[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Notices]
[Pages 24083-24085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10934]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold Rolled Steel Flat 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 Hyundai
Steel Company (Hyundai) and POSCO/POSCO Daewoo Co., Ltd. (POSCO/PDW),
producers/exporters of certain cold rolled steel flat products (cold-
rolled steel) from the Republic of Korea (Korea), sold subject
merchandise in the United States at prices below normal value (NV)
during the period of review (POR) March 7, 2016, through August 31,
2017.
DATES: Applicable May 24, 2019.
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 published the Preliminary Results of this administrative
review on October 12, 2018.\1\ For a history of events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\2\
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\1\ See 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,
83 FR 51661 (October 12, 2018) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
from the Republic of Korea: Issues and Decision Memorandum for the
Final Results of the 2016-2017 Antidumping Duty Administrative
Review,'' dated concurrently with this notice (Issues and Decision
Memorandum).
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\3\ If the new
deadline falls on a
[[Page 24084]]
non-business day, in accordance with Commerce's practice, the deadline
will become the next business day. Between March 19, 2019, and April
18, 2019, Commerce extended the deadline for the final results of this
administrative review. The revised deadline for the final results is
now May 17, 2019.\4\
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\3\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\4\ See Memorandum, ``Certain Cold Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review,'' dated March 19, 2019;
see also Memorandum, ``Certain Cold Rolled Steel Flat Products from
the Republic of Korea: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated April 18, 2019.
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Commerce conducted this review in accordance with section 751(a) of
the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by the order is certain cold-rolled steel
flat products. For a complete description of the scope of the order,
see the Issues and Decision Memorandum.\5\
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\5\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
from the Republic of Korea: Issues and Decision Memorandum for the
Final Results of the 2016-2017 Antidumping Duty Administrative
Review,'' dated concurrently with this notice (Issues and Decision
Memorandum).
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Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum. The issues are identified in 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 https://access.trade.gov and is available to all parties in the Central Records
Unit, Room B8024 of the main Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at http://enforcement.trade.gov/frn/index.html. The
signed and electronic versions of the Issues and Decision Memorandum
are identical in content.
Changes Since the Preliminary Results
Based on the comments received from the interested parties, we made
certain changes to the Preliminary Results. For a discussion of these
issues, see the Issues and Decision Memorandum.
Companies Not Selected for Individual Review
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for 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 review 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} .''
For these final results, we calculated a weighted-average dumping
margin that is not zero, de minimis, or determined entirely on the
basis of facts available for Hyundai and POSCO/PDW. Accordingly,
Commerce has continued to assign companies not individually examined a
margin of 11.60 percent, which is the weighted average of Hyundai's and
POSCO/PDW's calculated weighted-average dumping margins.
Final Results of Administrative Review
We determine that, for the period of March 7, 2016, through August
31, 2017, the following dumping margins exist:
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Final
dumping
Producer or exporter margin
(percent)
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Hyundai Steel Company....................................... 36.59
POSCO/POSCO Daewoo Co., Ltd................................. 2.68
Non-examined companies...................................... 11.60
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce intends to issue appropriate instructions to U.S. Customs and
Border Protection (CBP) 15 days after publication of the final results
of this review. We intend to 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 or
companies involved in the transaction. We intend to issue liquidation
instructions to CBP 15 days after the date of publication of the final
results of this administrative review.
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 the companies listed in these final results will
be equal to the weighted-average dumping margin established in the
final results of this 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 less-than-fair-value
(LTFV) 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 20.33 percent,\6\ the all-others rate established in the LTFV
investigation. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\6\ 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 final 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
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occurred and the subsequent assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: May 17, 2019.
Jeffrey I. Kessler,
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. Margin Calculation
V. Rates for Non-Examined Companies
VI. Discussion of the Issues
Comment 1: POSCO/PDW's CONNUM-Specific Costs
Comment 2: Adverse Facts Available for Hyundai
Comment 3: POSCO/PDW's Cost Methodology
Comment 4: POSCO/PDW's CEP Offset
Comment 5: POSCO/PDW's Freight Revenue Cap
Comment 6: POSCO/PDW's Prime Product Matching
Comment 7: POSCO/PDW's Importer Specific Duty Assessment Rate
Calculation
Comment 8: Treatment of Hyundai's Affiliated Freight Company
VII. Recommendation
[FR Doc. 2019-10934 Filed 5-23-19; 8:45 am]
BILLING CODE 3510-DS-P