Notice2023-07041
Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021
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
April 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea) were not sold in the United States at less than normal value during the period of review (POR) September 1, 2020, through August 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 65 (Wednesday, April 5, 2023)</title>
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[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20128-20130]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07041]
[[Page 20128]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold-Rolled Steel Flat 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
certain cold-rolled steel flat products (cold-rolled steel) from the
Republic of Korea (Korea) were not sold in the United States at less
than normal value during the period of review (POR) September 1, 2020,
through August 31, 2021.
DATES: Applicable April 5, 2023.
FOR FURTHER INFORMATION CONTACT: Preston Cox or Fred Baker, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-2924,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2016, Commerce published in the Federal Register
the antidumping duty order on cold-rolled steel from Korea.\1\ On
October 7, 2022, Commerce published the Preliminary Results of this
administrative review in the Federal Register.\2\ This administrative
review covers four producers and/or exporters of the subject
merchandise.\3\ Commerce selected Hyundai and POSCO/PIC (collectively,
POSCO/PIC) \4\ for individual examination.\5\ On January 18, 2023, we
extended the deadline for these final results to no later than April 5,
2023.\6\ During November 2022 and January 2023, Commerce conducted on-
site sales verifications of the questionnaire responses submitted by
Hyundai and POSCO/PIC.\7\ Following the verifications, Commerce invited
interested parties to submit case and rebuttal briefs.\8\ We received
no comments from interested parties. Accordingly, no decision
memorandum accompanies this Federal Register notice. Commerce conducted
this administrative review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Act).
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\1\ See Certain Cold Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20,
2016) (Order).
\2\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021, 87 FR 60989 (October 7, 2022)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 61121 (November 5, 2021). The four
companies included in this review are Hyundai Steel Company
(Hyundai), KG Dongbu Steel Co., Ltd. (Dongbu), POSCO, and POSCO
International Corporation (PIC).
\4\ Commerce continues to treat POSCO and POSCO International
Corporation as a collapsed single entity for the final results of
this administrative review. See Preliminary Results PDM at 1.
\5\ See Preliminary Results PDM at 2.
\6\ See Memorandum, ``Extension of Final Results of Antidumping
Duty Administrative Review; 2021-2021,'' dated January 18, 2023.
\7\ See Memoranda, ``Sales Verification Report for Hyundai Steel
Company,'' dated March 6, 2023; ``Sales Verification Report for
POSCO and POSCO International Corporation,'' dated March 6, 2023;
``Constructed Export Price Sales Verification Report for Hyundai
Steel America,'' dated March 6, 2023; and ``Sales Verification
Report for POSCO International America Corporation, POSCO America
Corporation, and POSCO America Alabama Processing Center Co.,
Ltd.,'' dated March 6, 2023.
\8\ See Memorandum, ``Briefing Schedule,'' dated March 8, 2023.
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Scope of the Order
The merchandise covered by the Order is cold-rolled steel. For a
complete description of the scope of the Order, see Appendix.
Verification
Pursuant to 782(i)(3) of the Act and 19 CFR 351.307(b)(1)(v), we
conducted verification of the questionnaire responses submitted by
Hyundai and POSCO/PIC.\9\
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\9\ See Memoranda, ``Sales Verification Report for Hyundai Steel
Company,'' dated March 6, 2023; ``Sales Verification Report for
POSCO and POSCO International Corporation,'' dated March 6, 2023;
``Constructed Export Price Sales Verification Report for Hyundai
Steel America,'' dated March 6, 2023; and ``Sales Verification
Report for POSCO International America Corporation, POSCO America
Corporation, and POSCO America Alabama Processing Center Co.,
Ltd.,'' dated March 6, 2023.
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Changes Since the Preliminary Results
Based on a review of the record, including the results of
verification, Commerce made certain changes to the preliminary
weighted-average dumping margin calculation for POSCO/PIC. For detailed
information, see POSCO/PIC's Final Analysis Memorandum.\10\
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\10\ See Memorandum, ``Final Analysis Memorandum for POSCO/
PIC,'' dated concurrently with this notice (POSCO/PIC's Final
Analysis Memorandum).
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Rate for Non-Selected Respondent
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
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 a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
For these final results, we have calculated weighted-average
dumping margins for Hyundai and POSCO/PIC that are zero or de minimis,
and we have not calculated any margins which are not zero, de minimis,
or determined entirely on the basis of facts available. Therefore,
consistent with our practice, we are applying to Dongbu, the company
not selected for individual examination in this review, a margin of
zero percent.\11\
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\11\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
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Final Results of Administrative Review
For these final results, we determine that the following weighted-
average dumping margins exist for the period September 1, 2020, through
August 31, 2021:
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\12\ This company is the only non-examined company in this
review.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Hyundai Steel Company....................................... 0.00
POSCO/POSCO International Corporation....................... 0.00
KG Dongbu Steel Co., Ltd \12\............................... 0.00
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Disclosure
Commerce intends to disclose the calculations performed for POSCO/
PIC for these final results to parties in this proceeding within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b). Because we have made no changes
from the Preliminary Results
[[Page 20129]]
to the weighted-average dumping margin calculation for Hyundai, there
are no calculations to disclose for the final results.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Because we calculated weighted-average dumping margins for
Hyundai and POSCO/PIC which are zero or de minimis in the final results
of this review, we intend to instruct CBP to liquidate the appropriate
entries without regard to antidumping duties. For Dongbu, the company
that was not selected for individual examination in this review, we
will instruct CBP to liquidate entries at the rate established in these
final results of review (i.e., to liquidate entries without regard to
antidumping duties).
For entries of subject merchandise during the POR produced by the
above-referenced respondents for which they did not know its
merchandise was destined for the United States, we will instruct CBP to
liquidate unreviewed entries at the all-others rate in the less-than-
fair-value investigation if there is no rate for the intermediate
company(ies) involved in the transaction.\13\
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\13\ 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 administrative
review shall be the basis for the assessment of antidumping duties on
entries of merchandise under review and for future cash deposits of
estimated antidumping duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of these final results of
administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication date, as provided by section 751(a)(2)(C) of the Act: (1)
the cash deposit rate for companies subject to this review will be
equal to the zero margin established in the final results of this
administrative review; (2) for merchandise exported by a company not
covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the less-than-fair-value investigation, but the
producer is, then the cash deposit rate will be the rate established in
the most recently completed segment of the proceeding for the producer
of the merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 20.33 percent, the all-
others rate established in the less-than-fair-value investigation.\14\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\14\ See Order, 81 FR at 64434.
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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 duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping 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
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
These final results of review 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: March 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The products covered by the Order are certain cold-rolled (cold-
reduced), flat-rolled steel products, whether or not annealed,
painted, varnished, or coated with plastics or other non-metallic
substances. The products covered do not include those that are clad,
plated, or coated with metal. The products covered include coils
that have a width or other lateral measurement (``width'') of 12.7
mm or greater, regardless of form of coil (e.g., in successively
superimposed layers, spirally oscillating, etc.). The products
covered also include products not in coils (e.g., in straight
lengths) of a thickness less than 4.75 mm and a width that is 12.7
mm or greater and that measures at least 10 times the thickness. The
products covered also include products not in coils (e.g., in
straight lengths) of a thickness of 4.75 mm or more and a width
exceeding 150 mm and measuring at least twice the thickness. The
products described above may be rectangular, square, circular, or
other shape and include products of either rectangular or non-
rectangular cross-section where such cross-section is achieved
subsequent to the rolling process, i.e., products which have been
``worked after rolling'' (e.g., products which have been beveled or
rounded at the edges). For purposes of the width and thickness
requirements referenced above:
(1) where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above, and
(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of the Order are products
in which: (1) iron predominates, by weight, over each of the other
contained elements; (2) the carbon content is 2 percent or less, by
weight; and (3) none of the elements listed below exceeds the
quantity, by weight, respectively indicated:
<bullet> 2.50 percent of manganese, or
<bullet> 3.30 percent of silicon, or
<bullet> 1.50 percent of copper, or
<bullet> 1.50 percent of aluminum, or
<bullet> 1.25 percent of chromium, or
<bullet> 0.30 percent of cobalt, or
<bullet> 0.40 percent of lead, or
<bullet> 2.00 percent of nickel, or
<bullet> 0.30 percent of tungsten (also called wolfram), or
<bullet> 0.80 percent of molybdenum, or
<bullet> 0.10 percent of niobium (also called columbium), or
<bullet> 0.30 percent of vanadium, or
<bullet> 0.30 percent of zirconium
[[Page 20130]]
Unless specifically excluded, products are included in this
scope regardless of levels of boron and titanium.
For example, specifically included in this scope are vacuum
degassed, fully stabilized (commonly referred to as interstitial-
free (IF)) steels, high strength low alloy (HSLA) steels, motor
lamination steels, Advanced High Strength Steels (AHSS), and Ultra
High Strength Steels (UHSS). IF steels are recognized as low carbon
steels with micro-alloying levels of elements such as titanium and/
or niobium added to stabilize carbon and nitrogen elements. HSLA
steels are recognized as steels with micro-alloying levels of
elements such as chromium, copper, niobium, titanium, vanadium, and
molybdenum. Motor lamination steels contain micro-alloying levels of
elements such as silicon and aluminum. AHSS and UHSS are considered
high tensile strength and high elongation steels, although AHSS and
UHSS are covered whether or not they are high tensile strength or
high elongation steels.
Subject merchandise includes cold-rolled steel that has been
further processed in a third country, including but not limited to
annealing, tempering, painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other processing that would not
otherwise remove the merchandise from the scope of the Order if
performed in the country of manufacture of the cold-rolled steel.
All products that meet the written physical description, and in
which the chemistry quantities do not exceed any one of the noted
element levels listed above, are within the scope of the order
unless specifically excluded. The following products are outside of
and/or specifically excluded from the scope of the Order:
<bullet> Ball bearing steels; \15\
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\15\ Ball bearing steels are defined as steels which contain, in
addition to iron, each of the following elements by weight in the
amount specified: (i) not less than 0.95 nor more than 1.13 percent
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv)
none, or not more than 0.03 percent of phosphorus; (v) not less than
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25
nor more than 1.65 percent of chromium; (vii) none, or not more than
0.28 percent of nickel; (viii) none, or not more than 0.38 percent
of copper; and (ix) none, or not more than 0.09 percent of
molybdenum.
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<bullet> Tool steels; \16\
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\16\ Tool steels are defined as steels which contain the
following combinations of elements in the quantity by weight
respectively indicated: (i) more than 1.2 percent carbon and more
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent chromium; or
(iii) not less than 0.85 percent carbon and 1 percent to 1.8
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent,
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon and not less
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent
carbon and not less than 5.5 percent tungsten.
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<bullet> Silico-manganese steel; \17\
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\17\ Silico-manganese steel is defined as steels containing by
weight: (i) not more than 0.7 percent of carbon; (ii) 0.5 percent or
more but not more than 1.9 percent of manganese, and (iii) 0.6
percent or more but not more than 2.3 percent of silicon.
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<bullet> Grain-oriented electrical steels (GOES) as defined in
the final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel from Germany, Japan, and Poland.\18\
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\18\ See Grain-Oriented Electrical Steel from Germany, Japan,
and Poland: Final Determinations of Sales at Less Than Fair Value
and Certain Final Affirmative Determination of Critical
Circumstances, 79 FR 42501, 42503 (July 22, 2014). This
determination defines grain-oriented electrical steel as ``a flat-
rolled alloy steel product containing by weight at least 0.6 percent
but not more than 6 percent of silicon, not more than 0.08 percent
of carbon, not more than 1.0 percent of aluminum, and no other
element in an amount that would give the steel the characteristics
of another alloy steel, in coils or in straight lengths.''
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<bullet> Non-Oriented Electrical Steels (NOES), as defined in
the antidumping orders issued by the U.S. Department of Commerce in
Non-Oriented Electrical Steel from the People's Republic of China,
Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\19\
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\19\ See Non-Oriented Electrical Steel from the People's
Republic of China, Germany, Japan, the Republic of Korea, Sweden,
and Taiwan: Antidumping Duty Orders, 79 FR 71741, 71741-42 (December
3, 2014). The orders define NOES as ``cold-rolled, flat-rolled,
alloy steel products, whether or not in coils, regardless of width,
having an actual thickness of 0.20 mm or more, in which the core
loss is substantially equal in any direction of magnetization in the
plane of the material. The term `substantially equal' means that the
cross grain direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of core loss.
NOES has a magnetic permeability that does not exceed 1.65 Tesla
when tested at a field of 800 A/m (equivalent to 10 Oersteds) along
(i.e., parallel to) the rolling direction of the sheet (i.e., B800
value). NOES contains by weight more than 1.00 percent of silicon
but less than 3.5 percent of silicon, not more than 0.08 percent of
carbon, and not more than 1.5 percent of aluminum. NOES has a
surface oxide coating, to which an insulation coating may be
applied.''
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The products subject to the Order are currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0040,
7209.16.0045, 7209.16.0060, 7209.16.0070, 7209.16.0091,
7209.17.0030, 7209.17.0040, 7209.17.0045, 7209.17.0060,
7209.17.0070, 7209.17.0091, 7209.18.1530, 7209.18.1560,
7209.18.2510, 7209.18.2520, 7209.18.2580, 7209.18.2585,
7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000,
7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000,
7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500,
7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030,
7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000,
7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and
7226.92.8050.
The products subject to the Order may also enter under the
following HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010,
7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020,
7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090,
7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000,
7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000,
7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are provided for convenience and
U.S. Customs purposes only. The written description of the scope of
the order is dispositive.
[FR Doc. 2023-07041 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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