Notice2024-06947
Stainless Steel Sheet and Strip in Coils From the Republic of Korea: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2022-2023
Primary source
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Published
April 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that stainless steel sheet and strip in coils (SSSSC) from the Republic of Korea (Korea) were sold in the United States at less than normal value (NV) during the period of review (POR) is July 1, 2022, through June 30, 2023. Additionally, Commerce is rescinding this administrative review, in part, with respect to certain companies that had no entries of subject merchandise during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 64 (Tuesday, April 2, 2024)</title>
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[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Notices]
[Pages 22672-22674]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06947]
[[Page 22672]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-834]
Stainless Steel Sheet and Strip in Coils From the Republic of
Korea: Preliminary Results and Rescission, in Part, of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that stainless steel sheet and strip in coils (SSSSC) from the Republic
of Korea (Korea) were sold in the United States at less than normal
value (NV) during the period of review (POR) is July 1, 2022, through
June 30, 2023. Additionally, Commerce is rescinding this administrative
review, in part, with respect to certain companies that had no entries
of subject merchandise during the POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable April 2, 2024.
FOR FURTHER INFORMATION CONTACT: Jerry Xiao, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2273.
SUPPLEMENTARY INFORMATION:
Background
On July 27, 1999, Commerce published in the Federal Register the
antidumping duty order on SSSSC from Korea.\1\ On July 3, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order for the POR.\2\ On
September 11, 2023, based on timely requests for review, in accordance
with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of
the Order \3\ covering 10 exporters and/or producers.\4\ Korinox Co.,
Ltd. (Korinox) is the sole company subject to the review with entries
during the POR.
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\1\ See Notice of Antidumping Duty Order; Stainless Steel Sheet
and Strip in Coils from United Kingdom, Taiwan, and South Korea, 64
FR 40555 (July 27, 1999) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 42693 (July 3,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation
Notice).
\4\ Id., 88 FR at 62326. Although Commerce received a request
for review of Inchon Iron & Steel Co., Ltd., Commerce did not
include this company in the Initiation Notice because, Hyundai Steel
Company is the successor-in-interest to INI Steel Company, formerly
Inchon Iron and Steel Co., Ltd. See Notice of Final Determination of
Sales at Less Than Fair Value: Stainless Steel Sheet and Strip in
Coils from the Republic of Korea, 64 FR 30664, 30688 (June 8, 1999);
see also Stainless Steel Sheet and Strip in Coils from the Republic
of Korea: Notice of Final Results of Changed Circumstances
Antidumping Duty Administrative Review, 67 FR 43583 (June 28, 2002);
and Notice of Final Results of Changed Circumstances Antidumping
Duty Administrative Review: Stainless Steel Sheet and Strip in Coils
from the Republic of Korea, 71 FR 3 7906 (July 3, 2006).
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Scope of the Order
The products subject to the Order are certain stainless steel sheet
and strip in coils from Korea. For a complete description of the scope
of the Order, see the Preliminary Decision Memorandum.\5\
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on Stainless Steel Sheet and Strip in Coils from the
Republic of Korea,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily
relied entirely upon facts otherwise available with adverse inferences
for Korinox.
For a complete description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
discussed in the Preliminary Decision Memorandum is attached in the
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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rescission of Review, In Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order when
there are no reviewable entries of subject merchandise during the POR
for which liquidation is suspended.\6\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
antidumping duty assessment rate calculated for the review period.\7\
Therefore, for an administrative review to be conducted, there must be
at least one reviewable, suspended entry that Commerce can instruct CBP
to liquidate at the antidumping duty assessment rate calculated for the
review period.\8\ There were no entries of subject merchandise during
the POR for the following companies subject to the review: DK
Corporation; Dongbu Steel Co., Ltd.; Dongkuk Steel Mill Co., Ltd.;
Hyundai Steel Company; KG Dongbusteel Co., Ltd.; Pohang Iron & Steel
Co., Ltd. (POSCO); POSCO International Corp.; Taihan Electric Wire Co.,
Ltd.; and Topco Global Ltd. As a result, on January 16, 2024, Commerce
notified all interested parties of its intent to rescind this review,
in part, with respect to these companies and received no comments.\9\
Accordingly, Commerce is rescinding this review, in part, with respect
to these nine companies. The administrative review remains active with
respect to the mandatory respondent, Korinox.
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\6\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to Length Plate from the Federal Republic of Germany: Recission of
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January
24, 2023).
\7\ See 19 CFR 351.212(b)(1).
\8\ See 19 CFR 351.213(d)(3).
\9\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated January 16, 2024.
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Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists for the period July 1, 2022,
through June 30, 2023:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Korinox Co., Ltd. (Korinox)............................... 58.79
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied
total adverse facts available to the sole company subject to this this
review, in accordance with
[[Page 22673]]
section 776 of the Act, there are no calculations to disclose.
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice.\10\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than five days after the date for
filing case briefs.\11\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\12\ As provided
under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have
encouraged interested parties to provide an executive summary of their
brief that should be limited to five pages total, including footnotes.
In this review, we instead request that interested parties provide at
the beginning of their briefs a public, executive summary for each
issue raised in their briefs. Further, we request that interested
parties limit their executive summary of each issue to no more than 450
words, not including citations. We intend to use the executive
summaries as the basis of the comment summaries included in the issues
and decision memorandum that will accompany the final determination in
this review. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\10\ See 19 CFR 351.303 (for general filing requirements).
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS within 30 days after the
date of publication of this notice. If a request for a hearing is made,
Commerce intends to hold a hearing at a time and date to be
determined.\14\ Parties should confirm the date, time, and location of
the hearing two days before the scheduled date. All submissions,
including case and rebuttal briefs, as well as hearing requests, should
be filed using ACCESS.\15\ An electronically-filed document must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time on the established deadline.
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\14\ See 19 CFR 351.310(d).
\15\ See 19 CFR 351.303.
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Assessment Rates
Upon completion of the final results, Commerce shall determine and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\16\
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\16\ See 19 CFR 351.212(b)(1).
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With respect to the companies for which we have rescinded this
review in part, Commerce intends to instruct CBP to assess antidumping
duties on all appropriate entries at rates equal to the cash deposit
rate of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the POR, in
accordance with 19 CFR 351.212(c)(1)(i).
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 Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of SSSSC from Korea entered, or
withdrawn from warehouse, for consumption on or after the date of
publication as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Korinox will be equal to the weighted-average
dumping margin established in the final results of this review; (2) for
merchandise exported by a company 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 published in
the completed segment for the most recent period; (3) if the exporter
is not a firm covered in this review or another completed segment of
this proceeding, but the producer is, then the cash deposit rate will
be the company-specific rate established for the completed segment for
the most recent period for the producer of the merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 19.60 percent, the all-others rate as revised due to a section 129
determination.\17\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\17\ See Notice of Implementation of Determination Under Section
129 of the Uruguay Round Agreements Act and Revocation of the
Antidumping Duty Order on Stainless Steel Plate in Coils from the
Republic of Korea; and Partial Revocation of the Antidumping Duty
Order on Stainless Steel Sheet and Strip in Coils from the Republic
of Korea, 76 FR 74771 (December 1, 2011).
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Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of the issues raised by interested parties in
written briefs, within 120 days after the date of publication of this
notice in the Federal Register, pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a preliminary 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 review period.
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 countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
[[Page 22674]]
Dated: March 27, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2024-06947 Filed 4-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 2, 2024.
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