Notice2022-21849
Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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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 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea) were not sold in the United States at less than normal value during the period of review (POR), September 1, 2020, through August 31, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 194 (Friday, October 7, 2022)</title>
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[Federal Register Volume 87, Number 194 (Friday, October 7, 2022)]
[Notices]
[Pages 60989-60992]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21849]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold-Rolled Steel Flat Products 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) preliminarily finds
that certain cold-rolled steel flat products (cold-rolled steel) from
the Republic of Korea (Korea) were not sold in the United States at
less than normal value during the period of review (POR), September 1,
2020, through August 31, 2021. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable October 7, 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 September 20, 2016, Commerce published in the Federal Register
the antidumping duty order on cold-rolled steel from Korea.\1\ On
September 2, 2021, Commerce published a notice of opportunity to
request an administrative review of the Order.\2\ On November 5,
[[Page 60990]]
2021, based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an administrative review of the
Order with respect to four companies.\3\ On December 13, 2021, Commerce
selected Hyundai Steel Company (Hyundai) and POSCO/POSCO International
Corporation (PIC) (collectively, POSCO/PIC) as mandatory respondents in
this administrative review.\4\ On May 25, 2022, Commerce extended the
time period for issuing these preliminary results by 120 days, until
September 30, 2022, in accordance with section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(2).\5\
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 49311, 49312 (September 2, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 61121 (November 5, 2021).
\4\ See Memorandum, ``2020-2021 Administrative Review of Cold-
Rolled Steel Flat Products from the Republic of Korea: Respondent
Selection,'' dated December 13, 2021. Consistent with the 2019-20
administrative review, Commerce has collapsed POSCO and PIC,
treating these companies as a single entity. 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), and accompanying Preliminary Decision Memorandum,
at 1, unchanged in Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2019-2020, 87 FR 15371 (March 18, 2022). In the 2018-19
administrative review, Commerce determined that PIC is the
successor-in-interest to POSCO Daewoo Corporation (PDW), and, as a
consequence, is part of the collapsed POSCO single entity. See
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. We continue to refer to the collapsed entity
as ``POSCO/PIC'' hereafter.
\5\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
from the Republic of Korea: Extension of Preliminary Results of
Antidumping Duty Administrative Review; 2020-21,'' dated May 25,
2022.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an appendix to this notice. 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>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 Administrative Review of the Antidumping
Duty Order on Certain Cold Rolled Steel Flat Products 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 product covered by the Order is cold-rolled steel from Korea.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price is calculated in
accordance with section 772 of the Act, and 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.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
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 market economy less-than-fair-value (LTFV) investigation, for
guidance when determining 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 investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we preliminarily calculated a weighted-average
dumping margin of 0.00 percent for Hyundai and a weighted-average
dumping margin of 0.00 percent for POSCO/PIC. Consistent with the U.S.
Court of Appeals for the Federal Circuit's decision in Albemarle,\7\
and our practice, we are applying to KG Dongbu Steel Co., Ltd.
(Dongbu), the company not selected for individual examination in this
review, a margin of zero percent, because we calculated rates of zero
percent for both mandatory respondents, Hyundai and POSCO/PIC. These
are the only margins determined in this review for individually
examined respondents and, thus, we are applying this margin to Dongbu
under section 735(c)(5)(B) of the Act.\8\
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\7\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
\8\ See Memorandum, ``Preliminary Results of the Antidumping
Duty Administrative Review of Cold-Rolled Steel Flat Products from
the Republic of Korea; 2020-21: Calculation of Margin for
Respondents Not Selected for Individual Examination,'' dated
September 30, 2022.
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Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period September 1, 2020, through
August 31, 2021:
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\9\ This company is the only non-examined company in this
review.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Hyundai Steel Company........................................ 0.00
POSCO/POSCO International Corporation........................ 0.00
KG Dongbu Steel Co., Ltd.\9\................................. 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to interested parties within five days of the date
of publication of this notice.\10\ A timeline for the submission of
case briefs and written comments will be provided to interested parties
at a later date.\11\ Rebuttal briefs, limited to issues raised in case
briefs, may be filed no later than seven days after the date for filing
case briefs.\12\ 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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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
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Pursuant to 19 CFR 351.310(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,
within 30 days after the date of publication of this notice. Hearing
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
[[Page 60991]]
rebuttal briefs. If a request for a hearing is made, parties will be
notified of the date and time for the hearing.\13\ Parties should
confirm the date, time, and location of the hearing two days before the
scheduled date.
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\13\ See 19 CFR 351.310(d).
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All briefs and hearing requests must be filed electronically using
ACCESS and 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\
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\14\ See Temporary Rule.
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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 our
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.
Verification
On February 14, 2022, Commerce received a timely request from
Cleveland-Cliffs Inc., United States Steel Corporation, and Steel
Dynamics Inc. (collectively, the petitioners) to verify the information
submitted by two mandatory respondents in the course of this
administrative review, pursuant to 19 CFR 351.307(b)(1)(v).\15\ As
provided in section 782(i)(3) of the Act, Commerce intends to verify
the information relied upon in determining the final results of review.
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\15\ See Petitioners' Letter, ``Cold-Rolled Steel Flat Products
from the Republic of Korea: Request for Verification,'' dated
February 14, 2022.
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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 of subject merchandise covered by this review.\16\ If the
weighted-average dumping margin for an individually examined respondent
is not zero or de minimis (i.e., less than 0.50 percent) in the final
results of this review, we will calculate importer-specific ad valorem
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of such sales in accordance with 19 CFR
351.212(b)(1).\17\ For any individually examined respondent whose
weighted-average dumping margin is zero or de minimis in the final
results of review, or if an importer-specific assessment rate is zero
or de minimis, Commerce will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\18\
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\16\ See 19 CFR 351.212(b)(1).
\17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate inCertain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\18\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment''
practice,\19\ for entries of subject merchandise during the POR
produced by the respondents for which the producer did not know its
merchandise was destined for the United States, we will instruct CBP to
liquidate unreviewed entries at the all-others rate of 20.33 percent
established in the LTFV investigation.\20\
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\19\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\20\ See Order.
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For Dongbu, the one company that was not selected for individual
examination, we intend to assign an assessment rate based on the cash
deposit rate calculated for the companies selected for mandatory review
(i.e., Hyundai and POSCO/PIC).\21\
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\21\ See section 735(c)(5)(A) of the Act; see also Preliminary
Decision Memorandum at Section IV, ``Rate for Non-Examined
Companies.
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The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future cash
deposits of estimated antidumping duties, where applicable.\22\
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\22\ See section 751(a)(2)(C) of the Act.
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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 upon
publication in the Federal Register of final results of this
administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for Hyundai, POSCO/PIC, and Dongbu, will be
equal to the weighted-average dumping margin established in the final
results of this administrative review, except if the margin is less
than 0.50 percent and therefore de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (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
for the most recently completed segment of this proceeding in which
they were reviewed; (3) if the exporter is not a firm covered in this
review, a prior review, or the original LTFV investigation but the
producer is, then the cash deposit rate will be the rate established
for the most recently completed segment of this proceeding 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,\23\ the
all-others rate established in the LTFV investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\23\ See Order.
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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 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
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
351.221(b)(4).
Dated: September 30, 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. Rate for Non-Examined Companies
V. Discussion of the Methodology
VI. Currency Conversion
[[Page 60992]]
VII. Recommendation
[FR Doc. 2022-21849 Filed 10-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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