Notice2024-12342
Carbon and Alloy Steel Wire Rod From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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
June 5, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that POSCO and POSCO International Corporation (PIC) (collectively, POSCO), a producer and exporter of carbon and alloy steel wire rod (wire rod) from the Republic of Korea (Korea), sold subject merchandise in the United States at prices below normal value during the period of review (POR) May 1, 2022, through April 30, 2023. We invite all interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 109 (Wednesday, June 5, 2024)</title>
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[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Notices]
[Pages 48145-48147]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12342]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-891]
Carbon and Alloy Steel Wire Rod From the Republic of Korea:
Preliminary Results 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 POSCO and POSCO International Corporation (PIC) (collectively,
POSCO), a producer and exporter of carbon and alloy steel wire rod
(wire rod) from the Republic of Korea (Korea), sold subject merchandise
in the United States at prices below normal value during the period of
review (POR) May 1, 2022, through April 30, 2023. We invite all
interested parties to comment on these preliminary results.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2316.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2018, Commerce published in the Federal Register the
antidumping duty order on wire rod from Korea.\1\ On April 8, 2019,
Commerce revoked, in part, the Order with respect to grade 1078 and
higher tire cord quality wire rod used in the production of tire cord
wire.\2\ On June 13, 2019, Commerce revoked, in part, the Order with
respect to valve spring quality (VSQ) wire rod.\3\
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\1\ See Carbon and Alloy Steel Wire from Italy, the Republic of
Korea, Spain, the Republic of Turkey, and the United Kingdom:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Duty Determination for Spain and the Republic of Turkey, 83 FR 23417
(May 21, 2018) (Order).
\2\ See Carbon and Alloy Steel Wire from Italy, the Republic of
Korea and the United Kingdom: Notice of Final Results of Antidumping
Duty Changed Circumstances Review, 84 FR 13888 (April 8, 2019).
\3\ See Carbon and Alloy Steel Wire from Italy, the Republic of
Korea: Final Results of Antidumping Duty Changed Circumstances
Review, 84 FR 27582 (June 13, 2019).
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Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of Tariff Act of 1930, as amended (the Act).
On July 12, 2023, in accordance with 19 CFR 351.221(c)(1)(i), we
initiated this review identifying POSCO as the sole producer and
exporter subject to this review.\4\ On January 18, 2024, we extended
the deadline for these preliminary results to May 30, 2024.\5\
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023).
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated January 18, 2024.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Carbon and
Alloy Steel Wire Rod from the Republic of Korea; 2022-2023,'' dated
concurrently with, and hereby adoped by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The scope of the Order includes certain hot-rolled products of
carbon
[[Page 48146]]
steel and alloy steel, in coils, of approximately round cross section,
less than 19.00 mm in actual solid cross-sectional diameter. Excluded
from the scope are grade 1078 and higher tire cord quality wire rod to
be used in the production of tire cord wire. Also, excluded from the
scope are VSQ steel products which are defined as wire rod. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\7\
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\7\ Id.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Constructed export prices are calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
discussed in the Preliminary Decision Memorandum is attached as an
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, 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>.
Preliminary Results of Review
We preliminarily determine the following estimated weighted-average
dumping margin exists for the period May 1, 2022, through April 30,
2023:
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\8\ In the 2020-2021 administrative review of the Order, we
found that POSCO and POSCO International Corporation (PIC) are
affiliated and should be treated as a single entity. See Carbon and
Alloy Steel Wire Rod from the Republic of Korea: Preliminary Results
of Antidumping Duty Administrative Review; 2020-2021, 87 FR 33468
(June 2, 2022), and accompanying Preliminary Decision Memorandum, at
5-10, unchanged in Carbon and Alloy Steel Wire Rod from the Republic
of Korea: Final Results of Antidumping Duty Administrative Review;
2020-2021 (October 4, 2022). In the absence of information
demonstrating any changes, we are continuing to treat POSCO and PIC
as a single entity for purpose of this administrative review.
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Weighted-average
Producer/exporter dumping margin
(percent)
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POSCO/POSCO International Corporation \8\.......... 1.03
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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
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to the Assistant Secretary for Enforcement and Compliance not
later than 30 days after the date of publication of this notice, unless
Commerce alters the time limit. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than five days after
the date for filing case briefs.\9\ Interested parties who submit case
or rebuttal briefs in this proceeding must submit: (1) a table of
contents listing each issue; and (2) a table of authorities.\10\
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\9\ 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 Procedures).
\10\ See 19 351.309(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 administrative 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.\11\ 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).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Procedures.
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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. An electronically filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\13\ 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. Commerce intends to issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, not later than 120 days after
the date of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act, unless extended.
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\13\ See 19 CFR 351.310(c).
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Assessment Rate
Upon issuance 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.\14\ The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review and
for future deposits of estimated duties, where applicable.\15\ 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).
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\14\ See 19 CFR 351.212(b).
\15\ See section 751(a)(2)(C) of the Act.
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Pursuant to 19 CFR 351.212(b)(1), if POSCO's weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.5 percent)
in the final results of this review, we will calculate an importer-
specific ad valorem duty assessment rate based on the ratio of the
total amount of dumping calculated for the U.S. sales for a given
importer to the total entered value of those sales. If, in the final
results, either POSCO's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by POSCO
for
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which it did not know that its merchandise was destined for the United
States, we will instruct CBP to liquidate such unreviewed entries
pursuant to the reseller policy,\16\ i.e., the assessment rate for such
entries will be equal to the all-others rate established in the
investigation (i.e., 41.10 percent), if there is no rate for the
intermediate company(ies) involved in the transaction.
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\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for POSCO will be
equal to POSCO's 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 companies not participating in this review,
the cash deposit will continue to be the company-specific 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, or the underlying investigation, but the
producer is, then the cash deposit rate will be the rate established
for the completed segment for the most recent POR for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 41.10 percent, the all-others rate
established in the underlying investigation.\17\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\17\ See Order, 83 FR at 23419.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: May 30, 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-12342 Filed 6-4-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 5, 2024.
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