Notice2024-28990
Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Final Results 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
December 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to POSCO Co., Ltd. (POSCO), a producer and exporter of certain carbon and alloy steel cut-to-length plate (CTL plate) from the Republic of Korea (Korea), during the period of review (POR) from January 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 237 (Tuesday, December 10, 2024)</title>
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[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Notices]
[Pages 99224-99225]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28990]
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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: Final Results of Countervailing Duty Administrative
Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to POSCO Co., Ltd. (POSCO), a
producer and exporter of certain carbon and alloy steel cut-to-length
plate (CTL plate) from the Republic of Korea (Korea), during the period
of review (POR) from January 1, 2022, through December 31, 2022.
DATES: Applicable December 10, 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 31, 2024, Commerce published the Preliminary Results of this
administrative review in the Federal Register, and invited interested
parties to comment.\1\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\2\ On
September 6, 2024, Commerce extended the deadline for the final results
of this review to no later than December 4, 2024.\3\ For a complete
description of the events that followed the Preliminary Results, see
the Issues and Decision Memorandum.\4\
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\1\ See 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, 89 FR 47131 (May
31, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated September 6,
2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review:
Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic
of Korea; 2022,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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We conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order \5\
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\5\ 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).
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The merchandise covered by the Order is CTL plate. For a complete
description of the scope of the Order, see the Issues and Decision
Memorandum.
[[Page 99225]]
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed is
attached at the appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of the case and rebuttal briefs and the
evidence on the record, we made certain changes to POSCO's
countervailable subsidy calculations from the Preliminary Results.
These changes are explained in the Issues and Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we find 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.\6\ The Issues and Decision
Memorandum contains a full description of the methodology underlying
Commerce's conclusions.
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\6\ 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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Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we calculated an
individual net countervailable subsidy rate for POSCO. Commerce
determines that, during the POR, the net countervailable subsidy rate
for the producers/exporter under review is as follows:
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Subsidy rate (percent
Producer/exporter ad valorem)
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POSCO Co., Ltd.\7\............................... 1.47
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Disclosure
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\7\ As discussed in the Preliminary Results, Commerce found 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 countervailing duty 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 companies is
also applied to POSCO International for entries of subject
merchandise produced by POSCO.
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Commerce intends to disclose its calculations and analysis
performed in connection with these final results to interested parties
within five days of its 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)
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and CBP shall assess,
countervailing duties on all appropriate entries of subject merchandise
in accordance with the final results of this review, for the above-
listed company at the applicable ad valorem assessment rate. 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
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amount shown for the company listed above based 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 administrative review.\8\ For all non-reviewed firms
subject to the Order, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent company-
specific rate or the all-others rate (i.e., 3.72 percent), as
appropriate.\9\ These cash deposit requirements, effective upon
publication of these final results, shall remain in effect until
further notice.
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\8\ See, e.g., Honey from Argentina: Results of Countervailing
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and
accompanying Issues and Decision Memorandum at Issue 4.
\9\ See Order, 82 FR 24103.
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Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the destruction of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act, and 19 CFR 351.221(b)(5).
Dated: December 4, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of the Comments
Comment 1: Whether Electricity Is Subsidized by the Government
of Korea (GOK)
Comment 2: Whether the Provision of Korea Emissions Trading
System (K-ETS) Permits Is Countervailable
Comment 3: Whether Local Tax Deductions Under the Restriction of
Special Local Taxation Act (RSLTA) Article 57-2 Are Countervailable
Comment 4: Whether the Benchmark Calculation for Electricity for
More Than Adequate Remuneration (MTAR) Correctly Reflects the Volume
of Electricity Purchased
Comment 5: Whether the Quota Tariff Import Duty Exemptions Under
Article 71 of the Customs Act Program Is De Facto Specific
Comment 6: Whether Certain Tax Exemptions, Import Duty
Exemptions, and Loans Are Tied to the Production of Non-Subject
Merchandise
VII. Recommendation
[FR Doc. 2024-28990 Filed 12-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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