Notice2023-02593
Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final 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
February 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain corrosion-resistant steel products from the Republic of Korea. The period of review (POR) is January 1, 2020, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7946-7947]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02593]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-879]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Final Results and Partial Rescission 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
countervailable subsidies are being provided to producers and exporters
of certain corrosion-resistant steel products from the Republic of
Korea. The period of review (POR) is January 1, 2020, through December
31, 2020.
DATES: Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT: Zachariah Hall or Dennis McClure, 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) 482-6261 or (202)
482-5973, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review on August 5, 2022.\1\ For a description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\2\
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\1\ See Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2020, 87 FR 47973 (August
5, 2022) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results and Partial Rescission of the 2020 Administrative
Review of the Countervailing Duty Order on 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 <SUP>3</SUP>
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\3\ 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 products covered by this Order are certain corrosion-resistant
steel products. For a complete description of the scope of this Order,
see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum accompanying this notice. A list
of the issues raised by parties, and to which Commerce responded in the
Issues and Decision Memorandum, is provided 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>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain revisions to the subsidy calculations for KG Dongbu Steel Co.,
Ltd. (KG Dongbu).\4\ As a result of the changes to KG Dongbu's program
rates, the final rate for the six non-selected companies under review
also changed.\5\
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\4\ On October 21, 2022, we determined that KG Steel Corporation
(dba KG Dongbu Steel Co., Ltd.) is the successor-in-interest to KG
Dongbu Steel Co., Ltd. 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). Additionally,
we note that KG Dongbu Steel Co., Ltd. was the successor-in-interest
to Dongbu Steel Co., Ltd. See Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Final Results and Partial
Rescission of Countervailing Duty Administrative Review; 2019, 87 FR
2759 (January 19, 2022).
\5\ For details on the changes made since the Preliminary
Results, see the Issues and Decision Memorandum.
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Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\ For a description of the methodology underlying all of
Commerce's conclusions, see the Issues and Decision Memorandum.
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\6\ 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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Companies Not Selected for Individual Review
There are six companies for which a review was requested, but which
were not selected as mandatory respondents or found to be cross-owned
with a mandatory respondent. These companies are: POSCO; POSCO Coated &
Color Steel Co., Ltd.; Samsung Electronics Co., Ltd.; SeAH Coated
Metal; SeAH Steel Corporation; and SY Co., Ltd. For these six
companies, we applied the final subsidy rate calculated for KG Dongbu,
as this rate is the only rate calculated for a mandatory respondent
that was above de minimis and not based entirely on facts available.
This methodology for establishing the subsidy rate for the non-selected
companies is consistent with our practice and with section 705(c)(5)(A)
of the Act.
Final Results of Review
We determine that, for the period January 1, 2020, through December
31, 2020, the following total net countervailable subsidy rates exist:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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KG Steel Corporation/KG Dongbu Steel Co., Ltd \7\....... 9.47
Hyundai Steel Company................................... * 0.27
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Review-Specific Rate Applicable to
Non-Selected Companies
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POSCO................................................... 9.47
POSCO Coated & Color Steel Co., Ltd..................... 9.47
Samsung Electronics Co., Ltd............................ 9.47
SeAH Coated Metal....................................... 9.47
SeAH Steel Corporation.................................. 9.47
[[Page 7947]]
SY Co., Ltd............................................. 9.47
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* (de minimis).
Disclosure
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\7\ Based on the October 21, 2022, successor-in-interest finding
noted in footnote 4, supra, KG Steel Corporation (dba KG Dongbu
Steel Co., Ltd.) is subject to the cash deposit rate determined in
this review. Additionally, we note that Dongbu Incheon Steel Co.,
Ltd. (Dongbu Incheon) merged with Dongbu Steel Co., Ltd., on March
1, 2020. Therefore, Dongbu Incheon is no longer eligible for its own
cash deposit rate. See KG Dongbu's Letter, ``Dongbu's Initial
Questionnaire Response'' dated November 29, 2021, at 1. However, we
intend to liquidate any entries of subject merchandise during the
POR associated with Dongbu Incheon at the ad valorem rate listed
above for KG Steel Corporation/KG Dongbu Steel Co., Ltd.
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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, in accordance with 19 CFR
351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, 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 companies at the applicable ad
valorem assessment rates listed. 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 Rates
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 each of the respective companies listed
above on shipments of the subject merchandise entered, or withdrawn
from warehouse for consumption on or after the date of publication of
the final results of this administrative review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposits, effective upon the publication of the final results of this
review, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
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). Timely
written notification of the return/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
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: February 1, 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. Period of Review
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of Comments
Comment 1: Whether Electricity Is Subsidized by the Government
of Korea (GOK)
Comment 2: Whether Commerce's Determination that Port Usage
Rights Provide a Countervailable Benefit Is Unsupported by Evidence
and Contrary to Law
Comment 3: Whether the Korea Emissions Trading System (K-ETS) Is
Countervailable
Comment 4: Whether Hyundai Steel and Hyundai Green Power (HGP)
Are Cross-Owned
Comment 5: Whether Commerce Is Required by Law to Conduct
Verification of the GOK's Questionnaire Responses
Comment 6: Whether KG Dongbu Is Equityworthy and the 2015-2018
Debt-to-Equity Swaps Should Be Countervailed
Comment 7: Whether Subsidies Prior to Dongbu Steel Co., Ltd.'s
(Dongbu Steel) Change in Ownership (CIO) Pass Through to KG Dongbu
Comment 8: Whether Commerce Incorrectly Calculated the
Uncreditworthy Discount Rate
Comment 9: Whether Commerce Used the Correct Uncreditworthy Rate
in the Benefit Calculations for the Long-Term Loan and Bond
Restructured in 2019
VIII. Recommendation
[FR Doc. 2023-02593 Filed 2-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 7, 2023.
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