[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15643-15645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06068]


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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: Final Results of Antidumping Duty Administrative Review; 2018-
2019

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 and its affiliated companies (collectively, 
the POSCO single entity). We determine that sales of subject 
merchandise by the POSCO single entity were not made at prices below 
normal value (NV).

DATES: Applicable March 24, 2021.

FOR FURTHER INFORMATION CONTACT: Joshua Simonidis 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) 482-0608 or (202) 
482-4868, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results on July 27, 2020.\1\ We 
invited interested parties to comment on the Preliminary Results. For a 
complete description of the events that occurred subsequent to the 
Preliminary Results, see the Issues and Decision Memorandum.\2\
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    \1\ See Carbon and Alloy Steel Cut-to-Length Plate from the 
Republic of Korea: Preliminary Results of Antidumping Duty Review; 
2018-2019; 85 FR 45165 (July 27, 2020) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results in the 2018-2019 Antidumping Duty Administrative 
Review of Carbon and Alloy Steel Cut-to-Length Plate from the 
Republic of Korea,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order 3
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    \3\ 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).
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    The merchandise subject to the Order is carbon and alloy steel cut-
to-length plate. 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 investigations may also enter under the 
following HTSUS subheadings: 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. For a complete description of the scope of the 
Order, see the Preliminary Results.\4\
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    \4\ See Preliminary Results PDM at 3-7.
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Analysis of Comments Received

    All issues raised in the parties' case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum and are listed 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 https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed

[[Page 15644]]

directly on the internet at http://enforcement.trade.gov/frn/index.html.

Changes Since the Preliminary Results

    Based on the comments received from interested parties and record 
information, we made certain changes to our preliminary dumping margin 
calculations for the POSCO single entity. For a discussion of these 
changes, see the Issues and Decision Memorandum.

Final Results of the Review

    As a result of this review, we determine the following weighted-
average dumping margin exists for the POR:
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    \5\ Commerce continues to determine 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., and Shilla Steel Co., Ltd.) are affiliated 
pursuant to section 771(33)(E) of the Tariff Act of 1930, as amended 
(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 Preliminary Results and PDM at 
9-10; see also Memorandum, ``2018-2019 Antidumping Duty 
Administrative Review of Certain Carbon and Alloy Steel Cut-to-
Length Plate from the Republic of Korea: Affiliation and Collapsing 
Memorandum,'' dated July 20, 2020.

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                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
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POSCO single entity \5\....................................       00.00
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Disclosure

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

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with these final results of 
review.\6\ Because the weighted-average dumping margin for the POSCO 
single entity is zero percent, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\7\
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    \6\ See 19 CFR 351.212(b).
    \7\ 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).
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    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
that the merchandise they 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.\8\
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    \8\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\9\ 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).
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    \9\ 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).
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Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the 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 the POSCO single 
entity will be equal to the weighted-average dumping margin established 
in the final results of this administrative review (i.e., zero 
percent); (2) for merchandise exported by a producer or exporter 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 of this 
proceeding in which the producer or exporter participated; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original less-than-fair-value (LTFV) investigation, but the producer 
is, the cash deposit rate will be the rate established for the most 
recently completed segment of the proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers and 
exporters will continue to be 7.10 percent ad valorem, the all-others 
rate established in the LTFV investigation.\10\
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    \10\ See Order, 82 FR at 24098.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also 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 the 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 Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (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 
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 
the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: March 18, 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. The POSCO Single Entity
IV. Changes Since the Preliminary Results
V. Discussion of the Issues

[[Page 15645]]

    Comment 1: Affiliation Between POSCO and Shilla Steel Co., Ltd.
    Comment 2: Home Market Freight Revenue Capping
    Comment 3: Freight Revenue Reported as Billing Adjustments
    Comment 4: POSCO International Corporation's Plate Fabricating 
Division
    Comment 5: Application of Adverse Facts Available (AFA) to 
POSCO's Conversion Costs
    Comment 6: Application of AFA for POSCO's Service Centers' 
Reporting
VI. Recommendation

[FR Doc. 2021-06068 Filed 3-23-21; 8:45 am]
BILLING CODE 3510-DS-P