Notice2022-26460
Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Final Results 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
December 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that POSCO, a producer/exporter of certain carbon and alloy steel cut-to- length plate (CTL plate) from the Republic of Korea (Korea), received de minimis net countervailable subsidies during the period of review (POR), January 1, 2020, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 233 (Tuesday, December 6, 2022)</title>
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[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74597-74598]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26460]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-888]
Certain Carbon and Alloy Steel Cut-to-Length Plate From the
Republic of Korea: Final Results 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
POSCO, a producer/exporter of certain carbon and alloy steel cut-to-
length plate (CTL plate) from the Republic of Korea (Korea), received
de minimis net countervailable subsidies during the period of review
(POR), January 1, 2020, through December 31, 2020.
DATES: Applicable December 6, 2022.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1537.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2022, Commerce published the Preliminary Results of this
administrative review in the Federal Register.\1\ On August 15, 2022,
Commerce extended the deadline for the final results of this review to
no later than November 30, 2022.\2\ For a complete description of the
events that followed the Preliminary Results, see the Issues and
Decision Memorandum.\3\
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\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review, and Intent to Rescind Review, in Part; 2020,
87 FR 33720 (June 3, 2022) (Preliminary Results).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated August 15, 2022.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review:
Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic
of Korea; 2020,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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We conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>4</SUP>
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\4\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May
25, 2017) (Order).
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The merchandise covered by the Order is CTL plate. For a complete
description of the scope of the Order, see 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 the issues addressed is
attached to this notice at the 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
registered users at <a href="https://access.trade.gov">https://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>.
Verification
As provided in section 782(i) of the Act, in September 2022,
Commerce conducted an on-site verification of the subsidy information
reported by POSCO. We used standard on-site verification procedures,
including an examination of relevant accounting records and original
source documents provided by the respondent.
Changes Since the Preliminary Results
Based on our analysis of the case and rebuttal briefs and the
evidence on the record, we made certain changes to POSCO's
countervailable subsidy calculations from the Preliminary Results.
These changes are explained in the Issues and Decision Memorandum.
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated an
individual net countervailable subsidy rate for POSCO. Commerce
determines that, during the POR, the net countervailable subsidy rate
for the producers/exporter under review is as follows:
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\5\ As discussed in the Preliminary Results, Commerce found the
following companies to be cross-owned with POSCO: Pohang Scrap
Recycling Distribution Center Co., Ltd.; POSCO Chemical Co., Ltd.;
POSCO M-Tech Co., Ltd.; POSCO Nippon Steel RHF Joint Venture Co.,
Ltd.; POSCO SPS Co., Ltd.; and POSCO Terminal Co., Ltd. The subsidy
rate applies to all cross-owned companies. We noted that POSCO has
an affiliated trading company through which it exported certain
subject merchandise during the POR, POSO International (aka POSCO
International Corporation). POSCO International was not selected as
a mandatory respondent but was examined in the context of POSCO.
Therefore, there is not an established countervailing duty rate for
POSCO International; POSCO International's subsidies are accounted
for in POSCO's total subsidy rate. Instead, entries of subject
merchandise exported by POSCO International will receive the rate of
the producer listed on the U.S. Customs and Border Protection (CBP)
entry form. Thus, the subsidy rate applied to POSCO and POSCO's
cross-owned companies is also applied to POSCO International for
entries of subject merchandise produced by POSCO.
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Subsidy rate (percent ad
Producer/exporter valorem)
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POSCO \5\............................. 0.33 (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.\6\
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\6\ See 19 CFR 351.224(b).
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Assessment Rates
Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review, for the above-listed company at the
applicable ad valorem assessment rate. We intend 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
[[Page 74598]]
time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
Cash Deposit Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for the company listed above based 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.\7\ For all non-reviewed firms
subject to the Order, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent company-
specific rate or the all-others rate (3.72 percent), as appropriate.\8\
These cash deposit requirements, effective upon publication of these
final results, shall remain in effect until further notice.
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\7\ See, e.g., Honey from Argentina: Results of Countervailing
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and
accompanying Issues and Decision Memorandum at Issue 4.
\8\ See Order, 82 FR at 24103.
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Administrative Protective Order
This notice also serves as a 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) of the Act.
Dated: November 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
Comment 1: Whether Electricity Is Subsidized by the Government
of Korea (GOK)
Comment 2: Whether Commerce Is Required by Law to Conduct
Verification of the GOK's Questionnaire Responses
Comment 3: Whether the Provision of Korea Emissions Trading
System (K-ETS) Permits Is Countervailable
a. Whether the Provision of K-ETS Permits Provides a Financial
Contribution and Benefit
b. Whether the Provision of K-ETS Permits Is Specific
Comment 4: Whether Commerce Should Correct Errors in its
Calculation of the Benefit under the Provision of K-ETS Permits
Comment 5: Whether Local Tax Exemptions under RSLTA Article 57-2
Are Countervailable
Comment 6: Whether Certain of POSCO Chemical Co., Ltd.'s (POSCO
Chemical) Local Tax Exemptions under Restriction of Special Local
Taxation Act (RSLTA) Article 78 Are Tied to Non-Subject Merchandise
Comment 7: Whether Certain Quota Tariff Import Duty Exemptions
under Article 71 of the Customs Act Are Tied to Non-Subject
Merchandise
VII. Recommendation
[FR Doc. 2022-26460 Filed 12-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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