[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Notices]
[Pages 51661-51663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22125]
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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
and Partial Rescission of Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Hyundai Steel Company (Hyundai) and POSCO/POSCO Daewoo Co., Ltd.
(collectively POSCO/PDW), the two companies selected for individual
examination, sold subject merchandise in the United States at prices
below normal value during the POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable October 12, 2018.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Daniel Deku, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4475 or (202)
482-5075, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce initiated this administrative review on November 13,
2017.\1\ We selected Hyundai and POSCO/PDW as mandatory respondents.
For a detailed description of the events that followed the initiation
of this review, see the Preliminary Decision Memorandum, dated
concurrently with these preliminary results and hereby adopted by this
notice.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 52268 (November 13, 2017).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Certain Cold
Rolled Steel Flat Products from the Republic of Korea; 2016-2017,''
dated October 3, 2018 (Preliminary Decision Memorandum).
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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 to ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records
Unit, Room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary
Decision Memorandum is attached to this notice as an Appendix. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Scope of the Order
The product covered by this order is cold-rolled steel flat
products (cold-rolled steel) from the Republic of Korea. For the full
text of the scope of the order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section 772
of the Act. Normal
[[Page 51662]]
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.
Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to 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 investigation, for guidance when calculating the rate 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 have preliminarily calculated weighted-average
dumping margins for Hyundai and POSCO/PDW that are not zero, de
minimis, or determined entirely on the basis of facts available.
Accordingly, we have preliminarily assigned to the company not
individually examined (i.e., Hyundai Glovis Co., Ltd.) a margin of
11.68 percent, which is the weighted average of Hyundai and POSCO/PDW
calculated weighted-average dumping margins.\3\
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\3\ For more information regarding the calculation of this
margin, see Memorandum, ``Calculation of the Margin for Non-Examined
Companies,'' dated October 3, 2018. As the weighting factor, we
relied on the publicly ranged sales data reported in Hyundai and
POSCO/PDW quantity and value charts.
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Partial Rescission of Review
On February 14, 2018, the petitioners \4\ timely withdrew their
review requests for certain companies.\5\ Pursuant to 19 CFR
351.213(d)(1), Commerce will rescind an administrative review, in whole
or in part, if the party that requested the review withdraws its
request within 90 days of the date of publication of the notice of
initiation of the requested review. Accordingly, we are rescinding this
review with respect to the companies for which all review requests have
been withdrawn. For a full description of the methodology and rationale
underlying our conclusions, see the Preliminary Decision Memorandum.
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\4\ The petitioners are ArcelorMittal USA LLC; AK Steel
Corporation; Nucor Corporation; Steel Dynamics, Inc.; and United
States Steel Corporation.
\5\ Ameri-Source Korea; Dongbu Steel Co., Ltd.; Dongkuk Steel
Mill Co., Ltd.; Dongkuk Industries, Co., Ltd.; GS Global Corp.;
Hanawell Co., Ltd.; Hankum Co., Ltd.; Hyuk San Profile Co., Ltd.;
Kindus Inc.; Samsung C&T Corp.; Steel N Future; Taihan Electric Wire
Co., Ltd.; and Uin Global Co. See Petitioners' Letter, ``Cold-Rolled
Steel Flat Products from the Republic of Korea--Petitioners' Partial
Withdrawal of Administrative Review Request,'' dated February 14,
2018.
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Preliminary Results of Review
Commerce preliminarily determines that, for the period March 7,
2016, through August 31, 2017, the following weighted-average dumping
margins exist:
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Weighted-
average
Producer or exporter dumping margin
(percent)
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Hyundai................................................. 36.59
POSCO/PDW............................................... 2.78
Non-examined companies.................................. 11.68
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Disclosure, Public Comment, and Opportunity To Request a Hearing
We intend to disclose the calculations performed for these
preliminary results of review to interested parties 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, the content of which is limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\6\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\7\ Case and rebuttal
briefs should be filed using ACCESS \8\ and must be served on
interested parties.\9\ Executive summaries should be limited to five
pages total, including footnotes.
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\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See generally 19 CFR 351.303.
\9\ See 19 CFR 351.303(f).
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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
Commerce's electronic records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days of the date of publication of this
notice.\10\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a date and time to be determined.\11\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date.
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\12\
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\12\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. We intend to issue
liquidation instructions to CBP 15 days after publication of the final
results of this review.
For any individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.5 percent)
in the final results of this review and the respondent reported
reliable entered values, we will calculate importer-specific ad valorem
assessment rates for the merchandise based on the ratio of the total
amount of dumping calculated for the examined sales made during the
period of review to each importer and the total entered value of those
same sales, in accordance with 19 CFR 351.212(b)(1). If the respondent
has not reported reliable entered values, we will calculate a per-unit
assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total sales quantity associated with those transactions. Where an
importer-specific ad valorem assessment rate is zero or de minimis in
the final results of review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties in
[[Page 51663]]
accordance with 19 CFR 351.106(c)(2). If a respondent's weighted-
average dumping margin is zero or de minimis in the final results of
review, we will instruct CBP not to assess duties on any of its entries
in accordance with the Final Modification for Reviews, i.e.,
``{w{time} here the weighted-average margin of dumping for the exporter
is determined to be zero or de minimis, no antidumping duties will be
assessed.'' \13\
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\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by
Hyundai and POSCO/PDW for which the producer did not know its
merchandise was destined for the United States, or for any respondent
for which we have a final determination of no shipments, we will
instruct CBP to liquidate unreviewed entries at the all-others rate if
there is no rate for the intermediate company (or companies) involved
in the transaction.\14\
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\14\ 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 cash deposit requirements will be effective upon
publication of the notice 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 Hyundai, POSCO/PDW, and other companies listed in
the final results of review will be equal to the weighted-average
dumping margin established in the final results of this administrative
review; (2) for merchandise exported by producers or exporters not
covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review or the original investigation but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 20.33 percent,\15\ the all-others rate
established in the less-than-fair-value investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\15\ 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).
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Notification to Importers
This notice 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 duties prior to liquidation
of the relevant entries during this POR. 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
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, 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
1. Summary
2. Background
3. Scope of the Order
4. Partial Rescission of Administrative Review
5. Rates for Non-Examined Companies
6. Affiliation and Collapsing
7. Discussion of the Methodology
8. Adjustments to Cash Deposit Rates for Export Subsidies in
Companion Countervailing Duty Review
9. Currency Conversion
10. Recommendation
[FR Doc. 2018-22125 Filed 10-11-18; 8:45 am]
BILLING CODE 3510-DS-P