Notice2024-04294
Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2021
Primary source
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Published
March 1, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Hyundai Steel Co., Ltd. (Hyundai Steel) and POSCO/POSCO International Corporation (collectively POSCO), producers/exporters of certain cold- rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea), received countervailable subsidies during the period of review (POR) January 1, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 89 Issue 42 (Friday, March 1, 2024)</title>
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[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Notices]
[Pages 15124-15125]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04294]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-882]
Certain Cold-Rolled Steel Flat Products From the Republic of
Korea: Final Results and Partial Rescission 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
Hyundai Steel Co., Ltd. (Hyundai Steel) and POSCO/POSCO International
Corporation (collectively POSCO), producers/exporters of certain cold-
rolled steel flat products (cold-rolled steel) from the Republic of
Korea (Korea), received countervailable subsidies during the period of
review (POR) January 1, 2021, through December 31, 2021.
DATES: Applicable March 1, 2024.
FOR FURTHER INFORMATION CONTACT: Sam Evans or Benito Ballesteros, 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) 482-2420 and (202)
705-7455, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 5, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register and invited
interested parties to comment.\1\ On January 12, 2024, Commerce
extended the deadline for issuing the final results until February 23,
2024.\2\
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\1\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review, Partial Rescission, and Preliminary Intent to
Rescind, in Part: 2021, 88 FR 69136 (October 5, 2023) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
2021 Countervailing Duty Administrative Review,'' dated January 12,
2024.
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For a complete description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\3\
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\3\ See Memorandum, ``Decision Memorandum for the Final Results
and Partial Rescission of the Countervailing Duty Administrative
Review; 2021: 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, and the Republic of Korea: Amended Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order (the
Republic of Korea) and Countervailing Duty Orders (Brazil and
India), 81 FR 64436 (September 20, 2016) (Order).
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The merchandise covered by this Order is cold-rolled steel.\5\
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\5\ For a complete description of the scope of the Order, see
Preliminary Results PDM.
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Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum. A list of the issues addressed
is attached as an 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>.
Rescission of Administrative Review, In Part
As noted in the Preliminary Results,\6\ based on our analysis of
U.S. Customs and Border Protection (CBP) data, we determine that two
companies, Hyundai Group and POSCO C&C Co., Ltd. had no reviewable
shipments, sales, or entries of subject merchandise during the POR. We
received no comments or additional information from any interested
parties regarding these two companies. Therefore, absent evidence of
shipments on the record, we are rescinding the administrative review of
these companies, pursuant to 19 CFR 351.213(d)(3).
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\6\ Id., 88 FR at 88137.
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Changes Since the Preliminary Results
Based comments received from interested parties, we made certain
changes to Hyundai Steel's and POSCO's countervailable subsidy rate
calculations from the Preliminary Results.\7\
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\7\ For a full description of these revisions, see the Issues
and Decision Memorandum.
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Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (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.\8\ For a full description of the methodologies underlying all
of Commerce's conclusions, see the Issues and Decision Memorandum.
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\8\ 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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Final Results of Administrative Review
We determine that, for the period January 1, 2021, through December
31, 2021, the following total net countervailable subsidy rates exist:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Hyundai Steel Company \9\............................... 0.76
POSCO/POSCO International Corporation \10\.............. 0.86
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
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\9\ As discussed in the Preliminary Results PDM, Commerce has
found the following company to be cross-owned with Hyundai Steel
Company: Hyundai ITC and Hyundai Green Power Co. Ltd. Hyundai Steel
Company is also known as Hyundai Steel Co., Ltd.
\10\ As discussed in the Preliminary Results PDM, 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
Terminal, and POSCO Steel Processing and Service. In the Preliminary
Results, POSCO Steel Processing and Service was omitted from the
list of companies that are cross-owned with POSCO.
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and 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 companies at the applicable ad valorem assessment rates listed.
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).
Cash Deposit Rates
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 amounts shown for the companies listed above on shipments
of the subject merchandise entered, or withdrawn from warehouse for
consumption on or after the date of publication of the final results of
this administrative review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the all-others rate or most recent company-
specific rate applicable to the company, as appropriate. These cash
deposits, when imposed, shall remain in effect until further notice.
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). Timely
written notification of the return/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
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: February 23, 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 I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Subsidies Valuation
IV. Analysis of Programs
V. Discussion of the Issues
Comment 1: The Countervailability of the Korea Emissions Trading
System (K-ETS) Program
Comment 2: Whether to Modify the K-ETS Benchmark and Benefit
Calculations
Comment 3: Whether the Government of Korea's (GOK's) Provision
of Electricity was Consistent with Market Principles During the POR
Comment 4: Whether the Electricity for Less-Than-Adequate-
Remuneration (LTAR) Program is Specific
Comment 5: Whether to Modify the Benefit Calculation for the
Electricity for LTAR Program
Comment 6: Whether the Benchmark Calculations for Electricity
for More Than Adequate Remuneration (MTAR) Should Differentiate for
Time-of-Use
Comment 7: Whether Certain Industrial Technology Innovation
Promotion Act (ITIPA) Grants Received by POSCO SPS and POSCO
Chemical are Tied to Non-Subject Merchandise
Comment 8: Whether Certain of POSCO Chemical's Local Tax
Exemptions under the Restriction of Special Location Taxation Act
(RSLTA) Article 78 are Tied to Non-Subject Merchandise
Comment 9: Whether Certain Quota Tariff Import Duty Exemptions
under Article 71 of the Customs Act are Tied to Non-Subject
Merchandise for POSCO
Comment 10: Whether Hyundai Steel is Cross-Owned With Hyundai
Green Power (HGP)
VI. Recommendation
[FR Doc. 2024-04294 Filed 2-29-24; 8:45 am]
BILLING CODE 3510-DS-P
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