Notice2024-03741
Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final 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
February 23, 2024
Issuing agencies
Commerce Department
Abstract
The U.S. Department of Commerce (Commerce) finds that certain producers/exporters of cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea) subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), September 1, 2021, through August 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 37 (Friday, February 23, 2024)</title>
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[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13689-13690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03741]
[[Page 13689]]
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DEPARTMENT OF COMMERCE
[A-580-881]
Certain Cold-Rolled Steel Flat 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) finds that certain
producers/exporters of cold-rolled steel flat products (cold-rolled
steel) from the Republic of Korea (Korea) subject to this
administrative review made sales of subject merchandise at less than
normal value during the period of review (POR), September 1, 2021,
through August 31, 2022.
DATES: Applicable February 23, 2024.
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 October 5, 2023, Commerce published the Preliminary Results.\1\
On January 3, 2024, we extended the deadline for these final results to
no later than February 16, 2024.\2\ For a complete description of the
events that followed the Preliminary Results, see the Issues and
Decision Memorandum.\3\ Commerce conducted this administrative review
in accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022, 88 FR 69116 (October 5, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Final Results
of 2021-2022 Antidumping Duty Administrative Review,'' dated January
3, 2024.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Administrative Review of the
Antidumping Duty Order on Certain Cold-Rolled Steel Flat 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>4</SUP>
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\4\ 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).
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The product covered by the Order is cold-rolled steel from Korea.
For a complete description of the scope of the Order, see the Issues
and Decision Memorandum.
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum.\5\ A list of the issues which
parties raised, and to which we respond in the Issues and Decision
Memorandum, is attached 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 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>.
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\5\ Id.
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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, we made certain
changes to the margin calculations for Hyundai Steel Company (Hyundai)
and POSCO/POSCO International Corporation (collectively, POSCO).\6\
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\6\ For a full description of changes, see Issues and Decision
Memorandum.
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Rate for Respondents Not Selected for Individual Examination
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 weighted-average
dumping margin for respondents that were not individually examined in
an administrative review. Section 735(c)(5)(A) of the Act provides that
the all-others rate should be calculated by weight averaging the
weighted-average dumping margins determined for individually examined
respondents, excluding rates that are zero, de minimis, or based
entirely on facts available.
The final weighted-average dumping margins calculated for Hyundai
and POSCO are not zero, de minimis, or based entirely on facts
available. Therefore, consistent with section 735(c)(5)(A) of the Act,
we 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.\7\
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\7\ See Memorandum ``Calculation of the Review-Specific Average
Rate for the Final Results,'' dated concurrently with this notice.
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Final Results of Review
As a result of this review, we determine the following estimated
weighted-average dumping margins for the period 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....................................... 0.88
POSCO/POSCO International Corporation....................... 2.70
KG Dongbu Steel Co., Ltd.................................... 2.13
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Disclosure
Commerce intends to disclose to interested parties the calculations
performed for Hyundai and POSCO in connection with these final results
of review within five days of the date of publication of this notice,
in accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by the final results of this review. Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication date 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).
Because Hyundai and POSCO reported the entered value of their U.S.
sales, we calculated importer-specific ad valorem assessment rates
based on the ratio of the total amount of dumping calculated for each
importer's examined sales to the total entered value of such sales.\8\
Where an importer-specific ad valorem assessment rate is zero or de
minimis, or a respondent's weighted-average dumping margin is zero or
de minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\9\
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\8\ See 19 CFR 351.212(b)(1).
\9\ See 19 CFR 351.212(c)(2).
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[[Page 13690]]
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.\10\ 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.\11\
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\10\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
\11\ See Order, 81 FR at 64434.
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For Dongbu, the company that was not selected for individual
examination, we assigned 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.\12\
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\12\ See section 735(c)(5)(A) of the Act.
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Cash Deposit Instructions
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on, or after, the date of publication of
this notice in the Federal Register, as provided for 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 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 less-than-fair-value (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.\13\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\13\ See Order, 81 FR at 64434.
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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 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 duties occurred and the subsequent
assessment of double antidumping duties.
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
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
the terms of an APO is a sanctionable violation.
Notification of Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: February 16, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Discussion of the Issues
Comment 1: Comparing Hyundai's Home Market Sales of Non-Prime
Merchandise to U.S. Sales of Prime Merchandise
Comment 2: Whether Commerce Should Apply its Quarterly Cost
Methodology to Hyundai
Comment 3: Whether to Include Hyundai's Home Market and U.S.
Billing Adjustments in its Margin Calculation
Comment 4: Whether to Increase U.S. Price by the Amount of
Countervailing Duties Imposed to Offset Hyundai's Export Subsidy
Comment 5: Ministerial Errors in POSCO's Margin Calculation
V. Recommendation
[FR Doc. 2024-03741 Filed 2-22-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 23, 2024.
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