Notice2022-02308
Carbon and Alloy Steel Cut-to-Length Plate 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 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on carbon and alloy steel cut-to-length plate from the Republic of Korea. The period of review (POR) is May 1, 2019, through April 30, 2020. The review covers one producer/exporter of the subject merchandise, POSCO and its affiliated companies (collectively, the POSCO single entity). We determine that sales of subject merchandise by the POSCO single entity were not made at prices below normal value (NV).
Full Text
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<title>Federal Register, Volume 87 Issue 24 (Friday, February 4, 2022)</title>
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[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6483-6485]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02308]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-887]
Carbon and Alloy Steel Cut-to-Length Plate 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) is conducting an
administrative review of the antidumping duty order on carbon and alloy
steel cut-to-length plate from the Republic of Korea. The period of
review (POR) is May 1, 2019, through April 30, 2020. The review covers
one producer/exporter of the subject merchandise, POSCO and its
affiliated companies (collectively, the POSCO single entity). We
determine that sales of subject merchandise by the POSCO single entity
were not made at prices below normal value (NV).
DATES: Applicable February 4, 2022.
FOR FURTHER INFORMATION CONTACT: Janae Martin or William Horn, 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) 482-0608 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on August 6, 2021.\1\ We
invited interested parties to comment on the Preliminary Results. For a
complete description of the events that occurred subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\2\
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\1\ See Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020; 86 FR 43178 (August 6, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the 2019-2020 Antidumping Duty Administrative
Review of Carbon and Alloy Steel Cut-to-Length 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>3</SUP>
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\3\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096 (May 25, 2017) (Order).
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The merchandise subject to the Order is carbon and alloy steel cut-
to-length plate. The product is currently classified under the
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and
7226.91.5000.
The products subject to the Order may also enter under the
following HTSUS subheadings: 7208.40.6060, 7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000,
[[Page 6484]]
7212.50.0000, 7214.10.000, 7214.30.0010, 7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090,
7206.11.1000, 7226.11.9060, 7229.19.1000, 7226.19.9000, 7226.91.0500,
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings are provided for convenience and customs
purposes only; the written product description of the scope of the
Order is dispositive. For a complete description of the scope of the
Order, see the accompanying Issues and Decisions Memorandum.\4\
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\4\ See Issues and Decisions Memorandum at 2-7.
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Analysis of Comments Received
All issues raised in the parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed 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 on the internet at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on the comments received from interested parties and record
information, we made no changes to our preliminary margin calculations
for the POSCO single entity.
Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margin exists for the POR:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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POSCO single entity \5\.................................... 00.00
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Disclosure
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\5\ Commerce continues to determine that POSCO, POSCO
International Corporation, POSCO SPS, and certain distributors and
service centers (Taechang Steel Co., Ltd., Winsteel Co., Ltd., and
Shinjin Esco Co., Ltd.) are affiliated pursuant to section
771(33)(E) of the Tariff Act of 1930, as amended (the Act), and that
these companies should be treated as a single entity (collectively,
the POSCO single entity) pursuant to 19 CFR 351.401(f). Our
collapsing determination with respect to Shinjin Esco Co., Ltd.
relates only to the portion of the POR during which the company was
affiliated with POSCO, i.e., from May 1, 2019, to February 10, 2020.
See Preliminary Results; see also Memorandum, ``2019-2020
Antidumping Duty Administrative Review of Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Republic of Korea: Affiliation
and Collapsing Memorandum,'' dated July 30, 2021.
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Normally, Commerce will disclose to the parties in a proceeding the
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.
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with these final results of
review.\6\ Because the weighted-average dumping margin for the POSCO
single entity is zero percent, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\7\
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\6\ See 19 CFR 351.212(b).
\7\ 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).
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, 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.\8\
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\8\ 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 for all
shipments of the 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 the POSCO single
entity will be equal to the weighted-average dumping margin established
in the final results of this administrative review (i.e., zero
percent); (2) for merchandise exported by a producer or exporter not
covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which the producer or exporter participated; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original less-than-fair-value (LTFV) investigation, but the producer
is, the cash deposit rate will be the rate established for the most
recently completed segment of the proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers and
exporters will continue to be 7.10 percent ad valorem, the all-others
rate established in the LTFV investigation.\9\
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\9\ See Order, 82 FR 24098.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 the 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 Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance
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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 the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: January 28, 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. The POSCO Single Entity
V. Discussion of the Issues
Comment 1: Collapsing Taechang and Winsteel with POSCO
VI. Recommendation
[FR Doc. 2022-02308 Filed 2-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 4, 2022.
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