Notice2023-04440
Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Preliminary Results and Preliminary Intent To Rescind, in Part, the Countervailing Duty Administrative Review; 2021
Primary source
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Published
March 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain exporters/producers of certain cut-to-length plate (CTL plate) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR), January 1, 2021, through December 31, 2021. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 42 (Friday, March 3, 2023)</title>
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[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13433-13434]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04440]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Certain Cut-to-Length Carbon-Quality Steel Plate From the
Republic of Korea: Preliminary Results and Preliminary Intent To
Rescind, in Part, the Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain exporters/producers of certain cut-to-length
plate (CTL plate) from the Republic of Korea (Korea) received
countervailable subsidies during the period of review (POR), January 1,
2021, through December 31, 2021. We invite interested parties to
comment on these preliminary results.
DATES: Applicable March 3, 2023.
FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1671.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, Commerce published in the Federal Register
the countervailing duty (CVD) order on CTL plate from Korea.\1\ On
April 12, 2022, Commerce published in the Federal Register its
initiation of the CVD administrative review of the Order for the period
January 1, 2021, to December 31, 2021.\2\ On May 2, 2022, Commerce
selected Hyundai Steel Company (Hyundai Steel) as the sole mandatory
respondent in this administrative review.\3\
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\1\ See Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate from France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 21619 (April 12, 2022) (Initiation
Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated May 2, 2022.
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On October 5, 2022, Commerce extended the deadline for issuance of
the preliminary results of this review by 120 days, until February 28,
2023, in accordance with 19 CFR 351.213(h)(2).\4\
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated October 5, 2022.
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A list of topics discussed in the Preliminary Decision Memorandum
is included in the appendix to this notice. For a complete description
of the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\5\ 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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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, 2021:
Certain Cut-To-Length Carbon-Quality Steel Plate 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 product covered by this Order is certain cut-to-length carbon-
quality steel plate. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.
Preliminary Intent To Rescind Administrative Review, in Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
data and comments received from interested parties, we preliminarily
determine that two companies, BDP International and Sung Jin Steel Co.,
Ltd, had no reviewable shipments, sales or entries of subject
merchandise during the POR.
Absent any evidence of shipments placed on the record, pursuant to
19 CFR 351.213(d)(3), we intend to rescind the administrative review of
these companies in the final results of review. For further
information, see ``Preliminary Intent to Rescind Administrative Review,
in Part'' in the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this CVD administrative 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 by an ``authority'' that confers a benefit to the
recipient, and that the subsidy is specific.\6\ For a full description
of the methodology underlying our conclusions, see the Preliminary
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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Rate for Non-Selected Companies Under Review
There are four companies for which a review was requested.\7\ Of
those, as discussed above, we intend to rescind the review for two
companies that had no reviewable entries during the POR. In addition,
Commerce selected one mandatory respondent, Hyundai Steel, for
individual examination. Because the rate calculated for mandatory
respondent Hyundai Steel is above de minimis and not based entirely on
facts available, we have applied the subsidy rate calculated for the
mandatory respondent to Dongkuk Steel Mill Co., Ltd., the remaining
company subject to this review. This methodology is consistent with our
practice for establishing an all-others subsidy rate pursuant to
section 705(c)(5)(A) of the Act. For further information on the non-
selected respondent rate, refer to the section in the Preliminary
Decision Memorandum entitled ``Non-Selected Companies Under Review.''
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\7\ See Initiation Notice, 87 FR at 21635.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates for the period January 1,
2021, through December 31, 2021:
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Net
countervailable
Company subsidy rate
(percent)
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Hyundai Steel Company.................................. 1.10
Dongkuk Steel Mill Co., Ltd............................ 1.10
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[[Page 13434]]
Assessment Rate
In accordance with 19 CFR 351.221(b)(4)(i), Commerce has
preliminarily assigned subsidy rates as indicated above. Consistent
with 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 covered by this review. 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 Rate
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this 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 deposit instructions, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days after the date of publication of this notice in the Federal
Register.\8\ Case briefs may be submitted to the Assistant Secretary
for Enforcement and Compliance.\9\ Interested parties will be notified
of the timeline for the submission of such case briefs at a later date.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline date for case
briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case 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. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\11\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c).
\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\11\ 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 do so within 30 days of publication of these
preliminary results by submitting a written request to the Assistant
Secretary for Enforcement and Compliance using ACCESS.\12\ Requests
should contain the party's name, address, and telephone number, the
number of participants, and a list of the issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs.\13\ If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined.\14\ Parties should confirm the date and time of the hearing
two days before the scheduled date. Parties are reminded that all
briefs and hearing requests must be filed electronically using ACCESS
and received successfully in their entirety by 5:00 p.m. Eastern Time
on the due date.
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\12\ See 19 CFR 351.310(c).
\13\ Id.
\14\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised by parties in their comments, within 120 days after the
date of publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 19 CFR 351.221(b)(4).
Dated: February 27, 2023.
Abdelali Elouaradia,
Deputy 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. Preliminary Intent to Rescind Administrative Review, In Part
V. Non-Selected Company Under Review
VI. Scope of the Order
VII. Subsidies Valuation Information
VIII. Use of Facts Otherwise Available
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023-04440 Filed 3-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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