Notice2021-16083
Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2018
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 28, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea. The period of review (POR) is January 1, 2018, through December 31, 2018.
Full Text
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<title>Federal Register, Volume 86 Issue 142 (Wednesday, July 28, 2021)</title>
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[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40465-40467]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16083]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-882]
Certain Cold-Rolled Steel Flat Products From the Republic of
Korea: Final Results of Countervailing Duty Administrative Review; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of certain cold-rolled steel flat products (cold-rolled steel) from the
Republic of Korea. The period of review (POR) is January 1, 2018,
through December 31, 2018.
DATES: Applicable July 28, 2021.
FOR FURTHER INFORMATION CONTACT: Moses Song or Tyler Weinhold, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7885 or (202) 482-1121,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on
January 26, 2021.\1\ On April 8, 2021, Commerce extended the deadline
for the final results of this administrative review until July 23,
2021.\2\ On May 25, 2021, Commerce issued a post-preliminary analysis
on the electricity for less than adequate remuneration allegation and
the equity infusions that Dongbu Steel Co., Ltd. (Dongbu Steel)
received.\3\ For a description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\4\
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\1\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review; 2018, 86 FR 7063 (January 26, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
from the Republic of Korea; Countervailing Duty Administrative
Review; 2018: Extension of Deadline for Final Results,'' dated April
8, 2021.
\3\ See Memorandum, ``Countervailing Duty Administrative Review
of Certain Cold-Rolled Steel Flat Products from the Republic of
Korea: Post-Preliminary Analysis Memorandum--Electricity for Less
than Adequate Remuneration and Equity Infusions,'' dated May 25,
2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018 Administrative Review of the
Countervailing Duty Order on Certain Cold-Rolled Steel Flat Products
from the Republic of Korea,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order
The product covered by this order is cold-rolled steel. For a
complete description of the scope of this order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum accompanying this notice. A list
of the issues raised by parties, and to which Commerce responded in the
Issues and Decision Memorandum, is provided in Appendix I to this
notice. 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Changes Since the Preliminary Results
Based on the comments received and record evidence, we made certain
changes to the Preliminary Results with
[[Page 40466]]
respect to the net subsidy calculated for Dongbu Steel/Dongbu Incheon
Steel Co., Ltd. (collectively, Dongbu), and for companies not selected
for individual review. These changes are explained in the Issues and
Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\5\ For a description of the methodology underlying all of
Commerce's conclusions, see the Issues and Decision Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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In making these final results, Commerce is relying, in part, on
facts otherwise available, including an adverse inference, pursuant to
section 776(a) and 776(b) of the Act. For a full discussion of our
application of facts otherwise available, see the Preliminary
Results.\6\
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\6\ See Preliminary Results Preliminary Decision Memorandum at
16-18.
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Companies Not Selected for Individual Review
For the companies not selected for individual review, because the
rates calculated for Dongbu and Hyundai Steel Co., Ltd. (Hyundai Steel)
are above de minimis and not based entirely on facts available, we
applied a subsidy rate based on the weighted-average of the subsidy
rates calculated for Dongbu and Hyundai Steel using publicly ranged
sales data submitted by the respondents.\7\ This is consistent with the
methodology that we use in an investigation to establish the all-others
rate, pursuant to section 705(c)(5)(A) of the Act.
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\7\ With two respondents under review, Commerce normally
calculates: (A) A weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly ranged U.S.
sales values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
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Final Results of Administrative Review
We determine that, for the period January 1, 2018 through December
31, 2018, the following net countervailable subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Dongbu Steel Co., Ltd./Dongbu Incheon Steel Co., Ltd.... 9.18
Hyundai Steel Co., Ltd.................................. 0.51
Non-Selected Companies Under Review \8\................. 1.93
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Assessment Rate
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\8\ See Appendix II.
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Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review, for the above-listed companies at the
applicable ad valorem assessment rates listed. Consistent with its
recent notice,\9\ Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of the final
results of this review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
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\9\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Rates
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the companies listed above. For
all non-reviewed firms, we will instruct CBP to continue to collect
cash deposits of estimated countervailing duties at the most recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposits, when imposed, shall remain in effect
until further notice.
Administrative Protective Order
This notice also serves as a final 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). 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 terms of an APO is a sanctionable
violation.
Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Notice to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: July 22, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Changes Since the Preliminary Results
V. Scope of the Order
VI. Period of Review
VII. Subsidies Valuation Information
VIII. Use of Facts Otherwise Available
IX. Analysis of Programs
X. Discussion of Comments
Comment 1: Whether Electricity for Less Than Adequate
Remuneration Confers a Benefit
Comment 2: Whether Commerce's Determination that Port Usage
Rights Provide a Countervailable Benefit is Unsupported by Evidence
and Contrary to Law
Comment 3: Whether the Reduction for Sewerage Usage Fees is
Countervailable
Comment 4: Whether the Restructuring of Dongbu's Existing Loans
by GOK-Controlled Financial Institutions Constitutes a Financial
Contribution and a Benefit to Dongbu
Comment 5: Whether the Restructured Loans Provided to Dongbu
were Specific
Comment 6: Whether Commerce Should Use the Interest Rates from
Loans Provided by Private Banks Participating in the Creditor Bank
Committee as Benchmarks
Comment 7: Whether Dongbu Steel's Debt-to-Equity Conversions are
Countervailable
Comment 8: Whether Commerce Incorrectly Calculated the Discount
Rate for Allocating the Benefits from the Debt-to-Equity Conversions
Comment 9: Whether Commerce Made a Ministerial Error in Its
Calculation of the Benefit Conferred by Dongbu's Debt Restructuring
Program by Omitting Certain Benefit Amounts
XI. Recommendation
Appendix II
List of Non-Selected Companies
1. AJU Steel Co., Ltd.
[[Page 40467]]
2. Amerisource Korea
3. BC Trade
4. Busung Steel Co., Ltd.
5. Cenit Co., Ltd
6. Daewoo Logistics Corporation
7. Dai Yang Metal Co., Ltd.
8. DK GNS Co., Ltd.
9. Dong Jin Machinery
10. Dongkuk Steel Mill Co., Ltd.
11. Dongkuk Industries Co., Ltd.
12. Eunsan Shipping and Air Cargo Co., Ltd.
13. Euro Line Global Co., Ltd.
14. GS Global Corp.
15. Hanawell Co., Ltd.
16. Hankum Co., Ltd.
17. Hyosung TNC Corp.
18. Hyuk San Profile Co., Ltd.
19. Hyundai Group
20. Iljin NTS Co., Ltd.
21. Iljin Steel Corp.
22. Jeen Pung Industrial Co., Ltd.
23. Kolon Global Corporation
24. Nauri Logistics Co., Ltd.
25. Okaya Korea Co., Ltd.
26. PL Special Steel Co., Ltd.
27. POSCO
28. POSCO C&C Co., Ltd.
29. POSCO Daewoo Corp.
30. POSCO International Corp.
31. Samsung C&T Corp.
32. Samsung STS Co., Ltd.
33. SeAH Steel Corp.
34. SK Networks Co., Ltd.
35. Taihan Electric Wire Co., Ltd.
36. TGS Pipe Co., Ltd.
37. TI Automotive Ltd.
38. Xeno Energy
[FR Doc. 2021-16083 Filed 7-27-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 28, 2021.
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