Notice2023-09854
Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Final Results 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
May 9, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that producers/exporters of certain hot-rolled steel flat products (hot- rolled steel) from the Republic of Korea (Korea) received net countervailable subsidies at de minimis rates during the period of review (POR) January 1, 2020, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 88 Issue 89 (Tuesday, May 9, 2023)</title>
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[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Notices]
[Pages 29889-29890]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09854]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Final Results 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
producers/exporters of certain hot-rolled steel flat products (hot-
rolled steel) from the Republic of Korea (Korea) received net
countervailable subsidies at de minimis rates during the period of
review (POR) January 1, 2020, through December 31, 2020.
DATES: Applicable May 9, 2023.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger or Nathan James,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2517 or (202)
482-5305, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on
November 4, 2022.\1\ On February 13, 2023, Commerce extended the
deadline for the final results of this administrative review until May
3, 2023.\2\ For a complete description of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\3\
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\1\ See Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review, 2020, 87 FR 66648
(November 4, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated February 13,
2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020 Administrative Review of the
Countervailing Duty Order on 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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Scope of the Order \4\
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\4\ See Certain Hot-Rolled Steel Flat Products from Brazil and
the Republic of Korea: Amended Final Affirmative Countervailing Duty
Determinations and Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
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The merchandise covered by this Order is hot-rolled steel. For a
complete description of the scope of this Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in interested parties' case briefs
in the Issues and Decision Memorandum accompanying this notice. A list
of the issues raised by parties, to which Commerce responded in the
Issues and Decision Memorandum, is provided as an 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
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in October 2022, Commerce conducted an on-site verification
of the subsidy information reported by Hyundai Steel.\5\ We used
standard on-site verification procedures, including an examination of
relevant accounting records and original source documents provided by
the respondent.
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\5\ See Memorandum, ``Verification of the Questionnaire
Responses of Hyundai Steel Company,'' dated December 1, 2022.
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Changes Since the Preliminary Results
After evaluating the comments received from interested parties and
record information, we have made certain changes to our analysis, but
have made no changes to the net subsidy rates calculated for Hyundai
Steel Company (Hyundai Steel) and POSCO. For a discussion of these
comments, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of 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 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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Final Results of Review
We determine that, for the period January 1, 2020, through December
31, 2020, the following net countervailable subsidy rates exist:
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\7\ This company was also referenced as ``Hyundai Steel Co.,
Ltd'' in the initiation notice. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR 67685 (November
29, 2021). As discussed in the Issues and Decision Memorandum,
Commerce has found the following company to be cross-owned with
Hyundai Steel: Hyundai Green Power Co.
\8\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
POSCO: Pohang Scrap Recycling Distribution Center Co. Ltd.; POSCO
Chemical; POSCO M-Tech; POSCO Nippon Steel RHF Joint Venture Co.,
Ltd.; POSCO Steel Processing and Service; and POSCO Terminal. The
POSCO subsidy rate applies to all cross-owned companies. We note
that POSCO has an affiliated trading company through which it
exported certain subject merchandise, i.e., POSCO International
Corporation (POSCO International). POSCO International was not
selected as a mandatory respondent, but was examined in the context
of POSCO. Therefore, there is not an individually-established rate
for POSCO International; POSCO International's subsidies are
accounted for in terms of POSCO's total subsidy rate. Entries of
subject merchandise exported by POSCO International will receive the
rate of the producer listed on the entry form with U.S. Customs and
Border Protection (CBP). Thus, the subsidy rate applied to POSCO
(and POSCO's cross-owned affiliates) is also applied to POSCO
International for entries of subject merchandise produced by POSCO.
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Subsidy rate
Company (percent ad
valorem)
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Hyundai Steel Company \7\............................ 0.32 (de minimis)
POSCO \8\............................................ 0.33 (de minimis)
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Disclosure
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
In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue
assessment instructions directing CBP to liquidate entries of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after January 1, 2020, through December 31, 2020, for the above-listed
companies without regard to countervailing duties. 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).
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Cash Deposit Requirements
For the companies listed above for which the subsidy rates are de
minimis, no cash deposit will be required of these companies 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 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 rate
applicable to the company or the all-others rate, as appropriate. These
cash deposits, when imposed, shall remain in effect until further
notice.
Administrative Protective Order
This notice also serves as a final 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). 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.
Notice 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: May 3, 2023.
Abdelali Elouaradia,
Deputy 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 the Issues
Comment 1: Whether Electricity Is Subsidized by the Government
of Korea (GOK)
Comment 2: Whether the GOK's Port Usage Rights Program Provides
a Countervailable Benefit
Comment 3: Whether the Korea Emissions Trading System (K-ETS)
Program Is Countervailable
Comment 4: Whether Commerce Should Modify its Benefit
Calculation Relating to the Provision of K-ETS Permits
Comment 5: Whether Hyundai Steel Company (Hyundai Steel) and
Hyundai Green Power Co. (HGP) Are Cross-Owned
Comment 6: Whether Commerce Was Required by Law to Conduct
Verification of the GOK and POSCO
Comment 7: Whether Local Tax Exemptions under Restriction of
Special Location Taxation Act (RSLTA) Article 57-2 Are
Countervailable
Comment 8: Whether Certain of POSCO Chemical Co., Ltd.'s (POSCO
Chemical) Local Tax Exemptions under RSLTA Article 78 Are Tied to
Non-Subject Merchandise
Comment 9: Whether Certain Quota Tariff Import Duty Exemptions
under Article 71 of the Customs Act Are Tied to Non-Subject
Merchandise
VIII. Recommendation
[FR Doc. 2023-09854 Filed 5-8-23; 8:45 am]
BILLING CODE 3510-DS-P
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