[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33653-33654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13621]
[[Page 33653]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate Products From
the Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Hyundai Steel Company (Hyundai Steel) and three non-examined companies
made sales of subject merchandise at less than normal value during the
period of review (POR) February 1, 2019, through January 31, 2020.
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable June 25, 2021.
FOR FURTHER INFORMATION CONTACT: Michael A. Romani, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington DC 20230; telephone: (202) 482-0198.
SUPPLEMENTARY INFORMATION:
Background
On April 8, 2020, Commerce initiated the administrative review of
the antidumping duty order on certain cut-to-length carbon-quality
steel plate products (CTL plate) from the Republic of Korea (Korea).\1\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730, 189735 (April 8, 2020)
(Initiation Notice).
---------------------------------------------------------------------------
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days, thereby tolling the deadline for the preliminary
results of review.\2\ On July 21, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days, thereby tolling the
deadline for the preliminary results of review until February 18,
2020.\3\ On January 26, 2021, Commerce extended the time limit for
issuing the preliminary results of this review by 120 days, to no later
than June 18, 2021.\4\ For a complete description of the events between
the initiation of this review and these preliminary results, see the
Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\2\ 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.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\4\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel
Plate Products from the Republic of Korea: Extension of Deadline for
Preliminary Results of the Antidumping Duty Administrative Review;
2019-2020,'' dated January 26, 2021.
\5\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel
Plate Products from the Republic of Korea: Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the antidumping duty order are certain CTL
plate from Korea. A full description of the scope of the order is
contained in the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section 751
of the Tariff Act of 1930, as amended (the Act). Export price and
constructed export price are 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 the
topics included in the Preliminary Decision Memorandum is included in
the appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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, the signed Preliminary Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.
Rates 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
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, we have preliminarily calculated a weighted-average
dumping margin for Hyundai Steel Company (Hyundai Steel) that is not
zero, de minimis, or determined entirely on the basis of facts
available. Accordingly, Commerce preliminarily has assigned to the
companies not individually examined, BDP International, Dongkuk Steel
Mill Co., Ltd., and Sung Jin Steel Co., Ltd.,\7\ a margin of 0.68
percent based on Hyundai Steel's calculated weighted-average dumping
margin.
---------------------------------------------------------------------------
\7\ See Initiation Notice, 85 FR at 19735.
---------------------------------------------------------------------------
Preliminary Results of the Administrative Review
We preliminarily determine that the following weighted-average
dumping margins exist for the respondents for the period February 1,
2019, through January 31, 2020:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd............................. 0.68
Hyundai Steel Company................................... 0.68
BDP International....................................... 0.68
Sung Jin Steel Co., Ltd................................. 0.68
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to the parties within five days after public
announcement of the preliminary results in accordance with 19 CFR
351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\8\ Commerce has modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\9\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of the issue,
[[Page 33654]]
(2) a brief summary of the argument, and (3) a table of
authorities.\10\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(d).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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
ACCESS. Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date, time, and location of the
hearing two days before the scheduled date. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.\11\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the
Act.
Assessment Rates
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\12\ If a respondent's
weighted-average dumping margin is above de minimis (i.e., 0.50
percent) in the final results of this review, we intend to calculate an
importer-specific assessment rate based on the ratio of the total
amount of dumping calculated for each importer's examined sales and the
total entered value of the sales in accordance with 19 CFR
351.212(b)(1).\13\ If the respondent's weighted-average dumping margin
or an importer-specific assessment rate is zero or de minimis in the
final results of this review, we will instruct CBP not to assess duties
on any of its entries in accordance with the Final Modification for
Reviews.\14\ The final results of this administrative review shall be
the basis for the assessment of antidumping duties on entries of
merchandise under review and for future deposits of estimated duties,
where applicable.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.212(b)(1).
\13\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\14\ See Final Modification for Reviews, 77 FR 8103; see also 19
CFR 351.106(c)(2).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by
Hyundai Steel for which it did not know its merchandise was destined
for the United States, we will instruct CBP to liquidate these entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rates listed above.
We intend 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).
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective upon publication of the notice of final
results of this review for all shipments of CTL plate from Korea
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 companies subject to this review will be
equal to the weighted-average dumping margins established in the final
results of the review; (2) for merchandise exported by companies not
covered in this review but covered in a prior segment of this
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (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, then the
cash deposit rate will be the rate established for the most recently
completed segment for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
0.98 percent,\15\ the all-others rate established in the LTFV
investigation, adjusted for the export-subsidy rate in the companion
countervailing duty investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\15\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate
Products from the Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2016-2017, 83 FR 32629, 32630 (July 13,
2018).
---------------------------------------------------------------------------
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.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 violation
subject to sanctions.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).
Dated: June 15, 2021.
Christian Marsh,
Acting 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. Rates for Non-Examined Companies
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2021-13621 Filed 6-24-21; 8:45 am]
BILLING CODE 3510-DS-P