Notice2024-12348
Certain Carbon and Alloy Steel Cut-to-Length Plate 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 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on certain carbon and alloy steel cut-to-length plate (CTL plate) from the Republic of Korea (Korea). The period of review (POR) is May 1, 2022, through April 30, 2023. The review covers one producer and/or exporter of the subject merchandise, POSCO, POSCO International Corporation, and its affiliated companies (collectively, the POSCO single entity). We preliminarily determine that sales of subject merchandise by the POSCO single entity were not made at prices below normal value (NV). Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 110 (Thursday, June 6, 2024)</title>
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[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48389-48391]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12348]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-887]
Certain Carbon and Alloy Steel Cut-to-Length Plate 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) is conducting an
administrative review of the antidumping duty order on certain carbon
and alloy steel cut-to-length plate (CTL plate) from the Republic of
Korea (Korea). The period of review (POR) is May 1, 2022, through April
30, 2023. The review covers one producer and/or exporter of the subject
merchandise, POSCO, POSCO International Corporation, and its affiliated
companies (collectively, the POSCO single entity). We preliminarily
determine that sales of subject merchandise by the POSCO single entity
were not made at prices below normal value (NV). Interested parties are
invited to comment on these preliminary results.
DATES: Applicable June 6, 2024.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or William Horn, 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) 482-3640 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2023, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we published the initiation of
an administrative review of the antidumping duty order on CTL plate
from Korea \1\ produced and/or exported by POSCO.\2\ Pursuant to
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act),
on we extended the deadline for the preliminary results of this review
until no later than May 30, 2024.\3\
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\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096 (May 25, 2017) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administration Reviews, 88 FR 44262 (July 12, 2023).
\3\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of the 2022-2023 Antidumping Duty Administrative Review,''
dated January 10, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of the 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, a complete
version of the Preliminary Decision Memorandum can be accessed at
<a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Carbon and Alloy Steel Cut-To-Length Plate from the
Republic of Korea; 2022-2023,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is CTL plate. The product is
currently classified under the Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7208.40.3030, 7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030,
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the Order may also enter under the
following HTSUS subheadings: 7208.40.6060, 7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000,
[[Page 48390]]
7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.10.000, 7214.30.0010,
7214.30.0080, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7225.11.0000,
7225.19.0000, 7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7206.11.1000, 7226.11.9060, 7229.19.1000,
7226.19.9000, 7226.91.0500, 7226.91.1530, 7226.91.1560, 7226.91.2530,
7226.91.2560, 7226.91.7000, 7226.91.8000, and 7226.99.0180. The HTSUS
subheadings are provided for convenience and customs purposes only; the
written product description of the scope of the Order is dispositive.
For a complete description of the merchandise subject to the Order,
see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) and (2) of the Act. Constructed export price
is calculated in accordance with section 772 of the Act. NV 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.
Preliminary Results of the Review
We are assigning the following weighted-average dumping margin to
the company listed below for the period May 1, 2022, through April 30,
2023:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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POSCO single entity \5\..................................... * 0.00
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De minimis.
Disclosure and Public Comment
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\5\ Commerce continues to find that POSCO, POSCO International
Corporation, POSCO MS, and certain distributors and service centers
(i.e., Taechang Steel Co., Ltd. and Winsteel Co., Ltd.) are
affiliated pursuant to section 771(33)(E) of the Act, and further
that these companies should be treated as a single entity
(collectively, the POSCO single entity) pursuant to 19 CFR
351.401(f). See Preliminary Results PDM at 1.
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Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties with an
administrative protective order within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\6\ A timeline for
the submission of case briefs and written comments will be notified to
interested parties at a later date. 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.\7\ 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.\8\ Case
and rebuttal briefs should be filed using ACCESS.
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\6\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\7\ 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).
\8\ 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 briefs 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.\9\ 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).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ 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, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Final Results of Review
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 issues raised in any written comments, not later than 120
days after the date of publication of this notice.
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for the final results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this administrative 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).
Commerce will calculate importer-specific antidumping duty
assessment rates when a respondent's weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5 percent). Pursuant to 19
CFR 351.212(b)(1), where the respondent reported the entered value of
its U.S. sales, we will calculate importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for the examined sales to each importer to
the total entered value of those sales. Where the respondent did not
report entered value, we will calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for the examined sales to each importer to the total
quantity of those sales.\11\ We will also calculate an estimated ad
valorem importer-specific assessment rate with which to assess
[[Page 48391]]
whether the per-unit assessment rate is de minimis. We will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review when the importer-specific ad valorem assessment rate
calculated in the final results of this review is not zero or de
minimis. Where either the respondent's ad valorem weighted-average
dumping margin is zero or de minimis, or an importer-specific ad
valorem assessment rate is zero or de minimis,\12\ we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
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\11\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\12\ See 19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by the
POSCO single entity for which the POSCO single entity did not know that
the merchandise it sold to the intermediary (e.g., a reseller, trading
company, or exporter) was destined for the United States, we will
instruct CBP to liquidate unreviewed entries at the all-others rate if
there is no rate for the intermediate company(ies) involved in the
transaction.\13\
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\13\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future cash deposits of
estimated antidumping duties, where applicable.\14\
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\14\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate
for the POSCO single entity will be equal to the weighted-average
dumping margin established in the final results of this review, except
if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1)
(i.e., less than 0.50 percent), in which case the cash deposit rate
will be zero; (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 for the most recently-completed segment; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the producer is, the cash deposit rate
will be the rate established for the most recently-completed segment
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers and exporters will continue to be 7.10 percent, the
all-others rate established in the less-than-fair-value
investigation.\15\
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\15\ See Order.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also 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 the Secretary'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 the antidumping duties by
the amount of the countervailing 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. 2024-12348 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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