[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Notices]
[Pages 15461-15462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05960]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-891]


Carbon and Alloy Steel Wire Rod From the Republic of Korea: Final 
Results of Antidumping Duty Administrative Review; 2017-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that POSCO, a 
producer and exporter of carbon and alloy steel wire rod from the 
Republic of Korea (Korea) sold the subject merchandise at prices below 
normal value during the period of review (POR), October 31, 2017, 
through April 30, 2019.

DATES: Applicable March 23, 2021.

FOR FURTHER INFORMATION CONTACT: 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) 482-2316.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 2020, Commerce published the Preliminary Results \1\ 
covering the sole producer and exporter of the subject merchandise 
subject to the review, POSCO. We invited interested parties to comment 
on the Preliminary Results. On September 28 and October 9, 2020, the 
petitioners \2\ and POSCO filed case and rebuttal briefs.\3\ On January 
14 and 21, 2021, we held video conferences with the counsels for POSCO 
and the petitioners, respectively.\4\ Commerce conducted this review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review; 2017-2019, 85 FR 44858 (July 24, 2020), and accompanying 
Preliminary Decision Memorandum.
    \2\ The petitioners are Charter Steel, Liberty Steel USA, Nucor 
Corporation, and Optimus Steel LLC (collectively, the petitioners).
    \3\ See Petitioners' Letter, ``Carbon and Alloy Steel Wire Rod 
from the Republic of Korea--Petitioners' Case Brief,'' dated 
September 28, 2020; see also POSCO's Letter, ``Carbon and Alloy 
Steel Wire Rod from the Republic of Korea--POSCO's Case Brief,'' 
dated September 28, 2020; Petitioners' Letter, ``Carbon and Alloy 
Steel Wire Rod from the Republic of Korea--Petitioners' Rebuttal 
Brief,'' dated October 9, 2020; and POSCO's Letter, ``Carbon and 
Alloy Steel Wire Rod from the Republic of Korea--POSCO's Rebuttal 
Brief,'' dated October 9, 2020.
    \4\ See Memoranda, ``Carbon and Alloy Steel Wire Rod from the 
Republic of Korea--Ex Parte Meeting with POSCO's Counsel,'' dated 
January 15, 2021, and ``Carbon and Alloy Steel Wire Rod from the 
Republic of Korea--Ex Parte Meeting with Petitioners' Counsel,'' 
dated January 21, 2021.
---------------------------------------------------------------------------

    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\5\ Subsequently, on July 21, 2020, Commerce tolled 
all preliminary and final results in administrative reviews by an 
additional 60 days.\6\ On December 1, 2020, we extended the deadline 
for issuing the final results until March 17, 2021.\7\
---------------------------------------------------------------------------

    \5\ 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.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020 
(the deadline for the final results was actually tolled by 57 days 
because the tolling started three day before the publication date of 
the Preliminary Results).
    \7\ See Memorandum, ``Carbon and Alloy Steel Wire Rod from the 
Republic of Korea--Extension of Deadline for Final Results,'' dated 
December 1, 2020.
---------------------------------------------------------------------------

Scope of the Order 8
---------------------------------------------------------------------------

    \8\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic 
of Korea, Spain, the Republic of Turkey, and the United Kingdom: 
Antidumping Duty Orders and Amended Final Affirmative Antidumping 
Duty Determinations for Spain and the Republic of Turkey, 83 FR 
23417 (May 21, 2018) (Order).
---------------------------------------------------------------------------

    The scope of the Order includes certain hot-rolled products of 
carbon steel and alloy steel, in coils, of approximately round cross 
section, less than 19.00 mm in actual solid cross-sectional diameter. 
On April 8, 2019, Commerce excluded from the scope of the Order grade 
1078 and higher tire cord quality wire rod used in the production of 
tire cord wire.\9\ On June 13, 2019, Commerce excluded from the scope 
of the Order valve spring quality steel products defined as wire 
rod.\10\ For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.\11\
---------------------------------------------------------------------------

    \9\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Korea and the United Kingdom: Notice of Final Results of Antidumping 
Duty Changed Circumstances Review, 84 FR 13888 (April 8, 2019).
    \10\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Korea: Final Results of Antidumping Duty Changed Circumstances 
Review; 84 FR 27582 (June 13, 2019).
    \11\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Administrative Review of the Antidumping Duty Order 
on Carbon and Alloy Steel Wire Rod from the Republic of Korea; 2017-
2019,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum. A list of these issues is attached 
in an appendix to this

[[Page 15462]]

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.

Changes Since the Preliminary Results

    We made two changes to the preliminary margin calculation: (1) We 
refined conversion costs by diameters using ratios derived from the 
reported production-line-month specific costs; (2) we corrected the 
beginning date for U.S. sales. For a full discussion of these changes, 
see Comments 1 and 2 in the Issues and Decision Memorandum.

Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period October 31, 2017 through April 30, 2019:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                  Producer and/or exporter                     dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
POSCO......................................................        0.94
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for the final 
results of review within five days of the publication date of this 
notice in the Federal Register, in accordance with section 751(a) of 
the Act and 19 CFR 351.224(b).

Assessment Rates

    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.\12\ In 
accordance with 19 CFR 351.212(b)(1), Commerce calculated an importer-
specific ad valorem antidumping assessment rate for POSCO that is not 
zero or de minimis, and will instruct CBP to assess antidumping duties 
on all appropriate entries covered by this review.
---------------------------------------------------------------------------

    \12\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 
2012).
---------------------------------------------------------------------------

    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by POSCO for which it 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.\13\
---------------------------------------------------------------------------

    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Consistent with its recent notice,\14\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
---------------------------------------------------------------------------

    \14\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
---------------------------------------------------------------------------

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 POSCO is equal to the weighted-
average dumping margin established in the final results of this review; 
(2) for previously investigated companies not participating in this 
review, the cash deposit rate will continue to be the company-specific 
rate published for the most recently completed segment of this 
proceeding; (3) if the exporter was not covered in this review or the 
investigation, but the producer was covered, the cash deposit rate will 
be the rate established in the most recently completed segment of this 
proceeding for the producer of subject merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
41.10 percent, the all-others rate established in the original less-
than-fair-value investigation.\15\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \15\ See Order.
---------------------------------------------------------------------------

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 review period. Failure to comply 
with this requirement could result in the presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) 
and 351.221(b)(5).

    Dated: March 16, 2021.
Christian Marsh,
Acting 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. Discussion of Issues
    Comment 1: Whether Commerce Should Apply AFA to POSCO's Reported 
Cost
    Comment 2: Whether the Beginning Dates in the Margin Program are 
Correct
    Comment 3: Whether U.S. Sales of Further-Manufactured 
Merchandise Should be Excluded
    Comment 4: Whether to Grant POSCO a Constructed Export Price 
(CEP) Offset
VI. Recommendation
[FR Doc. 2021-05960 Filed 3-22-21; 8:45 am]
BILLING CODE 3510-DS-P