Notice2023-27246
Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022
Primary source
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Published
December 12, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Dongkuk Coated Metal Co., Ltd. (Dongkuk) and certain companies not selected for individual examination made sales of subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) July 1, 2021, through June 30, 2022. In addition, Commerce determines that Hyundai Steel Company (Hyundai) did not make sales of subject merchandise in the United States at prices below NV during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 237 (Tuesday, December 12, 2023)</title>
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[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86113-86115]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27246]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Final 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) determines that
Dongkuk Coated Metal Co., Ltd. (Dongkuk) and certain companies not
selected for individual examination made sales of subject merchandise
in the United States at prices below normal value (NV) during the
period of review (POR) July 1, 2021, through June 30, 2022. In
addition, Commerce determines that Hyundai Steel Company (Hyundai) did
not make sales of subject merchandise in the United States at prices
below NV during the POR.
DATES: Applicable December 12, 2023.
[[Page 86114]]
FOR FURTHER INFORMATION CONTACT: Jaron Moore or William Horn, 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) 482-3640 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 27, 2023, Commerce published the Preliminary Results of the
2021-2022 administrative review of the antidumping duty order on
certain corrosion-resistant steel products (CORE) from the Republic of
Korea (Korea) and invited interested parties to comment.\1\ The
administrative review covers eight exporters and/or producers of the
subject merchandise,\2\ of which we selected Dongkuk and Hyundai as
mandatory respondents.\3\ For a summary of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\4\ Commerce conducted this review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review, 2021-2022, 88 FR 48433 (July 27, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54468 (September 6, 2022) (Initiation
Notice).
\3\ See Preliminary Results, 88 FR at 48433.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Antidumping Duty Administrative
Review: Certain Corrosion-Resistant Steel Products 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>5</SUP>
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\5\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016) (Order).
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The merchandise covered by this Order is CORE from Korea. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is in the 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>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margin calculations
for Dongkuk,\6\ as well as the preliminary weighted-average dumping
margin assigned to the companies not selected for individual
examination.
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\6\ See Issues and Decision Memorandum at Comments 1 and 2.
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Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for 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 an
investigation, for guidance when calculating the rate for companies
which we did not individually examine in an administrative review.
Section 735(c)(5)(A) of the Act establishes a preference to avoid using
rates which are zero, de minimis, or based entirely on facts available
(FA) in calculating an all-others rate. Accordingly, Commerce's
practice in administrative reviews has been to average the weighted-
average dumping margins for the companies selected for individual
examination in the administrative review, excluding rates that are
zero, de minimis, or based entirely on FA.\7\ For these final results
of review, we calculated a zero weighted-average dumping margin for
Hyundai and a weighted-average dumping margin for Dongkuk that is not
zero, de minimis, or based entirely on FA. Therefore, consistent with
our practice, we have assigned the companies not selected for
individual examination the weighted-average dumping margin calculated
for Dongkuk.
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\7\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying
Issues and Decision Memorandum at Comment 16.
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Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period July 1, 2021, through June 30, 2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Dongkuk Coated Metal Co., Ltd \8\........................... 0.53
Hyundai Steel Company....................................... 0.00
KG Dongbu Steel Co., Ltd.................................... 0.53
POSCO....................................................... 0.53
POSCO International Corporation............................. 0.53
POSCO STEELEON Co., Ltd..................................... 0.53
SeAH Coated Metal........................................... 0.53
SeAH Steel Corporation...................................... 0.53
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Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with the final results within five days of the
date of publication of the notice of final results in the Federal
Register, in accordance with 19 CFR 351.224(b).
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\8\ Commerce initiated this review on Dongkuk Steel Mill Co.,
Ltd. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54468 (September 6, 2022); however,
Commerce recently concluded a changed circumstances review for
Dongkuk Steel Mill Co., Ltd. finding that Dongkuk Coated Metal Co.,
Ltd. is its successor-in-interest moving forward. See Certain
Corrosion-Resistant Steel Products from the Republic of Korea: Final
Results of Antidumping Duty Changed Circumstances Review 88 FR
78723, dated November 16, 2023.
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Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
Pursuant to 19 CFR 351.212(b)(1), because Dongkuk's final margin is not
zero or de minimis (i.e., less than 0.5 percent) and Dongkuk reported
the entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
those sales. Where an importer-specific assessment rate is de minimis,
the entries by that importer will be liquidated without regard to
antidumping duties. Because the final weighted-average dumping margin
for Hyundai Steel Company is zero percent, we intend to instruct CBP to
liquidate
[[Page 86115]]
the appropriate entries without regard to antidumping duties.\9\
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\9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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Consistent with Commerce's clarification of its assessment
practice, for entries of subject merchandise during the POR produced by
the above-referenced mandatory respondents for which they did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate those entries at the all-others rate in the
original less-than-fair-value (LTFV) investigation (as amended) \10\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\11\
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\10\ See Order; see also Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Notice of Court Decision Not in
Harmony with Final Determination of Investigation and Notice of
Amended Final Results, 83 FR 39054 (August 8, 2018) (Timken and
Amended Final Results).
\11\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the non-individually examined companies, we will instruct CBP
to liquidate all applicable entries of subject merchandise during the
POR at the rate listed in the table above.
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).
The final results of this 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 deposits of estimated
duties, where applicable.\12\
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\12\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of CORE from Korea entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results as
provided by section 751(a)(2) of the Act: (1) the cash deposit rate for
each specific company listed above will be equal to the weighted-
average dumping margin established in the final results of the review;
(2) for merchandise exported by producers or exporters not covered in
this review but covered in a prior completed segment of the proceeding,
the cash deposit rate will continue to be the company-specific rate
established in the completed segment for the most recent period; (3) if
the exporter is not a firm covered in this review or the original LTFV
investigation, but the producer is, then the cash deposit rate will be
the rate established in the completed segment for the most recent
period for the producer of the merchandise; (4) the cash deposit rate
for all other producers or exporters will continue to be 8.31 percent,
the all-others rate established in the LTFV investigation (as amended)
in this proceeding.\13\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\13\ See Order, as amended by Timken and Amended Final Results.
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Notification to Importers
This notice serves as a final 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 POR. 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, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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
the proceeding. Timely written notification of the return or
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.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 6, 2023.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Correct Dongkuk's General and
Administrative and Interest Expense Calculations
Comment 2: Whether Commerce Correctly Matched Dongkuk's Home
Market and U.S. Sales by Manufacturer
VI. Recommendation
[FR Doc. 2023-27246 Filed 12-11-23; 8:45 am]
BILLING CODE 3510-DS-P
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