Notice2022-04355
Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Preliminary Results and Preliminary Intent To Rescind, in Part, the Countervailing Duty Administrative Review; 2020
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Published
March 2, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that certain exporters/producers of certain cut-to-length plate (CTL plate) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR), January 1, 2020, through December 31, 2020. Commerce preliminarily determines that the mandatory respondent, Hyundai Steel Company (Hyundai Steel), received de minimis net countervailable subsidies during the POR. Commerce preliminarily determines that Dongkuk Steel Mill Co., Ltd. (DSM), which was not individually examined in this review, received net countervailable subsidies. We invite interested parties to comment on these preliminary results.
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<title>Federal Register, Volume 87 Issue 41 (Wednesday, March 2, 2022)</title>
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[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Notices]
[Pages 11688-11690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04355]
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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: Preliminary Results and Preliminary Intent To
Rescind, in Part, the Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain exporters/producers of certain cut-to-length plate (CTL
plate) from the Republic of Korea (Korea) received countervailable
subsidies during the period of review (POR), January 1, 2020, through
December 31, 2020. Commerce preliminarily determines that the mandatory
respondent, Hyundai Steel Company (Hyundai Steel), received de minimis
net countervailable subsidies during the POR. Commerce preliminarily
determines that Dongkuk Steel Mill Co., Ltd. (DSM), which was not
individually examined in this review, received net
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countervailable subsidies. We invite interested parties to comment on
these preliminary results.
DATES: Applicable March 2, 2022.
FOR FURTHER INFORMATION CONTACT: Stephanie Berger, 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) 482-2483.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, Commerce published in the Federal Register
the countervailing duty (CVD) order on CTL plate from Korea.\1\ On
February 2, 2021, Commerce published in the Federal Register its
initiation of the CVD administrative review of the Order for the period
of January 1, 2020, to December 31, 2020.\2\ On June 3, 2021, Commerce
selected Hyundai Steel as the sole mandatory respondent in this
administrative review.\3\
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\1\ See Notice of Amended Final Determinations: 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 17124 (April 1, 2021).
\3\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order of Certain Cut-to-Length Carbon-Quality
Steel Plate from the Republic of Korea; Respondent Selection,''
dated June 3, 2021.
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On October 1, 2021, Commerce extended the deadline for issuance of
the preliminary results of this review by 117 days, until February 25,
2022, in accordance with 19 CFR 351.213(h)(2).\4\
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\4\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel
Plate from the Republic of Korea: Countervailing Duty Administrative
Review; 2020: Extension of Deadline for Preliminary Results,'' dated
October 1, 2021.
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A list of topics discussed in the Preliminary Decision Memorandum
is included in the appendix to this notice. For a complete description
of the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\5\ The Preliminary 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
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, 2020:
Certain Cut-To-Length Carbon-Quality Steel Plate from the Republic
of Korea,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The product covered by this Order is certain cut-to-length carbon-
quality steel plate. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.
Preliminary Intent To Rescind Administrative Review, in Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
data and comments received from interested parties, we preliminarily
determine that two companies, BDP International and Sung Jin Steel Co.,
Ltd, had no reviewable shipments, sales or entries of subject
merchandise during the POR.
Absent any evidence of shipments placed on the record, pursuant to
19 CFR 351.213(d)(3), we intend to rescind the administrative review of
these companies in the final results of review. For further
information, see ``Preliminary Intent to Rescind Administrative Review,
in Part'' in the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this CVD administrative review in accordance
with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, we
preliminarily determine that there is a subsidy, i.e., a financial
contribution by an ``authority'' that confers a benefit to the
recipient, and that the subsidy is specific.\6\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
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\6\ 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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Rate for Non-Selected Companies Under Review
To determine the rate for companies not selected for individual
examination, Commerce's practice is to follow the instructions to
calculate the all-others rate under section 705(c)(5) of the Act and
weight average the net subsidy rates for the selected mandatory
companies, excluding rates that are zero, de minimis, or based entirely
on facts available.\7\ In this review, we preliminarily calculated a de
minimis subsidy rate for the sole mandatory respondent (i.e., Hyundai
Steel) during the POR. In CVD proceedings, where the number of
respondents being individually examined has been limited, Commerce has
determined that a ``reasonable method'' to use to determine the rate
applicable to companies that were not individually examined when all
the rates of selected mandatory respondents are zero or de minimis is
to assign to the non-selected respondents the average of the most
recently determined rates that are not zero, de minimis, or based
entirely on facts available.\8\ However, if a non-selected respondent
has its own calculated rate that is contemporaneous with or more recent
than such previous rates, Commerce has found it appropriate to apply
that calculated rate to the non-selected respondent, even when that
rate is zero or de minimis.\9\
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\7\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\8\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate
from the Republic of Korea: Final Results of Countervailing Duty
Administrative Review; Calendar Year 2018, 85 FR 84296 (December 28,
2020).
\9\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Countervailing Duty Administrative
Review and Intent To Rescind the Review In Part; 2017, 85 FR 3030
(January 17, 2020), unchanged in Steel Concrete Reinforcing Bar from
the Republic of Turkey: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2017, 85 FR 42353 (July
14, 2020).
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In this case, Commerce calculated a company-specific rate for DSM
in the administrative review covering 2018, while a more
contemporaneous above de minimis rate of 0.56 percent was calculated in
the most recently completed administrative review for Hyundai Steel,
covering 2019. Therefore, consistent with Commerce's practice described
above, we are assigning the rate of 0.56 percent ad valorem, calculated
for Hyundai Steel in the most recently completed administrative review,
to DSM.\10\
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\10\ For additional information, see Preliminary Decision
Memorandum at ``Non-Selected Rate.''
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates for the period January 1,
2020, through December 31, 2020:
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Net countervailable subsidy
Company rate (percent)
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Hyundai Steel Company.................. 0.26 (de minimis).
Dongkuk Steel Mill Co., Ltd............ 0.56.
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Assessment Rate
In accordance with 19 CFR 351.221(b)(4)(i), Commerce has
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preliminarily assigned subsidy rates as indicated above. Consistent
with section 751(a)(2)(C) of the Act, upon issuance of the final
results, Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. 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 Rate
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this 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 deposit instructions, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days after the date of publication of this notice in the Federal
Register.\11\ Commerce intends to issue a post-preliminary analysis
memorandum subsequent to the publication of this notice to address the
new subsidy allegations submitted by the petitioner, Covid-19 fee
reductions self-reported by Hyundai Steel, and whether to attribute any
potential subsidies received by Hyundai Green Power to Hyundai Steel.
Commerce will notify the parties to this proceeding of the deadlines
for the submission of case and rebuttal briefs after the issuance of
the post-preliminary analysis memorandum. Rebuttal briefs, limited to
issues raised in case briefs, may be filed within seven days \12\ after
the time limit for filing case briefs. Parties who submit case or
rebuttal briefs are requested to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\13\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\14\
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\11\ See 19 CFR 351.224(b).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must do so within 30 days of publication of these
preliminary results by submitting a written request to the Assistant
Secretary for Enforcement and Compliance using ACCESS.\15\ Requests
should contain the party's name, address, and telephone number, the
number of participants, and a list of the issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs.\16\ If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined.\17\ Parties should confirm the date and time of the hearing
two days before the scheduled date. Parties are reminded that all
briefs and hearing requests must be filed electronically using ACCESS
and received successfully in their entirety by 5:00 p.m. Eastern Time
on the due date.
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\15\ See 19 CFR 351.310(c).
\16\ Id.
\17\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised by parties in their comments, within 120 days after the
date of publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 19 CFR 351.221(b)(4).
Dated: February 23, 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. Period of Review
IV. Preliminary Intent to Rescind Administrative Review, In Part
V. Non-Selected Rate
VI. Scope of the Order
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2022-04355 Filed 3-1-22; 8:45 am]
BILLING CODE 3510-DS-P
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