[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Notices]
[Pages 13136-13138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04623]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Certain Cut-to-Length Carbon-Quality Steel Plate From the
Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review; Calendar Year 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Hyundai
Steel Co. (Hyundai Steel) and Dongkuk Steel Mill Co., Ltd. (DSM),
exporters/producers of certain cut-to-length plate from the Republic of
Korea (Korea), received de minimis net subsidy rates during the period
of review (POR)
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January 1, 2018 through December 31, 2018.
DATES: Applicable March 6, 2020.
FOR FURTHER INFORMATION CONTACT: John Conniff (for Hyundai Steel) or
Jolanta Lawska (for DSM), AD/CVD Operations, Office III, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-1009 or (202) 482-8362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2019, Commerce published a notice of initiation of an
administrative review \1\ of the countervailing duty order on certain
cut-to-length carbon quality steel plate from the Korea.\2\ On October
28, 2019, Commerce extended the due date of the preliminary results of
this administrative review until February 28, 2020.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 18777 (May 2, 2019) (Initiation).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 2816, 2818 (February 8, 2019).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of CVD Review,'' dated October 28, 2019.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included at 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 https://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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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, 2018:
Certain Cut-to-Length Carbon-Quality Steel Plate from the Republic
of Korea,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is certain cut-to-length
carbon-quality steel plate from Korea. For a complete description of
the scope of the order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\5\ For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act, regarding
financial contribution; section 771(5)(E) of the Act, regarding
benefit; and section 771(5A) of the Act, regarding specificity.
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Rate for Non-Selected Companies Under Review
The statute and Commerce's regulations do not directly address the
establishment of rates to be applied to companies not selected for
individual examination where Commerce limited its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation. We also note that section
777A(e)(2) of the Act provides that ``{t{time} he individual
countervailable subsidy rates determined under subparagraph (A) shall
be used to determine the all-others rate under section 705(c)(5) {of
the Act{time} .'' Section 705(c)(5)(A) of the Act states that for
companies not investigated, in general, we will determine an all-others
rate by using the weighted-average countervailable subsidy rates
established for each of the companies individually investigated,
excluding zero and de minimis rates or any rates based solely on the
facts available.
However, we preliminarily determine that DSM and Hyundai Steel
received countervailable subsidies that are de minimis. Therefore, in
these preliminary results, we are applying the de minimis net subsidy
rate calculated for Hyundai Steel and DSM to BDP International and Sung
Jin Steel Co., Ltd.
Preliminary Results of the Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated
individual subsidy rates for DSM and Hyundai Steel. For the period
January 1, 2018 through December 31, 2018, we preliminarily determine
that the following net subsidy rates for the producers/exporters under
review to be as follows:
------------------------------------------------------------------------
Subsidy
rate ad
Company valorem
(percent)
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Dongkuk Steel Mill Co., Ltd................................ * 0.15
Hyundai Steel Company...................................... * 0.49
BDP International.......................................... (*)
Sung Jin Steel Co., Ltd.................................... (*)
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* (De minimis).
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review. We intend to issue assessment instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, upon issuance of the
final results, Commerce intends to instruct CBP to collect cash
deposits of estimated countervailing duties for each of the companies
listed above on shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this administrative review, except, where the rate
calculated in the final results is zero or de minimis, no cash deposit
will be required. For all non-reviewed companies, we will instruct CBP
to collect cash deposits of estimated countervailing duties at the most
recent company-specific or all-others rate applicable to the company,
as appropriate. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\6\
Interested parties may submit written arguments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within five days after the time limit for filing the
case briefs.\7\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs may
respond only to issues raised in the case briefs. Parties who submit
arguments are
[[Page 13138]]
requested to submit with the argument: (1) Statement of the issue; (2)
a brief summary of the argument; and (3) a table of authorities.\8\
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 19 CFR
351.303 (for general filing requirements).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, within 30 days after the date
of publication of this notice.\9\ Requests should contain (1) the
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. If a
request for a hearing is made, we will inform parties of the scheduled
date for the hearing, which will be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and location to be determined.\10\ Parties should confirm by telephone
the date, time, and location of the hearing.
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\9\ See 19 CFR 351.310(c).
\10\ See 19 CFR 351.310.
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Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce will issue the final results of this administrative
review, including the results of our analysis of the issues raised by
parties in their comments, within 120 days after issuance of these
preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213.
Dated: February 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Preliminary Ad Valorem Rate for Non-Selected Companies Under
Review
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2020-04623 Filed 3-5-20; 8:45 am]
BILLING CODE 3510-DS-P