[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Notices]
[Pages 27362-27364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09889]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate Products From
the Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 18, 2019, the Department of Commerce (Commerce)
published the preliminary results of the administrative review of the
antidumping duty order on certain cut-to-length carbon-quality steel
plate products (CTL plate) from the Republic of Korea (Korea). Based on
our analysis of the comments received, we continue to find that subject
merchandise has been sold at less than normal value.
DATES: Applicable May 8, 2020.
FOR FURTHER INFORMATION CONTACT: Allison Hollander or Michael A.
Romani, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2805
or (202) 482-0198, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 18, 2019, Commerce published the Preliminary Results of
this administrative review.\1\ The period of review (POR) is February
1, 2018 through January 31, 2019. We invited interested parties to
comment on the Preliminary Results and received case and rebuttal
briefs from interested parties.\2\
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\1\ See Certain Cut-to-Length Carbon-Quality Steel Plate
Products from the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2018-2019, 84 FR 69360
(December 18, 2019) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Dongkuk Steel Mill Co., Ltd.'s (Dongkuk's) Case Brief,
``Certain Cut-to-Length Carbon-Quality Steel Plate Products from the
Republic of Korea: Case Brief,'' dated January 17, 2020; Hyundai
Steel Company's (Hyundai Steel's) Case Brief, ``Certain Cut-to-
Length Carbon-Quality Steel Plate from Korea: Case Brief,'' dated
January 17, 2020; and Nucor Corporation's (the petitioner's) Case
Brief, ``Certain Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea: Case Brief,'' dated January 17, 2020; see also
Petitioner's Rebuttal Brief ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from the Republic of Korea: Rebuttal Brief,'' dated
January 27, 2020; and Dongkuk's Rebuttal Brief, ``Certain Cut-to-
Length Carbon-Quality Steel Plate from the Republic of Korea:
Rebuttal Brief,'' dated January 27, 2020.
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Commerce exercised its discretion to toll all deadlines affected by
the partial
[[Page 27363]]
federal government closure from December 22, 2018, through the
resumption of operations on January 29, 2019, including the Preliminary
Results.\3\ On April 8, 2020, we extended the deadline for these
results until April 30, 2020.\4\ On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by 50 days, thereby extending the
deadline for these results until June 19, 2020.\5\
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\3\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding were affected by the partial
federal government closure and were extended by 40 days. If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. See Notice
of Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005).
\4\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel
Plate Products from the Republic of Korea: Extension of Deadline for
Final Results of the Antidumping Duty Administrative Review,'' dated
April 8, 2020.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Commerce conducted this review in accordance with section 751 of
the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the order are certain CTL plate from Korea.
For a full description of the scope of the order, see the Issues and
Decision Memorandum.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review of Certain
Cut-to-Length Carbon-Quality Steel Plate Products from the Republic
of Korea; 2018-2019,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the Issues and Decision Memorandum. A list
of the issues raised is attached 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. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly 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 our analysis of comments received, we revised the
preliminary margin calculation for Dongkuk and Hyundai Steel. These
revisions resulted in changes to the margins for Dongkuk, Hyundai
Steel, and the respondents not selected for individual examination for
the final results of this review.\7\
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\7\ See Issues and Decision Memorandum for further details on
the changes we made for these final results; see also Memoranda,
``Certain Cut-to-Length Carbon-Quality Steel Plate Products from the
Republic of Korea: Final Analysis Memorandum for Dongkuk Steel Mill
Co., Ltd.,'' and ``Certain Cut-to-Length Carbon-Quality Steel Plate
Products from the Republic of Korea: Final Analysis Memorandum for
Hyundai Steel Company,'' both dated concurrently with this notice;
see also Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel
Plate Products from the Republic of Korea: Calculation of the Margin
for Respondents Not Selected for Individual Examination,'' dated
concurrently with this notice.
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Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the respondents for the period February 1, 2018 through
January 31, 2019:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Dongkuk Steel Mill Co., Ltd................................. 2.26
Hyundai Steel Company....................................... 2.49
BDP International........................................... 2.43
Sung Jin Steel Co., Ltd..................................... 2.43
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the final
results in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
For Dongkuk and Hyundai Steel, we calculated 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).\8\ For entries of subject merchandise during the POR
produced by Dongkuk or Hyundai Steel for which it did not know 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. For the
companies which were not selected for individual examination, BDP
International and Sung Jin Steel Co., Ltd., we will instruct CBP to
apply the rates listed above to all entries of subject merchandise
produced and/or exported by these firms. We intend to issue liquidation
instructions to CBP 15 days after publication of these final results of
review.
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\8\ In these final 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 Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice for all shipments of CTL plate from Korea
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 above will be equal
to the weighted-average dumping margins established in the final
results of this administrative review; (2) for merchandise exported by
producers or exporters not covered in this review but covered in a
prior completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the less-than-fair-value (LTFV) investigation but the
producer has been covered in a prior complete segment of this
proceeding, then the cash deposit rate will be the rate established for
the most recent period for the producer of the merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 0.98 percent,\9\ the all-others rate determined in the LTFV
investigation, adjusted for the export-subsidy rate in the companion
countervailing duty investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\9\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate
Products from the Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2016-2017, 83 FR 32629, 32630 (July 13,
2018).
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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
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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 the Secretary's
presumption that reimbursement of antidumping duties occurred and the
subsequent assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
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). 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 violation
subject to sanction.
Notification to Interested Parties
This notice is published in accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until May 19, 2020, unless
extended.\10\
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\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
Dated: May 1, 2020.
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. Changes to the Preliminary Results
V. Rates for Respondents Not Selected for Individual Examination
VI. Discussion of the Issue
Comment 1: Hyundai Steel's Window Period
Comment 2: Hyundai Steel's Constructed Export Price (CEP) Offset
Comment 3: Hyundai Steel's Other Discount
Comment 4: Dongkuk's Cost Smoothing
Comment 5: Dongkuk's Currency Conversion
VII. Recommendation
[FR Doc. 2020-09889 Filed 5-7-20; 8:45 am]
BILLING CODE 3510-DS-P