[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Pages 48118-48120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19797]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Corrosion-Resistant Steel Products From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminary determines
that producers and/or exporters subject to this administrative review
did not made sales of subject merchandise at less than normal value
(NV) during the period of review (POR), July 1, 2017 through June 30,
2018. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable September 12, 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 (202) 482-0197,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce published in the Federal Register an
antidumping duty order on corrosion-resistant steel products (CORE)
from the Republic of Korea (Korea).\1\ On July 3, 2018, we published a
notice of opportunity to request an administrative review of the
Order.\2\ On September 10, 2018, we initiated this review with respect
to 16 producers and/or exporters of the subject merchandise based on
timely filed requests.\3\ Commerce selected Dongkuk Steel Mill Co.,
Ltd. (Dongkuk), and Hyundai Steel Company (Hyundai) for individual
examinations. For a complete description of the events that followed
the initiation of this review, see the Preliminary Decision
Memorandum.\4\ A list of the topics discussed in the Preliminary
Decision Memorandum is attached as the appendix to this notice. 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 http://access.trade.gov, and
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 http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
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\1\ 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); and Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea, and
Taiwan: Notice of Correction to the Antidumping Duty Orders, 81 FR
58475 (August 25, 2016) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 31121 (July 3, 2018).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 45596 (September 10, 2018) (Initiation
Notice); see also Dongbu Steel, Co., Ltd.'s Letter, ``Corrosion-
Resistant Steel Products from Korea, Case No. A-580-878: Request for
Administrative Review,'' dated July 26, 2018; Dongbu Incheon Steel
Co., Ltd.'s Letter, ``Corrosion-Resistant Steel Products from Korea,
Case No. A-580-878: Request for Administrative Review,'' dated July
27, 2018; Dongkuk Steel Mill Co., Ltd.'s Letter, ``Certain
Corrosion-Resistant Steel Products from the Republic of Korea:
Request for Administrative Review for the Period July 1, 2017-June
30, 2018,'' dated July 30, 2018; Hyundai Steel Company's Letter,
``Corrosion-Resistant Steel Products (CORE) from the Republic of
Korea: Administrative Review Request,'' dated July 31, 2018; and
ArcelorMittal USA LLC, AK Steel Corporation, California Steel
Industries, Inc., Steel Dynamics Inc., Nucor Corporation, and United
States Steel Corporation's (collectively, petitioners) Letter,
``Corrosion-Resistant Steel Products from the Republic of Korea:
Petitioners' Request for Administrative Review,'' dated July 31,
2018.
\4\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Certain
Corrosion-Resistant Steel Products from the Republic of Korea, 2017-
2018,'' dated September 6, 2019 (Preliminary Decision Memorandum).
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On January 28, 2019, 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\ On April 30, 2019, Commerce postponed the preliminary results
of this review until September 6, 2019.\6\
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\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, ``Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Antidumping Administrative Review,'' dated April 30,
2019.
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Scope of the Order
The products covered by this order are certain flat-rolled steel
products, either clad, plated, or coated with corrosion-resistant
metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-
based alloys, whether or not corrugated or painted, varnished,
laminated, or coated with plastics or other non-metallic substances in
addition to the metallic coating. A full description of the scope of
the order is contained in the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this 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 (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.
Preliminary Determination of No Shipments
Samsung C&T Corporation (Samsung C&T), Hyosung Corporation
(Hyosung) and Hyosung TNC each timely submitted certifications that
they made no shipments of subject merchandise to the United States
during the POR.\7\
[[Page 48119]]
Based on each company's certification and our analysis of U.S. Customs
and Border Protection (CBP) information, we preliminarily determine
that these companies had no reviewable transactions during the POR.
Consistent with our practice, we are not preliminarily rescinding the
review with respect to these companies. Rather, we will complete the
review for these companies and issue appropriate instructions to CBP
based on the final results of this review. For additional information
regarding this determination, see the Preliminary Decision Memorandum.
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\7\ See Samsung C&T's Letter, ``Antidumping Duty Administrative
Review of Corrosion-Resistant Steel Products (CORE) from the
Republic of Korea: Notice of No Sales,'' dated October 2, 2018; see
also Hyosung TNC's Letter, ``Certain Corrosion-Resistant Steel
Products from the Republic of Korea: No Shipment Letter,'' dated
October 10, 2018.
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Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin 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 less-than-fair-value (LTFV) investigation, for guidance when
calculating the weighted-average dumping margin 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} .'' However, section 735(c)(5)(B) of the Act states
that if the weighted-average dumping margins for all individually
examined exporters or producers are zero or de minimis or based
entirely on facts available, then Commerce may use ``any reasonable
method'' to establish the all-others rate, including averaging the
weighted-average dumping margins for the individually examined
companies.
Consistent with section 735(c)(5)(B) of the Act, we have determined
that a reasonable method for determining the weighted-average dumping
margin for each of the non-selected companies is to use the weighted-
average dumping margin calculated for the mandatory respondents in this
administrative review. Although the weighted-average dumping margin
calculated for both mandatory respondents is zero, these are the only
rates calculated in this review and, thus, Commerce has determined the
weighted-average dumping margin for the non-examined companies to be
zero.\8\
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\8\ See Certain Lined Paper Products from India: Final Results
of Antidumping Duty Administrative Review; 2016-2017, 84 FR 23017
(May 21, 2019).
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Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period July 1, 2017
through June 30, 2018:
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Weighted-
average
Exporter/ producer dumping
margin
(percent)
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Dongkuk Steel Mill Co., Ltd................................. 0.00
Hyundai Steel Company....................................... 0.00
Non-Examined Companies \9\.................................. 0.00
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Assessment Rates
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\9\ The Non-Examined Companies are: (1) Anjeon Tech Co., Ltd.,
(2) Benion Corp., (3) Dongbu Steel, Co., Ltd., (4) Dongbu Incheon
Steel Co., Ltd., (5) GS Global Corp., (6) Kima Steel Corporation
Ltd., (7) Mitsubishi Corp. (Korea) Ltd., (8) POSCO, (9) POSCO Coated
& Color Steel Co., Ltd., (10) POSCO Daewoo Corporation, (11) SeAH
Coated Metal Corporation, (12) Young Steel Co., Ltd.
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Upon issuance of the final results in this administrative review,
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries in accordance with 19 CFR 351.212(b)(1). Where
the mandatory respondents reported the entered value for their U.S.
sales, we calculated 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 the sales for which
entered value was reported. Where the mandatory respondents did not
report entered value, we calculated the entered value in order to
calculate the assessment rate. Where either the respondent's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis,
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average of the cash deposit
rates calculated for the two mandatory respondents. 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.\10\
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\10\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by the
respondent for which it did not know that its 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 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 each specific
company listed above will be that 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 previously
investigated companies not participating in this review, the cash
deposit will continue to be the company-specific rate published for the
most recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this review,
or the underlying investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recent segment
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 8.32
percent, the all-others rate established in the underlying
investigation.\11\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\11\ 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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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to
[[Page 48120]]
interested parties within five days after the date of publication of
this notice.\12\
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\12\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs for all issues except the
alleged particular market situations no later than 30 days after the
date of publication of this notice.\13\ Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than five days
after the deadline date for case briefs.\14\ 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.\15\ Case and rebuttal
briefs should be filed using ACCESS.\16\
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\13\ Commerce will issue a briefing schedule for the alleged
particular market situation at a date to be determined.
\14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ 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, filed electronically via
ACCESS. An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\17\ 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.\18\
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\17\ See 19 CFR 351.310(c); 19 CFR 351.303(b)(1).
\18\ See 19 CFR 351.310(c).
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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 these preliminary results in the Federal Register, unless otherwise
extended.\19\
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\19\ See Section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a preliminary 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 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 results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 6, 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. Preliminary Determination of No Shipments
VI. Affiliation and Collapsing
VII. Particular Market Situation
VIII. Comparisons to Normal Value
IX. Date of Sale
X. Export Price and Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2019-19797 Filed 9-11-19; 8:45 am]
BILLING CODE 3510-DS-P