[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28571-28574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11247]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-878]


Corrosion-Resistant Steel Products From the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) 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 May 27, 2021.

[[Page 28572]]


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 November 24, 2020, Commerce published the Preliminary Results of 
the 2018-2019 administrative review of the antidumping duty (AD) order 
on CORE from Korea.\1\ This review covers eleven companies,\2\ of which 
we collapsed Dongbu Steel Co., Ltd. and Dongbu Incheon Steel Co., Ltd. 
as single entity (i.e., Dongbu) for AD purposes, and selected Dongbu, 
Dongkuk, and Hyundai as mandatory respondents.
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    \1\ See Certain Corrosion-Resistant Steel Products from the 
Republic of Korea: Preliminary Results and Partial Rescission of 
Antidumping Duty Administrative Review; 2018-019, 85 FR 74987 
(November 24, 2020) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ 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).
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    We invited interested parties to comment on the Preliminary Results 
and received case and rebuttal briefs.\3\ On March 22, 2021, we 
extended the time limit for the final results of this review from 120 
days to 168 days.\4\ On May 10, 2021, Commerce extended the deadline 
for the final results by an additional 10 days to May 21, 2021.\5\ 
Commerce conducted this review in accordance with section 751(a)(1)(B) 
of the Tariff Act of 1930, as amended (the Act).
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    \3\ See Petitioners' Letters: ``Corrosion-Resistant Steel 
Products from the Republic of Korea: Petitioners' Case Brief 
Regarding Dongbu Steel Co., Ltd.,'' dated January 11, 2021; 
``Corrosion-Resistant Steel Products from the Republic of Korea: 
Petitioners' Case Brief Regarding Dongkuk Steel Mill Co., Ltd.,'' 
dated January 11, 2021; ``Corrosion-Resistant Steel Products from 
South Korea: Petitioners' Rebuttal Brief Regarding Dongkuk Steel 
Mill Co., Ltd.,'' dated January 19, 2021; Dongkuk's Letters, 
``Certain Corrosion-Resistant Steel Products from the Republic of 
Korea: Case Brief,'' dated January 11, 2021; and ``Certain 
Corrosion-Resistant Steel Products from the Republic of Korea: 
Rebuttal Brief,'' dated January 19, 2021.
    \4\ See Memorandum, ``Certain Corrosion-Resistant Steel Products 
from the Republic of Korea: Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review,'' dated March 22, 2021.
    \5\ See Memorandum, ``Certain Corrosion-Resistant Steel Products 
from the Republic of Korea: Second Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review,'' dated May 10, 
2021.
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Scope of the Order

    The products covered by this order are CORE from Korea. For a 
complete description of the scope of this order, see the Issues and 
Decision Memorandum.\6\
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    \6\ See Memorandum, ``Certain Corrosion-Resistant Steel Products 
from the Republic of Korea: Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2018-2019,'' dated with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. A list of the issues 
addressed 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 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/.

Changes Since the Preliminary Results

    Based on the comments received, we made changes for these final 
results which are explained in the Issues and Decision Memorandum.

Final Determination of No Shipments

    We received no comments regarding the no shipments claims with 
respect to NSSVC, HSG, and TDA since the Preliminary Results. Further, 
we have analyzed the questionnaire responses submitted by the 
respondents since the Preliminary Results and determined that the 
record contains no information that calls into question a finding of no 
shipments.\7\ Therefore, we find that NSSVC, HSG, and TDA had no 
shipments of subject merchandise during the POR.
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    \7\ See NSSVC's Letter, ``Corrosion-Resistant Steel Products 
from the Republic of Korea: NSSVC's Response to the Department's 
Administrative Review Questionnaire,'' dated November 24, 2020; 
TDA's Letters, ``Certain Corrosion-Resistant Steel Products from the 
Korea, 7/1/2018-6/30/2018 Administrative Review, Case No. A-580-878: 
Initial Questionnaire Response,'' dated November 23, 2020, and 
``Certain Corrosion-Resistant Steel Products from the Republic of 
Korea, Case No. A-580-878: No Shipment letter,'' dated October 9, 
2019; and HSG's Letter, ``Corrosion-Resistant Steel Products from 
the People's Republic of China-Response to Questionnaire,'' dated 
March 11, 2020.
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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 final 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. 
Therefore, 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.\8\
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    \8\ 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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Final Results of the Administrative Review

    We determine that the following weighted-average dumping margins 
exist for the period July 1, 2018, through June 30, 2019:
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    \9\ Commerce finds that that KG Dongbu Steel Co., Ltd. is the 
successor-in-interest to Dongbu Steel Co., Ltd. and Dongbu Incheon 
Steel Co., Ltd. for purposes of determining AD cash deposits and 
liabilities. See Certain Cold-Rolled Steel Flat Products and Certain 
Corrosion-Resistant Steel Products from the Republic of Korea: Final 
Results of Antidumping and Countervailing Duty Changed Circumstances 
Reviews, 86 FR 10922 (February 23, 2021).
    \10\ See supra n.8.

[[Page 28573]]



------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                    dumping margin
                                                          (percent)
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Dongbu Steel Co., Ltd./Dongbu Incheon Steel Co.,                    0.86
 Ltd.\9\...........................................
Dongkuk Steel Mill Co., Ltd........................                 0.76
Hyundai Steel Company..............................                 0.00
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  Review-Specific Average Rate Applicable to the Following Companies:
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POSCO, POSCO Daewoo Corporation and POSCO                           0.80
 International Corporation.........................
POSCO Coated & Color Steel Co., Ltd................                 0.80
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Disclosure

    We intend to disclose the calculations performed in connection with 
these final results to parties in this proceeding within five days 
after public announcement of the final results, in accordance with 19 
CFR 351.224(b).
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    \9\ Commerce finds that that KG Dongbu Steel Co., Ltd. is the 
successor-in-interest to Dongbu Steel Co., Ltd. and Dongbu Incheon 
Steel Co., Ltd. for purposes of determining AD cash deposits and 
liabilities. See Certain Cold-Rolled Steel Flat Products and Certain 
Corrosion-Resistant Steel Products from the Republic of Korea: Final 
Results of Antidumping and Countervailing Duty Changed Circumstances 
Reviews, 86 FR 10922 (February 23, 2021).
    \10\ See supra n.8.
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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 
Protections (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. We will calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of antidumping duties 
calculated for each importer's examined sales and the total entered 
value of the sales in accordance with 19 CFR 351.212(b)(1).
    For entries of subject merchandise during the POR produced by each 
respondent for which it did not know its merchandise was destined for 
the United States, we will instruct CBP to liquidate such entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.
    Consistent with its recent notice,\11\ 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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    \11\ 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 cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for 
the respondents noted above will be the rate established in the final 
results of this administrative review; (2) for merchandise exported by 
manufacturers or exporters not covered in this administrative 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; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original 
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 (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 8.31 percent, the all-others cash deposit rate established in the 
investigation.\12\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \12\ 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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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) 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 doubled 
antidumping duties.

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). 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) of the Act, and 19 CFR 351.221(b)(5).

    Dated: May 21, 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. Final Determination of No Shipments
VI. Discussion of Comments
    Comment 1: Home Market Packing Expenses
    Comment 2: Clad Material/Coating Metal (CMETALH/U) Coding

[[Page 28574]]

    Comment 3: Changes to Calculations
    Comment 4: General & Administrative (G&A) Expenses
    Comment 5: Constructed Export Price (CEP) Offset
    Comment 6: Cost of Production-Smoothing
VII. Recommendation

[FR Doc. 2021-11247 Filed 5-26-21; 8:45 am]
BILLING CODE 3510-DS-P