[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 41955-41957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15051]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-881]


Certain Cold Rolled Steel Flat Products From the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review; 2017-
2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Hyundai 
Steel Company (Hyundai) and POSCO/POSCO Daewoo Co., Ltd. (POSCO/PDW), 
producers/exporters of certain cold rolled steel flat products (cold-
rolled steel) from the Republic of Korea (Korea), did not sell subject 
merchandise in the United States at prices below normal value during 
the period of review (POR) September 1, 2017 through August 31, 2018.

DATES: Applicable July 13, 2020.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Marc Castillo, 
AD/CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4475 or (202) 
482-0519, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 18, 2019, Commerce published the Preliminary Results of 
this administrative review.\1\ For a history of events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ We invited interested parties to comment on the 
Preliminary Results. Between January 3, 2020 and January 13, 2020, 
Commerce received timely filed case briefs and rebuttal briefs from 
various interested parties.
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    \1\ See Certain Cold Rolled Steel Flat Products from the 
Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2017-2018, 84 FR 63607 (November 18, 2019) 
(Preliminary Results) and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2017-2018 Administrative Review of the 
Antidumping Duty Order on Certain Cold-Rolled Steel Flat Products 
from the Republic of Korea,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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    On March 12, 2020, we extended the deadline for the final 
results.\3\ On April 24, 2020, Commerce tolled all deadlines in 
administrative reviews by 50 days, thereby extending these final 
results until July 6, 2020.\4\
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    \3\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products 
from the Republic of Korea: Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review,'' dated March 12, 2020.
    \4\ 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(a) of 
the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The product covered by the Order \5\ is cold-rolled steel the 
Republic of Korea. For a complete description of the scope of the 
Order, see the Issues and Decision Memorandum.
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    \5\ See Certain Cold Rolled Steel Flat Products from Brazil, 
India, the Republic of Korea, and the United Kingdom: Amended Final 
Affirmative Antidumping Determinations for Brazil and the United 
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20, 
2016) (Order).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted with this notice. The issues are identified 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 on the internet at 
http://

[[Page 41956]]

enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the margin calculations for POSCO/PDW and Hyundai Steel. For 
a discussion of these changes, see the Issues and Decision Memorandum.

Rates for Non-Examined Companies

    The Act and Commerce's regulations do not address the establishment 
of a rate 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 market economy investigation, for 
guidance when calculating the rate 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} .''
    For these final results, we have calculated 0.00 percent weighted-
average dumping margins for both Hyundai and POSCO/PDW, and we have not 
calculated any margins which are not zero, de minimis, or determined 
entirely on the basis of facts available. Accordingly, we have assigned 
to the companies not individually examined (i.e., Dongbu Steel Co., 
Ltd. and Dongbu Steel Incheon Steel Co., Ltd.) a margin of 0.00 
percent, which is the average of the margins calculated for POSCO/PDW 
and Hyundai.

Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period September 1, 2017 through August 31, 2018:

------------------------------------------------------------------------
                                                       Weighted- average
                  Producer/Exporter                      dumping margin
                                                           (percent)
------------------------------------------------------------------------
Hyundai Steel Company................................               0.00
POSCO/POSCO Daewoo Co., Ltd..........................               0.00
Non-Examined Companies...............................               0.00
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).

Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall 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. 
Commerce intends to issue assessment instructions to CBP 15 days after 
the date of publication of the final results of this administrative 
review in the Federal Register.
    Where a respondent reported reliable entered values of their U.S. 
sales, we calculated importer- (or customer-) specific ad valorem 
assessment rates by aggregating the dumping margins calculated for all 
U.S. sales to each importer (or customer) and dividing this amount by 
the total entered value of the sales to each importer (or customer).\6\ 
Where Commerce calculated a weighted-average dumping margin by dividing 
the total amount of dumping for reviewed sales to that party by the 
total sales quantity associated with those transactions, Commerce 
intends to direct CBP to assess importer- (or customer-) specific 
assessment rates based on the resulting per-unit rates.\7\ Where an 
importer- (or customer-) specific ad valorem or per-unit rate is 
greater than de minimis (i.e., 0.50 percent), Commerce intends to 
instruct CBP to collect the appropriate duties at the time of 
liquidation.\8\ Where an importer- (or customer-) specific ad valorem 
or per-unit rate is zero or de minimis, Commerce intends to instruct 
CBP to liquidate appropriate entries without regard to antidumping 
duties.\9\
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    \6\ See 19 CFR 351.212(b)(1).
    \7\ Id.
    \8\ Id.
    \9\ See 19 CFR 351.106(c)(2).
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    For the companies which were not selected for individual review, we 
intend to assign an assessment rate based on the methodology described 
in the ``Rates for Non-Examined Companies'' section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by POSCO/PDW, Hyundai 
Steel, or the non-examined companies for which the producer did not 
know that its merchandise was destined for the United States, we intend 
to instruct CBP to liquidate unreviewed entries at the all-others rate, 
if there is no rate for any intermediate company(ies) involved in the 
transaction.\10\
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    \10\ 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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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
review for all shipments of the subject merchandise 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 Hyundai, POSCO/PDW, and other companies listed in 
the final results of review will be equal to the weighted-average 
dumping margin 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 segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which they were reviewed; (3) if the exporter is not a 
firm covered in this review, or the original investigation, but the 
producer is, then the cash deposit rate will be the rate established 
for the most recently completed segment of this proceeding for the 
producer of the merchandise; (4) the cash deposit rate for all other 
producers or exporters will continue to be 20.33 percent,\11\ the all-
others rate established in the less-than-fair-value investigation. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \11\ See Order.
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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 certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. 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 Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the

[[Page 41957]]

disposition of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return/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 
sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 6, 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 Since the Preliminary Results
V. Rate for Non-Examined Companies
VI. Discussion of the Issues
    1. Existence of a Particular Market Situation
    2. Quantification of Particular Market Situation Adjustment
    3. Applicability of Particular Market Situation Adjustment to 
Self-Produced Inputs
    4. POSCO/PDW CEP Offset
    5. Hyundai Manufacturer Codes
VII. Recommendation

[FR Doc. 2020-15051 Filed 7-10-20; 8:45 am]
BILLING CODE 3510-DS-P