Notice2021-26655
Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final 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
December 9, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that Dongkuk Steel Mill Co., Ltd. (Dongkuk) made sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) July 1, 2019, through June 30, 2020. In addition, Commerce determines that Hyundai Steel Company (Hyundai) did not make sales of subject merchandise in the United States at prices below NV during the POR.
Full Text
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<title>Federal Register, Volume 86 Issue 234 (Thursday, December 9, 2021)</title>
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[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70111-70112]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26655]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Final Results of Antidumping Duty Administrative Review; 2019-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Dongkuk
Steel Mill Co., Ltd. (Dongkuk) made sales of subject merchandise in the
United States at prices below normal value (NV) during the period of
review (POR) July 1, 2019, through June 30, 2020. In addition, Commerce
determines that Hyundai Steel Company (Hyundai) did not make sales of
subject merchandise in the United States at prices below NV during the
POR.
DATES: Applicable December 9, 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 August 5, 2021, Commerce published the preliminary results of
the 2019-2020 administrative review of the antidumping duty order on
certain corrosion-resistant steel products (CORE) from the Republic of
Korea (Korea).\1\ The administrative review covers nine exporters and/
or producers of the subject merchandise,\2\ of which we selected
Dongkuk and Hyundai as mandatory respondents.\3\ For the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\4\ Commerce conducted this review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review, 2019-2020, 86 FR 42784 (August 5, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ The nine companies are: (1) Dongbu Incheon Steel Co., Ltd.;
(2) Dongbu Steel Co., Ltd.; (3) KG Dongbu Steel Co., Ltd. (formerly
Dongbu Steel Co., Ltd.); (4) Dongkuk Steel Mill Co., Ltd. (Dongkuk);
(5) Hyundai Steel Company (Hyundai); (6) POSCO; (7) POSCO Coated &
Color Steel Co., Ltd.; (8) POSCO Daewoo Corporation; and (9) POSCO
International Corporation (formerly, POSCO Daewoo Corporation).
\3\ See Preliminary Results, 86 FR at 42785.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Antidumping Duty Administrative
Review: Certain Corrosion-Resistant Steel 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 \5\
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\5\ 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) (Order).
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The merchandise covered by the Order is CORE from Korea. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is in the appendix 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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade/gov/public/FRNoticesListLayout.aspx">https://access.trade/gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
We made no changes to the Preliminary Results.
Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for 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 an
investigation, for guidance when calculating the rate for companies
which we did not individually examine in an administrative review.
Section 735(c)(5)(A) of the Act establishes a preference to avoid using
rates which are zero, de minimis, or based entirely on facts available
(FA) in calculating an all-others rate. Accordingly, Commerce's
practice in administrative reviews has been to average the weighted-
average dumping margins for the companies selected for individual
examination in the administrative review, excluding rates that are
zero, de minimis, or based entirely on FA.\6\ For these final results
of review, we calculated a weighted-average dumping margin for Dongkuk
that is not zero, de minimis, or based entirely on FA. Therefore,
consistent with our practice, we have assigned the companies not
selected for individual examination the weighted-average dumping margin
calculated for Dongkuk.
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\6\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying
Issues and Decision Memorandum at Comment 16.
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Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exists for the period July 1, 2019, through June 30, 2020:
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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 \7\..........................
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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Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
[[Page 70112]]
calculations performed in connection with a final results of review, in
accordance with 19 CFR 351.224(b). However, because Commerce made no
adjustments to the margin calculation methodology used in the
Preliminary Results, there are no additional calculations to disclose
for the final results of this review.
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\7\ 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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Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
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).
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where the respondent
did not report entered value, we calculated importer-specific per-unit
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
quantity 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 de minimis
(i.e., less than 0.5 percent), we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. To determine
whether an importer-specific per-unit duty assessment rate is de
minimis, we calculated an estimated entered value.
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\8\
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\8\ See section 751(a)(2)(C) of the Act.
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Consistent with Commerce's clarification of its 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) \9\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\10\
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\9\ See Order; and 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).
\10\ 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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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of CORE from Korea entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results as
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for
each company listed above will be equal to the weighted-average dumping
margin established in the final results of this review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior completed segment of the proceeding, the
cash deposit rate will continue to be the company-specific rate
published in the completed segment for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original LTFV investigation, but the producer is, then the cash
deposit rate will be the rate established in the completed segment for
the most recent period for the producer of the merchandise; (4) the
cash deposit rate for all other producers or exporters will continue to
be 8.31 percent, the all-others rate established in the LTFV
investigation (as amended) in this proceeding.\11\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\11\ See Order, as amended by Timken and Amended Final Results.
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Notification to Importers
This notice serves as a final 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 Regarding Administrative Protective Orders
This notice also serves as a 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), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
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 violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 3, 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue
Comment: Whether to Use Two Clad Material/Coating Metal Codes
Created By Dongkuk
V. Recommendation
[FR Doc. 2021-26655 Filed 12-8-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 9, 2021.
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