Notice2024-23489
Certain Cold-Rolled Steel Flat Products 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
October 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea) were not made at less than normal value (NV) during the period of review (POR) September 1, 2022, through August 31, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 197 (Thursday, October 10, 2024)</title>
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[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Notices]
[Pages 82218-82220]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23489]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold-Rolled Steel Flat Products 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
determines that certain cold-rolled steel flat products (cold-rolled
steel) from the Republic of Korea (Korea) were not made at less than
normal value (NV) during the period of review (POR) September 1, 2022,
through August 31, 2023. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable October 10, 2024.
FOR FURTHER INFORMATION CONTACT: Caroline Carroll, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4948.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2016, Commerce published in the Federal Register
the antidumping duty order on cold-rolled
[[Page 82219]]
steel from Korea.\1\ On September 6, 2023, Commerce published in the
Federal Register a notice of opportunity to request an administrative
review of the Order for the POR.\2\ On November 15, 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\ On December 20,
2023, Commerce selected Hyundai Steel Company (Hyundai) and POSCO/POSCO
International Corporation (collectively, POSCO) as the mandatory
respondents in this administrative review.\4\ On May 17, 2024, we
extended the deadline for issuing the preliminary results of this
review to September 27, 2024, in accordance with section of 751(a)(3)
of the Tariff Act of 1930 (the Act), and 19 CFR 351.213(h)(2).\5\ On
July 22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\6\ The deadline for the preliminary results
is now October 4, 2024. For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\7\
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\1\ See Certain Cold-Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20,
2016) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 88 FR 60923 (September 6, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 78298 (November 15, 2023).
\4\ See Memorandum, ``Respondent Selection,'' dated December 20,
2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated
May 17, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on Certain Cold-Rolled Steel Flat Products from Korea,''
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 cold-rolled steel from
Korea. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price and constructed export
price are 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. 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 directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rate for Non-Examined Company
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin to be determined for companies not
selected for individual examination when Commerce limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy less-than-fair-value (LTFV) investigation, for guidance
when determining the weighted-average dumping margin for companies
which were not selected for individual examination in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally ``an amount equal to the weighted average of the estimated
weighted average dumping margins established for exporters and
producers individually investigated, excluding any zero or de minimis
margins, and any margins determined entirely {on the basis of facts
available{time} .''
In this review, we preliminarily calculated dumping margins of zero
for both of the mandatory respondents. Consistent with the U.S. Court
of Appeals for the Federal Circuit's decision in Albemarle,\8\ and
Commerce's practice,\9\ we are preliminarily applying to KG Dongbu
Steel Co., Ltd. (KG Dongbu), the company not selected for individual
examination in this review, a margin of zero percent, because we
preliminarily calculated rates of zero percent for both mandatory
respondents, Hyundai and POSCO, pursuant to section 735(c)(5)(B) of the
Act.
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\8\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
\9\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021, 87 FR 60989 (October 7, 2022).
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Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margins for the period of
September 1, 2022, through August 31, 2023:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Hyundai Steel Company....................................... 0.00
POSCO/POSCO International Corporation....................... 0.00
KG Dongbu Steel Co., Ltd.................................... 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to interested parties 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).
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. Rebuttal briefs, limited to issues raised in case briefs, may
be filed no later than five days after the date for filing case
briefs.\10\ 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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\10\ See 19 CFR 351.309(d)(1); 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).
\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
[[Page 82220]]
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 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, within 30 days after the date of publication of this notice.
Hearing requests should contain the party's name, address, and
telephone number, and a list of issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce will inform
parties of the time and date for the hearing.\14\
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\14\ See 19 CFR 351.310(d).
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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
our 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 in the Federal Register.
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 of subject merchandise covered by this review.\15\ If the
weighted-average dumping margin for an individually examined respondent
is not zero or de minimis (i.e., less than 0.50 percent) in the final
results of this review, we will calculate importer-specific ad valorem
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of such sales in accordance with 19 CFR
351.212(b)(1).\16\ For any individually examined respondent whose
weighted-average dumping margin is zero or de minimis in the final
results of review, or if an importer-specific assessment rate is zero
or de minimis, Commerce will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\17\
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\15\ See 19 CFR 351.212(b)(1).
\16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\17\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Hyundai or POSCO for
which the reviewed companies did not know that the merchandise they
sold to the intermediary (i.e., a reseller, trading company, or
exporter) was destined for the United States.\18\ In such instances, 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.\19\
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\18\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\19\ See Order.
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For KG Dongbu, the company that was not selected for individual
examination, we intend to assign an assessment rate based on the
review-specific rate determined as noted in the ``Rate for Companies
Not Selected for Individual Examination'' section, above.
In accordance with section 751(a)(2)(C) of the Act, 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. 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 deposit requirements will be effective upon
publication in the Federal Register of final results of this
administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for the companies listed above will be equal
to the weighted-average dumping margin established in the final results
of this administrative 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 or reviewed companies not covered in this
review, the cash deposit rate will continue to be the company-specific
cash deposit 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, a prior review, or the LTFV
investigation, but the manufacturer is, then the cash deposit rate will
be the rate established for the most recent segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 20.33 percent, the
all-others rate established in the LTFV investigation.\20\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\20\ See Order.
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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)(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.
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
351.221(b)(4).
Dated: October 4, 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
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. 2024-23489 Filed 10-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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