Notice2021-16622
Carbon and Alloy Steel Wire Rod From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
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
August 4, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that POSCO, a producer and exporter of carbon and alloy steel wire rod (wire rod) from the Republic of Korea (Korea), sold subject merchandise in the United States at prices below normal value during the period of review (POR) May 1, 2019, through April 30, 2020. We invite all interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 147 (Wednesday, August 4, 2021)</title>
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[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41951-41953]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16622]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-891]
Carbon and Alloy Steel Wire Rod From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
POSCO, a producer and exporter of carbon and alloy steel wire rod (wire
rod) from the Republic of Korea (Korea), sold subject merchandise in
the United States at prices below normal value during the period of
review (POR) May 1, 2019, through April 30, 2020. We invite all
interested parties to comment on these preliminary results.
[[Page 41952]]
DATES: Applicable August 4, 2021.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2316.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2018, Commerce published in the Federal Register the
Order.\1\ On April 8, 2019, Commerce revoked, in part, the Order with
respect to grade 1078 and higher tire cord quality wire rod used in the
production of tire cord wire.\2\ On June 13, 2019, Commerce revoked, in
part, the Order with respect to valve spring quality (VSQ) wire rod.\3\
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\1\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic
of Korea, Spain, the Republic of Turkey, and the United Kingdom:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Duty Determinations for Spain and the Republic of Turkey, 83 FR
23417 (May 21, 2018) (Order).
\2\ See Carbon and Alloy Steel Wire Rod from the Republic of
Korea and the United Kingdom: Notice of Final Results of Antidumping
Duty Changed Circumstances Review, 84 FR 13888 (April 8, 2019).
\3\ See Carbon and Alloy Steel Wire Rod from the Republic of
Korea: Final Results of Antidumping Duty Changed Circumstances
Review, 84 FR 27582 (June 13, 2019).
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Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of Tariff Act of 1930, as amended (the
Act).\4\ On July 10, 2020, in accordance with 19 CFR 351.221(c)(1)(i),
we initiated this review covering POSCO, the sole producer and exporter
for which a review was requested.\5\
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\4\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic
of Korea, Spain, the Republic of Turkey, and the United Kingdom:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Duty Determinations for Spain and the Republic of Turkey, 83 FR
23417 (May 21, 2018) (Order); see also Carbon and Alloy Steel Wire
Rod from the Republic of Korea and the United Kingdom: Notice of
Final Results of Antidumping Duty Changed Circumstances Review, 84
FR 13888 (April 8, 2019); and Carbon and Alloy Steel Wire Rod from
the Republic of Korea: Final Results of Antidumping Duty Changed
Circumstances Review, 84 FR 27582 (June 13, 2019).
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 41540 (July 10, 2020).
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On July 21, 2020, Commerce tolled all preliminary and final results
in administrative reviews by 60 days.\6\ On March 11, 2021 and June 17,
2021, we extended the deadline for issuing the preliminary results
until July 30, 2021.\7\
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\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020
(the deadline for the final results was actually tolled by 57 days
because the tolling started three day before the publication date of
the Preliminary Results).
\7\ See Memorandum, ``Carbon and Alloy Steel Wire Rod from the
Republic of Korea--Extension of Deadline for Preliminary Results,''
dated March 11, 2021; see also Memorandum, ``Carbon and Alloy Steel
Wire Rod from the Republic of Korea--Extension of Deadline for the
Preliminary Results,'' dated June 17, 2021.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Carbon and Alloy
Steel Wire Rod from the Republic of Korea; 2017-2019,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The scope of the Order includes certain hot-rolled products of
carbon steel and alloy steel, in coils, of approximately round cross
section, less than 19.00 mm in actual solid cross-sectional diameter.
Excluded from the scope are grade 1078 and higher tire cord quality
wire rod to be used in the production of tire cord wire. Also, excluded
from the scope are valve spring quality (VSQ) steel products which is
defined as wire rod. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.\9\
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\9\ Id.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Constructed export prices are calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum. A list of topics discussed in the Preliminary Decision
Memorandum is attached as an appendix to this notice.
The Preliminary 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 Preliminary Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Preliminary Results
We preliminarily determine the following weighted-average dumping
margin for the period May 1, 2019, through April 30, 2020:
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Weighted-
average
Exporter and producer dumping
margin
(percent)
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POSCO...................................................... 7.51
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\10\ The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review and
for future deposits of estimated duties, where applicable.\11\ 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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\10\ See 19 CFR 351.212(b).
\11\ See section 751(a)(2)(C) of the Act.
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Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent), we will calculate an importer-specific ad valorem
duty assessment rate based on the ratio of the total amount of dumping
calculated for the U.S. sales for a given importer to the total entered
value of those sales. Where either the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise during the POR produced by POSCO
for which it did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate such unreviewed
entries pursuant to the reseller policy,\12\ i.e., the assessment rate
for such entries will be equal to the all-others rate established in
the investigation (i.e., 41.10 percent), if there is no rate for the
intermediate company(ies) involved in the transaction.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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[[Page 41953]]
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for POSCO will be
equal to POSCO's weighted-average dumping margin established in the
final results of this review, except if the rate is less than 0.50
percent, and therefore de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously investigated companies not participating in this review,
the cash deposit will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, or the underlying investigation, but the
producer is, then the cash deposit rate will be the rate established
for the completed segment for the most recent POR for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 41.10 percent, the all-others rate
established in the underlying investigation.\13\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\13\ See Order, 81 FR at 23419.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\14\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the time limit for filing case briefs.\15\
Parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\16\ Executive summaries should be limited to five pages
total, including footnotes. Case and rebuttal briefs should be filed
using ACCESS and must be served on interested parties.\17\ Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\18\
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\14\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\15\ See 19 CFR 351.309(d)(1).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ See 19 CFR 351.303.
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\19\ Hearing requests
should contain: (1) The party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\20\
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\19\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
\20\ See 19 CFR 351.310(c).
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Final Results of Review
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), unless otherwise
extended.\21\
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\21\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: July 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Comparisons to Normal Value
V. Date of Sale
VI. Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-16622 Filed 8-3-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 4, 2021.
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