[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:

------------------------------------------------------------------------
                                                               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