Notice2022-02140
Carbon and Alloy Steel Wire Rod 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
February 2, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that POSCO, the sole producer and exporter subject to this review, made sales of subject merchandise at less than normal value during the period of review (POR), May 1, 2019, through April 30, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 22 (Wednesday, February 2, 2022)</title>
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[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5792-5793]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02140]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-891]
Carbon and Alloy Steel Wire Rod 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 POSCO,
the sole producer and exporter subject to this review, made sales of
subject merchandise at less than normal value during the period of
review (POR), May 1, 2019, through April 30, 2020.
DATES: Applicable February 2, 2022.
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 August 4, 2021, Commerce published the Preliminary Results \1\
of this administrative review. POSCO is the sole producer and exporter
subject to the review. For a complete description of the events that
followed the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce conducted this review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Carbon and Alloy Steel Wire Rod from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2019-2020, 86 FR 41951 (August 4, 2021) (Preliminary
Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Administrative Review of the Antidumping Duty Order
on Carbon and Alloy Steel Wire Rod from the Republic of Korea; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ 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).
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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.
On April 8, 2019, Commerce excluded from the scope of the Order grade
1078 and higher tire cord quality wire rod used in the production of
tire cord wire.\4\ On June 13, 2019, Commerce excluded from the scope
of the Order valve spring quality steel products defined as wire
rod.\5\ For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.
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\4\ 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).
\5\ 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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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum. A list of these issues is attached
in 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>.
Change Since the Preliminary Results
Based on our analysis of the comments received from interested
parties, a review of the record, and for the reasons explained in the
Issues and Decision Memorandum, we revised the general and
administrative expenses ratio and changed the preliminary margin
calculation.
Final Results of the Review
We determine that the following weighted-average dumping margin
exists for the period May 1, 2019, through April 30, 2020:
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Weighted-
Average
Producer and/or Exporter Dumping
Margin
(percent)
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POSCO....................................................... 7.46
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Disclosure
We intend to disclose the calculations performed for the final
results within five days of the publication date of this notice in the
Federal Register, in
[[Page 5793]]
accordance with section 751(a) of the Act and 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.\6\ In
accordance with 19 CFR 351.212(b)(1), Commerce calculated an importer-
specific ad valorem antidumping assessment rate for POSCO that is not
zero or de minimis, and will instruct CBP to assess antidumping duties
on all appropriate entries covered by this review.
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\6\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14,
2012).
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Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by POSCO for which it did
not know that the merchandise was destined for the United States, we
will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.\7\
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\7\ 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 cash deposit requirements will be effective for all
shipments of 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 is equal to the weighted-
average dumping margin established in the final results of this review;
(2) for previously investigated companies not participating in this
review, the cash deposit rate will continue to be the company-specific
rate published for the most recently completed segment of this
proceeding; (3) if the exporter was not covered in this review or the
investigation, but the producer was covered, the cash deposit rate will
be the rate established in the most recently completed segment of this
proceeding for the producer of subject 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 original less-
than-fair-value investigation.\8\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\8\ See Order.
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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 review period. Failure to comply
with this requirement could result in the presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)
and 351.221(b)(5).
Dated: January 27, 2022.
Lisa W. Wang,
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. Change Since the Preliminary Results
V. Discussion of Issues
Comment 1: Whether a Constructed Export Price (CEP) Offset is
Warranted
Comment 2: Whether the POR is the Correct Reporting Period for
Cost of Production
Comment 3: Whether Cost Adjustments for Purchases of Inputs from
Affiliated Suppliers are Warranted
Comment 4: Whether Commerce Should Exclude Four Items from
POSCO's General and Administrative Expenses (G&A) Ratio
VI. Recommendation
[FR Doc. 2022-02140 Filed 2-1-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 2, 2022.
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