 64
for the manufacturer of the respondent in this administrative
FR 73176, 731818鈥?86 (December 29, 1999), as
merchandise; (4) if neither the exporter review because this review involves
amended in Notice of Amended Final
nor the manufacturer has its own rate, complex cost accounting issues. Thus, it
Determinations: Certain Cut-to-Length Carbon-
the cash-deposit rate will be 0.98 is not practicable to complete this
Quality Steel Plate From India and the Republic of
percent, the all-others rate established review within the original time limit
Korea, 65 FR 6587, 6588 (February 10, 2000).
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