Notice2021-16725
Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
Primary source
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Published
August 5, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that certain corrosion-resistant steel products (CORE) from the Republic of Korea (Korea) were sold in the United States at less than normal value (NV) during the period of review of July 1, 2019, through June 30, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 148 (Thursday, August 5, 2021)</title>
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[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Pages 42784-42787]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16725]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel Products 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 determines
that certain corrosion-resistant steel products (CORE) from the
Republic of Korea (Korea) were sold in the United States at less than
normal value (NV) during the period of review of July 1, 2019, through
June 30, 2020.
DATES: Applicable August 5, 2021.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or Brian Smith, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3640 or (202)
482-1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2016, Commerce published the antidumping duty order
on CORE from Korea.\1\ Commerce initiated this administrative review on
September 3, 2020.\2\ This review covers
[[Page 42785]]
nine companies,\3\ of which we selected Dongkuk and Hyundai as
mandatory respondents.\4\
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\1\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation
Notice).
\3\ The nine companies are: Dongbu Incheon Steel Co., Ltd.,
Dongbu Steel Co., Ltd., KG Dongbu Steel Co., Ltd. (formerly Dongbu
Steel Co., Ltd.), Dongkuk Steel Mill Co., Ltd. (Dongkuk), Hyundai
Steel Company (Hyundai), POSCO, POSCO Coated & Color Steel Co.,
Ltd., POSCO Daewoo Corporation, and POSCO International Corporation
(formerly, POSCO Daewoo Corporation).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping duty Administrative Review: Certain
Corrosion-Resistant Steel Products from the Republic of Korea, 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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On March 18, 2021, we extended the deadline for the preliminary
results of this review until July 30, 2021.\5\ For a detailed
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\6\
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\5\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of 2019-2020 Antidumping Duty Administrative Review,'' dated
March 18, 2021.
\6\ See Preliminary Decision Memorandum.
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Scope of the Order
The merchandise covered by the Order is CORE from Korea. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\7\
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\7\ Id.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
Constructed export price and export price were calculated in accordance
with section 772 of the Act. NV 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 at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an appendix to this
notice.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, the preliminarily estimated weighted-average
dumping margin for Dongkuk is not zero, de minimis, or based entirely
on facts otherwise available, whereas Hyundai's preliminary estimated
weighted-average dumping margin is zero. Therefore, Commerce has
preliminarily assigned Dongkuk's margin to the non-examined companies
in this administrative review in accordance with its practice.\8\
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\8\ See, e.g., Certain Corrosion-Resistant Steel Products from
Taiwan: Final Results of the Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2018-2019, 86 FR 28554,
28555 (May 27, 2021).
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Preliminary Results
We preliminarily determine the following weighted-average dumping
margins for the period July 1, 2019, through June 30, 2020:
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\9\ In a recently completed changed circumstances review,
Commerce found that KG Dongbu Steel Co., Ltd. is the successor-in-
interest to Dongbu Steel Co., Ltd. for purposes of determining
antidumping cash deposits and liabilities. See Certain Cold-Rolled
Steel Flat Products and Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Final Results of Antidumping and
Countervailing Duty Changed Circumstances Reviews, 86 FR 10922
(February 23, 2021). Also, in the previous segment of this
proceeding, Dongbu Steel Co., Ltd. and Dongbu Incheon Steel Co.,
Ltd. were collapsed and treated as a single entity for antidumping
purposes. See Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review; 2018-2019, 85 FR 74987
(November 24, 2020) (unchanged in Corrosion-Resistant Steel Products
From the Republic of Korea: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2018-
2019, 86 FR 28571 (May 27, 2021)). As the facts have not changed
with respect to these companies, we continue to treat them as a
single entity for purposes of this review.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Dongkuk Steel Mill Co., Ltd................................. 0.59
Hyundai Steel Company....................................... 0.00
KG Dongbu Steel Co., Ltd. (formerly Dongbu Steel Co., Ltd.)/ 0.59
Dongbu Incheon Steel Co., Ltd. \9\.........................
POSCO....................................................... 0.59
POSCO Daewoo Corporation.................................... 0.59
POSCO International Corporation (formerly POSCO Daewoo 0.59
Corporation)...............................................
POSCO Coated & Color Steel Co., Ltd......................... 0.59
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. For any individually
examined respondent whose weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.5 percent) in the final results of
this review and the respondent reported entered values, we will
calculate importer-specific ad valorem assessment rates for the
merchandise based on the ratio of the total amount of dumping
calculated for the examined sales made during the POR to each importer
and the total entered value of those same sales, in accordance with 19
CFR 351.212(b)(1). If the respondent has not reported entered values,
we will calculate a per-unit assessment rate for each importer
[[Page 42786]]
by dividing the total amount of dumping calculated for the examined
sales made to that importer by the total quantity associated with those
transactions. Where an importer-specific ad valorem assessment rate is
zero or de minimis in the final results of review, we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties in accordance with 19 CFR 351.106(c)(2). If a respondent's
weighted-average dumping margin is zero or de minimis in the final
results of review, we will instruct CBP not to assess duties on any of
its entries in accordance with the Final Modification for Reviews,
i.e., ``{w{time} here the weighted-average margin of dumping for the
exporter is determined to be zero or de minimis, no antidumping duties
will be assessed.'' \10\
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\10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by any of
the above-referenced respondents for which they did not know that the
merchandise was destined for the United States, we will instruct CBP to
liquidate those entries at the all-others rate in the original less-
than-fair-value (LTFV) investigation (as amended) \11\ if there is no
rate for the intermediate company(ies) involved in the transaction.\12\
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\11\ See Order; Certain Corrosion-Resistant Steel Products from
the Republic of Korea: Notice of Court Decision Not in Harmony with
Final Determination of Investigation and Notice of Amended Final
Results, 83 FR 39054 (August 8, 2018) (Timken and Amended Final
Results).
\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for each specific company listed above will be that
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 most recent segment for the producer of the merchandise; and
(4) the cash deposit rate for all other producers and exporters will
continue to be 8.31 percent, the all-others rate established in the
LTFV investigation (as amended).\13\ These deposit requirements, when
imposed, shall remain in effect until further notice.
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\13\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016), as amended by Timken and Amended Final Results.
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, the content of which is limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\14\ 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.\15\ Case and rebuttal
briefs should be filed using ACCESS \16\ and must be served on
interested parties.\17\ Executive summaries should be limited to five
pages total, including footnotes.
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\14\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
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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
Commerce's electronic records system, ACCESS, within 30 days after the
date of publication of this notice.\18\ Requests should contain: (1)
The party's name, address and telephone number; (2) the number of
participants; and (3) a list of issues parties intend to discuss.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs. If a request for a hearing is
made, Commerce intends to hold a hearing at a time and date to be
determined.\19\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310(d).
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All submissions to Commerce must be filed using ACCESS \20\ and
must be served on interested parties.\21\ An electronically filed
document must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time on the
date that the document is due. Commerce has modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\22\
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\20\ See 19 CFR 351.303.
\21\ See 19 CFR 351.303(f).
\22\ 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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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless this deadline is extended.\23\
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\23\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. 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
[[Page 42787]]
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: July 30, 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. Export Price and Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-16725 Filed 8-4-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 5, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.