Notice2022-23749
Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary 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
November 1, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that the producers or exporters subject to this review made sales of subject merchandise at less than normal value during the period of review (POR), October 1, 2020, through September 30, 2021. Commerce also determines that one mandatory respondent, did not make sales of subject merchandise at less than normal value during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 210 (Tuesday, November 1, 2022)</title>
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[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Notices]
[Pages 65744-65746]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23749]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-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 the producers or exporters subject to this review made sales of
subject merchandise at less than normal value during the period of
review (POR), October 1, 2020, through September 30, 2021. Commerce
also determines that one mandatory respondent, did not make sales of
subject merchandise at less than normal value during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable November 1, 2022.
FOR FURTHER INFORMATION CONTACT: Christopher Williams or Thomas
Schauer, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5166
or (202) 482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2016, Commerce published in the Federal Register an
antidumping duty order on certain hot-rolled steel flat products (hot-
rolled steel) from the Republic of Korea (Korea).\1\ On October 1,
2021, we published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On November 29, 2021,
based on timely requests for an administrative review, Commerce
initiated an administrative review of 16 companies.\3\ On June 2, 2022,
Commerce extended the time limit for issuing the preliminary results of
this review by 120 days to no later than October 31, 2022.\4\
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\1\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 54429 (October 1, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 67685, 67688 (November 29, 2021)
(Initiation Notice).
\4\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021,''
dated June 2, 2022.
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Scope of the Order
The products covered by this Order are hot-rolled steel from Korea.
A full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.\5\
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\5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a) 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. Normal value is calculated in accordance with section
773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as the appendix to this notice. The Preliminary Decision Memorandum is
a public document and is made available to the public 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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
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 investigation, for
guidance when calculating the rate 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.
In this review, we preliminarily calculated a weighted-average
dumping margin for one of the mandatory respondents, Hyundai Steel
Company (Hyundai Steel) that is not zero, de minimis, or determined
entirely on the basis of facts available. Accordingly, because the
second mandatory respondent, POSCO's \6\ margin is de minimis, Commerce
preliminarily assigned to the companies not individually examined,
listed in the chart below, a margin of 0.91 percent based on Hyundai
Steel's calculated weighted-average dumping margin.
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\6\ We initiated this review with respect to the following
companies: POSCO; POSCO Daewoo Corporation (PDW); and POSCO
International Corporation. See Initiation Notice, 86 FR at 67688. We
have previously found that POSCO International Corporation is the
successor-in-interest to PDW, and we are treating POSCO and POSCO
International Corporation as a single entity, hereinafter
collectively referenced as POSCO. See Certain Hot-Rolled Steel Flat
Products from the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020, 86 FR 59985
(October 29, 2021), and accompanying Preliminary Decision
Memorandum, at 6-13, unchanged in Certain Hot-Rolled Steel Flat
Products from the Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2019-2020, 87 FR 12660 (March 7, 2022).
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Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period October 1, 2020, through September
30, 2021:
[[Page 65745]]
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Hyundai Steel Company........................................ 0.91
POSCO; POSCO International Corporation....................... 0.00
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Review-Specific Average Rate Applicable to the Following Companies:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Del Trading Inc.............................................. 0.91
Dongkuk Industries Co., Ltd.................................. 0.91
Dongkuk Steel Mill Co., Ltd.................................. 0.91
Gs Global Corp............................................... 0.91
Gs Holdings Corp............................................. 0.91
KG Dongbu Steel Co., Ltd..................................... 0.91
Marubeni-Itochu Steel Korea, Ltd............................. 0.91
Samsung C and T Corporation.................................. 0.91
Snp Ltd...................................................... 0.91
Soon Ho Co., Ltd............................................. 0.91
Soon Hong Trading Co. Ltd.................................... 0.91
Sungjin Co., Ltd............................................. 0.91
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\7\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. 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\ 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.\9\ 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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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect).'').
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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, filed electronically via
ACCESS. 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 briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. If either of the respondents'
weighted-average dumping margins is not zero or de minimis (i.e., less
than 0.50 percent) in the final results of this review, we intend to
calculate an importer-specific assessment rate based on the ratio of
the total amount of dumping calculated for each importer's examined
sales and the total entered value of those same sales in accordance
with 19 CFR 351.212(b)(1).\11\ If either of the respondents' weighted-
average dumping margin or an importer-specific assessment rate is zero
or de minimis in the final results of review, we intend to instruct CBP
not to assess duties on any entries in accordance with the Final
Modification for Reviews.\12\ 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 deposits of estimated duties, where applicable.\13\
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\11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\12\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\13\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
either of the respondents for which they did not know that the
merchandise was destined to the United States, 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.\14\ For
the companies identified above that were not selected for individual
examination, we will instruct CBP to liquidate entries at the rates
established after the completion of the final results of review.
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\14\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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 the notice of final results of
administrative review for all shipments of hot-rolled steel from Korea
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 the respondents will be equal to the
weighted-average dumping margin established in the final results of
this administrative review; (2) for merchandise exported by a company
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 in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review or the
original investigation but the producer is, then the cash deposit rate
will be the rate established in the completed segment for the most
recent period for the producer of the merchandise; (4) the cash deposit
rate for all other producers or exporters will continue to be 6.05
percent, the all-others rate established in the less-than-fair-value
investigation.\15\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ See Order, 81 FR at 67965.
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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 duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement
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could result in Commerce's presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of doubled
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: October 26, 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. Currency Conversion
VI. Recommendation
[FR Doc. 2022-23749 Filed 10-31-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 1, 2022.
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