[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Pages 63079-63081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22053]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-883]


Certain Hot-Rolled Steel Flat Products From the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review and 
Rescission of Administrative Review, in Part; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) determines that the 
producer/exporter individually examined in this administrative review 
made sales of certain hot-rolled steel flat products (hot-rolled steel) 
from the Republic of Korea (Korea) at less than normal value during the 
period of review October 1, 2017 through September 30, 2018.

DATES: Applicable October 6, 2020.

FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3251.

SUPPLEMENTARY INFORMATION: 

Background

    This review covers two producers and/or exporters of the subject 
merchandise. Commerce selected one mandatory respondent for individual 
examination: Hyundai Steel Company (Hyundai). We are rescinding the 
review for the remaining producer/exporter which was not selected for 
individual examination, POSCO and POSCO Daewoo Corporation 
(collectively, POSCO). For further discussion, see the ``Rescission of 
Review as to POSCO'' section of this notice.
    On December 16, 2019, Commerce published the Preliminary 
Results.\1\ On January 30, 2020, the petitioners \2\ and Hyundai each 
timely filed a case brief.\3\ The petitioners and Hyundai each timely 
filed a rebuttal brief on February 13, 2020.\4\
---------------------------------------------------------------------------

    \1\ See Certain Hot-Rolled Steel Flat Products from the Republic 
of Korea: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2017-2018, 84 
FR 68407 (December 16, 2019) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum.
    \2\ The petitioners are ArcelorMittal USA, LLC; AK Steel 
Corporation; Nucor Corporation; Steel Dynamics, Inc.; SSAB 
Enterprises, LLC; and United States Steel Corporation.
    \3\ See Petitioners' Letter, ``Petitioners' Case Brief Regarding 
Hyundai Steel,'' dated January 30, 2020; and Hyundai's Letter, 
``Certain Hot-Rolled Steel Flat Products from the Republic of Korea, 
2017-2018, Case No. A-580-883: Hyundai Steel's Case Brief,'' dated 
January 30, 2020.
    \4\ See Petitioners' Letter, ``Petitioners' Rebuttal Brief,'' 
dated February 13, 2020; and Hyundai's Letter, ``Certain Hot-Rolled 
Steel Flat Products from the Republic of Korea, 2017-2018, Case No. 
A-580-883: Hyundai Steel's Rebuttal Brief,'' dated February 13, 
2020.
---------------------------------------------------------------------------

    On March 12, 2020, Commerce fully extended the deadline for the 
final results of this review to June 12, 2020.\5\

[[Page 63080]]

On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\6\ On July 21, 2020, Commerce tolled all deadlines 
in administrative reviews by an additional 60 days.\7\ The deadline for 
the final results of this review is now September 30, 2020. Commerce 
conducted this administrative review in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Korea: Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review, 2017-2018,'' dated March 
12, 2020.
    \6\ 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.
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is certain hot-rolled steel 
flat products.\8\ For a full description of the scope of this order, 
see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \8\ For a complete description of the scope of the order, see 
Memorandum, ``Issues and Decision Memorandum for the Final Results 
of the 2017-2018 Antidumping Duty Administrative Review of Certain 
Hot-Rolled Steel Flat Products from the Republic of Korea, and 
Rescission of Administrative Review, in Part'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised by the parties in their case and rebuttal briefs 
are listed in the appendix to this notice and are addressed in the 
Issues and Decision Memorandum. 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

    In the Preliminary Results, we determined that POSCO had ``no 
shipments'' of subject merchandise. Further, we assigned a weighted-
average dumping margin to POSCO in error in the Preliminary Results. 
For these final results, we are rescinding this review with respect to 
POSCO because we find that, although POSCO had a shipment of subject 
merchandise during the POR, POSCO did not have a reviewable sale during 
the POR. As a result, we are not assigning POSCO a weighted-average 
dumping margin in these final results of review.
    Additionally, with respect to Hyundai, we made changes to the 
margin program to eliminate the inadvertent double counting of costs in 
the Preliminary Results. For discussion of these changes, see the 
Issues and Decision Memorandum.

Rescission of Review as to POSCO

    As noted in the Preliminary Results, we received a claim of ``no 
reviewable entries, exports or sales'' from POSCO.\9\ In the 
Preliminary Results, we preliminarily determined that POSCO had no 
shipments during the POR. The petitioners and POSCO commented on our 
preliminary determination of no shipments with respect to POSCO.\10\ 
For these final results, we find that POSCO had no reviewable sales 
during this POR, and thus we are rescinding our review with respect to 
POSCO for these final results. For further discussion, see Section V in 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \9\ See POSCO's Letters, ``Hot-Rolled Steel from the Republic of 
Korea, Case No. A-580-883: Comments on CBP Entry Documents,'' dated 
February 18, 2020; and ``Certain Hot-Rolled Steel Flat Products from 
South Korea, Case No. A-580-883: No Shipment Letter,'' dated January 
10, 2019.
    \10\ See Petitioners' Letter, ``Hot-Rolled Steel Flat Product 
from the Republic of Korea--Petitioner's Comments on U.S. Customs 
and Border Production Entry Documents,'' dated February 18, 2020; 
and POSCO's Letter, ``Hot-Rolled Steel from the Republic of Korea, 
Case No. A-580-883: Comments on CBP Entry Documents,'' dated 
February 18, 2020.
---------------------------------------------------------------------------

Final Results of the Review

    We are assigning the following weighted-average dumping margin to 
the firm listed below for the POR October 1, 2017 through September 30, 
2018:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Hyundai Steel Company......................................        0.89
------------------------------------------------------------------------

Disclosure

    We will disclose to interested parties the calculations performed 
in connection with these final results within five days of the 
publication of this notice, consistent 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 Hyundai, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce has 
calculated importer-specific antidumping duty assessment rates. We 
calculated importer-specific antidumping duty assessment rates by 
aggregating the total amount of dumping calculated for the examined 
sales of each importer and dividing each of these amounts by the total 
sales value associated with those sales. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
where an importer-specific assessment rate is not zero or de minimis. 
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate 
without regard to antidumping duties any entries for which the 
importer-specific assessment rate is zero or de minimis.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Hyundai, for which 
Hyundai did not know that the 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.\11\
---------------------------------------------------------------------------

    \11\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Because we are rescinding our review as to POSCO, we will instruct 
CBP to liquidate merchandise entered, or withdrawn from warehouse, for 
consumption during the POR at the cash deposit rate required at the 
time of entry.
    Commerce intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided by section 751(a)(2)(C) of 
the Act: (1) The cash deposit rate for Hyundai will be the rate shown 
above; (2) the cash deposit rate for POSCO will remain unchanged from 
the rate assigned to it in the most recently completed review of that 
company; (3) for merchandise exported by producers or exporters not

[[Page 63081]]

covered in this administrative review but covered in a prior segment of 
this proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this 
proceeding; (4) if the exporter is not a firm covered in this review, a 
previous review, or the original less-than-fair-value (LTFV) 
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 subject merchandise; and (5) the 
cash deposit rate for all other producers or exporters will continue to 
be 5.55 percent, the all-others rate established in the LTFV 
investigation.\12\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \12\ See Certain Hot-Rolled Steel Flat Products from the 
Republic of Korea: Final Determination of Sales at Less Than Fair 
Value, 81 FR 53419 (August 12, 2016).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as the only 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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as 
a reminder to parties subject to administrative protective order (APO) 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under the APO, which continues to 
govern business proprietary information in this segment of the 
proceeding. 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 terms of an APO 
is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) 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 
further notice.\13\
---------------------------------------------------------------------------

    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).

    Dated: September 30, 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. Rescission of Review as to POSCO
VI. Discussion of the Issues
    Comment 1: Whether and How a Cost-Based Particular Market 
Situation (PMS) Exists
    Comment 2: Whether Commerce Has the Statutory Authority To 
Adjust the Cost of Production
    Comment 3: Calculating the PMS Adjustment
    Comment 4: Steel Quality Code ``43''
    Comment 5: Hyundai Corporation USA's Indirect Selling Expense 
Ratio
    Comment 6: Rate Assigned for POSCO
    Comment 7: Double Deduction of U.S. Packing and Inventory 
Carrying Costs
VII. Recommendation

[FR Doc. 2020-22053 Filed 10-5-20; 8:45 am]
BILLING CODE 3510-DS-P