Notice2023-08393
Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021
Primary source
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Published
April 20, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that the producers/exporters subject to this review made sales of subject merchandise at less than normal value during the period of review (POR), October 1, 2020, through September 30, 2021. Commerce also determines that one mandatory respondent did not make sales of subject merchandise at less than normal value during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 76 (Thursday, April 20, 2023)</title>
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[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Pages 24387-24389]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08393]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-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 the
producers/exporters subject to this review made sales of subject
merchandise at less than normal value during the period of review
(POR), October 1, 2020, through September 30, 2021. Commerce also
determines that one mandatory respondent did not make sales of subject
merchandise at less than normal value during the POR.
DATES: Applicable April 20, 2023.
FOR FURTHER INFORMATION CONTACT: Christopher Williams or Thomas
Schauer, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5166
or (202) 482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2022, Commerce published in the Federal Register the
preliminary results of the 2020-2021 administrative review of the
antidumping duty order on hot-rolled steel flat products (hot-rolled
steel) from the Republic of Korea (Korea).\1\ This review covers 14
producers/exporters of the subject merchandise, Hyundai Steel Company
(Hyundai Steel), POSCO,\2\ and 12 non-selected companies. We invited
parties to comment on the Preliminary Results.\3\ On December 1, 2022,
we received case briefs from the petitioners \4\ and from the mandatory
respondents, Hyundai Steel and POSCO.\5\ On December 15, 2022, the
petitioners and Hyundai Steel submitted rebuttal briefs.\6\ On February
2, 2023,
[[Page 24388]]
Commerce extended the deadline for the final results of review until
April 28, 2023.\7\ 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 Hot-Rolled Steel Flat Products from the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2020-2021, 87 FR 65744 (November 1, 2022) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ Commerce treated POSCO and POSCO International Corporation
(PIC) as a single entity in the most recently completed review. See
Certain Hot-Rolled Steel Flat Products from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 59985 (October 29, 2021), and accompanying Preliminary
Decision Memorandum at 6-13, unchanged in Certain Hot-Rolled Steel
Flat Products from the Republic of Korea: Final Results of
Antidumping Duty Administrative Review; 2019-2020, 87 FR 12660
(March 7, 2022). Therefore, we continue to treat POSCO and PIC as a
single entity in this review; no party commented on this treatment.
\3\ See Preliminary Results, 87 FR at 65745.
\4\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated
December 1, 2022. The petitioners are SSAB Enterprises, LLC, and
Steel Dynamics, Inc. (collectively, the petitioners).
\5\ See Hyundai Steel's Letter, ``Hyundai Steel's Case Brief,''
dated December 1, 2022; and POSCO's Letter, ``POSCO/PIC's Case
Brief,'' dated December 1, 2022.
\6\ See Petitioners' Letter, ``Petitioners' Rebuttal Brief,''
dated December 15, 2022; see also Hyundai Steel's Letter, ``Hyundai
Steel's Rebuttal Brief,'' dated December 15, 2022.
\7\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2020-2021,'' dated February
2, 2023.
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Scope of the Order
The products covered by the Order \8\ are hot-rolled steel. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.\9\
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\8\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review; 2020-2021:
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this administrative review are addressed in the
Issues and Decision Memorandum and are listed 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 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 the comments received from interested parties regarding
our Preliminary Results, and for the reasons explained in the Issues
and Decision Memorandum, we made certain changes for the final results
of review.
Rates for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to 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 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.
In this review, we calculated a weighted-average dumping margin for
one of the mandatory respondents, Hyundai Steel, that is not zero, de
minimis, or determined entirely on the basis of facts available.
Accordingly, because the second mandatory respondent, POSCO's margin is
de minimis, Commerce assigned to the companies not individually
examined, listed in the chart below, a margin of 0.88 percent based on
Hyundai Steel's calculated weighted-average dumping margin.
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period October 1, 2020, through September 30, 2021.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Hyundai Steel Company....................................... 0.88
POSCO; POSCO International Corporation...................... 0.00
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Review-Specific Average Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
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Del Trading Inc............................................. 0.88
Dongkuk Industries Co., Ltd................................. 0.88
Dongkuk Steel Mill Co., Ltd................................. 0.88
Gs Global Corp.............................................. 0.88
Gs Holdings Corp............................................ 0.88
KG Dongbu Steel Co., Ltd.................................... 0.88
Marubeni-Itochu Steel Korea, Ltd............................ 0.88
Samsung C and T Corporation................................. 0.88
Snp Ltd..................................................... 0.88
Soon Ho Co., Ltd............................................ 0.88
Soon Hong Trading Co. Ltd................................... 0.88
Sungjin Co., Ltd............................................ 0.88
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Disclosure
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days
after public announcement of the final results 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
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, 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.
For Hyundai Steel, we calculated importer-specific assessment rates
on the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales and the total entered value of those
sales in accordance with 19 CFR 351.212(b)(1). 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 regard to
antidumping duties. Because POSCO's weighted-average dumping margin is
zero, we will instruct CBP to liquidate POSCO's entries without regard
to duties in accordance with 19 CFR 351.106(c)(1).
For entries of subject merchandise during the POR produced by
either of the individually examined respondents for which it did not
know that its merchandise was destined for the United States, we will
instruct CBP to liquidate unreviewed entries at the all-others rate if
there is no rate for the intermediate company(ies) involved in the
transaction.
For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rate established in these final results of 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 Requirements
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of hot-rolled steel entered, or withdrawn from warehouse, for
consumption on or after the date of publication as provided by section
751(a)(2) of the Act: (1) the cash deposit
[[Page 24389]]
rates for the companies subject to this review 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 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 original investigation but the producer has been
covered in a prior completed segment of this proceeding, 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 6.05 percent, the all-others rate established in the less-than-fair-
value investigation for this proceeding.\10\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ See Order, 81 FR at 67963, 67965.
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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 doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the 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/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 which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: April 14, 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: Hyundai Steel's Quarterly Costs
Comment 2: Hyundai Steel's Cost Adjustments
Comment 3: Cost Recovery Methodology
Comment 4: POSCO's Cost Smoothing
VI. Recommendation
[FR Doc. 2023-08393 Filed 4-19-23; 8:45 am]
BILLING CODE 3510-DS-P
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