Notice2022-11766
Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
Primary source
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Published
June 1, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2020, through April 30, 2021. The review covers one producer/exporter of the subject merchandise, POSCO, POSCO International Corporation and its affiliated companies (collectively, the POSCO single entity). We preliminarily determine that sales of subject merchandise by the POSCO single entity were made at prices below normal value (NV). Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 105 (Wednesday, June 1, 2022)</title>
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[Federal Register Volume 87, Number 105 (Wednesday, June 1, 2022)]
[Notices]
[Pages 33121-33123]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11766]
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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: Preliminary Results of Antidumping Duty Administrative Review;
2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through April 30, 2021. The review covers
one producer/exporter of the subject merchandise, POSCO, POSCO
International Corporation and its affiliated companies (collectively,
the POSCO single entity). We preliminarily determine that sales of
subject merchandise by the POSCO single entity were made at prices
below normal value (NV). Interested parties are invited to comment on
these preliminary results.
DATES: Applicable June 1, 2022.
FOR FURTHER INFORMATION CONTACT: William Horn or Jaron Moore, 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) 482-4868 or (202)
482-3640, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2021, based on timely requests for review, in accordance
with 19 CFR 351.221(c)(1)(i), we initiated an administrative review on
certain carbon
[[Page 33122]]
and alloy steel cut-to-length plate from the Republic of Korea produced
or exported by POSCO.\1\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administration Reviews, 86 FR 35481 (July 6, 2021) (Initiation
Notice).
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On January 11, 2022, we extended the preliminary results of this
review to no later than May 25, 2022.\2\ For a complete description of
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\3\
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\2\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from the Republic of Korea: Extension of Deadline for
the Preliminary Results of the 2020-2021 Antidumping Duty
Administrative Review,'' dated January 11, 2022.
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Certain Carbon
and Alloy Steel Cut-To-Length 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 merchandise subject to the Order \4\ 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.
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\4\ 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 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,
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 merchandise subject to the Order,
see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) 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. NV is calculated in accordance with
section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed at
<a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix to this notice.
Preliminary Results of the Review
As a result of our analysis of the record information, we
preliminarily determine a weighted-average dumping margin of 2.80
percent for the POSCO single entity \5\ for the period May 1, 2020,
through April 30, 2021.\6\ Therefore, Commerce preliminarily determines
that the POSCO single entity made sales of subject merchandise at
prices below NV.
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\5\ Commerce continues to find that POSCO, POSCO International
Corporation, POSCO SPS, and certain distributors and service centers
(Taechang Steel Co., Ltd. and Winsteel Co., Ltd.) are affiliated
pursuant to section 771(33)(E) of the Act, and further that these
companies should be treated as a single entity (collectively, the
POSCO single entity) pursuant to 19 CFR 351.401(f). See Preliminary
Decision Memorandum.
\6\ See Preliminary Decision Memorandum.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties with an
Administrative Protective Order within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
may submit case briefs to Commerce no later than 30 days after the date
of publication of this notice.\7\ 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\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), 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.
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\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020) (collectively, Temporary Rule).
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All submissions to Commerce must be filed electronically using
ACCESS and must also be served on interested parties.\9\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the document is due. Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\10\
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\9\ See 19 CFR 351.303(b) and 19 CFR 351.303(f).
\10\ See Temporary Rule.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance within 30 days of publication of this notice.\11\ 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 and rebuttal 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 by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(c).
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Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in any written briefs, not later than 120
days after the date of publication of this notice.\12\
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\12\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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[[Page 33123]]
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping 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 administrative 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).
Commerce will calculate importer-specific antidumping duty
assessment rates when a respondent's weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5 percent). Pursuant to 19
CFR 351.212(b)(1), where the respondent reported the entered value of
its U.S. sales, we will calculate importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to each importer to the total entered
value of those sales. Where the respondent did not report entered
value, we will calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for the
examined sales to each importer to the total quantity of those sales,
in accordance with 19 CFR 351.212(b)(1).\13\ We will also calculate an
estimated ad valorem importer-specific assessment rate with which to
assess whether the per-unit assessment rate is de minimis. We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific ad valorem assessment
rate calculated in the final results of this review is not zero or de
minimis. Where either the respondent's ad valorem weighted-average
dumping margin is zero or de minimis, or an importer-specific ad
valorem assessment rate is zero or de minimis,\14\ we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
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\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 Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\14\ See 19 CFR 351.106(c)(2).
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by the POSCO single entity for
which the POSCO single entity did not know that the merchandise it 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.\15\
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\15\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, 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 review, except
if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1)
(i.e., less than 0.50 percent), in which case the cash deposit rate
will be zero; (2) for merchandise exported by a company 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 for the most recently-completed segment; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently-completed segment 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, the
all-others rate established in the less-than-fair-value
investigation.\16\
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\16\ See Order.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also 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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: May 25, 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. Discussion of the Methodology
V. Recommendation
VI.
[FR Doc. 2022-11766 Filed 5-31-22; 8:45 am]
BILLING CODE 3510-DS-P
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