Notice2022-24024
Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review, 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
November 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/exporters of certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea) received de minimis countervailable subsidies during the period of review (POR) January 1, 2020, through December 31, 2020. Additionally, Commerce is rescinding this review with respect to 13 companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 213 (Friday, November 4, 2022)</title>
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[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66648-66650]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24024]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results and Partial Rescission of Countervailing
Duty Administrative Review, 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/exporters of certain hot-rolled steel
flat products (hot-rolled steel) from the Republic of Korea (Korea)
received de minimis countervailable subsidies during the period of
review (POR) January 1, 2020, through December 31, 2020. Additionally,
Commerce is rescinding this review with respect to 13 companies. We
invite interested parties to comment on these preliminary results.
DATES: Applicable November 4, 2022.
FOR FURTHER INFORMATION CONTACT: Nathan James or Kelsie Hohenberger,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5305 or (202)
482-2517, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2021, Commerce published a notice of initiation of
an administrative review of the countervailing duty (CVD) order on hot-
rolled steel from Korea.\1\ On December 13, 2021, Commerce selected
Hyundai Steel Company (Hyundai Steel) and POSCO as mandatory
respondents in this administrative review.\2\ On June 24, 2022,
Commerce extended the deadline for the preliminary results of this
review to no later than October 28, 2022.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 67685 (November 29, 2021); see also
Certain Hot-Rolled Steel Flat Products from Brazil and the Republic
of Korea: Amended Final Affirmative Countervailing Duty
Determinations and Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
\2\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Respondent Selection,'' dated December
13, 2021.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated June
24, 2022.
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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 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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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, 2020:
Certain Hot-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 merchandise covered by the Order is hot-rolled steel from
Korea. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, In Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received
[[Page 66649]]
a timely-filed withdrawal request from the petitioners.\5\ Because the
withdrawal request was timely filed, and no other party requested a
review of these companies, in accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this review with respect to the following
companies: DCE Inc; Dong Chuel America Inc.; Dong Chuel Industrial Co.,
Ltd.; Dongbu Incheon Steel Co., Ltd.; Dongbu Steel Co., Ltd.; Dongkuk
Industries Co., Ltd.; Dongkuk Steel Mill Co., Ltd.; Hyewon Sni
Corporation (H.S.I.); JFE Shoji Trade Korea Ltd.; POSCO Coated & Color
Steel Co., Ltd.; POSCO Daewoo Corporation; Soon Hong Trading Co., Ltd.;
and Sung-A Steel Co., Ltd.\6\
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\5\ The petitioners are: Cleveland-Cliffs Inc.; Nucor
Corporation (Nucor); SSAB Enterprises, LLC; Steel Dynamics; Inc.;
and United States Steel Corporation.
\6\ See Petitioners' Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated February 28, 2022.
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Methodology
Commerce is conducting this 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 financial contribution from
an authority that gives rise to a benefit to the recipient, and that
the subsidy is specific.\7\ For a full description of the methodology
underlying our conclusions, see the accompanying Preliminary Decision
Memorandum.
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\7\ 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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Preliminary Results of Review
As a result of this review, we preliminarily determine the net
countervailable subsidy rates to be:
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Producer/exporter Subsidy rate (percent ad valorem)
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Hyundai Steel Company \8\........... 0.32 (de minimis).
POSCO \9\........................... 0.33 (de minimis).
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Verification
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\8\ Hyundai Steel Company is also known as ``Hyundai Steel Co.,
Ltd.'' As discussed in the Preliminary Decision Memorandum, Commerce
has found the following company to be cross-owned with Hyundai
Steel: Hyundai Green Power Co. Ltd.
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
POSCO: Pohang Scrap Recycling Distribution Center Co. Ltd.; POSCO
Chemical; POSCO M-Tech; POSCO Nippon Steel RHF Joint Venture Co.,
Ltd.; POSCO Steel Processing and Service; and POSCO Terminal. The
POSCO subsidy rate applies to all cross-owned companies. We note
that POSCO has an affiliated trading company through which it
exported certain subject merchandise, i.e., POSCO International
Corporation (POSCO International). POSCO International was not
selected as a mandatory respondent, but was examined in the context
of POSCO. Therefore, there is not an individually-established rate
for POSCO International; POSCO International's subsidies are
accounted for in terms of POSCO's total subsidy rate. Entries of
subject merchandise exported by POSCO International will receive the
rate of the producer listed on the entry form with U.S. Customs and
Border Protection (CBP). Thus, the subsidy rate applied to POSCO
(and POSCO's cross-owned affiliates) is also applied to POSCO
International for entries of subject merchandise produced by POSCO.
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Commerce received a timely request from Nucor to verify the
information submitted in this administrative review.\10\ As provided in
section 782(i)(3) of the Act, Commerce intends to verify the
information submitted by Hyundai Steel in advance of the final results
of this review.
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\10\ See Nucor's Letter, ``Request for Verification,'' dated
March 4, 2021; see also 19 CFR 351.307(b)(1)(v).
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Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
A timeline for the submission of case and rebuttal briefs will be
provided to interested parties at a later date.\11\ Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this review 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. All briefs
must be filed electronically using Enforcement and Compliance's ACCESS
system.
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\11\ See 19 CFR 351.309(c) and (d).
\12\ 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, limited to issues raised in the case and rebuttal
briefs, 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. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. 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.
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act, upon issuance of the
final results, Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries of subject merchandise
in accordance with the final results of this review. If the assessment
rate calculated in the final results is zero or de minimis, we will
instruct CBP to liquidate all appropriate entries without regard to
countervailing duties.
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
In accordance with section 751(a)(1) 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 shown for
each of the companies listed above on shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this administrative 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 at the most
recent company-specific or all-others rate applicable to the company.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 19
CFR 351.221(b)(4).
[[Page 66650]]
Dated: October 28, 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. Period of Review
IV. Partial Rescission of Administrative Review
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2022-24024 Filed 11-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 4, 2022.
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