Notice2023-22200
Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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
October 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea) were sold in the United States at less than normal value (NV) during the period of review (POR), September 1, 2021, through August 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 192 (Thursday, October 5, 2023)</title>
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69116-69118]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22200]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold-Rolled Steel Flat 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
[[Page 69117]]
determines that certain cold-rolled steel flat products (cold-rolled
steel) from the Republic of Korea (Korea) were sold in the United
States at less than normal value (NV) during the period of review
(POR), September 1, 2021, through August 31, 2022. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: Caroline Carroll, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4948.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2016, Commerce published in the Federal Register
the antidumping duty order on cold-rolled steel from Korea.\1\ On
September 1, 2022, Commerce published in the Federal Register a notice
of opportunity to request an administrative review of the Order for the
period September 1, 2021, through August 31, 2022.\2\ On November 3,
2022, based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the
Order.\3\ On January 20, 2023, Commerce selected Hyundai Steel Company
(Hyundai) and POSCO/POSCO International Corporation (collectively,
POSCO) as the mandatory respondents in this administrative review.\4\
On May 11, 2023, we extended the deadline for issuing the preliminary
results of this review to September 29, 2023, in accordance with
section of 751(a)(3) of the Tariff Act of 1930 (the Act), and 19 CFR
351.213(h)(2).\5\
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\1\ See Certain Cold-Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20,
2016) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 87 FR 53719 (September 1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022) (Initiation
Notice).
\4\ See Memorandum, ``Respondent Selection,'' dated January 20,
2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
May 11, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
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>. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an appendix to this
notice.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Certain Cold-Rolled Steel Flat Products from Korea,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is cold-rolled steel from
Korea. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of 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.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
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 a market economy less-than-fair-value (LTFV) investigation, for
guidance when determining the weighted-average dumping margin 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{time} .''
In this review, we preliminarily calculated weighted-average
dumping margins for Hyundai and POSCO that are not zero, de minimis
(i.e., less than 0.5 percent) or determined entirely based on facts
available. Accordingly, consistent with guidance in section
735(c)(5)(A) of the Act, Commerce preliminarily calculated a weighted-
average dumping margin for KG Dongbu Steel Co., Ltd. (Dongbu) using the
calculated rates of the mandatory respondents, Hyundai and POSCO, which
are not zero or de minimis, or determined entirely on the basis of
facts available.
Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period of September 1, 2021,
through August 31, 2022:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Hyundai Steel Company....................................... 1.30
POSCO/POSCO International Corporation....................... 2.64
KG Dongbu Steel Co., Ltd.................................... 2.22
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to interested parties within five days of the date
of publication of this notice.\7\ Interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice.\8\ Rebuttal briefs, limited to issues raised in case briefs,
may be filed no later than seven days after the date for filing case
briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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.
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
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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 within 30 days after the date
of publication of this notice. Hearing requests should contain the
party's name, address, and telephone number, and 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
[[Page 69118]]
is made, Commerce will inform parties of the time and date for the
hearing.\10\
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\10\ See 19 CFR 351.310(d).
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All briefs and hearing requests must be filed electronically using
ACCESS and received successfully in their entirety by 5:00 p.m. Eastern
Time on the due date. Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\11\
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\11\ See Temporary Rule.
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Unless the deadline is extended, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the
final results of this administrative review, including the results of
our analysis of the issues raised by the parties in any written briefs,
no later than 120 days after the date of publication of these
preliminary results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by this review.\12\ If the
weighted-average dumping margin for an individually examined respondent
is not zero or de minimis (i.e., less than 0.50 percent) in the final
results of this review, we will calculate importer-specific ad valorem
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of such sales in accordance with 19 CFR
351.212(b)(1).\13\ For any individually examined respondent whose
weighted-average dumping margin is zero or de minimis in the final
results of review, or if an importer-specific assessment rate is zero
or de minimis, Commerce will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\14\
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\12\ See 19 CFR 351.212(b)(1).
\13\ 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).
\14\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Hyundai or POSCO for
which the reviewed companies did not know that the merchandise they
sold to the intermediary (i.e., a reseller, trading company, or
exporter) was destined for the United States.\15\ In such instances, 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.\16\
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\15\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\16\ See Order.
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For Dongbu, the company that was not selected for individual
examination, we intend to assign an assessment rate based on the
weighted average of the cash deposit rates calculated for Hyundai and
POSCO, excluding any which are zero, de minimis, or determined entirely
on the basis of facts available.\17\
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\17\ See section 735(c)(5)(A) of the Act.
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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 cash
deposits of estimated antidumping duties, where applicable.\18\
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).
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\18\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication in the Federal Register 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 the companies listed above will be equal
to the weighted-average dumping margin established in the final results
of this administrative 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 or reviewed companies not covered in this
review, the cash deposit rate will continue to be the company-specific
cash deposit 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 review, a prior review, or the LTFV
investigation, but the manufacturer is, then the cash deposit rate will
be the rate established for the most recent segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 20.33 percent, the
all-others rate established in the LTFV investigation.\19\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ See Order.
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Notification to Importers
This notice also 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 review period.
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.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: September 29, 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. 2023-22200 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 5, 2023.
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