Notice2021-24080
Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review and Rescission in Part; 2019
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
November 4, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that certain producers/exporters of certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR) January 1, 2019, through December 31, 2019. Additionally, we are rescinding this review with respect to 13 companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 211 (Thursday, November 4, 2021)</title>
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[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Pages 60797-60799]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24080]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results of Countervailing Duty Administrative Review
and Rescission in Part; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain producers/exporters of certain hot-rolled steel flat
products (hot-rolled steel) from the Republic of Korea (Korea) received
countervailable subsidies during the period of review (POR) January 1,
2019, through December 31, 2019. Additionally, we are rescinding this
review with respect to 13 companies. We invite interested parties to
comment on these preliminary results.
DATES: Applicable November 4, 2021.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2517.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 2020, Commerce published a notice of initiation of
an administrative review of the countervailing duty (CVD) order on hot-
rolled steel from Korea.\1\ On January 12, 2021, Commerce selected
Hyundai Steel as the mandatory respondent in this administrative
review.\2\ On June 16, 2021, Commerce extended the deadline for the
preliminary results of this review.\3\ The revised deadline for these
preliminary results is now October 29, 2021.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 78990 (December 8, 2020); see also
Certain Hot-Rolled Steel Flat Products from Brazil and the Republic
of Korea: Amended Final Affirmative Countervailing Duty
Determinations and Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
\2\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order of Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Respondent Selection,'' dated January
12, 2021.
\3\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated June
16, 2021.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included at Appendix I 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, 2019:
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order is hot-rolled steel from Korea.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90
[[Page 60798]]
days of the date of publication of the notice of initiation. Commerce
received a timely-filed withdrawal request from the petitioners,\5\
pursuant to 19 CFR 351.213(d)(1). Because the withdrawal request was
timely filed, and no other party requested a review of these companies,
in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review with respect to the following companies: DCE Inc; Dong Chuel
America Inc.; Dong Chuel Industrial Co., Ltd.; Dongbu Incheon Steel
Co., Ltd.; Dongbu Steel Co., Ltd.; Dongkuk Industries Co., Ltd.;
Dongkuk Steel Mill Co., Ltd.; Hyewon Sni Corporation (H.S.I.); JFE
Shoji Trade Korea Ltd.; POSCO Coated & Color Steel Co., Ltd.; POSCO
Daewoo Corporation; Soon Hong Trading Co., Ltd.; and Sung-A Steel Co.,
Ltd.
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\5\ The petitioners are AK Steel Corporation, ArcelorMittal USA
LLC, Nucor Corporation (Nucor), SSAB Enterprises, LLC, Steel
Dynamics, Inc., and United States Steel Corporation.
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Methodology
Commerce is conducting 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 preliminarily
determine 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.\6\ For a full description of the
methodology underlying all of Commerce's conclusions, see the
Preliminary Decision Memorandum.
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\6\ 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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Preliminary Rate for Non-Selected Company Under Review
There is one company in this review that was not selected as a
mandatory respondent, i.e., POSCO. The Act and Commerce's regulations
do not directly address the rates to be applied to companies not
selected for individual examination where Commerce limits its
examination in an administrative review pursuant to section 777A(e)(2)
of the Act. However, Commerce normally determines the rates for non-
selected companies in reviews in a manner that is consistent with
section 705(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available. Commerce is,
accordingly, basing the subsidy rate for POSCO on the rate calculated
for Hyundai Steel.
Preliminary Results of Administrative Review
We preliminarily determine the following net countervailable
subsidy rates for the period January 1, 2019, through December 31,
2019:
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Subsidy rate
Company (percent ad
valorem)
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Hyundai Steel Co., Ltd.................................... 0.56
POSCO..................................................... 0.56
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Disclosure and Public Comment
We will disclose to the parties in this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\7\ Case briefs, or
other written comments, may be submitted to the Assistant Secretary for
Enforcement and Compliance at a date to be determined. Rebuttal
comments (rebuttal briefs), limited to issues raised in case briefs,
may be filed within seven days \8\ after the time limit for filing case
briefs. Parties who submit arguments are requested to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\9\ All briefs must be filed
electronically using ACCESS. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information under further notice.\10\
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\7\ See 19 CFR 351.224(b).
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020) (Temporary Rule).
\9\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\10\ See Temporary Rule.
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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 by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.\11\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a time and date to be determined. Parties should confirm the
date and time of the hearing two days before the scheduled date.
Parties are reminded that all briefs and hearing requests must be filed
electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date.
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\11\ See 19 CFR 351.310(c).
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Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act, upon issuance of the
final results, Commerce shall 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. If the assessment rate calculated in the final results in
zero or de minimis, we will instruct CBP to liquidate all appropriate
entries without regard to countervailing duties. 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
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies listed
above, except, where the rate calculated in the final results is de
minimis, no cash deposit will be required on shipments of the subject
merchandise entered or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. 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.
Final Results of Review
Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1), unless this deadline is extended.
[[Page 60799]]
Notice to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213
and 19 CFR 351.221(b)(4).
Dated: October 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Partial Rescission of Administrative Review
V. Scope of the Order
VI. Non-Selected Company Under Review
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2021-24080 Filed 11-3-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 4, 2021.
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