[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Notices]
[Pages 74987-74989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25941]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-878]


Certain Corrosion-Resistant Steel Products From the Republic of 
Korea: Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain corrosion-resistant steel products (CORE) from the 
Republic of Korea (Korea) were sold in the United States at less than 
normal value during the period of review of July 1, 2018 through June 
30, 2019.

DATES: Applicable November 24, 2020.

FOR FURTHER INFORMATION CONTACT: Leo Ayala, Elfi Blum, or Lingjun Wang, 
AD/CVD Operations, Office VII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
3945, (202) 482-0197, or (202) 482-2316, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 3, 2016, Commerce published the antidumping duty order 
on CORE from Korea.\1\ Commerce initiated this administrative review on 
September 9, 2019.\2\ This review covers eleven companies,\3\ of which 
we collapsed Dongbu Steel Co., Ltd and Dongbu Incheon Steel Co., Ltd. 
as single entity (i.e., Dongbu) for antidumping purposes, and selected 
Dongbu, Dongkuk, and Hyundai as mandatory respondents.\4\
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    \1\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 47242 (September 9, 2019).
    \3\ The eleven companies are: Dongbu Steel Co., Ltd, Dongbu 
Incheon Steel Co., Ltd., Dongkuk Steel Mill Co., Ltd. (Dongkuk), 
Hyundai Steel Company (Hyundai), POSCO Ltd., POSCO Daewoo 
Corporation, POSCO International Corporation, POSCO Coated & Color 
Steel Co., Hoa Sen Group (HSG), Ton Dong A Corporation (TDA), and 
Nippon Steel and Sumikin Sales Vietnam Co. (NSSVC).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results and Partial Rescission of Antidumping duty Administrative 
Review: Certain Corrosion-Resistant Steel Products from the Republic 
of Korea, 2018-2019,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
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    On July 31, 2019, Metal One America, Inc., Mitsui & Co. (U.S.A.) 
Inc., and Stemcor USA Inc. each requested a review of Vietnamese 
producers and/or exporters: Nippon Steel and Sumikin Sales Vietnam Co. 
(NSSVC), Hoa Sen Group (HSG), and Ton Dong A Corporation (TDA).\5\ On 
the same day, HSG and TDA requested a review of themselves.\6\
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    \5\ Preliminary Decision Memorandum.
    \6\ Id.
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    On October 30, 2020, we issued a questionnaire to NSSVC, HSG, and 
TDA.\7\ The current due date for NSSVC, HSG, and TDA to response the 
questionnaire is November 23, 2020. We will analyze their responses and 
make a determination after the preliminary results.
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    \7\ Id.
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    On March 23, 2020, we extended the deadline for the preliminary 
results of this review until July 30, 2020.\8\ On April 24, 2020, 
Commerce tolled all deadlines in administrative reviews by 50 days.\9\ 
Subsequently, on July 21, 2020, Commerce tolled all preliminary and 
final results in administrative reviews by an additional 60 days.\10\ 
The deadline for the preliminary results of this review is now November 
17, 2020. For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\11\
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    \8\ See Memorandum, ``Certain Corrosion-Resistant Steel Products 
from the Republic of Korea: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 23, 
2020.
    \9\ 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.
    \10\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \11\ See Preliminary Decision Memorandum.
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Partial Rescission

    On December 6, 2019, the petitioners timely withdrew their review 
request for 19 companies.\12\ As no other party requested a review of 
those companies, we are rescinding this administrative review with 
respect to those companies, pursuant to 19 CFR 351.213(d)(1).
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    \12\ Id. These companies are: Ajin H and S Co., Ltd., Anjeon 
Tech Co., Ltd., Benion Corp., Daeho P C Co., Ltd., GS Global Corp., 
Hanwa (Korea) Co., Ltd., Hyosung Corporation, Korea CNC Co., Ltd., 
Kima Steel Corporation Ltd., Kyoungdo Steel Co., Ltd., Mitsubishi 
Corp. (Korea) Ltd., Roser Co., Ltd., Samsung Corp., Samsung C&T 
Corp., SeAH Steel, SeAH Coated Metal Corp., Seun Steel, SK Networks 
Co., Ltd., Young Steel Co., Ltd.
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Scope of the Order

    The merchandise covered by the order is CORE from Korea. For a 
complete description of the scope of the order, see the Preliminary 
Decision Memorandum.\13\
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    \13\ Id.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price and export price were calculated in accordance 
with section 772 of the Act. Normal value 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. A 
list of topics discussed in the Preliminary Decision Memorandum is 
attached as an appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically

[[Page 74988]]

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 directly 
at http://enforcement.trade.gov/frn/index.html. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Rate for Non-Examined Companies

    The statute 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} .''
    In this review, the preliminarily estimated weighted-average 
dumping margins for Dongbu and Dongkuk are not zero, de minimis, or 
based entirely on facts otherwise available, and for Hyundai is zero. 
Commerce calculated the rate for non-examined companies using a 
weighted average of the estimated weighted-average dumping margins 
calculated for Dongbu and Dongkuk using each company's publicly ranged 
values for the subject merchandise.\14\
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    \14\ For a complete analysis of the data, please see Preliminary 
Decision Memorandum. Commerce normally calculates (A) a weighted-
average of the estimated weighted-average dumping margins calculated 
for the examined respondents; (B) a simple average of the estimated 
weighted-average dumping margins calculated for the examined 
respondents; and (C) a weighted-average of the estimated weighted-
average dumping margins calculated for the examined respondents 
using each company's publicly ranged U.S. sale values of the subject 
merchandise. Commerce then selects from (B) and (C) the rate closest 
to (A) as the most appropriate rate for non-examined companies. See 
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, 
and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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Preliminary Results

    We preliminarily determine the following weighted-average dumping 
margins for the period July 1, 2018 through June 30, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Dongbu Steel Co., Ltd.......................................        0.75
Dongkuk Steel Mill Co., Ltd.................................        0.56
Hyundai Steel Corporation...................................        0.00
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          Exporter/Producer Not Selected for Individual Review
------------------------------------------------------------------------
POSCO, POSCO Daewoo Corporation and POSCO International             0.64
 Corporation................................................
POSCO Coated & Color Steel Co., Ltd.........................        0.64
------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. For any individually examined respondent whose weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5 
percent) in the final results of this review and the respondent 
reported reliable entered values, we will calculate importer-specific 
ad valorem assessment rates for the merchandise based on the ratio of 
the total amount of dumping calculated for the examined sales made 
during the POR to each importer and the total entered value of those 
same sales, in accordance with 19 CFR 351.212(b)(1). If the respondent 
has not reported reliable entered values, we will calculate a per-unit 
assessment rate for each importer by dividing the total amount of 
dumping calculated for the examined sales made to that importer by the 
total sales quantity associated with those transactions. Where an 
importer-specific ad valorem assessment rate is zero or de minimis in 
the final results of review, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties in accordance 
with 19 CFR 351.106(c)(2). If a respondent's weighted-average dumping 
margin is zero or de minimis in the final results of review, we will 
instruct CBP not to assess duties on any of its entries in accordance 
with the Final Modification for Reviews, i.e., ``{w{time} here the 
weighted-average margin of dumping for the exporter is determined to be 
zero or de minimis, no antidumping duties will be assessed.'' \15\
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    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
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    For entries of subject merchandise during the POR produced by 
Dongbu, Dongkuk, Hyundai, POSCO, and POSCO C&C for which the producer 
did not know its merchandise was destined for the United States, or for 
any respondent for which we have a final determination of no shipments, 
we will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company (or companies) 
involved in the transaction.\16\
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    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    We intend to issue liquidation instructions to CBP 15 days after 
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 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 each specific company

[[Page 74989]]

listed above will be that established in the final results of this 
review, except if the rate is less than 0.50 percent, and therefore de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rate will be zero; (2) for previously investigated 
companies not participating in this review, the cash deposit will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
or the underlying investigation, but the manufacturer is, then the cash 
deposit rate will be the rate established for the most recent segment 
for the manufacturer of the merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be 8.32 
percent, the all-others rate established in the less-than-fair-value 
investigation.\17\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \17\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016), as amended by Certain Corrosion-Resistant Steel Products from 
the Republic of Korea: Notice of Court Decision Not in Harmony with 
Final Determination of Investigation and Notice of Amended Final 
Results, 83 FR 39054 (August 8, 2018).
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results of review to interested parties within five days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit written comments (case briefs) within 30 days of publication of 
the preliminary results, and rebuttal comments (rebuttal briefs), 
limited to issues raised in case briefs, within seven days after the 
time limit for filing case briefs.\18\ 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.\19\ Case and rebuttal briefs 
should be filed using ACCESS \20\ and must be served on interested 
parties.\21\ Executive summaries should be limited to five pages total, 
including footnotes.
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    \18\ See 19 CFR 351.309(d).
    \19\ See 19 CFR 351.309(c)(2) and (d)(2).
    \20\ See generally 19 CFR 351.303.
    \21\ See 19 CFR 351.303(f).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
Commerce's electronic records system, ACCESS. An electronically filed 
request must be received successfully in its entirety by 5:00 p.m. 
Eastern Time within 30 days of the date of publication of this 
notice.\22\ Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues parties intend to discuss. 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 a hearing at 
a time and date to be determined.\23\ Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
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    \22\ See 19 CFR 351.310(c).
    \23\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless extended.\24\
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    \24\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers

    This notice 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 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 to Interested Parties

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

    Dated: November 17, 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. Partial Rescission of Administrative Review
V. No Shipments Claims
VI. Companies Not Selected for Individual Examination
VII. Affiliation and Collapsing
VIII. Comparisons to Normal Value
IX. Date of Sale
X. Export Price and Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
    Attachment: Scope of Order

[FR Doc. 2020-25941 Filed 11-23-20; 8:45 am]
BILLING CODE 3510-DS-P