[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Notices]
[Pages 34119-34121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15196]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-887]
Carbon and Alloy Steel Cut-to-Length Plate From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review;
2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the POSCO single entity and eleven non-examined companies made
sales of subject merchandise at less than normal value (NV) during the
period of review (POR) November 14, 2016 through April 30, 2018.
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable July 17, 2019.
FOR FURTHER INFORMATION CONTACT: Michael Bowen or William Horn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0768 or (202)
482-4868, respectively.
Scope of the Order
The products covered by the order are certain carbon and alloy
steel hot-rolled or forged flat plate products not in coils, whether or
not painted, varnished, or coated with plastics or other non-metallic
substances from the Republic of Korea. Products subject to the order
are currently classified in the Harmonized Tariff Schedule of the
United States (HTSUS) under item numbers: 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005,
7225.40.3050, 7226.20.0000, and 7226.91.5000. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise subject to this scope is
dispositive.\1\
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\1\ For a full description of the scope of the order see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2016-2018 Administrative Review: Certain Carbon and Alloy Steel Cut-
To-Length Plate from the Republic of Korea,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2018, based on a timely request for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on certain carbon and alloy steel cut-to-length plate from the
Republic of Korea for fourteen companies.\2\ We selected POSCO/POSCO
Daewoo Corporation as the mandatory respondent because it was the only
company under review that had entries of subject merchandise during the
POR.\3\ In December 2018, we extended the preliminary results of this
review to no later than May 1, 2019.\4\ 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.\5\ In June 2019, we extended the
preliminary results of this review to no later than July 10, 2019.\6\
For a complete
[[Page 34120]]
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 32273 (July 12, 2018).
\3\ See Memorandum, ``Administrative Review of Carbon and Alloy
Steel Cut-to-Length Plate from the Republic of Korea: Respondent
Selection'' dated October 4, 2018.
\4\ See Memorandum, ``Carbon and Alloy Steel Cut-To-Length Plate
from the Republic of Korea: Extension of the Deadline for
Preliminary Results of the Antidumping Duty Administrative Review;
2016-2018,'' dated December 17, 2018.
\5\ 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.
\6\ See Memorandum, ``Carbon and Alloy Steel Cut-To-Length Plate
from the Republic of Korea: Extension of the Deadline for
Preliminary Results of the Antidumping Duty Administrative Review;
2016-2018,'' dated June 3, 2019.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) 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. NV 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. 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 is available to
registered users at https://access.trade.gov and it is available to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/index.htm. The signed and electronic versions of the Preliminary
Decision Memorandum are identical in content. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as an
Appendix to this notice.
Preliminary Results of the Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margin exists for the period
November 14, 2016 through April 30, 2018: \7\
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\7\ See Preliminary Decision Memorandum
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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POSCO single entity \8\..................................... 20.09
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Review-Specific Average Rate Applicable to the Following Companies:
\9\
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\8\ Commerce is preliminarily determining that POSCO, POSCO
Daewoo Corporation, POSCO Processing and Service Co., Ltd. and
certain distributors and service centers are affiliated pursuant to
section 771(33)(E) of the Act, and further that these companies
should be treated as a single entity (collectively, the POSCO single
entity) pursuant to 19 CFR 351.401(f). See Preliminary Decision
Memorandum.
\9\ This rate is 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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Buma Ce Co., Ltd............................................ 20.09
Dong Yang Steel Pipe Co., Ltd............................... 20.09
Dongkuk Steel Mill Co., Ltd................................. 20.09
Expeditors Korea Ltd........................................ 20.09
Haem Co., Ltd............................................... 20.09
Hyundai Glovis Co., Ltd..................................... 20.09
Hyundai Steel Company....................................... 20.09
J.I. Sea & Air Express Co., Ltd............................. 20.09
Maxpeed Co., Ltd............................................ 20.09
Rames Logistics Co., Ltd.................................... 20.09
Sumitomo Corp. Korea Ltd.................................... 20.09
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days of the date of publication of this notice.\10\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\11\ 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.\12\ 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.\13\ Case and rebuttal
briefs should be filed using ACCESS.\14\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303.
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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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\15\ Hearing 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 issues raised in the briefs. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing to be held at the U.S. Department of Commerce,
1401 Constitution Avenue NW, Washington, DC 20230.\16\
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\17\
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\17\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon publication of the final results of this administrative
review, Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review.\18\
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\18\ See 19 CFR 351.212(b)(1).
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Pursuant to 19 CFR 351.212(b)(1), where the respondents reported
the entered value of its U.S. sales, we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of such sales. Where the respondent did not report
entered value, we will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales and the total quantity of those sales, in
accordance with 19 CFR 351.212(b)(1).\19\ We will also calculate
(estimated) ad valorem importer-specific assessment rates with which to
assess whether the per-unit assessment rate is de minimis. We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific ad valorem assessment
rate calculated in the final results of this review is not zero or de
minimis. Where either the respondent's ad valorem weighted-average
dumping margin is zero or de minimis, or an importer-specific ad
valorem assessment rate is zero or de minimis,\20\ we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties. We intend to instruct CBP to take into account the
``provisional measures deposit cap,'' in accordance with 19 CFR
351.212(d).
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\19\ 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 Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\20\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the weighted-average dumping
margin calculated for the POSCO single entity.
[[Page 34121]]
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by the POSCO single entity for
which the POSCO single entity did not know that the merchandise it sold
to the intermediary (e.g., a reseller, trading company, or exporter)
was destined for the United States. In such instances, 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.\21\
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\21\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 days after the date of
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the POSCO single
entity and all other companies subject to this review will be equal to
the weighted-average dumping margin established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for companies not
participating in this review, the cash deposit rate will continue to be
the company-specific cash deposit rate published for the most recently
completed segment; (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 cash deposit rate
established for the most recently completed segment for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 7.39 percent, the all-others rate
established in the LTFV investigation.\22\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\22\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096, 24098 (May 25, 2017).
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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 review period. 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
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 10, 2019.
Jeffrey I. Kessler,
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. Companies Not Selected for Individual Examination
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2019-15196 Filed 7-16-19; 8:45 a.m.]
BILLING CODE 3510-DS-P