Notice2023-02216
Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021
Primary source
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Published
February 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Dongkuk Steel Mill Co., Ltd. (Dongkuk) and certain companies not selected for individual examination made sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) July 1, 2020, through June 30, 2021. In addition, Commerce determines that Hyundai Steel Company (Hyundai) did not make sales of subject merchandise in the United States at prices below NV during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 23 (Friday, February 3, 2023)</title>
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[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7406-7408]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02216]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel Products 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
Dongkuk Steel Mill Co., Ltd. (Dongkuk) and certain companies not
selected for individual examination made sales of subject merchandise
in the United States at prices below normal value (NV) during the
period of review (POR) July 1, 2020, through June 30, 2021. In
addition, Commerce determines that Hyundai Steel Company (Hyundai) did
not make sales of subject merchandise in the United States at prices
below NV during the POR.
DATES: Applicable February 3, 2023.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or William Horn, 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) 482-3640 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 4, 2022, Commerce published the Preliminary Results of
the 2020-2021 administrative review of the antidumping duty order on
certain corrosion-resistant steel products (CORE) from the Republic of
Korea (Korea) and invited interested parties to comment.\1\ The
administrative review
[[Page 7407]]
covers eight exporters and/or producers of the subject merchandise,\2\
of which we selected Dongkuk and Hyundai as mandatory respondents.\3\
For a summary of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\ Commerce conducted
this review in accordance with section 751(a)(1)(B) of the Tariff Act
of 1930, as amended (the Act).
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\1\ See Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review, 2020-2021, 87 FR 47716 (August 4, 2022)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034, 50040 (September 7, 2021)
(Initiation Notice).
\3\ See Preliminary Results, 87 FR at 47717.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 Antidumping Duty Administrative
Review: Certain Corrosion-Resistant Steel Products from the Republic
of Korea,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Order \5\
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\5\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016) (Order).
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The merchandise covered by this Order is CORE from Korea. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is in 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
Pursuant to section 782(i) of the Act, and 19 CFR 351.307(b)(v), we
conducted verification of the questionnaire responses of Dongkuk and
Hyundai.\6\
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\6\ See Memorandum, ``Verification of the Sales and Cost
Responses of Dongkuk Steel Mill Co., Ltd. in the Antidumping Duty
Administrative Review of Corrosion-Resistant Steel Products from the
Republic of Korea,'' dated December 23, 2022; see also Memorandum
``Verification of the Sales and Cost Responses of Hyundai Steel
Company in the Antidumping Duty Administrative Review of Corrosion-
Resistant Steel Products from the Republic of Korea,'' dated January
3, 2023.
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margin calculations
for Dongkuk and Hyundai,\7\ as well as the preliminary weighted-average
dumping margin assigned to the companies not selected for individual
examination.
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\7\ See Issues and Decision Memorandum at Comments 1 through 3.
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Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual 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 an
investigation, for guidance when calculating the rate for companies
which we did not individually examine in an administrative review.
Section 735(c)(5)(A) of the Act establishes a preference to avoid using
rates which are zero, de minimis, or based entirely on facts available
(FA) in calculating an all-others rate. Accordingly, Commerce's
practice in administrative reviews has been to average the weighted-
average dumping margins for the companies selected for individual
examination in the administrative review, excluding rates that are
zero, de minimis, or based entirely on FA.\8\ For these final results
of review, we calculated a zero weighted-average dumping margin for
Hyundai and a weighted-average dumping margin for Dongkuk that is not
zero, de minimis, or based entirely on FA. Therefore, consistent with
our practice, we have assigned the companies not selected for
individual examination the weighted-average dumping margin calculated
for Dongkuk.
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\8\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824
(September 11, 2008), and accompanying Issues and Decision
Memorandum at Comment 16.
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Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period July 1, 2021, through June 30, 2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Dongkuk Steel Mill Co., Ltd................................. 1.79
Hyundai Steel Company....................................... 0.00
KG Steel Corporation/KG Dongbu Steel Co., Ltd.\9\........... 1.79
POSCO....................................................... 1.79
POSCO Coated & Color Steel Co., Ltd......................... 1.79
POSCO International Corporation............................. 1.79
POSCO Daewoo Corporation \10\............................... 1.79
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Disclosure
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\9\ In a recently completed changed circumstances review,
Commerce found that KG Steel Corporation (dba KG Dongbu Steel Co.,
Ltd.) is the successor-in-interest to KG Dongbu Steel Co., Ltd. for
purposes of determining antidumping cash deposits and liabilities.
See Certain Cold-Rolled Steel Flat Products and Certain Corrosion-
Resistant Steel Products from the Republic of Korea: Final Results
of Antidumping and Countervailing Duty Changed Circumstances
Reviews, 87 FR 64013 (October 21, 2022); see also Certain Cold-
Rolled Steel Flat Products and Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Final Results of Antidumping
and Countervailing Duty Changed Circumstances Reviews, 86 FR 10922
(February 23, 2021) (determining that KG Dongbu Steel Co., Ltd. was
the successor-in-interest to Dongbu Steel Co., Ltd. and Dongbu
Incheon Steel Co., Ltd.).
\10\ While POSCO requested, and we initiated, a review of
``POSCO International Corporation (formerly POSCO Daewoo
Corporation)'' in this proceeding (see Initiation Notice), we have
made no determination that POSCO International Corporation is the
successor-in-interest to POSCO Daewoo Corporation. Therefore, we
have separately identified these entities for antidumping cash
deposit and liability purposes.
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Commerce intends to disclose to interested parties the calculations
performed in connection with the final results within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
Pursuant to 19 CFR 351.212(b)(1), because Dongkuk reported the entered
value of its U.S. sales, we calculated importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of the
sales for which entered value was reported. Where an importer-specific
assessment rate is de minimis (i.e., less than 0.5 percent), the
entries by that importer will be liquidated without
[[Page 7408]]
regard to antidumping duties. Because the final weighted-average
dumping margin for Hyundai Steel Company is zero percent, we intend to
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\11\
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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, 8102 (February 14,
2012).
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Consistent with Commerce's clarification of its assessment
practice, for entries of subject merchandise during the POR produced by
the above-referenced respondents for which they did not know that the
merchandise was destined for the United States, we will instruct CBP to
liquidate those entries at the all-others rate in the original less-
than-fair-value (LTFV) investigation (as amended) \12\ if there is no
rate for the intermediate company(ies) involved in the transaction.\13\
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\12\ See Order; and Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Notice of Court Decision Not in Harmony
with Final Determination of Investigation and Notice of Amended
Final Results, 83 FR 39054 (August 8, 2018) (Timken and Amended
Final Results).
\13\ 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).
The final results of this 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.\14\
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\14\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of CORE from Korea entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results as
provided by section 751(a)(2) of the Act: (1) the cash deposit rate for
each specific company listed above will be equal to the weighted-
average dumping margin established in the final results of the review;
(2) for merchandise exported by producers or exporters not covered in
this review but covered in a prior completed segment of the proceeding,
the cash deposit rate will continue to be the company-specific rate
established in the completed segment for the most recent period; (3) if
the exporter is not a firm covered in this review or the original LTFV
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 8.31 percent,
the all-others rate established in the LTFV investigation (as amended)
in this proceeding.\15\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\15\ See Order, and as amended by Timken and Amended Final
Results.
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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 and/or countervailing duties
prior to liquidation of the relevant entries during this POR. 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, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: January 27, 2023.
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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Dongkuk's Home Market Overrun Sales Are
Outside the Ordinary Course of Trade
Comment 2: Whether Commerce Used the Correct Gross Unit Price
for Hyundai's U.S. Sales
Comment 3: Whether to Deduct Certain Inland Freight and Other
Direct Selling Expenses from Hyundai's Home Market Prices in the
Calculation of Normal Value
VI. Recommendation
[FR Doc. 2023-02216 Filed 2-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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