Notice2023-19206
Certain Cut-To-Length Carbon-Quality Steel Plate From the Republic of Korea: Final Results and Rescission, in Part, of Countervailing Duty Administrative Review; 2021
Primary source
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Published
September 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to certain producers and exporters of certain cut-to-length carbon-quality steel plate from the Republic of Korea (Korea). The period of review (POR) is January 1, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 172 (Thursday, September 7, 2023)</title>
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[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61509-61511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19206]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Certain Cut-To-Length Carbon-Quality Steel Plate From the
Republic of Korea: Final Results and Rescission, in Part, of
Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to certain producers and
exporters of certain cut-to-length carbon-quality steel plate from the
Republic of Korea (Korea). The period of review (POR) is January 1,
2021, through December 31, 2021.
DATES: Applicable September 7, 2023.
FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1671.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on March
3, 2023.\1\ On June 7, 2023, Commerce extended the final results of
review to August 30, 2023.\2\ For a complete description of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\3\
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\1\ See Certain Cut-to-Length Carbon-Quality Steel Plate from
the Republic of Korea: Preliminary Results and Preliminary Intent To
Rescind, in Part, the Countervailing Duty Administrative Review;
2021, 88 FR 13433 (March 3, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated June 7, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review;
2021: Certain Cut-To-Length Carbon-Quality Steel Plate from the
Republic of Korea,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ See Notice of Amended Final Determination: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-to-
Length Carbon-Quality Steel Plate from France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000)
(Order).
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The product covered by this Order is certain cut-to-length carbon-
quality steel plate. For a complete description of the
[[Page 61510]]
scope of this Order, see the Issues and Decision Memorandum.
Rescission of Administrative Review, In Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
data and comments received from interested parties, we determine that
two companies, BDP International and Sung Jin Steel Co., Ltd had no
reviewable shipments, sales, or entries of subject merchandise during
the POR. Absent evidence of shipments on the record, we are rescinding
the administrative review of these companies, pursuant to 19 CFR
351.213(d)(3). For further information, see ``Rescission of
Administrative Review, in Part'' in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of topics discussed in the
Issues and Decision Memorandum is included as an appendix to this
notice. The Issues and 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 Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\5\ For a description of the methodology underlying all of
Commerce's conclusions, see the Issues and Decision Memorandum.
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\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.
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made one
modification to our calculations for these final results of review.
Company Not Selected for Individual Review
To determine the rate for companies not selected for individual
examination, Commerce's practice, in accordance with section
705(c)(5)(A) of the Act, is to weight average the net countervailable
subsidy rates for the selected mandatory companies, excluding rates
that are zero, de minimis, or based entirely on facts available.\6\ In
this review, because we determined that the sole mandatory respondent,
Hyundai Steel Co., Ltd. (Hyundai Steel), received countervailable
subsidies that are above de minimis and are not entirely based on facts
available, we have applied Hyundai Steel's net subsidy rate to the non-
selected company, Dongkuk Steel Mill Co. Ltd.
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\6\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
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Final Results of Administrative Review
We determine that, for the period January 1, 2021, through December
31, 2021, the following net countervailable subsidy rates exist:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Hyundai Steel Co., Ltd.................................. 1.08
Dongkuk Steel Mill Co., Ltd............................. 1.08
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, 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). 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 Rates
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies subject to
this review. For all non-reviewed companies, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposits, when imposed, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation subject to sanction.
Notice to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4)
and 19 CFR 351.221(b)(5).
Dated: August 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Rescission of Administrative Review, In Part
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Discussion of Comments
Comment 1: Whether To Accept Korea Electric Power Company's
(KEPCO) Cost Data
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Comment 2: Whether KEPCO's Electricity Rates are in Accordance
With Market Principles
Comment 3: Whether the Electricity for Less-Than-Adequate-
Remuneration (LTAR) Program Is Specific
Comment 4: Whether To Adjust the Calculation of Electricity for
LTAR
Comment 5: Whether the Korea Emissions Trading System (K-ETS)
Program Is Countervailable
Comment 6: Whether To Include Swap in the Benchmark Price for
the K-ETS Program
Comment 7: Whether Hyundai Steel and Hyundai Green Power (HGP)
are Cross-Owned
Comment 8: Whether To Initiate on the Alleged Loans to HGP
Program
Comment 9: Selection of a Final Rate for Dongkuk Steel Mill Co.,
Ltd.
X. Recommendation
[FR Doc. 2023-19206 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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