Notice2023-18706
Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
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
August 30, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
In response to a request for a changed circumstances review (CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR of the antidumping duty (AD) order on certain cut-to-length carbon- quality steel plate products (CTL plate) from the Republic of Korea (Korea). Additionally, Commerce preliminarily determines that the post- corporate reorganization Dongkuk Steel Mill Co., Ltd. (Dongkuk Steel) is the successor-in-interest to the pre-reorganization Dongkuk Steel. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
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[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59869-59871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18706]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate Products From
the Republic of Korea: Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a changed circumstances review
(CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR
of the antidumping duty (AD) order on certain cut-to-length carbon-
quality steel plate products (CTL plate) from the Republic of Korea
(Korea). Additionally, Commerce preliminarily determines that the post-
corporate reorganization Dongkuk Steel Mill Co., Ltd. (Dongkuk Steel)
is the successor-in-interest to the pre-reorganization Dongkuk Steel.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable August 30, 2023.
FOR FURTHER INFORMATION CONTACT: Christopher Williams, 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) 482-4243.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, Commerce published the AD order on CTL plate
from Korea in the Federal Register.\1\ On
[[Page 59870]]
July 14, 2023, the new Dongkuk Steel requested that Commerce conduct an
expedited CCR of the Order, in accordance with section 751(b) of the
Tariff Act of 1930, as amended (the Act), 19 CFR 351.216(d), and 19 CFR
351.221(c)(3)(ii), to determine that the new Dongkuk Steel is the
successor-in-interest to the former Dongkuk Steel and is entitled to
the cash deposit rate currently in effect for the former Dongkuk
Steel.\2\
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\1\ See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products from France, India,
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585
(February 10, 2000) (Order).
\2\ See Dongkuk Steel's Letter, ``Request for Changed
Circumstances Review and Successor-in-Interest Determination,''
dated July 14, 2023 (CCR Request).
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The new Dongkuk Steel explained that it requested a CCR because the
former Dongkuk Steel spun-off its two business units in a
reorganization in which new Dongkuk Steel, and a new operating entity,
Dongkuk Coated Metal Co., Ltd. (Dongkuk CM) now operate as subsidiaries
of Dongkuk Holdings Co., Ltd. (Dongkuk Holdings).\3\ Pursuant to the
reorganization, all assets, liabilities, rights, and obligations as
well as any intangible rights of proprietary nature (including, but not
limited to, licenses and permits, employment and contractual
relationships, and litigations) of former Dongkuk Steel, were
transferred to, and assumed by, post-spin-off Dongkuk Steel, Dongkuk
CM, and Dongkuk Holdings.\4\ In addition, after the spin-off and
reorganization, CTL plate operations conducted by the former Dongkuk
Steel continued to be performed by the company under the same legal
name.\5\ As a result, the new Dongkuk Steel explained that the spin-off
and reorganization did not affect the management or internal
organization structure, production, supplier relationships, or customer
base of the CTL plate business.\6\
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\3\ Id. at 2.
\4\ Id. at 3.
\5\ Id. at 7.
\6\ Id.
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We did not receive comments from other interested parties
concerning this request.
Scope of the Order
The merchandise covered by this Order is CTL plate. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.\7\
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\7\ See Memorandum, ``Decision Memorandum for Initiation and
Preliminary Results of Changed Circumstances Review: Certain Cut-to-
Length Carbon-Quality Steel Plate from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Initiation of CCR
Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216,
Commerce will conduct a CCR of an order upon receipt of information or
a review request from an interested party for a review of an AD order
which shows changed circumstances sufficient to warrant a review of the
order. In the past, Commerce has used CCRs to address the applicability
of cash deposit rates after there have been changes in the name or
structure of a respondent, such as a merger or spinoff (``successor-in-
interest'' or ``successorship'' determinations).\8\ The information
submitted by the new Dongkuk Steel supporting its claim to be the
successor-in-interest to the former Dongkuk Steel demonstrates changed
circumstances sufficient to warrant such a review.\9\ Therefore, in
accordance with section 751(b)(1)(A) of the Act and 19 CFR 351.216(d)
and (e), we are initiating a CCR based upon the information contained
in the new Dongkuk Steel's request for a CCR.
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\8\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 82 FR 51606 (November
7, 2017), unchanged in Diamond Sawblades and Parts Thereof from the
People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, 82 FR 60177 (December 19, 2017).
\9\ See 19 CFR 351.216(d).
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Preliminary Results of Review
Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary results if Commerce concludes that expedited action is
warranted.\10\ In this instance, because the record contains
information necessary to make a preliminary finding, we find that
expedited action is warranted and have combined the notice of
initiation and the notice of preliminary results.\11\
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\10\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta
from Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta from Italy Final Results).
\11\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at
48807.
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In this CCR, pursuant to section 751(b) of the Act, Commerce
conducted a successor-in-interest analysis. In making a successor-in-
interest determination, Commerce examines several factors, including,
but not limited to, changes in the following: (1) ownership and
management; (2) production facilities; (3) supplier relationships; and
(4) customer base.\12\ While no single factor or combination of factors
will necessarily provide a dispositive indication of a successor-in-
interest relationship, generally, Commerce will consider the new
company to be the successor to the previous company if the new
company's resulting operation is not materially dissimilar to that of
its predecessor.\13\ If Commerce determines the new company's operation
is not materially dissimilar to that of its predecessor, Commerce may
assign the new company the predecessor's cash deposit rate.\14\
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\12\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from Turkey: Notice of Initiation and Preliminary
Results of Changed Circumstances Review, 86 FR 70444 (December 10,
2021), unchanged in Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from Turkey: Final Results of Changed Circumstances
Review, 87 FR 3763 (January 25, 2022).
\13\ Id.
\14\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002);
Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010);
and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea;
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded
Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty
Changed Circumstances Review, 63 FR 20572 (April 27, 1998) (in which
Commerce found that a company which only changed its name and did
not change its operations is a successor-in-interest to the company
before it changed its name).
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In accordance with 19 CFR 351.216, we preliminarily determine that
the new Dongkuk Steel is the successor-in-interest to the former
Dongkuk Steel. Record evidence, as submitted by the new Dongkuk Steel,
indicates that the new Dongkuk Steel operates as essentially the same
business entity as the former Dongkuk Steel with respect to the subject
merchandise.\15\
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\15\ See CCR Request.
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For the complete successor-in-interest analysis, see the
Preliminary Decision Memorandum. A list of the topics discussed in the
Preliminary Decision Memorandum is included as an appendix 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>.
[[Page 59871]]
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days after the date of publication
of this notice.\16\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than seven days after the case
briefs, in accordance with 19 CFR 351.309(d). Parties who submit case
or rebuttal briefs 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.\17\
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\16\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\17\ See 19 CFR 351.309(c)(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 via ACCESS within 14
days of publication of this notice.\18\ 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. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing, in accordance with 19 CFR
351.310(d).
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\18\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
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All submissions are to be filed electronically using ACCES. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.\19\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\20\
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\19\ See 19 CFR 351.303(b).
\20\ 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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Final Results of Review
Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise produced or exported by new Dongkuk
Steel the AD cash deposit rate applicable to former Dongkuk Steel.
Consistent with 19 CFR 351.216(e), we will issue the final results
of this CCR no later than 270 days after the date on which this review
was initiated, or within 45 days if all parties agree to our
preliminary finding.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b), 351.221(b) and 351.221(c)(3).
Dated: August 23, 2023.
Abdelali Elouaradia,
Deputy 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. Initiation and Preliminary Results of Changed Circumstances
Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2023-18706 Filed 8-29-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 30, 2023.
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