[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Notices]
[Pages 29237-29239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11387]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-879]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of certain corrosion-resistant steel products from the Republic of
Korea. The period of review (POR) is January 1, 2018, through December
31, 2018. Commerce is also rescinding the review with respect to
certain companies.
DATES: Applicable June 1, 2021.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jun Jack Zhao, 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) 482-2371 or (202) 482-1396,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on
November 23, 2020.\1\ In addition, Commerce issued a post-preliminary
determination on the electricity for less than adequate remuneration
allegation on April 26, 2021.\2\ For a description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\3\
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\1\ See Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review; 2018, 85 FR 74692 (November 23, 2020)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Countervailing Duty Administrative Review
of Certain Corrosion-Resistant Steel Products from the Republic of
Korea: Post-Preliminary Analysis Memorandum of Electricity for Less
than Adequate Remuneration,'' dated April 26, 2021.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018 Administrative Review of the
Countervailing Duty Order on Certain Corrosion-Resistant Steel
Products from the Republic of Korea,'' (Issues and Decision
Memorandum, or IDM), dated concurrently with, and hereby adopted by,
this notice.
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On May 14, 2021, Commerce extended the deadline for the final
results of this administrative review until May 24, 2021.\4\
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\4\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Extension of Deadline for Final Results
of Countervailing Duty Administrative Review,'' dated Mary 14, 2021.
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Scope of the Order
The products covered by this order are certain corrosion-resistant
steel products. For a complete description of the scope of this order,
see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum accompanying this notice. A list
of the issued raised by parties, and to which Commerce responded in the
Issues and Decision Memorandum, is provided in Appendix I 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
[[Page 29238]]
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/.
Changes Since the Preliminary Results
Based on the comments received and record evidence, we made certain
changes to the Preliminary Results with respect to the net subsidy
calculated for Dongbu Steel Co., Ltd./Dongbu Incheon Steel Co., Ltd.
(Dongbu), and for companies not selected for individual review. These
changes are explained in the Issues and Decision Memorandum.
Partial Rescission of Review
We received no comments regarding the no shipments claims with
respect to Nippon Steel Sales Vietnam Co., Ltd. (NSSVC), Hoa Sen Group
(HSG), and Ton Dong A Corporation (TDA) since the Preliminary Results.
Further, we have analyzed the questionnaire responses submitted by the
respondents to Commerce since the Preliminary Results and determined
that the record contains no information that calls into question a
finding of no shipments. Therefore, we are rescinding this review with
respect to NSSVC, HSG, and TDA.
Companies Not Selected for Individual Review
For the companies not selected for individual review, because the
rates calculated for Dongbu and Hyundai Steel Company (Hyundai Steel)
are above de minimis and not based entirely on facts available, we
applied a subsidy rate based on the weighted-average of the subsidy
rates calculated for Dongbu and Hyundai Steel using publicly ranged
sales data submitted by the respondents.\5\ This is consistent with the
methodology that we would use in an investigation to establish the all-
others rate, pursuant to section 705(c)(5)(A) of the Tariff Act of
1930, as amended (the Act).
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\5\ With two respondents under review, Commerce normally
calculates: (A) A weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly ranged U.S.
sales values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
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Final Results of Administrative Review
We determine that, for the period January 1, 2018 through December
31, 2018, the following total estimated net countervailable subsidy
rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Dongbu Steel Co., Ltd./Dongbu Incheon Steel Co., Ltd. 6.83
Hyundai Steel Company................................ 0.51
Non-Selected Companies Under Review \6\.............. 3.11
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Assessment Rate
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\6\ See Appendix II.
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Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review, for the above-listed companies at the
applicable ad valorem assessment rates listed. Consistent with its
recent notice,\7\ 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. Further, for companies
for which the review has been rescinded, we intend to instruct CBP to
liquidate such entries at the cash deposit rate required at the time of
entry. 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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\7\ 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 Rates
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above. For all non-reviewed firms, we will instruct CBP to 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 deposits, when imposed, shall remain in
effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
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). 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 sanctionable
violation.
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 19 CFR
351.224(b).
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).
Dated: May 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Changes Since the Preliminary Results
V. Scope of the Order
VI. Period of Review
VII. Rescission of Administrative Review, in Part
VIII. Subsidies Valuation Information
IX. Analysis of Programs
X. Discussion of Comments
Comment 1: Whether Electricity for LTAR Confers a Benefit
Comment 2: Whether Commerce's Determination that Port Usage
Rights Provides a Countervailable Benefit is Unsupported by Evidence
and Contrary to Law
[[Page 29239]]
Comment 3: Whether Commerce Incorrectly Countervailed the
Reduction for Sewerage Usage Fees
Comment 4: Whether the Restructuring of Dongbu's Existing Loans
by GOK-Controlled Banks Provided a Financial Contribution to Dongbu
Comment 5: Whether the Restructured Loans Provided to Dongbu
were Specific
Comment 6: Whether Commerce Should Use the Interest Rates from
Loans Provided by Commercial Banks Participating in the Creditor
Bank Committee as Benchmarks
Comment 7: Whether Dongbu Is Equityworthy and the Debt-to-Equity
Swaps Should be Countervailed
Comment 8: Whether Commerce Correctly Calculated the Benefit to
Dongbu from KDB Short-Term Discounted Loans for Export Receivables
Program
Comment 9: Whether Commerce Correctly Calculated the Benefit
from Dongbu Steel's Short-Term KRW Loans During the POR
XI. Recommendation
Appendix II
List of Non-Selected Companies
1. AJU Steel Co., Ltd.
2. Anjeon Tech
3. Benison Korea Transport
4. Core International
5. CS Global Logistics
6. Dai Yang Metal Co., Ltd.
7. GS Global Corp.
8. Hanwa (Korea) Co., Ltd.
9. Hebei Hongxing Auto Made
10. Integris
11. Jeongwha Polytech
12. Joo Sung Sea And AirCo., Ltd.
13. KC Tech
14. Kima Steel Corporation
15. Korea Clad Tech
16. Kyoungdo Steel Co., Ltd.
17. Market Connect Sales Services
18. Milestone Korea Co., Ltd.
19. POSCO
20. POSCO Coated & Color Steel Co., Ltd.
21. POSCO Daewoo Corporation
22. POSCO International Corporation
23. Qingdao Wangbaoqiang
24. Roser Co., Ltd.
25. Samsung C&T Corporation
26. Sanglim Steel
27. SeAH Steel
28. Sejung Shipping Co., Ltd.
29. Seun Steel
30. Shandongsheng Cao Xian Yalu Mftd.
31. Sung A Steel
32. TCC Steel Co., Ltd.
33. Young Heung Iron and Steel Co., Ltd.
34. Young Steel Korea Co., Ltd.
35. Young Sun Steel Co.
[FR Doc. 2021-11387 Filed 5-28-21; 8:45 am]
BILLING CODE 3510-DS-P