[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56821-56823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24796]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-883]


Certain Hot-Rolled Steel Flat Products From the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 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 November 14, 2018.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Justin Neuman, 
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) (202) 482-7425 or 
(202) 482-0486, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2017, Commerce initiated the antidumping duty 
administrative review on certain hot-rolled steel flat products (hot-
rolled steel) from the Republic of Korea (Korea).\1\ Commerce selected 
two respondents for individual examination, POSCO/PDW and Hyundai Steel 
Company. 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 21513 (May 9, 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 at the Appendix to this notice. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

[[Page 56822]]

Scope of the Order

    The product covered by this review is hot-rolled steel from Korea. 
For a full description of the scope 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). 
Export price and constructed export price are calculated in accordance 
with section 772 of the Act. Normal 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 companies not 
individually examined in this review \3\ a margin of 5.95 percent, 
which is the weighted average of Hyundai and POSCO/PDW calculated 
weighted-average dumping margins.\4\
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    \3\ The non-examined companies subject to this review are: 
Daewoo International Corp., Dongbu Steel Co., Ltd., Dongkuk 
Industries Co., Ltd., Marubeni-Itochu Steel Korea, Soon Hong Trading 
Co., and Sungjin Co.
    \4\ For more information regarding the calculation of this 
margin, see Memorandum, ``Calculation of the Margin for Non-Examined 
Companies,'' dated November 2, 2018. As the weighting factor, we 
relied on the publicly ranged sales data reported in Hyundai's and 
POSCO/PDW's quantity and value charts.
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Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period March 22, 2016, through September 
30, 2017.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margin
                                                               (percent)
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POSCO/POSCO Daewoo Co., Ltd.................................        7.67
Hyundai Steel Company.......................................        3.95
Non-Examined Companies......................................        5.95
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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.\5\ 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.\6\ Case and rebuttal 
briefs should be filed using ACCESS \7\ and must be served on 
interested parties.\8\ Executive summaries should be limited to five 
pages total, including footnotes.
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    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
    \7\ See generally 19 CFR 351.303.
    \8\ 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.\9\ 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.\10\ Parties 
should confirm the date, time, and location of the hearing two days 
before the scheduled date.
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    \9\ See 19 CFR 351.310(c).
    \10\ 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.\11\
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    \11\ 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 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.'' \12\
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    \12\ 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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[[Page 56823]]

    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.\13\
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    \13\ 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 and POSCO/PDW 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 
5.55 percent,\14\ 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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    \14\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 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: November 2, 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. Discussion of the Methodology Comparison to Normal Value
    A. Determination of the Comparison Method
    B. Results of Differential Pricing Analysis
    Date of Sale
    Product Comparisons
    Export Price/Constructed Export Price
    Normal Value
    A. Home Market Viability
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
5. Currency Conversion
6. Recommendation

[FR Doc. 2018-24796 Filed 11-13-18; 8:45 am]
 BILLING CODE 3510-DS-P