Notice2022-18952
Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Final Results, and Rescission, in Part, of Countervailing Duty Administrative Review; 2020
Primary source
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Published
September 1, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are not being provided to certain producers and exporters of certain cut-to-length carbon-quality steel plate from the Republic of Korea (Korea). The period of review (POR) is January 1, 2020, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 169 (Thursday, September 1, 2022)</title>
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[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Pages 53728-53730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18952]
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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: Final Results, and Rescission, in Part, of
Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are not being provided to certain producers
and exporters of certain cut-to-length carbon-quality steel plate from
the Republic of Korea (Korea). The period of review (POR) is January 1,
2020, through December 31, 2020.
DATES: Applicable September 1, 2022.
FOR FURTHER INFORMATION CONTACT: David Lindgren, 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) 482-1671.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on March
2, 2022 and, subsequently, on May 12, 2022, issued its post-preliminary
analysis.\1\ On June 8, 2022, Commerce extended the final results of
review to August 26, 2022.\2\ For a complete description of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\3\
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\1\ See 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, 87 FR 11688 (March 2, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum; see also Memorandum,
``Countervailing Duty Administrative Review of Certain Cut-To Length
Carbon-Quality Steel Plate from the Republic of Korea; 2020: Post-
Preliminary Analysis Memorandum,'' dated May 12, 2022.
\2\ See Memorandum, ``Extension of Deadline for Final Results,''
dated June 8, 2022.
\3\ See Memorandum, ``Decision Memorandum for the Final 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 (Issues
and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ See Notice of Amended Final Determination: 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).
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The product covered by this order is certain cut-to-length carbon-
quality steel plate. For a complete description of the scope of this
order, see the Issues and Decision Memorandum.
Rescission of Administrative Review, In Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
data and comments received from interested parties, we 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 evidence of shipments on the record, we are rescinding
the administrative review of these companies, pursuant to 19 CFR
351.213(d)(3). For further information, see ``Rescission of
Administrative Review, in Part'' in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of topics discussed in the
Issues and Decision Memorandum is included as an 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
[[Page 53729]]
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>.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find 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.\5\ For a description of the methodology underlying all of
Commerce's conclusions, see the Issues and Decision Memorandum.
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\5\ 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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Changes Since the Preliminary Results
Based on a review of the record and 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 these final results of review.
Companies Not Selected for Individual Review
To determine the rate for companies not selected for individual
examination, Commerce's practice is to weight average the net
countervailable subsidy rates for the selected mandatory companies,
excluding rates that are zero, de minimis, or based entirely on facts
available.\6\ In this review, we calculated a de minimis net
countervailable subsidy rate for the sole mandatory respondent Hyundai
Steel Co., Ltd. (Hyundai Steel). In countervailing duty proceedings,
where the number of respondents individually examined has been limited,
Commerce has determined that a ``reasonable method'' to use to
determine the rate applicable to companies 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.\7\ However, as discussed in the Issues and
Decisions Memorandum, where a non-selected respondent has a calculated
rate in a prior segment of the proceeding, Commerce finds it
appropriate to apply the most recently calculated rate for that
respondent (even when that rate is zero or de minimis) unless Commerce
determines that rate to be obsolete.\8\
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\6\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\7\ See, e.g., Circular Welded Carbon Steel Pipes and Tubes from
Turkey: Final Results of Countervailing Duty Administrative Review;
Calendar Year 2012 and Rescission of Countervailing Duty
Administrative Review, in Part, 79 FR 51140, 51141 (August 27,
2014); and Cut-to-Length Carbon-Quality Steel Plate from the
Republic of Korea: Final Results of Countervailing Duty
Administrative Review; 2012, 79 FR 46770 (August 11, 2014), and
accompanying Issues and Decision Memorandum, at ``Non-Selected
Rate.''
\8\ Id.
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In the 2018 administrative review of the Order, we calculated a net
countervailable subsidy rate of 0.28 percent ad valorem (de minimis)
for Dongkuk Steel Mill Co., Ltd. (DSM),\9\ which was not individually
examined in this review. Therefore, consistent with Commerce's
practice, described above, we are assigning the rate of 0.28 percent ad
valorem to DSM, based on the company's most recent calculated rate. See
the Issues and Decisions Memorandum for a discussion of assigning this
rate to DSM.
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\9\ See 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).
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Final Results of Administrative Review
We determine that, for the period January 1, 2020, through December
31, 2020, the following net countervailable subsidy rates exist:
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Company Subsidy rate (percent ad valorem)
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Hyundai Steel Co., Ltd.............. 0.25 (de minimis).
Dongkuk Steel Mill Co., Ltd......... 0.28 (de minimis).
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue
assessment instructions to CBP to liquidate shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after January 1, 2020, through December 31, 2020, for the above-listed
companies (to which a de minimis rate is assigned) without regard to
countervailing duties. 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). 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 Rates
For the companies listed above for which the subsidy rates are de
minimis, no cash deposit will be required of these companies on
shipments of the 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 (i.e., 3.26 percent) \10\ applicable to the company, as
appropriate. These cash deposits, when imposed, shall remain in effect
until further notice.
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\10\ See Order, 65 FR 6589.
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Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction 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
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 subject to sanction.
Notice to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4)
and 19 CFR 351.221(b)(5).
[[Page 53730]]
Dated: August 26, 2022
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Period of Review
VI. Rescission of Administrative Review, In Part
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Discussion of Comments
Comment 1: Whether the Korea Emissions Trading System is
Countervailable
Comment 2: Whether the Preliminary Korea Emissions Trading
System Benefit Calculation was Incorrect
Comment 3: Whether Provision of Port Usage Rights at the Port of
Incheon is Countervailable
Comment 4: Whether Electricity is Subsidized by the Government
of Korea
Comment 5: Whether Hyundai Steel and Hyundai Green Power are
Cross-Owned
Comment 6: Whether the Reduction of Sewerage Usage Fees in
Pohang Constitutes a Countervailable Subsidy
Comment 7: Selection of a Final Rate for Dongkuk Steel Mill Co.,
Ltd.
X. Recommendation
[FR Doc. 2022-18952 Filed 8-31-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 1, 2022.
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