Notice2024-26251
Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
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
November 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea). The period of review (POR) is January 1, 2022, through December 31, 2022. Additionally, Commerce is rescinding the review, in part, with respect to 13 companies which had no entries. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 219 (Wednesday, November 13, 2024)</title>
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[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89610-89612]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26251]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results and Partial Rescission of Countervailing
Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of certain hot-rolled steel flat products (hot-rolled
steel) from the Republic of Korea (Korea). The period of review (POR)
is January 1, 2022, through December 31, 2022. Additionally, Commerce
is rescinding the review, in part, with respect to 13 companies which
had no entries. We invite interested parties to comment on these
preliminary results.
DATES: Applicable November 13, 2024.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger or Nathan James,
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) 482-2517 or (202)
482-5305, respectively.
SUPPLEMENTARY INFORMATION:
Background
In October 2023, Commerce received requests for an administrative
review of the countervailing duty (CVD) order on hot-rolled steel from
Korea.\1\ On December 6, 2023, Commerce published a notice of
initiation of administrative review of the Order.\2\ On January 18,
2024, Commerce selected Hyundai Steel Company (Hyundai Steel) and POSCO
as mandatory respondents in this administrative review.\3\ On June 25,
2024, Commerce extended the deadline for the preliminary results of
this
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review.\4\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\5\ The deadline for the
preliminary results is now November 6, 2024.
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\1\ 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 84784 (December 6, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated January 18,
2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2022 Countervailing Duty Administrative Review,'' dated
June 25, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I 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="http://access.trade.gov">http://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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review; 2022:
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,''
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 hot-rolled steel from
Korea. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, In Part
On October 8, 2024, Commerce notified interested parties that we
intended to rescind this administrative review for 13 companies for
which the record information shows no suspended entries of subject
merchandise during the POR.\7\ No parties commented on the notification
of intent to rescind the review, in part. Therefore, we find that there
were no entries of subject merchandise during the POR by the 13
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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\7\ See Memorandum, ``Intent to Rescind Review, in Part,'' dated
October 8, 2024.
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Methodology
Commerce is conducting this 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, Commerce preliminarily
determines that there is a subsidy, i.e., a financial contribution by
an ``authority'' that gives rise to a benefit to the recipient, and
that the subsidy is specific.\8\ For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
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\8\ 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 net
countervailable subsidy rates for the period January 1, 2022, through
December 31, 2022 to be:
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Subsidy rate
Company (percent ad
valorem)
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Hyundai Steel Company \9\............................... 2.21
POSCO \10\.............................................. 1.47
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Disclosure and Public Comment
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\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with
Hyundai Steel: Hyundai Green Power Co., Ltd.
\10\ The company is also known as POSCO Co., Ltd. Additionally,
as discussed in the Preliminary Decision Memorandum, Commerce has
found the following companies to be cross-owned with POSCO: POSCO
Holdings, POSCO International Corporation, POSCO Chemical, POSCO M-
Tech, Pohang Scrap Recycling Distribution Center Co., Ltd., POSCO
Nippon Steel RHF Joint Venture Co., Ltd., and POSCO Mobility
Solutions.
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Commerce intends to disclose its calculations 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 the Federal
Register in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs or other written comments
to the Assistant Secretary for Enforcement and Compliance.\11\ A
timeline for the submission of case briefs and written comments will be
established at a later date. Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later than five days after the
deadline date for case briefs.\12\ Interested parties that submit case
or rebuttal briefs in this review must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\13\
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\11\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\12\ 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).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.310(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.\14\ 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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ 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 within 30 days after the date of publication of this notice.
Requests should contain: (1) the party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Issues raised in the hearing will be limited to those
raised in the respective case briefs. If a request for a hearing is
made, Commerce will inform parties of the scheduled date for the
hearing
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon
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issuance of the final results, Commerce shall determine, and CBP shall
assess, countervailing duties on all appropriate entries covered by
this review.
For the companies for which this review is rescinded, we 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. We intend to issue assessment instructions to CBP for these
companies no earlier than 35 days after the date of publication of this
rescission in the Federal Register.
For the companies remaining in the review, we will instruct CBP to
assess countervailing duties on all appropriate entries at the subsidy
rates calculated in the final results of this 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
In accordance with section 751(a)(1) 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 shown for
each of the respective 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. 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. These
cash deposit instructions, when imposed, shall remain in effect until
further notice.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: November 6, 2024.
Abdelali Elouaradia,
Deputy 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 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 This Review
1. DCE Inc.
2. Dong Chuel America Inc.
3. Dong Chuel Industrial Co., Ltd.
4. Dongbu Incheon Steel Co., Ltd.
5. Dongbu Steel Co., Ltd.
6. Dongkuk Industries Co., Ltd.
7. Dongkuk Steel Mill Co., Ltd.
8. Hyewon Sni Corporation (H.S.I.)
9. JFE Shoji Trade Korea Ltd.
10. POSCO Coated & Color Steel Co., Ltd.
11. POSCO Daewoo Corporation
12. Soon Hong Trading Co., Ltd.
13. Sung-A Steel Co., Ltd.
[FR Doc. 2024-26251 Filed 11-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 13, 2024.
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