Notice2024-10315
Certain Hot-Rolled Steel Flat Products 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
May 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Hyundai Steel Company (Hyundai Steel) and POSCO, producers/exporters of certain hot-rolled steel flat products (hot-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 93 (Monday, May 13, 2024)</title>
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[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Notices]
[Pages 41380-41381]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10315]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-Rolled Steel Flat Products 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
Hyundai Steel Company (Hyundai Steel) and POSCO, producers/exporters of
certain hot-rolled steel flat products (hot-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 May 13, 2024.
FOR FURTHER INFORMATION CONTACT: Nathan James or Kelsie Hohenberger,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5305 or (202)
482-2517, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register and invited
interested parties to comment.\1\ On February 22, 2024, Commerce
extended the deadline for issuing the final results until May 3,
2024.\2\ For a complete description of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\3\
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\1\ See Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review, 2021, 88 FR 76178
(November 6, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated February 22,
2024.
\3\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review; 2021,'' 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 Hot-Rolled Steel Flat Products from Brazil and
the Republic of Korea: Amended Final Affirmative Countervailing Duty
Determinations and Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
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The merchandise covered by this Order is hot-rolled steel. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in interested parties' case briefs
in the Issues and Decision Memorandum. A list of the issues raised by
parties, to which Commerce responded in the Issues and Decision
Memorandum, is provided 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>.
Changes Since the Preliminary Results
Based on comments received from interested parties, we made certain
changes to Hyundai Steel's and POSCO's countervailable subsidy rate
calculations from the Preliminary Results. For a discussion of these
comments, see the Issues and Decision Memorandum.
[[Page 41381]]
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.\5\ For a full description of the methodologies underlying all
of Commerce's conclusions, see the Issues and Decision Memorandum.
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\5\ 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 \6\............................... 0.76
POSCO \7\............................................... 0.86
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Disclosure
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\6\ As discussed in the Preliminary Results PDM, Commerce has
found the following companies to be cross-owned with Hyundai Steel
Company: Hyundai ITC and Hyundai Green Power. Additionally, we note
that Hyundai Steel Company is also known as Hyundai Steel Co., Ltd.
\7\ 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. Also as discussed
in the Preliminary Results we note that POSCO has an affiliated
trading company through which it exported certain subject
merchandise, i.e., POSCO International Corporation (POSCO
International). POSCO International was not selected as a mandatory
respondent, but was examined in the context of POSCO. Therefore,
there is not an individually-established rate for POSCO
International; POSCO International's subsidies are accounted for in
terms of POSCO's total subsidy rate. Entries of subject merchandise
exported by POSCO International will receive the rate of the
producer listed on the entry form with U.S. Customs and Border
Protection (CBP). Thus, the subsidy rate applied to POSCO (and
POSCO's cross-owned affiliates) is also applied to POSCO
International for entries of subject merchandise produced by POSCO.
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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).
Assessment
Pursuant to 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
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: May 3, 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: Whether the Korea Emissions Trading System (K-ETS)
Program Is Countervailable
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 of POSCO's Quota Tariff Import Duty
Exemptions Under Article 71 of the Custom's Act Are Tied to Non-
Subject Merchandise
Comment 10: Whether Hyundai Steel Is Cross-Owned With Hyundai
Green Power (HGP)
Comment 11: Whether POSCO International Received Tax Credits
Under RSTA Article 25(1)(5)
VI. Recommendation
[FR Doc. 2024-10315 Filed 5-10-24; 8:45 am]
BILLING CODE 3510-DS-P
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