Notice2023-12646
Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
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Published
June 13, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea) were not sold at less than normal value during the period of review (POR), October 1, 2021, through September 30, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 113 (Tuesday, June 13, 2023)</title>
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[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Notices]
[Pages 38489-38491]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12646]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain hot-rolled steel flat products (hot-rolled steel) from the
Republic of Korea (Korea) were not sold at less than normal value
during the period of review (POR), October 1, 2021, through September
30, 2022. We invite interested parties to comment on these preliminary
results.
DATES: Applicable June 13, 2023.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov 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) 482-0665 or (202)
482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2016, Commerce published in the Federal Register an
antidumping duty order on hot-rolled steel from Korea.\1\ On October 3,
2022, we published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On December 5, 2022,
based on timely requests for an administrative review, Commerce
initiated an antidumping duty administrative review of 48 companies.\3\
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 59775 (October 3,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 74404, 74406-07 (December 5, 2022).
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Scope of the Order
The products covered by this Order are hot-rolled steel from Korea.
A full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.\4\
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\4\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price 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 these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Determination of No Shipments
One company under review, Aekyung Chemical Co., Ltd. (Aekyung),\5\
filed a statement reporting that it made no sales or exports of subject
merchandise to the United States during the POR.\6\ We received no
information from U.S. Customs and Border Protection (CBP) that
contradicts Aekyung's no-shipments claim.\7\ Consequently, we
preliminarily determine that Aekyung had no shipments during the POR.
Consistent with Commerce's practice, we find that it is not appropriate
to rescind the review with respect to Aekyung, but rather to complete
the review and issue appropriate instructions to CBP based on the final
results of this review.\8\
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\5\ In the Initiation Notice, this company was listed as Aekyung
Chemical, based on the request for review received by Commerce.
\6\ See Aekyung's Letter, ``No Shipments Letter,'' dated January
4, 2023.
\7\ See Memorandum, ``No shipment inquiry with respect to
Aekyung Chemical Co., Ltd. during the period 10/01/2021 through 09/
30/2022,'' dated March 10, 2023.
\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Rate for Non-Examined Companies
The statute 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.
However, where the dumping margins for individually examined
respondents are all zero, de minimis, or based entirely on facts
available, section 735(c)(5)(B) of the Act provides that Commerce may
use ``any reasonable method to establish the estimated all others rate
for exporters and producers not individually investigated, including
averaging the estimated weighted average dumping margins determined for
the exporters and producers individually investigated.'' In this
review, we preliminarily calculated a weighted-average dumping margin
of zero for both Hyundai Steel Company (Hyundai Steel) and for
POSCO.\9\ Thus, in accordance with section 735(c)(5)(B) of the Act, and
consistent with the U.S. Court of Appeals for the Federal
[[Page 38490]]
Circuit's decision in Albemarle,\10\ and Commerce's practice,\11\ we
are preliminarily assigning the zero percent rate to the companies not
selected for individual examination listed in Appendix II of this
notice, because we calculated zero percent rates for the mandatory
respondents.
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\9\ We initiated this review with respect to the following
companies: POSCO and POSCO International Corporation. See Initiation
Notice, 87 FR at 74407. Commerce previously treated POSCO and POSCO
International Corporation as a single entity. 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).
\10\ See Albemarle Corp v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
\11\ See, e.g., Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2019-2020, 87 FR 15371 (March 18, 2022).
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Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period October 1, 2021, through September
30, 2022:
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\12\ See Appendix II for a full list of companies not
individually examined 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
Companies Not Individually Examined \12\................ 0.00
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\13\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\14\ Interested 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.\15\ Executive summaries should be limited
to five pages total, including footnotes. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\16\
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\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ 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 submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. 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
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. If either of the respondents' weighted-average dumping
margins is not zero or de minimis (i.e., less than 0.50 percent) in the
final results of this review, we intend to calculate an importer-
specific assessment rate based on the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\17\ If either of the respondents' weighted-average
dumping margin or an importer-specific assessment rate is zero or de
minimis in the final results of review, we intend to instruct CBP to
liquidate entries without regard to antidumping duties.\18\ The final
results of this administrative review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\19\
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\17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\18\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\19\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
either of the respondents for which they did not know that the
merchandise was destined to 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.\20\ For
the companies identified in Appendix II that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rate established after the completion of the final results of
review.
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\20\ For a full discussion of this practice, 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of hot-rolled steel from Korea
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided by section 751(a)(2)(C) of the Act: (1)
the cash deposit rate for the respondents will be equal to the
weighted-average dumping 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 or the
original investigation but the producer is, 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.\21\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\21\ See Order, 81 FR at 67965.
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[[Page 38491]]
Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written comments, within 120 days of 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).
Notification to Importers
This notice serves as a preliminary 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 POR. 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.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: June 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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
Appendix II
List of Companies Not Selected for Individual Examination
1. AJU Besteel Co., Ltd.
2. Ameri Source Korea
3. Chemaven Co., Ltd.
4. Cj Cheiljedang Corp.
5. Cj Global Logistics Service Inc.
6. Dongkuk Industries Co., Ltd.
7. Dongkuk Steel Mill Co., Ltd.
8. Geco Industries Co., Ltd.
9. Geumok Tech. Co., Ltd.
10. Goi Tech Industries Co., Ltd.
11. Golden State Corporation
12. Gs Global Corp.
13. Gs Holdings Corp.
14. Hanawell Co., Ltd.
15. Hanjin Gls Co., Ltd.
16. Hankook Co., Ltd.
17. HISTEEL
18. Hyosung Corporation
19. Hyosung Tnc Corporation
20. Hyundai Glovis Co., Ltd.
21. Hyundai Rb Co., Ltd.
22. Il Jin Nts Co., Ltd.
23. Inchang Electronics Co., Ltd.
24. J&K Korea Co., Ltd.
25. Jeil Industries Co., Ltd.
26. Jeil Metal Co., Ltd.
27. Jin Young Metal
28. Jun Il Co., Ltd.
29. KG Dongbu Steel Co., Ltd.
30. KG Steel Corporation
31. Kumkang Kind Co., Ltd.
32. Lg Electronics Inc.
33. Maxflex Corp.
34. Mitsubishi Corp. Korea
35. Mitsui Chemicals & Skc Polyurethane
36. Nexteel Co., Ltd.
37. Samsung Electronics Co., Ltd.
38. SeAH Steel Corporation
39. Sja Inc. (Korea)
40. Solvay Silica Korea
41. Soon Ho Co., Ltd.
42. Sumitomo Corp. Korea Ltd.
43. Sungjin Precision
44. Wintec Korea Inc.
45. Wonbangtech Co., Ltd.
[FR Doc. 2023-12646 Filed 6-12-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 13, 2023.
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