Notice2023-27354
Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2021
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
December 13, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to POSCO, a producer and exporter of certain carbon and alloy steel cut-to-length plate (CTL plate) from the Republic of Korea (Korea), during the period of review (POR) from January 1, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 238 (Wednesday, December 13, 2023)</title>
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[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Pages 86318-86320]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27354]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-888]
Certain Carbon and Alloy Steel Cut-to-Length Plate From the
Republic of Korea: Final Results 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 were provided to POSCO, a producer and
exporter of certain carbon and alloy steel cut-to-length plate (CTL
plate) from the Republic of Korea (Korea), during the period of review
(POR) from January 1, 2021, through December 31, 2021.
DATES: Applicable December 13, 2023.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
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Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1537.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2023, Commerce published the Preliminary Results of this
administrative review in the Federal Register.\1\ On August 9, 2023,
Commerce released a post-preliminary analysis memorandum regarding the
provision of electricity for less than adequate remuneration and
electricity for more than adequate remuneration programs.\2\ Between
August 29 and September 1, 2023, Commerce conducted on-site
verification of the questionnaire responses submitted by the Government
of Korea.\3\
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\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Republic of Korea: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2021, 88 FR 37019 (June
6, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Post-Preliminary Analysis,'' dated August
9, 2023.
\3\ See Memorandum, ``Verification of the Questionnaire
Responses of the Government of Korea for the Provision of
Electricity for Less than Adequate Remuneration Program,'' dated
September 28, 2023.
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On September 6, 2023, Commerce extended the deadline for the final
results of this review to no later than December 1, 2023.\4\ For a
complete description of the events that followed the Preliminary
Results, see the Issues and Decision Memorandum.\5\
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\4\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated September 6,
2023.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review:
Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic
of Korea; 2021,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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We conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>6</SUP>
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\6\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May
25, 2017) (Order).
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The merchandise covered by the Order is CTL plate. For a complete
description of the scope of the Order, see 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 the issues addressed is
attached to this notice at 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 our analysis of the case and rebuttal briefs and the
evidence on the record, we made certain changes to POSCO's
countervailable subsidy calculations from the Preliminary Results.
These changes are explained in the Issues and Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of 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.\7\ The Issues and Decision
Memorandum contains a full description of the methodology underlying
Commerce's conclusions.
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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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Verification
As provided in section 782(i)(3) of the Act and 19 CFR
351.307(b)(iv), in August 2023, Commerce conducted an on-site
verification of the subsidy information reported by the Government of
Korea. We used standard on-site verification procedures, including an
examination of relevant accounting records and original source
documents provided by the respondent.
Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we calculated an
individual net countervailable subsidy rate for POSCO. Commerce
determines that, during the POR, the net countervailable subsidy rate
for the producers/exporter under review is as follows:
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\8\ As discussed in the Preliminary Results, Commerce found the
following companies to be cross-owned with POSCO: Pohang Scrap
Recycling Distribution Center Co. Ltd.; POSCO Chemical Co., Ltd.;
POSCO M-Tech Co., Ltd.; POSCO Nippon Steel RHF Joint Venture Co.,
Ltd.; POSCO SPS Co., Ltd.; and POSCO Terminal Co., Ltd. The subsidy
rate applies to all cross-owned companies. We note that POSCO has an
affiliated trading company through which it exported certain subject
merchandise during the POR, POSO International (aka POSCO
International Corporation). POSCO International was not selected as
a mandatory respondent but was examined in the context of POSCO.
Therefore, there is not an established countervailing duty rate for
POSCO International; POSCO International's subsidies are accounted
for in POSCO's total subsidy rate. Instead, entries of subject
merchandise exported by POSCO International will receive the rate of
the producer listed on the U.S. Customs and Border Protection (CBP)
entry form. Thus, the subsidy rate applied to POSCO and POSCO's
cross-owned companies is also applied to POSCO International for
entries of subject merchandise produced by POSCO.
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Subsidy rate
Producer/exporter (percent ad
valorem)
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POSCO \8\.............................................. 0.87
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Disclosure
We intend to disclose the calculations performed in connection with
the final results of review to parties in this proceeding within five
days of the date of publication of this notice in the Federal Register
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review, for the above-listed company at the
applicable ad valorem assessment rate. We intend 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 Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amount shown for the company listed above based on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review.\9\ For all non-reviewed firms
subject to the Order, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent
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company-specific rate or the all-others rate (3.72 percent), as
appropriate.\10\ These cash deposit requirements, effective upon
publication of these final results, shall remain in effect until
further notice.
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\9\ See, e.g., Honey from Argentina: Results of Countervailing
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and
accompanying Issues and Decision Memorandum at Issue 4.
\10\ See Order, 82 FR at 24103.
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Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act, and 19 CFR 351.221(b)(5).
Dated: December 1, 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. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
Comment 1: Whether Electricity is Subsidized by the Government
of Korea (GOK)
Comment 2: Whether the Provision of Korea Emissions Trading
System (K-ETS) Permits is Countervailable
Comment 3: Whether the Benchmark Calculations for Electricity
for More than Adequate Remuneration (MTAR) Should Differentiate for
Time-of-Use
Comment 4: Whether Certain of POSCO SPS Co. Ltd.'s (POSCO SPS)
Industrial Technology Innovation Promotion Act (ITIPA) Grants are
Tied to Non-Subject Merchandise
Comment 5: Whether Certain of POSCO Chemical Co., Ltd.'s (POSCO
Chemical) Local Tax Exemptions under the Restriction of Special
Local Taxation Act (RSLTA) Article 78 are Tied to Non-Subject
Merchandise
Comment 6: Whether Certain Quota Tariff Import Duty Exemptions
under Article 71 of the Customs Act are Tied to Non-Subject
Merchandise
VII. Recommendation
[FR Doc. 2023-27354 Filed 12-12-23; 8:45 am]
BILLING CODE 3510-DS-P
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