Notice2023-16200
Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review, 2021
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
July 31, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain corrosion-resistant steel products (CORE) from the Republic of Korea (Korea). The period of review (POR) is January 1, 2021, through December 31, 2021. Additionally, Commerce intends to rescind the review with respect to four companies.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 145 (Monday, July 31, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49440-49442]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16200]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-879]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Preliminary Results and Partial Rescission of the Countervailing
Duty Administrative Review, 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain corrosion-resistant steel products
(CORE) from the Republic of Korea (Korea). The period of review (POR)
is January 1, 2021, through December 31, 2021. Additionally, Commerce
intends to rescind the review with respect to four companies.
DATES: Applicable July 31, 2023.
FOR FURTHER INFORMATION CONTACT: Janae Martin or Zachariah Hall, 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) 482-0238 or (202)
482-6261, respectively.
SUPPLEMENTARY INFORMATION:
Background
Between July 21 and August 1, 2022, we received multiple requests
for administrative review \1\ of the countervailing duty order on CORE
from Korea.\2\ On September 6, 2022, Commerce published a notice of
initiation of an administrative review of the Order. On October 20,
2022, Commerce selected KG Dongbu Steel Co., Ltd. (KG Dongbu) and
Hyundai Steel Company as mandatory respondents in this administrative
review. On March 16, 2023, Commerce extended the deadline for the
preliminary results of this review.\3\
---------------------------------------------------------------------------
\1\ See Hyundai Steel's Letter, ``Request for Administrative
Review,'' dated July 21, 2022; see also POSCO, POSCO International,
POSCO C&C, and POSCO Steeleon's Letter, ``Request for Administrative
Review,'' dated July 27, 2022; see also KG Dongbu Steel's Letter,
``Request for Administrative Review,'' dated July 27, 2022; see also
Petitioners' Letter, ``Request for Administrative Review,'' dated
July 29, 2022; see also SeAH CM's and SeAH's Letter, ``Request for
Administrative Review,'' dated August 1, 2022.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022) (Initiation
Notice); see also Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022); see also
Certain Corrosion-Resistant Steel Products from India, Italy
Republic of Korea and the People's Republic of China: Countervailing
Duty Order, 81 FR 48387 (July 25, 2016) (Order).
\3\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of the 2021 Countervailing Duty Administrative Review,''
dated March 16, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the Appendix I 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>.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the Countervailing Duty
Administrative Review; 2021: Certain Corrosion-Resistant Steel
Products from the Republic of Korea,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is certain corrosion-resistant
steel products. For a complete description of the scope of the Order,
see the Preliminary Decision Memorandum.
Preliminary Intent To Rescind Administrative Review, in Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
data, we preliminarily determine that four companies, SeAH Steel
Corporation, POSCO International, POSCO Steeleon, and Hyundai Steel
Co., Ltd. had no reviewable shipments, sales, or entries of subject
merchandise during the POR.
Absent any comments to the contrary from interested parties,
pursuant to 19 CFR 351.213(d)(3), we intend to rescind the
administrative review of these companies in the final results of
review. For further information, see ``Preliminary Intent to Rescind
Administrative Review, in Part'' in the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a financial contribution from
an authority that gives rise to a
[[Page 49441]]
benefit to the recipient, and that the subsidy is specific.\5\ For a
full description of the methodology underlying our conclusions, see the
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
Preliminary Rate for Non-Selected Companies Under Review
The statute and Commerce's regulations do not directly address the
countervailing duty rates to be applied to companies not selected for
individual examination where Commerce limited its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation. Section 777A(e)(2) of the Act
provides that ``the individual countervailable subsidy rates determined
under subparagraph (A) shall be used to determine the all-others rate
under section 705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of
the Act states that for companies not investigated, in general, we will
determine an all-others rate by weight-averaging the countervailable
subsidy rates established for each of the companies individually
investigated, excluding zero and de minimis rates or any rates based
solely on the facts available.
Because the rates for KG Dongbu Steel and Hyundai Steel are above
de minimis and not based entirely on facts available, we applied a
subsidy rate to the non-selected companies under review based on a
weighted average of the subsidy rates calculated for these mandatory
respondents using the publicly ranged sales data they submitted on the
record.
Preliminary Results of Review
As a result of this review, we preliminarily determine the net
countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
KG Dongbu Steel Co., Ltd.................................. 6.71
Hyundai Steel Company \6\................................. 0.59
POSCO..................................................... 1.43
POSCO Coated and Color Steel Co., Ltd..................... 1.43
SeAH Coated Metal......................................... 1.43
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\6\ We note that Hyundai Steel and Hyundai Steel Company were
treated as being minor variations of the same name at respondent
selection. See Memorandum, ``Respondent Selection,'' dated October
20, 2022, at Attachment.
---------------------------------------------------------------------------
We intend to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within seven days after the time limit for filing
case briefs.\7\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\8\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
review 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.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c) and (d).
\8\ 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, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date, time, and location of the
hearing two days before the scheduled date.
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, 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).
Assessment Rate
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon completion of the administrative review,
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP shall assess, countervailing duties
on all appropriate entries covered by this review.
For the companies for which this review is rescinded, we will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2021, through December 31,
2021, in accordance with 19 CFR 351.212(c)(l)(i). We intend to issue
assessment instructions to CBP for these companies no earlier than 35
days after the date of publication of the final results of this review
in the Federal Register.
For the companies remaining in the review, we will instruct CBP to
assess countervailing duties on all appropriate entries at the subsidy
rates calculated in the final results of this review. We intend 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
In accordance with section 751(a)(1) of the Act, Commerce intends,
upon publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
each of the respective companies listed above on shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this
administrative review. For all non-reviewed firms, we will instruct CBP
to continue to collect cash deposits at the most recent company-
specific or all others rate applicable to the company. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
[[Page 49442]]
Dated: July 25, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Preliminary Intent to Rescind Administrative Review, In Part
IV. Scope of the Order
V. Diversification of Korea's Economy
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023-16200 Filed 7-28-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on July 31, 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.