Notice2023-15949
Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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Published
July 27, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain corrosion-resistant steel products (CORE) from the Republic of Korea (Korea) were not sold in the United States at less than normal value (NV) during the period of review (POR), July 1, 2021, through June 30, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 143 (Thursday, July 27, 2023)</title>
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[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48433-48435]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15949]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel Products 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
determines that certain corrosion-resistant steel products (CORE) from
the Republic of Korea (Korea) were not sold in the United States at
less than normal value (NV) during the period of review (POR), July 1,
2021, through June 30, 2022. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable July 27, 2023.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or William Horn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3640 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce published the antidumping duty order on
CORE from Korea.\1\ Commerce initiated this administrative review on
September 6, 2022.\2\ This review covers eight companies,\3\ of which
we selected Dongkuk and Hyundai as mandatory respondents.\4\
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\1\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016) (Order); and Certain Corrosion-Resistant Steel Products from
India, Italy, the People's Republic of China, the Republic of Korea,
and Taiwan: Notice of Correction to the Antidumping Duty Orders, 81
FR 58475 (August 25, 2016).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54468 (September 6, 2022).
\3\ The eight companies are: Dongkuk Steel Mill Co., Ltd.
(Dongkuk); Hyundai Steel Company (Hyundai); KG Dongbu Steel Co.,
Ltd.; POSCO; POSCO International Corporation; POSCO STEELEON CO.,
Ltd.; SeAH Coated Metal; and SeAH Steel Corporation.
\4\ See Memorandum, ``Respondent Selection,'' dated October 4,
2022.
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On March 22, 2023, we extended the deadline for the preliminary
results of this review until July 21, 2023.\5\ For a detailed
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\6\
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
March 22, 2023.
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Corrosion-Resistant Steel Products from the Republic of
Korea; 2021-2022,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is CORE from Korea. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this administrative 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. NV 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 an
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, a complete version of 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>.
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
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 an
antidumping duty 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
and de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
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 have calculated weighted-average dumping margins for both
Dongkuk and Hyundai, the mandatory respondents, that are zero. Thus,
using section 735(c)(5)(B) of the Act as guidance, we are assigning to
the companies not selected for individual examination, the zero percent
rate calculated for the mandatory respondents.
Preliminary Results
We preliminarily determine the following weighted-average dumping
margins for the period July 1, 2021, through June 30, 2022:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Dongkuk Steel Mill Co., Ltd............................. 0.00
Hyundai Steel Company................................... 0.00
KG Dongbu Steel Co., Ltd................................ 0.00
POSCO................................................... 0.00
POSCO International Corporation......................... 0.00
POSCO STEELEON Co., Ltd................................. 0.00
SeAH Coated Metal....................................... 0.00
[[Page 48434]]
SeAH Steel Corporation.................................. 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
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
Assistant Secretary for Enforcement and Compliance. Interested parties
may submit case briefs to Commerce no later than 30 days after the date
of publication of this notice.\7\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the date for filing case briefs.\8\ 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.\9\
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\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(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).''); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID 19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (collectively,
Temporary Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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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
Commerce's electronic records system, ACCESS, within 30 days after the
date of publication of this notice.\10\ Requests should contain: (1)
the party's name, address and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold a hearing at a time and date to be determined.\11\ Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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All submissions to Commerce must be filed using ACCESS \12\ and
must be served on interested parties.\13\ An electronically filed
document must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time on the
date that the document is due. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\14\
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\12\ See 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See Temporary Rule.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless this deadline is extended.\15\
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\15\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. For any individually
examined respondent whose weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.5 percent) in the final results of
this review and the respondent reported entered values, we will
calculate importer-specific ad valorem assessment rates for the
merchandise based on the ratio of the total amount of dumping
calculated for the examined sales made during the POR to each importer
and the total entered value of those same sales, in accordance with 19
CFR 351.212(b)(1). If the respondent has not reported entered values,
we will calculate a per-unit assessment rate for each importer by
dividing the total amount of dumping calculated for the examined sales
made to that importer by the total quantity associated with those
transactions. To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also will calculate an importer-specific ad valorem ratio based on
estimated entered values.
Where an importer-specific ad valorem assessment rate is zero or de
minimis in the final results of review, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties
in accordance with 19 CFR 351.106(c)(2). If a respondent's weighted-
average dumping margin is zero or de minimis in the final results of
review, we will instruct CBP not to assess duties on any of its entries
without regard to antidumping duties.\16\
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\16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by any of
the above-referenced respondents for which they did not know that the
merchandise was destined for the United States, we will instruct CBP to
liquidate those entries at the all-others rate in the original less-
than-fair-value (LTFV) investigation (as amended) \17\ if there is no
rate for the intermediate company(ies) involved in the transaction.\18\
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\17\ See Order; Certain Corrosion-Resistant Steel Products from
the Republic of Korea: Notice of Court Decision Not in Harmony with
Final Determination of Investigation and Notice of Amended Final
Results, 83 FR 39054 (August 8, 2018) (Timken and Amended Final
Results).
\18\ 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 deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise 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 each specific company listed above will be that
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
[[Page 48435]]
review, or the underlying investigation, but the producer is, then the
cash deposit rate will be the rate established for the most recent
segment for the producer of the merchandise; and (4) the cash deposit
rate for all other producers and exporters will continue to be 8.31
percent, the all-others rate established in the LTFV investigation (as
amended).\19\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\19\ See Order, as amended by Timken and Amended Final Results.
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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 and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or
increase in the amount of antidumping duties by the amount of the
countervailing 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: July 20, 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. 2023-15949 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 27, 2023.
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