Notice2022-05692
Certain Cold-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 18, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea were not sold in the United States at less than normal value during the period of review (POR), September 1, 2019, through August 31, 2020.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 53 (Friday, March 18, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Pages 15371-15373]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05692]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold-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 certain
cold-rolled steel flat products (cold-rolled steel) from the Republic
of Korea were not sold in the United States at less than normal value
during the period of review (POR), September 1, 2019, through August
31, 2020.
DATES: Applicable March 18, 2022.
FOR FURTHER INFORMATION CONTACT: Fred Baker or Preston Cox, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2924 or (202) 482-5041,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 6, 2021, Commerce published the Preliminary Results of
this administrative review in the Federal Register.\1\ We invited
interested parties to comment on the Preliminary Results.\2\ This
administrative review covers two mandatory respondents: Hyundai Steel
Company (Hyundai) and POSCO/POSCO International
[[Page 15372]]
Corporation (PIC) (collectively, POSCO/PIC).\3\ This administrative
review also covers 38 producers and/or exporters of subject
merchandise. The list of producers/exporters not selected for
individual examination is attached as Appendix II to this notice.
---------------------------------------------------------------------------
\1\ See Certain Cold Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020, 86 FR 55584 (October 6, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Preliminary Results, 86 FR at 55585.
\3\ Commerce continues to treat POSCO and POSCO International
Corporation as a collapsed single entity for the final results of
this review. See Preliminary Results PDM at 1; see also Certain
Cold-Rolled Steel Flat Products from the Republic of Korea: Final
Results of Antidumping Duty Administrative Review; 2018-2019, 86 FR
40808 (July 29, 2021), and accompanying Issues and Decision
Memorandum at 6 n.16.
---------------------------------------------------------------------------
On November 5, 2021, Hyundai submitted a case brief.\4\ No other
party submitted case or rebuttal briefs. On February 1, 2022, we
extended the deadline for these final results to no later than March
18, 2022.\5\ For a complete description of the events that followed the
Preliminary Results, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\4\ See Hyundai's Letter, ``Certain Cold Rolled Steel Flat
Products from the Republic of Korea: Hyundai Steel's Case Brief,''
dated November 5, 2021.
\5\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Final Results
of 2019-2020 Antidumping Duty Administrative Review,'' dated
February 1, 2022.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review: Certain
Cold-Rolled Steel Flat Products from the Republic of Korea; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>7</SUP>
---------------------------------------------------------------------------
\7\ See Certain Cold Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20,
2016) (Order).
---------------------------------------------------------------------------
The product covered by the Order is cold-rolled steel from the
Republic of Korea. For a complete description of the scope of this
administrative review, see the Issues and Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum at 2-5.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case brief filed by Hyundai, an interested
party in this review, are discussed in the Issues and Decision
Memorandum. A list of the issues which Hyundai raised, and to which we
responded in the Issues and Decision Memorandum, is attached as
Appendix I 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>.
Changes Since the Preliminary Results
Based on a review of the record and our analysis of the comments
received, we made certain changes to the margin calculation for
Hyundai. For a complete discussion of these changes, see the Issues and
Decision Memorandum.
Rate for Non-Selected Respondents
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin to be applied to companies not
selected for individual 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
less-than-fair-value (LTFV) investigation, for guidance when
calculating the weighted-average dumping margin 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 examined, excluding any margins that are zero,
de minimis (i.e., less than 0.5 percent), or determined entirely on the
basis of facts available.
Consistent with our practice and section 735(c)(5)(A) of the Act,
for the companies that were not selected for individual review, we
assigned a rate based on the rates of the respondents that were
selected for individual examination. Consistent with the U.S. Court of
Appeals for the Federal Circuit's decision in Albemarle, we are
assigning to the 38 companies not selected for individual examination
the zero percent rates calculated for the mandatory respondents,
Hyundai and POSCO/PIC.\9\ These are the only rates determined in this
review for individual respondents and, thus, we determine that they
apply to the 38 firms not selected for individual examination under
section 735(c)(5)(B) of the Act.
---------------------------------------------------------------------------
\9\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
\10\ See Appendix II for a full list of the non-selected
companies.
---------------------------------------------------------------------------
Final Results of the Administrative Review
For these final results, we determine that the following weighted-
average dumping margins exist for the period September 1, 2019, through
August 31, 2020:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 0.00
POSCO/POSCO International Corporation....................... 0.00
Non-Selected Companies \10\................................. 0.00
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for these
final results to parties within five days of the date of publication of
this notice 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 has determined, 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. Pursuant to 19 CFR 351.212(b)(1), Commerce calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of dumping calculated for the examined sales to the
total entered value of those sales. Where the respondent's weighted-
average dumping margin is either zero or de minimis, we intend to
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. Because the weighted-average dumping margins for
Hyundai, POSCO/PIC, and the 38 firms not selected for individual
examination have been determined to be zero percent, we intend to
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. In accordance with Commerce's practice, for entries
of subject merchandise during the POR produced by Hyundai or POSCO/PIC
for which it did not know its merchandise was destined for the United
States, we intend to instruct CBP to liquidate such entries at the all-
others rate if there is no company-specific rate for the intermediate
company(ies) involved in the transaction.\11\
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
[[Page 15373]]
Consistent with its recent notice,\12\ 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). The final results of this administrative review shall be
the basis for the assessment of antidumping duties on entries of
merchandise under review and for future cash deposits of estimated
antidumping duties, where applicable.
---------------------------------------------------------------------------
\12\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of these final
results 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 rates for the
reviewed companies will be the rates established in the final results
of this administrative review; (2) for merchandise exported by
producers or exporters 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 in the most recently completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, a prior review, or the original LTFV 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; and (4) the cash deposit rate for all other producers
or exporters will continue to be 20.33 percent, the all-others rate
established in the LTFV investigation.\13\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\13\ See Order.
---------------------------------------------------------------------------
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 and/or countervailing
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 double antidumping duties.
Notification Regarding Administrative Protective Order
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), 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
This notice is issued and published 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: March 11, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--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. Rate for Non-Examined Companies
VI. Discussion of the Issue
Comment: Correction of Clerical Errors
VII. Recommendation
Appendix II--List of Companies Not Individually Examined
1. AJU Steel Co., Ltd.
2. Ameri-Source Korea
3. Dai Yang Metal Co., Ltd.
4. DCM Corporation
5. DK GNS Co., Ltd.
6. Dongbu Incheon Steel Co., Ltd
7. Dongbu Steel Co., Ltd.
8. Dongkuk Industries Co., Ltd.
9. Dongkuk Steel Mill Co., Ltd.
10. GS Global Corporation
11. Hanawell Co., Ltd.
12. Hankum Co., Ltd.
13. Hwashin Co. Ltd.
14. Hyosung TNC Corporation
15. Hyundai Corporation
16. JMP Co., Ltd.
17. KG Dongbu Steel Co., Ltd.
18. Korinox Co., Ltd.
19. Mikwang Precision Manufacture Co., Ltd.
20. Okaya Korea Co., Ltd.
21. POSCO Coated and Colored Steel Co., Ltd.
22. Samhwan Steel Co., Ltd.
23. Samsung C & T Corporation
24. Samsung Electronics Co., Ltd.
25. Samsung STS Co., Ltd.
26. SeAH Changwon Integrated Special Steel Corporation
27. SeAH Coated Metal Corporation
28. SeAH Steel Corporation
29. Shin Steel Co., Ltd.
30. Shin Young Co., Ltd.
31. Signode Korea Inc.
32. SK Networks Co., Ltd.
33. Soon Hong Trading Co., Ltd.
34. Sungjin Co., Ltd.
35. Taesan Corporation
36. TCC Steel Corporation
37. TI Automotive Ltd.
38. Wolverine Korea Co., Ltd.
[FR Doc. 2022-05692 Filed 3-17-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on March 18, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.