[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Pages 45165-45167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16200]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-887]


Carbon and Alloy Steel Cut-to-Length Plate from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative Review; 
2018-2019 and Partial Rescission of Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on carbon and alloy 
steel cut-to-length plate from the Republic of Korea. The period of 
review (POR) is May 1, 2018, through April 30, 2019. The review covers 
one producer/exporter of the subject merchandise, POSCO/POSCO 
International Corporation (successor in interest to POSCO Daewoo 
Corporation)/POSCO Processing & Service Co., Ltd. and its affiliated 
companies (collectively, the POSCO single entity). We preliminarily 
determine that sales of subject merchandise by the POSCO single entity 
were not made at prices below normal value (NV). Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable July 27, 2020.

FOR FURTHER INFORMATION CONTACT: Michael Bowen or William Horn, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0768 or (202) 
482-4868, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 15, 2019, based on a timely request for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review of the antidumping duty order on certain carbon and alloy steel 
cut-to-length plate from the Republic of Korea \1\ for twelve 
companies.\2\ On September 4, 2019, we selected POSCO/POSCO Daewoo 
Corporation \3\/POSCO Processing & Service Co., Ltd. for individual 
examination as the sole mandatory respondent in this administrative 
review.\4\ Additionally, on October 9, 2019 the petitioners withdrew 
their request for review of all companies except for this entity.\5\
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    \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
Austria, Belgium, France, the Federal Republic of Germany, Italy, 
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative 
Antidumping Determinations for France, the Federal Republic of 
Germany, the Republic of Korea and Taiwan, and Antidumping Duty 
Orders, 82 FR 24096 (May 25, 2017) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administration Reviews, 84 FR 33739 (July 15, 2019) (Initiation 
Notice).
    \3\ Based on the record evidence in this review, we are 
preliminarily finding POSCO International Corporation to be the 
successor in interest to POSCO Daewoo Corporation. For a full 
discussion of the proprietary details of Commerce's analysis 
regarding the successor-in-interest finding, see Memorandum, 
``Certain Carbon and Alloy Steel Cut-to-Length Plate from the 
Republic of Korea: POSCO Affiliation and Collapsing Memorandum,'' 
dated concurrently with this memorandum (Affiliation and Collapsing 
Memorandum).
    \4\ See Memorandum, ``2018-2019 Administrative Review of Carbon 
and Alloy Steel Cut-to-Length Plate from the Republic of Korea: 
Respondent Selection,'' dated September 4, 2019.
    \5\ See Petitioners' Letter, ``Carbon and Alloy Steel Cut-To-
Length Plate from the Republic of Korea--Petitioners' Partial 
Withdrawal of Administrative Review Request,'' dated October 9, 
2019.
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    In December 2019, we extended the deadline for these preliminary 
results until May 29, 2020.\6\ On April 24, 2020,

[[Page 45166]]

Commerce tolled all deadlines in administrative reviews by 50 days, 
thereby extending the deadline for these preliminary results until July 
20, 2020.\7\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\8\
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    \6\ See Memorandum, ``Carbon and Alloy Steel Cut-To-Length Plate 
from the Republic of Korea: Extension of the Deadline for 
Preliminary Results of the Antidumping Duty Administrative Review; 
2018-2019,'' dated December 31, 2019.
    \7\ 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.
    \8\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review; 2018-2019: 
Certain Carbon and Alloy Steel Cut-to-Length 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 subject to the Order is Carbon and Alloy Steel Cut-
to-Length Plate. For a complete description of the subject merchandise, 
please see the Preliminary Decision Memorandum. The product is 
currently classified under the Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings 7208.40.3030, 7208.40.3060, 7208.51.0030, 
7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 
7226.20.0000, and 7226.91.5000.
    The products subject to the Order may also enter under the 
following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500, 
7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
7212.50.0000, 7214.10.000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110, 
7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090, 
7206.11.1000, 7226.11.9060, 7229.19.1000, 7226.19.9000, 7226.91.0500, 
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 
7226.91.8000, and 7226.99.0180. The HTSUS subheadings are provided for 
convenience and customs purposes only; the written product description 
of the scope of the Order is dispositive.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws its request within 90 days of the date of 
publication of the notice of initiation. We initiated a review of 12 
companies for this segment of the proceeding and published notice of 
the initiation on July 15, 2019.\9\ All requests for review of the 
following producers/exporters were timely withdrawn: Buma Ce Co., Ltd., 
Dong Yang Steel Pipe Co., Ltd., Dongkuk Steel Mill Co., Ltd., 
Expeditors Korea Ltd., Haem Co., Ltd., Hyundai Glovis Co., Ltd., 
Hyundai Steel Company, J.I. Sea & Air Express Co., Ltd., Maxpeed Co., 
Ltd., Ramses Logistics Co., Ltd., and Sumitomo Corp. Korea Ltd.\10\ 
Accordingly, Commerce is rescinding the administrative review with 
respect to these eleven companies, in accordance with 19 CFR 
351.213(d)(1). The review will continue with respect to the POSCO 
single entity.\11\
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    \9\ See Initiation Notice.
    \10\ See Petitioners' Letter, ``Carbon and Alloy Steel Cut-To-
Length Plate from the Republic of Korea--Petitioners' Partial 
Withdrawal of Administrative Review Request,'' dated October 9, 
2019.
    \11\ Commerce preliminarily determines that POSCO, POSCO 
International Corporation (successor in interest to POSCO Daewoo 
Corporation), POSCO Processing & Service Co., Ltd., and certain 
distributors and service centers (Taechang Steel Co., Ltd., Winsteel 
Co., Ltd., Moonbae Steel Co., Ltd., Dae Dong Steel Co., Ltd., 
Shinjin Esco Co., Ltd., Shilla Steel Co., Ltd., and POSCO Plate 
Fabricating Division) are affiliated pursuant to section 771(33)(E) 
of the Act, and that these companies should be treated as a single 
entity (collectively, the POSCO single entity) pursuant to 19 CFR 
351.401(f). Our collapsing determination with respect to Moonbae 
Steel Co., Ltd. and Dae Dong Steel Co., Ltd. relates only to the 
portion of the POR during which these companies were affiliated with 
POSCO, i.e., from May 1, 2018 to July 2, 2018, and from May 1, 2018 
to June 20, 2018, respectively. See Affiliation and Collapsing 
Memorandum.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) 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. 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, dated 
concurrently with these results and hereby adopted by 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. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an Appendix to this notice.

Preliminary Results of the Review

    We preliminarily find that a weighted-average dumping margin of 
zero percent exists for the POSCO single entity for the period May 1, 
2018 through April 30, 2019.\12\ Therefore, Commerce preliminarily 
determines that the POSCO single entity did not make sales of subject 
merchandise at prices below NV during the POR.
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    \12\ See Preliminary Decision Memorandum
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b).
    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\13\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than seven days after the date for filing case briefs.\14\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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. Case and rebuttal 
briefs should be filed using ACCESS.\15\
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    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 
2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
are in effect).'').
    \15\ See 19 CFR 351.303.
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    All submissions to Commerce must be filed electronically using 
ACCESS and must also be served on interested parties.\16\ An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time on the date that the document is due. Note that Commerce 
has temporarily modified certain of its

[[Page 45167]]

requirements for serving documents containing business proprietary 
information, until further notice.\17\
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    \16\ See 19 CFR 351.303(f).
    \17\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice. \18\ 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 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, Commerce intends to hold the hearing at a time 
and date to be determined. Parties should confirm the date and time of 
the hearing two days before the scheduled date.
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    \18\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iv) of the Act and 19 CFR 351.213(h)(2), 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 this notice.\19\
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    \19\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates

    Upon publication of the final results of this administrative 
review, Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review.\20\
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    \20\ See 19 CFR 351.212(b)(1).
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    Commerce will calculate importer-specific antidumping duty 
assessment rates when a respondent's weighted average dumping margin is 
not zero or de minimis (i.e., less than 0.5 percent). Pursuant to 19 
CFR 351.212(b)(1), where the respondent reported the entered value of 
its U.S. sales, we will calculate 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 such 
sales. Where the respondent did not report entered value, we will 
calculate importer-specific assessment rates on the basis of the ratio 
of the total amount of dumping calculated for the importer's examined 
sales and the total quantity of those sales, in accordance with 19 CFR 
351.212(b)(1).\21\ We will also calculate (estimated) ad valorem 
importer-specific assessment rates with which to assess whether the 
per-unit assessment rate is de minimis . We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when either the respondent's weighted-average dumping margin is not 
zero or de minimis or the importer-specific ad valorem assessment rate 
calculated in the final results of this review is not zero or de 
minimis. Where either the respondent's ad valorem weighted-average 
dumping margin is zero or de minimis, or an importer-specific ad 
valorem assessment rate is zero or de minimis,\22\ we will instruct CBP 
to liquidate the appropriate entries without regard to antidumping 
duties.
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    \21\ In these preliminary 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 Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \22\ See 19 CFR 351.106(c)(2).
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    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by the POSCO single entity for 
which it did not know that the merchandise it sold to the intermediary 
(e.g., a reseller, trading company, or exporter) was destined for the 
United States. In such instances, 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.\23\
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    \23\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    We intend to issue instructions to CBP 15 days after the date of 
publication of the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for the POSCO single entity will be the rate established in the final 
results of this review, except if the rate is de minimis within the 
meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.5 percent), in which 
case the cash deposit rate will be zero; (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; (3) if the exporter is not a firm covered in this review, a 
prior 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 for the producer of the merchandise; and (4) 
the cash deposit rate for all other producers or exporters will 
continue to be 7.39 percent, the all-others rate established in the 
less-than-fair-value investigation.\24\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \24\ See Order.
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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)(2) 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 the Secretary'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, and 19 CFR 351.221(b)(4).

    Dated: July 20, 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. Scope of the Order
IV. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2020-16200 Filed 7-24-20; 8:45 am]
BILLING CODE 3510-DS-P