Notice2022-04180
Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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
March 1, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), February 1, 2020, through January 31, 2021. We invite interested parties to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 87 Issue 40 (Tuesday, March 1, 2022)</title>
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[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11410-11412]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04180]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate Products From
the Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
producers/exporters subject to this administrative review made sales of
subject merchandise at less than normal value during the period of
review (POR), February 1, 2020, through January 31, 2021. We invite
interested parties to comment on these preliminary results of review.
DATES: Applicable March 1, 2022.
FOR FURTHER INFORMATION CONTACT: Andre Gziryan, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2201.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, Commerce published in the Federal Register an
antidumping duty order on certain cut-to-length carbon-quality steel
plate products (CTL plate) from the Republic of Korea (Korea).\1\ On
February 2, 2021, we published in the Federal Register a notice of
opportunity to request an administrative review of the Order.\2\ On
April 1, 2021, based on timely requests for an administrative review
Commerce initiated the administrative review of four companies.\3\
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\1\ See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products from France, India,
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585
(February 10, 2000) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 7855 (February 2, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 17124 (April 1, 2021) (Initiation
Notice).
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On October 14, 2021, Commerce extended the time limit for issuing
the preliminary results of this review by 117 days, to no later than
February 25, 2022.\4\ For a complete description of the
[[Page 11411]]
events between the initiation of this review and these preliminary
results, see the Preliminary Decision Memorandum.\5\
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\4\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel
Plate Products from the Republic of Korea: Extension of Deadline for
Preliminary Results of the Antidumping Duty Administrative Review;
2020-2021,'' dated October 14, 2021.
\5\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel
Plate Products from the Republic of Korea: Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by this Order are certain CTL plate from
Korea. A full description of the scope of the order is contained in the
Preliminary Decision Memorandum.\6\
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\6\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
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Methodology
Commerce is conducting this review in accordance with section 751
of the Tariff Act of 1930, as amended (the Act). Export price and
constructed export price are calculated in accordance with section 772
of the Act. Normal value is calculated in accordance with section 773
of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics included in the Preliminary Decision Memorandum is included
in the appendix to this notice. The Preliminary Decision Memorandum is
a public document and is made available to the public 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 Preliminary Decision Memorandum is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rates for Respondents Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to 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 a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
In this review, we have preliminarily calculated a weighted-average
dumping margin for the mandatory respondent, Hyundai Steel Company
(Hyundai Steel) that is not zero, de minimis, or determined entirely on
the basis of facts available. Accordingly, Commerce preliminarily has
assigned to the companies not individually examined, listed in the
chart below, a margin of 6.09 percent based on Hyundai Steel's
calculated weighted-average dumping margin.
Preliminary Results of the Administrative Review
We preliminarily determine that the following weighted-average
dumping margins exist for the respondents for the period February 1,
2020, through January 31, 2021:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Hyundai Steel Company...................................... 6.09
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Review-Specific Average Rate Applicable to the Following Companies
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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BDP International........................................... 6.09
Dongkuk Steel Mill Co., Ltd................................. 6.09
Sung Jin Steel Co., Ltd..................................... 6.09
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to the parties within five days after public
announcement of the preliminary results.\7\ Pursuant to 19 CFR
351.309(c), interested parties may submit case briefs not later than 30
days after the date of publication of this notice. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the date for filing case briefs.\8\ Commerce
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\9\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue, (2) a brief
summary of the argument, and (3) a table of authorities.\10\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(d).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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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. Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case 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, time, and location of the
hearing two days before the scheduled date. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.\11\
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\11\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the
Act.
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\12\ If a
respondent's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent) in the final results of this review, we
intend to calculate an importer-specific assessment rate based on the
ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\13\ If the respondent's
[[Page 11412]]
weighted-average dumping margin or an importer-specific assessment rate
is zero or de minimis in the final results of this review, we intend to
instruct CBP not to assess duties on any of its entries in accordance
with the Final Modification for Reviews.\14\ The final results of this
administrative 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.\15\
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\12\ See 19 CFR 351.212(b)(1).
\13\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\14\ See Final Modification for Reviews, 77 FR at 8103; see also
19 CFR 351.106(c)(2).
\15\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
Hyundai Steel for which it did not know its merchandise was destined
for the United States, we will instruct CBP to liquidate these entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\16\
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\16\ 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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For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rates at the rates established after the completion of the final
results of review.
We intend 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 for estimated antidumping
duties will be effective upon publication in the Federal Register of
the notice of final results of this review for all shipments of CTL
plate from Korea entered, or withdrawn from warehouse, for consumption
on or after the date of publication as provided by section 751(a)(2) of
the Act: (1) The cash deposit rate for companies subject to this review
will be equal to the weighted-average dumping margins established in
the final results of the review; (2) for merchandise exported by
companies not covered in this review but covered in a prior segment of
this 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 less-than-fair-value (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; and (4) the cash deposit rate for all
other producers or exporters will continue to be 0.98 percent,\17\ the
all-others rate established in the LTFV investigation, adjusted for the
export-subsidy rate in the companion countervailing duty investigation.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\17\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate
Products from the Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2016-2017, 83 FR 32629, 32630 (July 13,
2018).
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Notification to Importers
This notice serves as a preliminary 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.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 the terms of an APO is a violation
subject to sanctions.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).
Dated: February 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for the Respondents not Selected for Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-04180 Filed 2-28-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 1, 2022.
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