[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34718-34720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13990]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Certain Cut-To-Length Carbon-Quality Steel Plate From the
Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain exporters/producers of certain cut-to-length plate from
the Republic of Korea (Korea) received countervailable subsidies during
the period of review (POR), January 1, 2019, through December 31, 2019.
DATES: Applicable June 30, 2021.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, Commerce published in the Federal Register
the countervailing duty (CVD) order on CTL Plate from Korea.\1\ On
April 20, 2020, Commerce published in the Federal Register its
initiation of the CVD administrative review of the Order for the period
of January 1, 2019, to December 31, 2019.\2\ On May 6, 2020, Commerce
selected Hyundai Steel Co., Ltd. (Hyundai Steel) as the sole mandatory
respondent in this administrative review.\3\ On June 10, 2020, Commerce
declined to select Dongkuk Steel Mill Co., Ltd. (DSM) as a voluntary
respondent in this review.\4\ On April 26, 2021, Commerce initiated on
new subsidy allegations on two programs.\5\
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\1\ See Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate from France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730 (April 20, 2020) (Initiation
Notice). The Initiation Notice lists the company name Hyundai Steel
Co., Ltd. (as requested by the petitioners) and Hyundai Steel
Company (as requested by the firm itself). For purposes of this
notice, we are treating both firms as the same company and
hereinafter refer to them as Hyundai Steel.
\3\ See Memorandum, ``Countervailing Duty Administrative Review
of Certain Cut-to-Length Carbon-Quality Steel Plate from the
Republic of Korea: Selection of Respondents for Individual
Examination,'' dated May 6, 2020.
\4\ See Memorandum, ``Administrative Review of the
Countervailing Duty (CVD) Order on Certain Cut-to-Length Carbon-
Quality Steel Plate (CTL Plate) from the Republic of Korea
(Korea),'' dated June 10, 2020.
\5\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Cut-To-Length Carbon-Quality
Steel Plate from the Republic of Korea: New Subsidy Allegations,''
dated April 26, 2021.
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Commerce tolled all deadlines in administrative reviews by 50 days
on April 24, 2020,\6\ and by an additional 60 days on July 22, 2020.\7\
On January 29, 2021, Commerce extended the deadline for issuance of the
preliminary results of this review by 120 days, until June 18, 2021, in
accordance with 19 CFR 351.213(h)(2).\8\
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\6\ 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.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 22, 2020.
\8\ See Memorandum, ``Cut-to-Length Carbon Quality Steel Plate
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
January 29, 2021.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\9\
A list of topics discussed in the Preliminary Decision Memorandum is
included in the Appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/.
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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, 2019: Cut-
to-Length Carbon Quality Steel Plate from the Republic of Korea from
the Republic of Korea,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The product covered by this order is certain cut-to-length carbon-
quality steel
[[Page 34719]]
plate. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this CVD administrative review in accordance
with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, we
preliminarily determine that there is a subsidy, i.e., a financial
contribution by an ``authority'' that confers a benefit to the
recipient, and that the subsidy is specific.\10\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
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\10\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Rate for Non-Selected Companies Under Review
To determine the rate for companies not selected for individual
examination, Commerce's practice is to follow the instructions to
calculate the all-others rate under section 705(c)(5) of the Act and
weight average the net subsidy rates for the selected mandatory
companies, excluding rates that are zero, de minimis, or based entirely
on facts available.\11\ In this review, we preliminarily calculated a
de minimis subsidy rate for the sole mandatory respondent (i.e.,
Hyundai Steel) during the POR. In CVD proceedings, where the number of
respondents being individually examined has been limited, Commerce has
determined that a ``reasonable method'' to use to determine the rate
applicable to companies that were not individually examined when all
the rates of selected mandatory respondents are zero or de minimis is
to assign to the non-selected respondents the average of the most
recently determined rates that are not zero, de minimis, or based
entirely on facts available.\12\ However, if a non-selected respondent
has its own calculated rate that is contemporaneous with or more recent
than such previous rates, Commerce has found it appropriate to apply
that calculated rate to the non-selected respondent, even when that
rate is zero or de minimis.\13\
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\11\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\12\ See Certain Cut-to-Length Carbon-Quality Steel Plate from
the Republic of Korea: Final Results of Countervailing Duty
Administrative Review; Calendar Year 2018, 85 FR 84296 (December 28,
2020) (CTL Plate from Korea 2018 Final).
\13\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Countervailing Duty Administrative
Review and Intent To Rescind the Review In Part; 2017, 85 FR 3030
(January 17, 2020) unchanged in Steel Concrete Reinforcing Bar from
the Republic of Turkey: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2017, 85 FR 42353 (July
14, 2020).
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In the most recently completed administrative review of this order,
we calculated a net subsidy rate of 0.28 percent ad valorem for DSM.
Therefore, consistent with Commerce's practice, described above, we are
assigning the rate of 0.28 percent ad valorem to DSM, based on the
company's rate calculated in the prior review.\14\
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\14\ See CTL Plate from Korea 2018 Final.
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With regard to the two other remaining non-selected companies, for
which an individual rate was not calculated, we are assigning the rate
of 0.50 percent ad valorem, which is the only above de minimis rate
calculated in the most recently completed administrative review.\15\
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\15\ Id.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates for the period January 1,
2019, through December 31, 2019:
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Net
countervailable
Company subsidy rate
(percent)
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Hyundai Steel Co., Ltd................................. * 0.45
Dongkuk Steel Mill Co., Ltd............................ * 0.28
BDP International...................................... 0.50
Sung Jin Steel Co., Ltd................................ 0.50
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* de minimis.
Assessment Rate
In accordance with 19 CFR 351.221(b)(4)(i), Commerce has
preliminarily assigned subsidy rates as indicated above. Consistent
with section 751(a)(2)(C) of the Act, upon issuance of the final
results, Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. 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).
Cash Deposit Rate
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. 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 deposit instructions, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days after the date of publication of this notice in the Federal
Register.\16\ Commerce intends to issue a post-preliminary analysis
memorandum subsequent to the publication of this notice. Commerce will
notify the parties to this proceeding of the deadlines for the
submission of case and rebuttal briefs after the issuance of the post-
preliminary analysis memorandum. Rebuttal briefs, limited to issues
raised in case briefs, may be filed within seven days \17\ after the
time limit for filing case briefs. Parties who submit case or rebuttal
briefs are requested to submit with each argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\18\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\19\
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\16\ See 19 CFR 351.224(b).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020) (Temporary Rule).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
\19\ See Temporary Rule.
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using ACCESS.\20\ Requests should contain the party's name,
address, and telephone number, the number of participants, whether any
participant is a foreign national, and a list of the issues to be
discussed. Issues raised in the hearing will be limited to
[[Page 34720]]
those raised in the respective case and rebuttal briefs.\21\ If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined.\22\ Parties should confirm the date
and time of the hearing two days before the scheduled date. Parties are
reminded that all briefs and hearing requests must be filed
electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date.
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\20\ See 19 CFR 351.310(c).
\21\ Id.
\22\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised by parties in their comments, within 120 days after the
date of publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 19 CFR 351.221(b)(4).
Dated: June 17, 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. Period of Review
IV. Non-Selected Rate
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2021-13990 Filed 6-29-21; 8:45 am]
BILLING CODE 3510-DS-P