Notice2022-21460
Carbon and Alloy Steel Wire Rod From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021
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
October 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that POSCO (the single entity comprised of POSCO and POSCO International Corporation (PIC)), a producer and exporter of carbon and alloy steel wire rod (wire rod) from the Republic of Korea (Korea), did not sell subject merchandise below normal value during the period of review (POR), May 1, 2020, through April 30, 2021.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 191 (Tuesday, October 4, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 191 (Tuesday, October 4, 2022)]
[Notices]
[Pages 60123-60124]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21460]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-891]
Carbon and Alloy Steel Wire Rod From the Republic of Korea: Final
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) determines that
POSCO (the single entity comprised of POSCO and POSCO International
Corporation (PIC)), a producer and exporter of carbon and alloy steel
wire rod (wire rod) from the Republic of Korea (Korea), did not sell
subject merchandise below normal value during the period of review
(POR), May 1, 2020, through April 30, 2021.
DATES: Applicable October 4, 2022.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2316.
SUPPLEMENTARY INFORMATION:
Background
On June 2, 2022, Commerce published the Preliminary Results of this
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as amended (the Act).\1\ POSCO,
the sole producer and exporter subject to the review, filed a hearing
request on July 5, 2022, and withdrew its request on September 22,
2022.\2\ In addition, POSCO filed a case brief, related to a single
issue (i.e., whether to grant POSCO a constructed export price offset),
on July 8, 2022. \3\ No other interested parties commented on the
Preliminary Results. Because POSCO's final dumping margin is zero, the
issue raised in POSCO's case brief is moot and we have not addressed it
for purposes of these final results. Commerce conducted this review in
accordance with section 751(a) of the Act.
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Wire Rod from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2020-2021, 87 FR 33468 (June 2, 2022) (Preliminary Results),
and accompanying Preliminary Decision Memorandum.
\2\ See POSCO's Letters, ``Request for Public Hearing,'' dated
July 5, 2022; and ``Withdrawal of Request for Public Hearing,''
dated September 22, 2022.
\3\ See POSCO's Letter, ``POSCO's Case Brief,'' dated July 8,
2022.
---------------------------------------------------------------------------
Scope of the Order <SUP>4</SUP>
---------------------------------------------------------------------------
\4\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic
of Korea, Spain, the Republic of Turkey, and the United Kingdom:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Duty Determinations for Spain and the Republic of Turkey, 83 FR
23417 (May 21, 2018) (Order).
---------------------------------------------------------------------------
The scope of the Order includes certain hot-rolled products of
carbon steel and alloy steel, in coils, of approximately round cross
section, less than 19.00 mm in actual solid cross-sectional diameter.
On April 8, 2019, Commerce excluded from the scope of the Order grade
1078 and higher tire cord quality wire rod used in the production of
tire cord wire.\5\ On June 13, 2019, Commerce excluded from the scope
of the Order valve spring quality steel products defined as wire
rod.\6\ For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See Carbon and Alloy Steel Wire Rod from the Republic of
Korea and the United Kingdom: Notice of Final Results of Antidumping
Duty Changed Circumstances Review, 84 FR 13888 (April 8, 2019).
\6\ See Carbon and Alloy Steel Wire Rod from the Republic of
Korea: Final Results of Antidumping Duty Changed Circumstances
Review, 84 FR 27582 (June 13, 2019).
---------------------------------------------------------------------------
Final Determination of the Single Entity
In the Preliminary Results, we found that POSCO and PIC are
affiliated and should be treated as a single entity, pursuant to 19 CFR
351.401(f).\7\ No interested party commented on this preliminary
finding. As the record contains no other information or evidence that
calls into question our preliminary finding, we adopt the reasoning and
findings of fact outlined in the Preliminary Results with respect to
this issue. Therefore, we continue to find that POSCO and PIC should be
treated as a single entity.
---------------------------------------------------------------------------
\7\ See Preliminary Results Preliminarily Decision Memorandum at
7-9.
---------------------------------------------------------------------------
Final Results of the Review
We determine that the following weighted-average dumping margin
exists for the period May 1, 2020, through April 30, 2021:
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margin
(percent)
------------------------------------------------------------------------
POSCO/POSCO International Corporation....................... 0.00
------------------------------------------------------------------------
Disclosure
Because we have not modified our analysis, there are no new
calculations to disclose in accordance with section 751(a) of the Act
and 19 CFR 351.224(b) for the final results. We are adopting the
Preliminary Results as the final results.
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.\8\ Because POSCO's weighted-average dumping margin is zero
percent, we intend to instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
---------------------------------------------------------------------------
\8\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14,
2012).
---------------------------------------------------------------------------
In accordance with Commerce's practice, for entries of subject
merchandise during the POR produced by POSCO 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.\9\
---------------------------------------------------------------------------
\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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
The following cash deposit requirements will be effective for all
shipments of 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
[[Page 60124]]
by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for POSCO
is equal to the weighted-average dumping margin established in the
final results of this review; (2) for previously-investigated companies
not participating in this review, the cash deposit rate will continue
to be the company-specific rate published for the most recently
completed segment of this proceeding; (3) if the exporter was not
covered in this review or the investigation, but the producer was
covered, the cash deposit rate will be the rate established in the most
recently completed segment of this proceeding for the producer of
subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 41.10 percent, the all-
others rate established in the original less-than-fair-value
investigation.\10\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\10\ 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 prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results 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: September 28, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-21460 Filed 10-3-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on October 4, 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.