Notice2021-28403
Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 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
January 3, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to Hyundai Steel Co., Ltd. (Hyundai Steel), a producer and exporter of certain cut-to-length carbon-quality steel plate from the Republic of Korea (Korea). The period of review (POR) is January 1, 2019, through December 31, 2019.
Full Text
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<title>Federal Register, Volume 87 Issue 1 (Monday, January 3, 2022)</title>
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[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 79-80]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28403]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Certain Cut-to-Length Carbon-Quality Steel Plate From the
Republic of Korea: Final Results of Countervailing Duty Administrative
Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to Hyundai Steel Co., Ltd.
(Hyundai Steel), a producer and exporter of certain cut-to-length
carbon-quality steel plate from the Republic of Korea (Korea). The
period of review (POR) is January 1, 2019, through December 31, 2019.
DATES: Applicable January 3, 2022.
FOR FURTHER INFORMATION CONTACT: John Conniff or David Lindgren, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1009 or (202) 482-1671.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on June
30, 2021.\1\ On October 1, 2021, Commerce extended the final results of
review to December 23, 2021.\2\ Subsequently, on October 20, 2021,
Commerce issued its post-preliminary analysis.\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 Cut-To-Length Carbon-Quality Steel Plate from
the Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review; 2019, 86 FR 34718 (June 30, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated October 1, 2021.
\3\ See Memorandum, ``Countervailing Duty Administrative Review
of Certain Cut-To Length Carbon-Quality Steel Plate from the
Republic of Korea; 2019: Post-Preliminary Analysis Memorandum,''
dated October 19, 2021 (Post-Preliminary Analysis Memorandum).
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review, 2019: Certain Cut-
To-Length Carbon-Quality Steel Plate 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 <SUP>5</SUP>
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\5\ See Notice of Amended Final Determination: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-to-
Length Carbon-Quality Steel Plate from France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000)
(Order).
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The product covered by this Order is certain cut-to-length carbon-
quality steel plate. 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' briefs are addressed in
the Issues and Decision Memorandum, which is hereby adopted by this
notice. A list of topics discussed in the Issues and Decision
Memorandum is included as an 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="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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
After evaluating the comments received from interested parties and
record information, we have made no changes to the net subsidy rate
preliminarily calculated for Hyundai Steel in the Preliminary Results
as updated in the post-preliminary analysis. However, as discussed in
the section below, we have revised the rate for the non-selected
companies as calculated in the Preliminary Results. For a discussion of
these comments, see the Issues and Decision Memorandum.
Companies Not Selected for Individual Review
The Act and Commerce's regulations do not directly address the
subsidy rate 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 Tariff Act of 1930, as
amended (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 777A(e)(2)
of the Act provides that ``the individual countervailable subsidy rates
determined under subparagraph (A) shall be used to determine the all-
others rate under section 705(c)(5) {of the Act{time} .'' Section
705(c)(5)(A) of the Act states that for companies not investigated, in
general, we will determine an all-others rate by weight-averaging the
countervailable subsidy rates established for each of the companies
individually investigated, excluding zero and de minimis rates or any
rates based solely on the facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory companies, excluding rates
that are zero, de minimis, or based entirely on facts available.\6\
Because we have determined that Hyundai Steel received countervailing
subsidies that are above de minimis and are not based entirely on facts
available, we will apply Hyundai Steel's net subsidy rate to the non-
selected companies Dongkuk Steel Mill Co., Ltd., BDP International and
Sung Jin Steel Co., Ltd. See the Issues and Decisions Memorandum for a
discussion of assigning this rate to DSM.
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\6\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
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Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of 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.\7\ For a description of
the methodology underlying all of Commerce's conclusions, see the
Issues and Decision Memorandum.
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\7\ 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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Final Results of Administrative Review
We determine that, for the period January 1, 2019, through December
31, 2019, the following net countervailable subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Hyundai Steel Co., Ltd.................................. 0.56
Dongkuk Steel Mill Co., Ltd............................. 0.56
BDP International....................................... 0.56
Sung Jin Steel Co., Ltd................................. 0.56
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Disclosure
No changes were made to the preliminary and post-preliminary
calculations for Hyundai Steel; therefore, there are no calculations to
release for Hyundai Steel.
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Assessment Rate
Pursuant to section 751(a)(1) of the Act and 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 Hyundai Steel at the applicable ad valorem assessment rate
listed. 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 Rates
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 on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative 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.
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), which
continues to govern business proprietary information in this segment of
proceeding. 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 violation subject to sanction.
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: December 23, 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. List of Issues
III. Background
IV. Scope of the Order
V. Period of Review
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of Comments
Comment 1: Whether the Korea Emissions Trading System is
Countervailable
Comment 2: Whether Provision of Port Usage Rights at the Port of
Incheon is Countervailable
Comment 3: Whether Electricity is Subsidized by the Government
of the Republic of Korea
Comment 4: Whether Commerce Should Select Dongkuk Steel Mill
Co., Ltd. as a Voluntary Respondent
Comment 5: Selection of a Final Rate for Dongkuk Steel Mill Co.,
Ltd.
IX. Recommendation
[FR Doc. 2021-28403 Filed 12-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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