[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64122-64124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22433]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-884]


Certain Hot-Rolled Steel Flat Products From the Republic of 
Korea: Final Results of Countervailing Duty Administrative Review, 2017

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

SUMMARY: The Department of Commerce (Commerce) determines that Hyundai 
Steel Co., Ltd. (Hyundai Steel), a producer/exporter of certain hot-
rolled steel flat products (hot-rolled steel) from the Republic of 
Korea (Korea), received countervailable subsidies that are above de 
minimis. The period of review (POR) is January 1, 2017 through December 
31, 2017.

DATES: Applicable October 9, 2020.

FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401

[[Page 64123]]

Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0176.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this review on 
December 12, 2019.\1\ In addition, Commerce issued a post-preliminary 
determination related to an upstream subsidy allegation on electricity 
on March 11, 2020.\2\
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    \1\ See Certain Hot-Rolled Steel Flat Products from the Republic 
of Korea: Preliminary Results of Countervailing Duty Administrative 
Review, 2017, 84 FR 67927 (December 12, 2019) (Preliminary Results), 
and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Post-Preliminary Analysis Memorandum--
Upstream Subsidy on Electricity,'' dated March 11, 2020.
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    On March 19, 2020, we postponed the final results of this review 
until June 9, 2020.\3\ On April 24, 2020, Commerce tolled all deadlines 
in administrative reviews by 50 days.\4\ On July 21, 2020, Commerce 
tolled all deadlines in administrative reviews by an additional 60 
days, thereby extending the deadline for these final results until 
September 28, 2020.\5\ For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\6\
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    \3\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Korea: Extension of Deadline for Final Results 
of Countervailing Duty Administrative Review, 2017,'' dated March 
19, 2020.
    \4\ See Memorandum to the Record from Jeffrey I. Kessler, 
Assistant Secretary for Enforcement and Compliance, ``Tolling of 
Deadlines for Antidumping and Countervailing Duty Administrative 
Reviews in Response to Operational Adjustments Due to COVID-19,'' 
dated April 24, 2020.
    \5\ See Memorandum to the Record from Jeffrey I. Kessler, 
Assistant Secretary for Enforcement and Compliance, ``Tolling of 
Deadlines for Antidumping and Countervailing Duty Administrative 
Reviews'' dated July 21, 2020. All deadlines in this segment of the 
proceeding have been extended by an additional 60 days.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Countervailing 
Duty Order on Certain Hot-Rolled Steel Flat Products from the 
Republic of Korea; 2017,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The products covered by this order are hot-rolled steel flat 
products. For a complete description of the scope of the order, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues raised by 
interested parties and to which we responded in the Issues and Decision 
Memorandum is provided 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 http://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 the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    Based on the comments received from interested parties and record 
information, we have made changes to the subsidy calculations for 
Hyundai Steel. For a discussion of these issues, see the Issues and 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a financial contribution from a government or public 
entity that gives rise to a benefit to the recipient, and that the 
subsidy is specific.\7\ For a full description of the methodology 
underlying our conclusions, see the Issues and Decision Memorandum.
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    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    In making these findings, Commerce relied, in part, on facts 
available, pursuant to sections 776(a) and (b) of the Act. For further 
information, see ``Use of Facts Otherwise Available'' in the Issues and 
Decision Memorandum.

Final Results of Administrative Review

    In accordance with section 751(a)(1)(A) of the Act and 19 CFR 
351.221(b)(5), we determine the total estimated net countervailable 
subsidy rates for the period January 1, 2017 through December 31, 2017 
to be as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                        Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Hyundai Steel Co., Ltd.................................            0.51
------------------------------------------------------------------------

Disclosure

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

Assessment Rate

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
appropriate assessment instructions to U.S. Customs and Border 
Protection (CBP) 15 days after publication of these final results. We 
will instruct CBP to liquidate shipments of subject merchandise 
produced and/or exported by Hyundai Steel, entered or withdrawn from 
warehouse for consumption from January 1, 2017 through December 31, 
2017, at the ad valorem rate listed above.

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, we intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties, in the amount shown above, on shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. For all non-
reviewed firms, CBP will continue to collect cash deposits of estimated 
countervailing duties at the most recent company-specific or all others 
rate applicable to the company, as appropriate. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 
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 terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).


[[Page 64124]]


    Dated: September 28, 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. Changes Since the Preliminary Results
IV. Scope of the Order
V. Period of Review
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Discussion of Comments
    Comment 1: Whether the Electricity for Less Than Adequate 
Remuneration Upstream Subsidy Allegation Confers a Benefit
    Comment 2: Whether the Subsidy Rate for Industrial Technology 
Innovation Promotion Act Grants Was Improperly Calculated
    Comment 3: Whether the Tax Programs Under the Restriction of 
Special Location Taxation Act and Restriction of Special Taxation 
Act Meet the Specificity Requirement
    Comment 4: Whether the Trading of Demand Response Resources 
Program is Countervailable
    Comment 5: Whether the Modal Shift Program Confers a 
Countervailable Benefit
    Comment 6: Whether Commerce Correctly Measured the Benefit for 
Port Usage Rights at Incheon Harbor
    Comment 7: Whether the Suncheon Harbor Usage Fee Exemptions 
Under the Harbor Act Are Countervailable
    Comment 8: Whether Hyundai Green Power is Hyundai Steel's Cross-
Owned Input Supplier and Received Countervailable Benefits
X. Recommendation

[FR Doc. 2020-22433 Filed 10-8-20; 8:45 am]
BILLING CODE 3510-DS-P