[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Notices]
[Pages 65348-65349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27536]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-836]


Certain Cut-to-Length Carbon-Quality Steel Plate Products From 
the Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers and/or exporters subject to this administrative review 
made sales of subject merchandise at less than normal value. Interested 
parties are invited to comment on these preliminary results of review.

DATES: Applicable December 20, 2018.

FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Thomas Schauer, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone (202) 482-5760 or (202) 482-
0410, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 16, 2018, Commerce initiated the administrative review of 
the antidumping duty order on certain cut-to-length carbon-quality 
steel plate products (CTL plate) from the Republic of Korea (Korea).\1\ 
The period of review is February 1, 2017, through January 31, 2018.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 16298, 16304 (April 16, 2018).
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Scope of the Order

    The products covered by the antidumping duty order are certain CTL 
plate. Imports of CTL plate are currently classified in the Harmonized 
Tariff Schedule of the United States (HTSUS) under subheadings 
7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 
7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 
7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 
7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000, 7225.50.6000, 
7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, and 
7226.99.0000. While the HTSUS subheadings are provided for convenience 
and customs purposes, the written description is dispositive. A full 
description of the scope of the order is contained in the Preliminary 
Decision Memorandum.\2\
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    \2\ See the Memorandum, ``Certain Cut-to-Length Carbon-Quality 
Steel Plate Products from the Republic of Korea: Decision Memorandum 
for Preliminary Results of Antidumping Duty Administrative Review; 
2017-2018,'' dated concurrently with and hereby adopted by this 
notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 751 
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. A list of the 
topics included in the Preliminary Decision Memorandum is included in 
the Appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov and to all parties in Commerce's Central 
Records Unit, located at room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at http://enforcement.trade.gov/frn/index.html.

Adverse Facts Available

    Pursuant to section 776(a) of the Act, Commerce is preliminarily 
relying upon facts otherwise available to calculate certain expenses 
with respect to Hyundai Steel in this review because Hyundai Steel 
withheld necessary information that was requested by Commerce and 
failed to provide verifiable information. Further, Commerce 
preliminarily determines that Hyundai Steel failed to cooperate by not 
acting to the best of its ability to comply with requests for 
information and, thus, Commerce is applying adverse facts available 
(AFA) to Hyundai Steel, in accordance with section 776(b) of the Act. 
For a full description of the methodology underlying our conclusions 
regarding the application of AFA, see the Preliminary Decision 
Memorandum.

Preliminary Results of the Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the respondents for the period February 1, 
2017, through January 31, 2018.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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Dongkuk Steel Mill Co., Ltd.............................            1.43
Hyundai Steel Company...................................            4.19
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after public 
announcement of the preliminary results in accordance with 19 CFR 
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs not later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\3\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of

[[Page 65349]]

the issue, (2) a brief summary of the argument, and (3) a table of 
authorities.\4\
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    \3\ See 19 CFR 351.309(d).
    \4\ See 19 CFR 351.309(c)(2) and (d)(2).
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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. An electronically filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. Eastern Time within 30 days after the date of publication of 
this notice.\5\ Requests should contain: (1) The party's name, address 
and telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. Commerce intends to issue 
the final results of this administrative review, including the results 
of its analysis of the issues raised in any written briefs, not later 
than 120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.
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    \5\ See 19 CFR 351.310(c).
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Assessment Rates

    If a respondent's weighted-average dumping margin is above de 
minimis in the final results of this review, we will calculate an 
importer-specific assessment rate based on the ratio of the total 
amount of dumping calculated for each importer's examined sales and the 
total entered value of the sales in accordance with 19 CFR 
351.212(b)(1).\6\ If a respondent's weighted-average dumping margin or 
an importer-specific assessment rate is zero or de minimis in the final 
results of review, we will instruct U.S. Customs and Border Protection 
(CBP) to liquidate the appropriate entries without regard to 
antidumping duties in accordance with the Final Modification for 
Reviews.\7\ The final results of this administrative review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise under review and for future deposits of estimated duties, 
where applicable.
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    \6\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \7\ See Final Modification for Reviews, 77 FR at 8103. See also 
19 CFR 351.106(c)(2).
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    For entries of subject merchandise during the period of review 
produced by Dongkuk Steel Mill Co., Ltd. or Hyundai Steel Company for 
which they did not know their merchandise was destined for the United 
States, 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.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of this review for all shipments of CTL plate from Korea 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2) of the Act: (1) 
The cash deposit rate for companies subject to this review will be 
equal to the weighted-average dumping margins established in the final 
results of the review; (2) for merchandise exported by companies not 
covered in this review but covered in a prior segment of this 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment for the 
producer of the merchandise; (4) the cash deposit rate for all other 
producers or exporters will continue to be 0.98 percent,\8\ the all-
others rate established in the less-than-fair-value investigation, 
adjusted for the export-subsidy rate in the companion countervailing 
duty investigation.
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    \8\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate 
Products From the Republic of Korea: Final Results of Antidumping 
Duty Administrative Review; 2016-2017, 83 FR 32629, 32630 (July 13, 
2018).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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 period of review. 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) of the Act and 19 CFR 351.221(b)(4).

    Dated: December 14, 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

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
    A. Comparisons to Normal Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    B. Product Comparisons
    C. Date of Sale
    D. Level of Trade/CEP Offset
    E. Affiliated Service Providers
    F. Export Price and Constructed Export Price
    1. Dongkuk
    2. Hyundai Steel
    G. Normal Value
    1. Overrun Sales
    2. Selection of Comparison Market
    3. Affiliated Parties
    4. Affiliated Party Transactions and Arm's-Length Test
    5. Cost of Production
    6. Calculation of Normal Value Based on Comparison Market Prices
V. Currency Conversion
VI. Recommendation

[FR Doc. 2018-27536 Filed 12-19-18; 8:45 am]
 BILLING CODE 3510-DS-P