Notice2022-04691
Certain Hot-Rolled Steel Flat Products 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
March 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that the producers/exporters subject to this review made sales of subject merchandise at less than normal value during the period of review (POR), October 1, 2019, through September 30, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 44 (Monday, March 7, 2022)</title>
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[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Notices]
[Pages 12660-12662]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04691]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-Rolled Steel Flat Products 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 the
producers/exporters subject to this review made sales of subject
merchandise at less than normal value during the period of review
(POR), October 1, 2019, through September 30, 2020.
DATES: Applicable March 7, 2022.
FOR FURTHER INFORMATION CONTACT: Christopher Williams or Thomas
Schauer, 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) 482-5166
or (202) 482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 29, 2021, Commerce published the preliminary results of
the 2019-2020 administrative review of the antidumping duty order on
hot-rolled steel flat products (hot-rolled steel) from the Republic of
Korea (Korea).\1\ This review covers two producer/exporters of the
subject merchandise, Hyundai Steel Company (Hyundai Steel) and
POSCO.\2\ We invited parties to comment on the Preliminary Results.\3\
On November 29, 2021, we received case briefs from the petitioners \4\
and from the mandatory respondents, Hyundai Steel and POSCO.\5\ On
December 6, 2021, the petitioners, Hyundai Steel, and POSCO submitted
rebuttal briefs.\6\ Commerce conducted this review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2019-2020, 86 FR 59985 (October 29, 2021) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ We initiated this review with respect to POSCO and POSCO
Daewoo Corporation. We preliminarily found that POSCO International
Corporation (PIC) is the successor-in-interest to POSCO Daewoo
Corporation (PDW) and treated POSCO and PIC as a single entity. See
Preliminary Decision Memorandum. For the final results, we continue
treat POSCO and PIC as a single entity, hereinafter collectively
referred to as POSCO. See ``Successor-in-Interest Determination''
and ``Affiliation and Single Entity Treatment'' sections of this
notice.
\3\ See Preliminary Results, 86 FR at 59985.
\4\ See Petitioners' Letter, ``Certain Hot-Rolled Steel Flat
Products from the Republic of Korea: Petitioners' Case Brief,''
dated November 29, 2021. The petitioners are SSAB Enterprises, LLC,
and Steel Dynamics, Inc. (collectively, the petitioners).
\5\ See Hyundai Steel's Letter, ``Certain Hot-Rolled Steel Flat
Products from Korea, 10/01/2019-9/30/2020 Administrative Review,
Case No. A-580-883: Hyundai Steel's Case Brief'' dated November 29,
2021; and POSCO's Letter, ``Hot-Rolled Steel Flat Products from the
Republic of Korea--POSCO's Case Brief,'' dated November 29, 2021.
\6\ See Petitioners' Letter, ``Certain Hot-Rolled Steel Flat
Products from the Republic of Korea: Petitioners' Rebuttal Brief,''
dated December 6, 2021; see also Hyundai Steel's Letter, ``Certain
Hot-Rolled Steel Flat Products from Korea, 10/01/2019-9/30/2020
Administrative Review, Case No. A-580-883: Hyundai Steel's Case
Brief''; and POSCO's Letter, ``Hot-Rolled Steel Flat Products from
the Republic of Korea--POSCO's Rebuttal Brief,'' both dated December
6, 2021.
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Scope of the Order
The products covered by the Order \7\ are hot-rolled steel. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.\8\
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\7\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
\8\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this administrative review 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 at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
[[Page 12661]]
Successor-in-Interest Determination
We preliminarily found that PIC is the successor in interest to PDW
for purposes of determining AD duty cash deposits and liabilities on
the subject merchandise and the current cash deposit rate assigned to
PDW should be the cash deposit rate for PIC as a result of our
successor-in-interest finding.\9\ Since the Preliminary Results, no
interested party commented on our preliminary finding. Accordingly, we
continue to find that PIC is the successor-in-interest to PDW.
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\9\ See Preliminary Results PDM at 6.
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Affiliation and Single Entity Treatment
We preliminarily found that POSCO and PIC are affiliated and should
be treated as a single entity pursuant to 19 CFR 351.401(f).\10\ Since
the Preliminary Results, no interested party commented on this
preliminary finding. Accordingly, we continue to find that POSCO and
PIC should be treated as a single entity.
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\10\ See Preliminary Results PDM at 8.
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Changes Since the Preliminary Results
Based on the comments received from interested parties regarding
our Preliminary Results, and for the reasons explained in the Issues
and Decision Memorandum, we made certain changes for the final results
of review.
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period October 1, 2019, through September 30, 2020.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Hyundai Steel Company....................................... 3.62
POSCO; POSCO International Corporation...................... 1.57
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Review-Specific Average Rate Applicable to the Following Companies:
\11\
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\11\ This rate was calculated by weight-averaging the margins
calculated for the individually examined respondents. For more
information regarding the calculation of this margin, see
Memorandum, ``Final Results of Antidumping Duty Administrative
Review of Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Calculation of the Margin for Non-Examined Companies,''
dated concurrently with this notice. As the weighting factor, we
relied on the publicly ranged sales data reported in the quantity
and value charts submitted by Hyundai Steel and POSCO.
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Average
dumping
Exporter/producer margin
(percent)
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Dongkuk Industries Co., Ltd................................. 2.95
Dongkuk Steel Mill Co., Ltd................................. 2.95
KG Dongbu Steel Co., Ltd.................................... 2.95
Marubeni-Itochu Steel Korea, Ltd............................ 2.95
Snp Ltd..................................................... 2.95
Soon Hong Trading Co........................................ 2.95
Sungjin Co., Ltd............................................ 2.95
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Disclosure
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days
after public announcement of the final results or, if there is no
public announcement, within five days of the date of publication of the
notice of final results in the Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will 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.
For Hyundai Steel and POSCO we calculated importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of those sales in accordance with 19 CFR
351.212(b)(1).\12\ Where an importer-specific assessment rate is de
minimis (i.e., less than 0.5 percent), the entries by that importer
will be liquidated without regard to antidumping duties.
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\12\ In these final 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).
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For entries of subject merchandise during the POR produced by
either of the individually examined respondents for which it did not
know that its 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.
For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rates established in these final results of 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 Requirements
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of hot-rolled steel 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 rates for the companies
subject to this review will be equal to the weighted-average dumping
margin established in the final results of the review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior completed segment of the 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 investigation but the producer has been covered in a prior
completed segment of this proceeding, 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; (4) the cash deposit rate
for all other producers or exporters will continue to be 6.05 percent,
the all-others rate established in the less-than-fair-value
investigation for this proceeding.\13\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\13\ See Order, 81 FR at 67963, 67965.
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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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
[[Page 12662]]
disclosed under the APO in accordance 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/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 which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: February 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Particular Market Situation (PMS)
Comment 2: Cost Smoothing
Comment 3: Hyundai Steel's Constructed Export Price (CEP) Offset
Comment 4: Affiliated-Party Inputs Regarding POSCO and Hyundai
Steel
Comment 5: Hyundai Steel's Affiliated Party Input Adjustment
Comment 6: POSCO's Freight Revenue
Comment 7: POSCO's U.S. Indirect Selling Expenses (ISEs)
VI. Recommendation
[FR Doc. 2022-04691 Filed 3-4-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 7, 2022.
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