Korea Steel Plate in Coils: AD Order Revoked Due to Section 129 Determination
The International Trade Administration is revoking the antidumping duty order on stainless steel plate in coils from Korea (A-580-831) due to its determination under Section 129 of the Uruguay Round Agreements Act regarding “zeroing” (disregarding non-dumped sales transactions in the margin calculation). The revocation is effective November 16, 2011 and is expected to be implemented by U.S. Customs and Border Protection soon.
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(In February 2011, the World Trade Organization Dispute Settlement Body (DSB) adopted a Dispute Settlement Panel’s (DSP’s) report in the dispute between the U.S. and Korea regarding U.S. “zeroing” in AD measures involving stainless steel plate in coils from Korea (DS402). The DSP concluded that the U.S. acted inconsistently with the WTO AD Agreement by using "zeroing" in determining dumping rates.
In March 2011, the U.S. stated that it intended to implement the DSP recommendation and rulings within a reasonable time. The U.S. and Korea subsequently agreed on a nine month implementation time, i.e., by November 24, 2011. Summary of WTO dispute available here.)
ITA Recalculation Results in De Minimis (Zero) Rates
Upon recalculation without zeroing, the rate for Pohang Iron & Steel Co., Ltd. is de minimis (.55%). Because the changes to the margin calculations result in a zero rate for the mandatory respondent, the ITA found a de minimis (.55%) All Others rate. Therefore, the ITA is revoking the order effective November 16, 2011.
Accordingly, the ITA will instruct CBP to liquidate without regard to antidumping duties entries of the subject merchandise with a time of entry on or after that date and to discontinue the collection of cash deposits for entries of stainless steel plate in coils from Korea.
ITA contact -- Irene Gorelik (202) 482-6905
(FR Pub 12/01/11, ITA Case Nos. A-580-831 and A-580-834)