[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Notices]
[Pages 10784-10786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05523]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Final Results of Antidumping Duty Administrative Review; 2016-
2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Dongkuk
Steel Mill Co., Ltd. (Dongkuk) made sales of certain corrosion-
resistant steel products (CORE) from the Republic of Korea (Korea) at
less than normal value, and Hyundai Steel Company (Hyundai) did not,
during the period of review (POR), January 4, 2016, through June 30,
2017.
DATES: Applicable March 22, 2019.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang or Elfi Blum-Page, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-2316 or at 202-482-0197,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on August 10, 2018.\1\
On February 7, 2019, Commerce determined that a cost-based particular
market situation existed with respect to the production cost of CORE in
Korea during the POR.\2\ For a history of events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\3\ On
November 19, 2018, Commerce postponed the final results of this review
until February 6, 2019.\4\ As a result of the partial government
shutdown, the deadline for the final results of this review was revised
to March 18, 2019.\5\
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\1\ See Corrosion-Resistant Steel Products from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2016-2017, 83 FR 39666 (August 10, 2018) (Preliminary
Results) and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Commerce February 7, 2019 Memorandum re: Post-
Preliminary Decision Memorandum on Particular Market Situation
Allegation (PMS Memorandum).
\3\ See Memorandum re: Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review of
Corrosion-Resistant Steel Products from the Republic of Korea; 2016-
2017 (Issues and Decision Memorandum, or IDM), dated concurrently
with, and hereby adopted by, this notice.
\4\ See Commerce November 19, 2018 Memorandum re: Extension of
Deadline for the Final Results of Antidumping Duty Administrative
Review; 2016-2017.
\5\ See Commerce January 28, 2019 Memorandum re: Deadlines
Affected by the Partial Shutdown of the Federal Government. All
deadlines in this segment of the proceeding affected by the partial
federal government closure have been extended by 40 days.
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Scope of the Order
The products covered by this order are certain corrosion-resistant
steel products. For a complete description of the scope of this order,
see attachment to the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the IDM, which is hereby adopted by this notice. The
issues are identified in the Appendix to this notice. The IDM 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
https://access.trade.gov and in the Central Records Unit (CRU), Room
[[Page 10785]]
B8024 of the main Commerce building. In addition, a complete version of
the IDM can be accessed at http://enforcement.trade.gov/frn/index.html.
The signed IDM and the electronic versions of the IDM are identical in
content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made certain revisions to the preliminary margin
calculations for Dongkuk and Hyundai.\6\
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\6\ See Dongkuk's and Hyundai's Final Calculation Memorandum,
dated March 18, 2019.
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Final Results of the Administrative Review
We have determined the following weighted-average dumping margins
for the exporters or producers listed below for the POR: \7\
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\7\ For POSCO and Dongbu Steel Co, Ltd. which were not selected
for individual review, we assign a rate based on the rates for the
respondents that were selected for individual review, excluding
rates that are zero, de minimis or based entirely on facts
available. See section 735(c)(5)(A) of the Act.
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Dongkuk Steel Mill Co., Ltd............................. 7.33
Dongbu Steel Co., Ltd................................... 7.33
Hyundai Steel Company................................... 0.00
POSCO................................................... 7.33
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine,
and U.S. Customs and Border Protections (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. We will calculate importer-
specific assessment rates on the basis of the ratio of the total amount
of antidumping duties calculated for each importer's examined sales and
the total entered value of the sales in accordance with 19 CFR
351.212(b)(1).
For entries of subject merchandise during the POR produced by each
respondent for which it did not know its merchandise was destined for
the United States, we will instruct CBP to liquidate such 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 will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise 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
the respondents noted above will be the rate established in the final
results of this administrative review; (2) for merchandise exported by
manufacturers or exporters not covered in this administrative 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; (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 of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 8.31 percent, the all-others cash deposit rate established in the
investigation.\8\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\8\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016), as amended by Certain Corrosion-Resistant Steel Products from
the Republic of Korea: Notice of Court Decision Not in Harmony with
Final Determination of Investigation and Notice of Amended Final
Results, 83 FR 39054 (August 8, 2018).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or 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 the terms of an APO is a
sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: March 19, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final IDM
I. Summary
II. List of Comments
III. Background
IV. Scope of the Order
V. Changes Since the Preliminary Results
VI. Discussion of the Comments
General Comment
Comment 1: Whether a Cost-Based Particular Market Situation
Exists in Korea
Dongkuk Steel Mill Co., Ltd. (Dongkuk) Comments
Comment 2: Whether Dongkuk is Affiliated with POSCO
Comment 3: Whether Commerce Should Apply Adverse Facts Available
(AFA) to Dongkuk Because it Failed to Report Certain Information
Related to POSCO
Comment 4: Whether to Adjust the Price of Dongkuk's Purchases
from JFE Steel Corporation
Comment 5: Whether to Apply AFA to Freight Provided by Dongkuk's
Affiliated Provider
Comment 6: Whether to Grant a Constructed Export Price (CEP)
Offset to Dongkuk
Hyundai Steel Company (Hyundai) Comments
Comment 7: Whether Commerce Should Apply Total AFA to Hyundai
Comment 8: Whether Hyundai Overallocated U.S. Price to the CORE
Input of its Sales of After-Service Auto Parts
Comment 9: Whether Hyundai Withheld CONNUM-Specific Costs and
Submitted Aberrational Cost Data
Comment 10: Whether Hyundai Withheld Other Information Requested
by Commerce
Comment 11: Whether a Close Supplier Relationship Exists between
Hyundai's Captive, Intermediate Processors and the Hyundai Group,
Thereby Creating Artificial U.S. Prices
Comment 12: Whether Commerce Should Continue to Apply Partial
AFA to Hyundai
Comment 13: Whether Commerce Should Use Hyundai's Manufacturer
Variable
Comment 14: Whether Commerce Should Grant a CEP Offset to
Hyundai
Comment 15: Whether Commerce Should Use Hyundai's Customer-
Specific Warranty Expenses
[[Page 10786]]
VII. Recommendation
[FR Doc. 2019-05523 Filed 3-21-19; 8:45 am]
BILLING CODE 3510-DS-P