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