Notice2023-11776
Carbon and Alloy Steel Wire Rod From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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
June 2, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that POSCO, a producer and exporter of carbon and alloy steel wire rod (wire rod) from the Republic of Korea (Korea), did not sell subject merchandise in the United States at prices below normal value during the period of review (POR) May 1, 2021, through April 30, 2022. We invite all interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 106 (Friday, June 2, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Pages 36277-36278]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11776]
[[Page 36277]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-891]
Carbon and Alloy Steel Wire Rod From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that POSCO, a producer and exporter of carbon and alloy steel wire rod
(wire rod) from the Republic of Korea (Korea), did not sell subject
merchandise in the United States at prices below normal value during
the period of review (POR) May 1, 2021, through April 30, 2022. We
invite all interested parties to comment on these preliminary results.
DATES: Applicable June 2, 2023.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2316.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2018, Commerce published in the Federal Register the
antidumping duty order on wire rod from Korea.\1\ On April 8, 2019,
Commerce revoked, in part, the Order with respect to grade 1078 and
higher tire cord quality wire rod used in the production of tire cord
wire.\2\ On June 13, 2019, Commerce revoked, in part, the Order with
respect to valve spring quality (VSQ) wire rod.\3\
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic
of Korea, Spain, the Republic of Turkey, and the United Kingdom:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Duty Determinations for Spain and the Republic of Turkey, 83 FR
23417 (May 21, 2018) (Order).
\2\ See Carbon and Alloy Steel Wire Rod from the Republic of
Korea and the United Kingdom: Notice of Final Results of Antidumping
Duty Changed Circumstances Review, 84 FR 13888 (April 8, 2019).
\3\ See Carbon and Alloy Steel Wire Rod from the Republic of
Korea: Final Results of Antidumping Duty Changed Circumstances
Review, 84 FR 27582 (June 13, 2019).
---------------------------------------------------------------------------
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of Tariff Act of 1930, as amended (the Act).
On July 14, 2022, in accordance with 19 CFR 351.221(c)(1)(i), we
initiated this review identifying POSCO as the sole producer and
exporter subject to this review.\4\ On January 13, 2023, we extended
the deadline for these preliminary results to May 26, 2023.\5\
---------------------------------------------------------------------------
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated January 13, 2023.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Carbon and
Alloy Steel Wire Rod from the Republic of Korea; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The scope of the Order includes certain hot-rolled products of
carbon steel and alloy steel, in coils, of approximately round cross
section, less than 19.00 mm in actual solid cross-sectional diameter.
Excluded from the scope are grade 1078 and higher tire cord quality
wire rod to be used in the production of tire cord wire. Also, excluded
from the scope are VSQ steel products which are defined as wire rod.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Constructed export prices are calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
discussed in the Preliminary Decision Memorandum is attached as the
appendix to this notice. 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, 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>.
Preliminary Results of Review
We preliminarily determine the following weighted-average dumping
margin exists for the period May 1, 2021, through April 30, 2022:
------------------------------------------------------------------------
Weighted-
average dumping
Producer/exporter margin
(percent)
------------------------------------------------------------------------
POSCO/POSCO International Corporation \8\.............. 0.00
------------------------------------------------------------------------
Assessment Rates
---------------------------------------------------------------------------
\8\ In the 2020-2021 administrative review of the Order, we
found that POSCO and POSCO International Corporation (PIC) are
affiliated and should be treated as a single entity. See Carbon and
Alloy Steel Wire Rod from the Republic of Korea: Preliminary Results
of Antidumping Duty Administrative Review; 2020-2021, 87 FR 33468
(June 2, 2022), and accompanying Preliminary Decision Memorandum, at
5-10, unchanged in Carbon and Alloy Steel Wire Rod from the Republic
of Korea: Final Results of Antidumping Duty Administrative Review;
2020-2021 (October 4, 2022). In the absence of information
demonstrating any changes, we are continuing to treat POSCO and PIC
as a single entity for purpose of this administrative review.
---------------------------------------------------------------------------
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\9\ The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review and
for future deposits of estimated duties, where applicable.\10\ 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).
---------------------------------------------------------------------------
\9\ See 19 CFR 351.212(b).
\10\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.212(b)(1), if POSCO's weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.5 percent)
in the final results of this review, we will calculate an importer-
specific ad valorem duty assessment rate based on the ratio of the
total amount of dumping calculated for the U.S. sales for a given
importer to the total entered value of those sales. If, in the final
results, either POSCO's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by POSCO
for which it did not know that its
[[Page 36278]]
merchandise was destined for the United States, we will instruct CBP to
liquidate such unreviewed entries pursuant to the reseller policy,\11\
i.e., the assessment rate for such entries will be equal to the all-
others rate established in the investigation (i.e., 41.10 percent), if
there is no rate for the intermediate company(ies) involved in the
transaction.
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for POSCO will be
equal to POSCO's weighted-average dumping margin established in the
final results of this review, except if the rate is less than 0.50
percent, and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously investigated companies not participating in this review,
the cash deposit will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, or the underlying investigation, but the
producer is, then the cash deposit rate will be the rate established
for the completed segment for the most recent POR for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 41.10 percent, the all-others rate
established in the underlying investigation.\12\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\12\ See Order, 81 FR at 23419.
---------------------------------------------------------------------------
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied on here in advance of the final results
of this review.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistance Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this review. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than seven days after the time limit for
filing case briefs.\13\ Parties who submit case briefs or rebuttal
briefs in this proceeding 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.\14\ Executive summaries should be limited
to five pages total, including footnotes. Case and rebuttal briefs
should be filed using ACCESS and must be served on interested
parties.\15\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\16\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.309(d)(1).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303.
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\17\ Hearing requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\18\
---------------------------------------------------------------------------
\17\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
\18\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Final Results of Review
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), unless otherwise
extended.\19\
---------------------------------------------------------------------------
\19\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: May 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-11776 Filed 6-1-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 2, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.