Notice2024-11991
Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
Primary source
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Published
May 31, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to certain producers and exporters of certain carbon and alloy steel cut-to-length plate (CTL plate) from the Republic of Korea (Korea) during the period of review (POR) January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding this review with respect to 48 companies. Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 89 Issue 106 (Friday, May 31, 2024)</title>
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[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Notices]
[Pages 47131-47133]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11991]
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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: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to certain
producers and exporters of certain carbon and alloy steel cut-to-length
plate (CTL plate) from the Republic of Korea (Korea) during the period
of review (POR) January 1, 2022, through December 31, 2022. In
addition, Commerce is rescinding this review with respect to 48
companies. Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable May 31, 2024.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Laurel Smalley,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1537
or (202) 482-3456, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2017, Commerce published a countervailing duty (CVD)
order on CTL plate from Korea.\1\ On July 12, 2023, Commerce published
a notice of initiation of an administrative review of the Order.\2\ We
initiated an administrative review of 50 producers/exporters of CTL
plate from Korea for the POR. On August 15, 2023, Commerce selected
POSCO Co., Ltd. (POSCO) as the sole mandatory respondent in this
administrative review.\3\ On December 20, 2023, Commerce extended the
deadline for the preliminary results of this review to no later than
May 24, 2024.\4\
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\1\ 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262, 44271 (July 12, 2023).
\3\ See Memorandum, ``Respondent Selection,'' dated August 15,
2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2022,'' dated
December 20, 2023.
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[[Page 47132]]
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included at Appendix I. 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 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\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Certain
Carbon and Alloy Steel Cut-to-Length Plate from the Republic of
Korea; 2022:, '' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is CTL plate. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, in Part
On September 14, 2023, Commerce notified interested parties that we
intended to rescind this administrative review for 48 companies for
which the record information shows no suspended entries of subject
merchandise during the POR.\6\ No parties commented on the notification
of the intent to rescind the review, in part. Therefore, we find that
there were no entries of subject merchandise during the POR by the 48
companies listed in Appendix II. As a result of our finding, we are
rescinding this review, in part, pursuant to 19 CFR 351.213(d)(3) with
respect to these companies. For further information regarding this
determination, see ``Rescission of Administrative Review, In Part''
section in the Preliminary Decision Memorandum.
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\6\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated September 14, 2023.
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Methodology
Commerce is conducting this CVD administrative review in accordance
with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, we
preliminarily determine 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\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
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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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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rate exists for the POR, January
1, 2022, through December 31, 2022:
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\8\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds the following companies to be cross-
owned with POSCO: POSCO Chemical Co., Ltd.; POSCO Holdings Inc.;
POSCO Mobility Solution Co., Ltd.; POSCO M-Tech Co., Ltd.; and POSCO
Nippon Steel RHF Joint Venture 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, POSCO 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 CVD 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 affiliates is also applied to POSCO International for
entries of subject merchandise produced by POSCO.
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Countervailable
subsidy rate
Manufacturer/exporter (percent ad
valorem)
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POSCO \8\........................................... 1.47
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c), interested parties may submit case briefs no later than 30
days after the date of publication of this notice.\9\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the date for filing case briefs.\10\ Pursuant to 19
CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in
the case briefs. 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.\11\
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1) and (2).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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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.\12\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public 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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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069, 67077 (September 29, 2023).
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Pursuant to 19 CFR 251.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
using Enforcement and Compliance's ACCESS system within 30 days of
publication of this notice.\14\ Requests should contain: (1) the
party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues to be discussed. Issues raised in the hearing will
be limited to those raised in the respective case and rebuttal briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a time and date to be determined. Parties should confirm the
date and time of the hearing two days before the scheduled date.
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\14\ See 19 CFR 351.310(c).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS \15\ and must be served on interested
parties.\16\ Electronically filed documents must be
[[Page 47133]]
received successfully in their entirety by 5:00 p.m. Eastern Time on
the established deadline.
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\15\ See 19 CFR 351.303.
\16\ See 19 CFR 351.303(f).
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Final Results
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon completion of the administrative review,
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP shall assess, countervailing duties
on all appropriate entries covered by this review, for the above-listed
companies.
For the companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2022, through December 31,
2022, in accordance with 19 CFR 351.212(c)(l)(i). We intend to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
For the companies remaining in the review, 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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts calculated
in the final results for the companies listed above 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 review, except, where the rate calculated in the final results is
zero or de minimis, no cash deposit will be required. For all non-
reviewed firms, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate.
These cash deposit instructions, when imposed, shall remain in effect
until further notice.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4) and 351.221(b)(4).
Dated: May 24, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Diversification of Korea's Economy
VI. Rescission of the Administrative Review, In Part
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies for Which Commerce Is Rescinding the Review
1. Ajin Industrial Co., Ltd.
2. BDP International
3. Blue Track Equipment
4. Boxco, Inc.
5. Bukook Steel Co., Ltd.
6. Buma CE Co., Ltd.
7. China Chengdu International Techno-Economic Cooperation Co., Ltd.
8. Daehan I.M. Co., Ltd.
9. Daehan Tex Co., Ltd.
10. Daelim Industrial Co., Ltd.
11. Daesam Industrial Co., Ltd.
12. Daesin Lighting Co., Ltd.
13. Daewoo International Corp.
14. Dong Yang Steel Pipe
15. DKC
16. DK Corporation
17. DK Dongshin Co., Ltd.
18. Dongbu Steel Co., Ltd.
19. Dongkuk Industries Co., Ltd.
20. Dongkuk Steel Mill Co., Ltd.
21. EAE Automotive Equipment
22. EEW KHPC Co., Ltd.
23. Eplus Expo Inc.
24. GS Global Corp.
25. Haem Co., Ltd.
26. Han Young Industries
27. Hyosung Corp.
28. Hyundai Steel Co.
29. Jinmyung Frictech Co., Ltd.
30. Khana Marine Ltd.
31. Kindus Inc.
32. Korean Iron and Steel Co., Ltd.
33. Kyoungil Precision Co., Ltd.
34. LG Electronics Inc.
35. Menics
36. Qian'an Rentai Metal Products Co., Ltd.
37. Samsun C&T Corp.
38. Samsung Electronics Co., Ltd.
39. Shinko
40. Shipping Imperial Co., Ltd.
41. Sinchang Eng Co., Ltd.
42. SK Networks Co., Ltd.
43. SNP Ltd.
44. Steel N People Ltd.
45. Summit Industry
46. Sungjin Co., Ltd.
47. Wonbang Tech Co., Ltd.
48. Young Sun Steel
[FR Doc. 2024-11991 Filed 5-30-24; 8:45 am]
BILLING CODE 3510-DS-P
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