[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Notices]
[Pages 48059-48061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22647]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-862]


Ni-Resist Piston Inserts from the Republic of Korea: Final 
Negative Countervailing Duty Determination

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are not being provided to producers and 
exporters of Ni-resist piston inserts from the Republic of Korea 
(Korea).

DATES: Effective Date: September 21, 2009.

[[Page 48060]]


FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, 
Office 3, Operations, Import Administration, U.S. Department of 
Commerce, Room 4014, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-1009.

SUPPLEMENTARY INFORMATION:

Background

    This investigation covers 15 programs and a single producer/
exporter, Incheon Metal Co., Ltd. (Incheon Metal). The petitioner in 
this investigation is Korff Holdings LLC dba Quaker City Castings 
(Petitioner).

Period of Investigation

    The period of investigation (the POI) for which we are measuring 
subsidies is January 1, 2008, through December 31, 2008, which 
corresponds to the most recently completed fiscal year for Incheon 
Metal and the government of Korea (GOK). See 19 CFR 351.204(b) (2).

Case History

    On July 6, 2009, the Department published in the Federal Register 
the preliminary determination in the countervailing duty investigation 
of Ni-resist piston inserts from Korea. See Ni-Resist Piston Inserts 
from the Republic of Korea: Preliminary Negative Countervailing Duty 
Determination, 74 FR 31919 (July 6, 2009) (Preliminary Determination).
    In accordance with section 782(i)(1) of the Tariff Act of 1930, as 
amended (the Act), from July 30 through August 4, 2009, we conducted 
verification of the questionnaire responses submitted by the GOK and 
Incheon Metal (collectively, respondents). We issued the verification 
reports on August 14, 2009, and August 21, 2009, respectively.\1\
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    \1\ The public version of the verification report and all public 
reports are on file in the Central Records Unit, Room 1117 in the 
main building of the Department.
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    On August 27, 2009, we received a case brief from Petitioner. On 
August 31, 2009, we received a case brief from the GOK. On September 3, 
2009 and September 8, 2009, we received rebuttal briefs from Incheon 
Metal and the GOK. No hearing was requested.

Scope of the Investigation

    The scope of this investigation includes all Ni-resist piston 
inserts regardless of size, thickness, weight, or outside diameter. Ni-
resist piston inserts may also be called other names including, but not 
limited to, ``Ring Carriers,'' or ``Alfin Inserts.'' Ni-resist piston 
inserts are alloyed cast iron rings, with or without a sheet metal 
cooling channel pressed and welded into the interior of the insert. Ni-
resist piston inserts are composed of the material known as Ni-resist, 
of the chemical composition: 13.5% - 17.5% Ni (nickel), 5.5% - 8.0% Cu 
(copper), 0.8% - 2.5% Cr (chromium), 0.5% - 1.5% Mn (manganese), 1.0% - 
3.0% Si (silicon), 2.4% - 3.0% C (carbon). The cast iron composition is 
produced primarily to the material specifications of the American 
Society for Testing and Materials (ASTM), ASTM A-436 grade 1.
    The scope of this investigation does not include piston rings nor 
did any other product manufacture using the Ni-resist material. The 
subject imports are properly classified under subheading 8409.99.91.90 
of the Harmonized Tariff Schedule of the United States (HTSUS), but 
have been imported under HTSUS 7326.90. The HTSUS subheadings are 
provided for convenience and customs purposes. The written description 
is dispositive of the scope of this investigation.

Injury Test

    Because Korea is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, the International Trade 
Commission (the ITC) is required to determine whether imports of the 
subject merchandise from Korea materially injure, or threaten material 
injury, to a U.S. industry. On March 25, 2009, the ITC published its 
preliminary determination finding that there is a reasonable indication 
that an industry in the United States is materially injured by reason 
of imports from Korea of the subject merchandise. See Ni-Resist Piston 
Inserts from Argentina and Korea, Investigation Nos. 701-TA-460-461 
(Preliminary), 74 FR 12898 (March 25, 2009).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the Decision Memorandum. Attached 
to this notice as an Appendix is a list of the issues that parties 
raised and to which we have responded in the Decision Memorandum. 
Parties can find a complete discussion of all issues raised in this 
investigation and the corresponding recommendations in this public 
memorandum, which is on file in the Department's Central Records Unit. 
In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at http://ia.ita.doc.gov/frn/. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Suspension of Liquidation

    In accordance with section 705(c) (1) (B) (i) (I) of the Tariff Act 
of 1930 (as amended) (the Act), we have calculated an individual rate 
for the company under investigation, Incheon Metal which is the 
producer/exporter of the subject merchandise under investigation. We 
determine the total estimated net countervailable subsidy rates are as 
follows:

------------------------------------------------------------------------
             Producer/Exporter                    Net Subsidy Rate
------------------------------------------------------------------------
Incheon Metal Co., Ltd....................         de minimis percent ad
                                                                 valorem
All Others................................         de minimis percent ad
                                                                 valorem
------------------------------------------------------------------------

    In the Preliminary Determination, the total net countervailable 
subsidy rate was de minimis and, therefore, we did not suspend 
liquidation. Because the rate for Incheon Metal remains de minimis, we 
are not directing U.S. Customs and Border Patrol to suspend liquidation 
of entries of Ni-resist pistons from Korea.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination.

Return or Destruction of Proprietary Information

    This notice serves as 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(a)(3). Failure to 
comply is a violation of the APO.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.


[[Page 48061]]


    Dated: September 14, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix-Issues and Decision Memorandum

List of Comments and Issues in the Decision Memorandum

Comment 1: Whether the Tax Benefits under the Namdong National 
Industrial Complex are Countervailable
Comment 2: Whether the Technical Development for Innovation Production 
Environment Program is de facto Specific
Comment 3: Whether the Department Should Expand the POI
[FR Doc. E9-22647 Filed 9-18-09; 8:45 am]
BILLING CODE 3510-DS-S