Notice2023-24475
Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review, 2021
Primary source
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Published
November 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/exporters of certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR) January 1, 2021, through December 31, 2021. Additionally, Commerce is rescinding this review with respect to 13 companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 213 (Monday, November 6, 2023)</title>
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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76178-76180]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24475]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results and Partial Rescission of 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 certain producers/exporters of certain hot-rolled steel
flat products (hot-rolled steel) from the Republic of Korea (Korea)
received countervailable subsidies during the period of review (POR)
January 1, 2021, through December 31, 2021. Additionally, Commerce is
rescinding this review with respect to 13 companies. We invite
interested parties to comment on these preliminary results.
DATES: Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT: Nathan James or Kelsie Hohenberger,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5305 or (202)
482-2517, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 5, 2022, Commerce published a notice of initiation of
an administrative review of the countervailing duty order on hot-rolled
steel from Korea.\1\ On January 4, 2023, Commerce selected Hyundai
Steel Company (Hyundai Steel) and POSCO as mandatory respondents in
this administrative review.\2\ On June 15, 2023, Commerce extended the
deadline for the preliminary results of this review to no later than
October 31, 2023.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 74404 (December 5, 2022); see also
Certain Hot-Rolled Steel Flat Products from Brazil and the Republic
of Korea: Amended Final Affirmative Countervailing Duty
Determinations and Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
\2\ See Memorandum, ``Respondent Selection,'' dated January 4,
2023.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated June
15, 2023.
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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 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>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Certain
Hot-Rolled Steel Flat Products from the Republic of Korea; 2021,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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[[Page 76179]]
Scope of the Order
The merchandise covered by the Order is hot-rolled steel from
Korea. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, In Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from the petitioners with respect to 13
companies.\5\ Because the withdrawal request was timely filed, and no
other party requested a review of these companies, in accordance with
19 CFR 351.213(d)(1), Commerce is rescinding this review with respect
to the following companies: (1) DCE Inc; (2) Dong Chuel America Inc.;
(3) Dong Chuel Industrial Co., Ltd.; (4) Dongbu Incheon Steel Co.,
Ltd.; (5) Dongbu Steel Co., Ltd.; (6) Dongkuk Industries Co., Ltd.; (7)
Dongkuk Steel Mill Co., Ltd.; (8) Hyewon Sni Corporation (H.S.I.); (9)
JFE Shoji Trade Korea Ltd.; (10) POSCO Coated & Color Steel Co., Ltd.;
(11) POSCO Daewoo Corporation; (12) Soon Hong Trading Co., Ltd.; and
(13) Sung-A Steel Co., Ltd.\6\
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\5\ The petitioners are: Cleveland-Cliffs Inc.; Nucor
Corporation; SSAB Enterprises, LLC; Steel Dynamics; Inc.; and United
States Steel Corporation.
\6\ See Petitioners' Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated March 6, 2023.
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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 benefit to the recipient, and that
the subsidy is specific.\7\ For a full description of the methodology
underlying our conclusions, see the accompanying Preliminary Decision
Memorandum.
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\7\ 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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Preliminary Results of Review
As a result of this review, we preliminarily determine the net
countervailable subsidy rates exist for the period, January 1, 2021,
through December 31, 2021:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Hyundai Steel Company \8\............................... 0.78
POSCO \9\............................................... 0.88
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Disclosure and Public Comment
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).
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\8\ Hyundai Steel Company is also known as ``Hyundai Steel Co.,
Ltd.'' As discussed in the Preliminary Decision Memorandum, Commerce
has found the following companies to be cross-owned with Hyundai
Steel: Hyundai Green Power Co. Ltd.; and Hyundai ITC.
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
POSCO: Pohang Scrap Recycling Distribution Center Co. Ltd.; POSCO
Chemical; POSCO M-Tech; POSCO Nippon Steel RHF Joint Venture Co.,
Ltd.; POSCO Steel Processing and Service; and POSCO Terminal. The
POSCO subsidy rate applies to all cross-owned companies. We note
that POSCO has an affiliated trading company through which it
exported certain subject merchandise, i.e., POSCO International
Corporation (POSCO International). POSCO International was not
selected as a mandatory respondent, but was examined in the context
of POSCO. Therefore, there is not an individually-established rate
for POSCO International; POSCO International's subsidies are
accounted for in terms of POSCO's total subsidy rate. Entries of
subject merchandise exported by POSCO International will receive the
rate of the producer listed on the entry form with U.S. Customs and
Border Protection (CBP). Thus, the subsidy rate applied to POSCO
(and POSCO's cross-owned affiliates) is also applied to POSCO
International for entries of subject merchandise produced by POSCO.
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Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary results in the
Federal Register. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the date for
case briefs.\10\ 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. All briefs
must be filed electronically using Enforcement and Compliance's ACCESS
system. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\11\
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\11\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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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 using ACCESS within 30 days after the date
of publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) 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 and time of the
hearing two days before the scheduled date.
Final Results of Review
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)(1).
Assessment Rates
Pursuant to section 751(a)(1) 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 of
subject merchandise in accordance with the final results of this
review. 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).
For the companies for which we are rescinding this administrative
review, Commerce 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).
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 companies listed above on shipments of
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subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this administrative review, except, where the rate calculated in the
final results is zero or de minimis, no cash deposit will be required.
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 351.213(d)(4)
and 19 CFR 351.221(b)(4).
Dated: October 31, 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. Period of Review
IV. Partial Rescission of Administrative Review
V. Scope of the Order
VI. Diversification of Korea's Economy
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023-24475 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 6, 2023.
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