Notice2022-11940
Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, and Intent To Rescind Review, in Part; 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
June 3, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers and exporters of certain carbon and alloy steel cut-to-length plate (CTL plate) from the Republic of Korea (Korea) received de minimis net countervailable subsidies during the January 1, 2020, through December 31, 2020, period of review (POR). Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 107 (Friday, June 3, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Pages 33720-33722]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11940]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-888]
Certain Carbon and Alloy Steel Cut-to-Length Plate From the
Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review, and Intent To Rescind Review, in Part; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers and exporters of certain carbon and
alloy steel cut-to-length plate (CTL plate) from the Republic of Korea
(Korea) received de minimis net countervailable subsidies during the
January 1, 2020, through December 31, 2020, period of review (POR).
Interested parties are invited to comment on these preliminary results.
DATES: Applicable June 3, 2022.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery, 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) 482-1537.
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2021, Commerce published a notice of initiation of an
administrative review of the countervailing duty (CVD) order on CTL
plate from Korea.\1\ On August 13, 2021, Commerce selected POSCO as the
sole mandatory respondent in this administrative review.\2\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May
25, 2017) (Order); see also Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR 35481 (July 6,
2021).
\2\ See Memorandum, ``Respondent Selection,'' dated August 13,
2021.
---------------------------------------------------------------------------
On January 7, 2022, Commerce extended the deadline for the
preliminary results of this review to no later than May 31, 2022.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2020,'' dated
January 7, 2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included at Appendix I. 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>.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review; 2020:
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).
---------------------------------------------------------------------------
[[Page 33721]]
Scope of the Order
The merchandise covered by the Order is CTL plate. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Final Rescission of Administrative Review, in Part
On February 17, 2022, Commerce notified interested parties that we
intended to rescind this administrative review for 44 companies that
had no suspended entries of subject merchandise during the POR.\5\ No
parties commented on the notification of the intent to rescind the
review, in part. Therefore, we find that there were no entries of
subject merchandise during the POR by the 44 companies listed in
Appendix II. As a result of our finding, we are rescinding this review,
in part, pursuant to 19 CFR 351.213(d)(3) with respect to these
companies. For further information regarding this determination, see
``Rescission of Administrative Review, In Part'' section in the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated February 17, 2022.
---------------------------------------------------------------------------
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 government-
provided financial contribution that gives rise to 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated an
individual net countervailable subsidy rate for POSCO. Commerce
preliminarily determines that, during the POR, the net countervailable
subsidy rates for the producers/exporters under review are as follows:
------------------------------------------------------------------------
Net countervailable subsidy
Manufacturer/exporter rate (percent ad valorem)
------------------------------------------------------------------------
POSCO \7\................................. 0.33 (de minimis)
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\7\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds the following companies to be cross-
owned with POSCO: Pohang Scrap Recycling Distribution Center Co.
Ltd.; POSCO Chemical Co., Ltd.; POSCO M-Tech Co., Ltd.; POSCO Nippon
Steel RHF Joint Venture Co., Ltd.; POSCO SPS; and POSCO Terminal
Co., Ltd. The subsidy rate applies to all cross-owned companies. We
note that POSCO has an affiliated trading company through which it
exported certain subject merchandise during the POR, POSCO
International (aka POSCO International Corporation). POSCO
International was not selected as a mandatory respondent but was
examined in the context of POSCO. Therefore, there is not an
established CVD rate for POSCO International; POSCO International's
subsidies are accounted for in POSCO's total subsidy rate. Instead,
entries of subject merchandise exported by POSCO International will
receive the rate of the producer listed on the U.S. Customs and
Border Protection (CBP) entry form. Thus, the subsidy rate applied
to POSCO and POSCO's cross-owned affiliated companies is also
applied to POSCO International for entries of subject merchandise
produced by POSCO.
---------------------------------------------------------------------------
We intend to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results of this
review.
Public Comment
Interested parties will be notified of the timeline for the
submission of case briefs at a later date.\8\ Rebuttal briefs, limited
to issues raised in the case briefs, may be filed no later than seven
days after the date for filing case briefs.\9\ Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be limited to issues raised in the
case briefs. Parties who submit arguments are requested to submit with
the argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\10\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\9\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020).
\10\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 251.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
using Enforcement and Compliance's ACCESS system 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 the date and time of the hearing two days before
the scheduled date.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS \12\ and must be served on interested
parties.\13\ Electronically filed documents must be received
successfully in their entirety by 5:00 p.m. Eastern Time on the due
date. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\14\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
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 the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
Assessment Rate
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon completion of the administrative review,
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP shall assess, countervailing duties
on all appropriate entries covered by this review. For the companies
for which this review is rescinded, we will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2020, through December 31, 2020, in accordance with 19 CFR
351.212(c)(l)(i). We intend to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of this notice in
the Federal Register.
For the companies remaining in the 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
[[Page 33722]]
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, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts 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, except, where the rate
calculated in the final results is zero or de minimis, no cash deposit
will be required. 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.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: May 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Diversification of Korea's Economy
VI. Rescission of the Administrative Review, in Part
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies for Which Commerce Is Rescinding the Review
1. Ajin Industrial Co., Ltd.
2. BDP International
3. Blue Track Equipment
4. Boxco
5. Bukook Steel Co., Ltd.
6. Buma CE Co., Ltd.
7. China Chengdu International Techno-Economic Cooperation Co., Ltd.
8. Daehan I.M. Co., Ltd.
9. Daehan Tex Co., Ltd.
10. Daelim Industrial Co., Ltd.
11. Daesam Industrial Co., Ltd.
12. Daesin Lighting Co., Ltd.
13. Daewoo International Corp.
14. Dong Yang Steel Pipe
15. DK Dongshin Co., Ltd.
16. Dongbu Steel Co., Ltd.
17. Dongkuk Industries Co., Ltd.
18. Dongkuk Steel Mill Co., Ltd.
19. EAE Automotive Equipment
20. EEW KHPC Co., Ltd.
21. Eplus Expo Inc.
22. GS Global Corp.
23. Haem Co., Ltd.
24. Han Young Industries
25. Hyosung Corp.
26. Hyundai Steel Co.
27. Jinmyung Frictech Co., Ltd.
28. Khana Marine Ltd.
29. Kindus Inc.
30. Korean Iron and Steel Co., Ltd.
31. Kyoungil Precision Co., Ltd.
32. Menics
33. Qian'an Rentai Metal Products Co., Ltd
34. Samsun C&T Corp.
35. Samsung
36. Shinko
37. Shipping Imperial Co., Ltd.
38. Sinchang Eng Co., Ltd.
39. SK Networks Co., Ltd.
40. SNP Ltd.
41. Steel N People Ltd.
42. Summit Industry
43. Sungjin Co., Ltd.
44. Young Sun Steel
[FR Doc. 2022-11940 Filed 6-2-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 3, 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.