[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Pages 42784-42787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16725]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-878]


Certain Corrosion-Resistant Steel 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 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 (NV) during the period of review of July 1, 2019, through 
June 30, 2020.

DATES: Applicable August 5, 2021.

FOR FURTHER INFORMATION CONTACT: Jaron Moore or Brian Smith, 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) 482-3640 or (202) 
482-1766, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 3, 2016, Commerce published the antidumping duty order 
on CORE from Korea.\1\ Commerce initiated this administrative review on 
September 3, 2020.\2\ This review covers

[[Page 42785]]

nine companies,\3\ of which we selected Dongkuk and Hyundai as 
mandatory respondents.\4\
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    \1\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation 
Notice).
    \3\ The nine companies are: Dongbu Incheon Steel Co., Ltd., 
Dongbu Steel Co., Ltd., KG Dongbu Steel Co., Ltd. (formerly Dongbu 
Steel Co., Ltd.), Dongkuk Steel Mill Co., Ltd. (Dongkuk), Hyundai 
Steel Company (Hyundai), POSCO, POSCO Coated & Color Steel Co., 
Ltd., POSCO Daewoo Corporation, and POSCO International Corporation 
(formerly, POSCO Daewoo Corporation).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping duty Administrative Review: Certain 
Corrosion-Resistant Steel Products from the Republic of Korea, 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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    On March 18, 2021, we extended the deadline for the preliminary 
results of this review until July 30, 2021.\5\ For a detailed 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\6\
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    \5\ See Memorandum, ``Certain Corrosion-Resistant Steel Products 
from the Republic of Korea: Extension of Deadline for Preliminary 
Results of 2019-2020 Antidumping Duty Administrative Review,'' dated 
March 18, 2021.
    \6\ See Preliminary Decision Memorandum.
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Scope of the Order

    The merchandise covered by the Order is CORE from Korea. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.\7\
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    \7\ Id.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price and export price were calculated in accordance 
with section 772 of the Act. NV 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 topics 
discussed in the Preliminary Decision Memorandum is attached as an 
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 
http://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as an appendix to this 
notice.

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 
and de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this review, the preliminarily estimated weighted-average 
dumping margin for Dongkuk is not zero, de minimis, or based entirely 
on facts otherwise available, whereas Hyundai's preliminary estimated 
weighted-average dumping margin is zero. Therefore, Commerce has 
preliminarily assigned Dongkuk's margin to the non-examined companies 
in this administrative review in accordance with its practice.\8\
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    \8\ See, e.g., Certain Corrosion-Resistant Steel Products from 
Taiwan: Final Results of the Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2018-2019, 86 FR 28554, 
28555 (May 27, 2021).
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Preliminary Results

    We preliminarily determine the following weighted-average dumping 
margins for the period July 1, 2019, through June 30, 2020:
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    \9\ In a recently completed changed circumstances review, 
Commerce found that KG Dongbu Steel Co., Ltd. is the successor-in-
interest to Dongbu Steel Co., Ltd. for purposes of determining 
antidumping 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). Also, in the previous segment of this 
proceeding, Dongbu Steel Co., Ltd. and Dongbu Incheon Steel Co., 
Ltd. were collapsed and treated as a single entity for antidumping 
purposes. See Certain Corrosion-Resistant Steel Products from the 
Republic of Korea: Preliminary Results and Partial Rescission of 
Antidumping Duty Administrative Review; 2018-2019, 85 FR 74987 
(November 24, 2020) (unchanged in Corrosion-Resistant Steel Products 
From the Republic of Korea: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2018-
2019, 86 FR 28571 (May 27, 2021)). As the facts have not changed 
with respect to these companies, we continue to treat them as a 
single entity for purposes of this review.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Dongkuk Steel Mill Co., Ltd.................................        0.59
Hyundai Steel Company.......................................        0.00
KG Dongbu Steel Co., Ltd. (formerly Dongbu Steel Co., Ltd.)/        0.59
 Dongbu Incheon Steel Co., Ltd. \9\.........................
POSCO.......................................................        0.59
POSCO Daewoo Corporation....................................        0.59
POSCO International Corporation (formerly POSCO Daewoo              0.59
 Corporation)...............................................
POSCO Coated & Color Steel Co., Ltd.........................        0.59
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. For any individually 
examined respondent whose weighted-average dumping margin is not zero 
or de minimis (i.e., less than 0.5 percent) in the final results of 
this review and the respondent reported entered values, we will 
calculate importer-specific ad valorem assessment rates for the 
merchandise based on the ratio of the total amount of dumping 
calculated for the examined sales made during the POR to each importer 
and the total entered value of those same sales, in accordance with 19 
CFR 351.212(b)(1). If the respondent has not reported entered values, 
we will calculate a per-unit assessment rate for each importer

[[Page 42786]]

by dividing the total amount of dumping calculated for the examined 
sales made to that importer by the total quantity associated with those 
transactions. Where an importer-specific ad valorem assessment rate is 
zero or de minimis in the final results of review, we will instruct CBP 
to liquidate the appropriate entries without regard to antidumping 
duties in accordance with 19 CFR 351.106(c)(2). If a respondent's 
weighted-average dumping margin is zero or de minimis in the final 
results of review, we will instruct CBP not to assess duties on any of 
its entries in accordance with the Final Modification for Reviews, 
i.e., ``{w{time} here the weighted-average margin of dumping for the 
exporter is determined to be zero or de minimis, no antidumping duties 
will be assessed.'' \10\
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    \10\ 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) (Final Modification for Reviews).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by any of 
the above-referenced respondents for which they did not know that the 
merchandise was destined for the United States, we will instruct CBP to 
liquidate those entries at the all-others rate in the original less-
than-fair-value (LTFV) investigation (as amended) \11\ if there is no 
rate for the intermediate company(ies) involved in the transaction.\12\
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    \11\ See Order; 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) (Timken and Amended Final 
Results).
    \12\ 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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    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 Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2)(C) of the Act: (1) The 
cash deposit rate for each specific company listed above will be that 
established in the final results of this review, except if the rate is 
less than 0.50 percent, and therefore de minimis within the meaning of 
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) for previously investigated companies not participating in this 
review, the cash deposit will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the company participated; (3) if the exporter is not a firm 
covered in this review, or the underlying investigation, but the 
producer is, then the cash deposit rate will be the rate established 
for the most recent segment for the producer of the merchandise; and 
(4) the cash deposit rate for all other producers and exporters will 
continue to be 8.31 percent, the all-others rate established in the 
LTFV investigation (as amended).\13\ These deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \13\ 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 Timken and Amended Final Results.
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results of review to interested parties within five days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, the content of which is limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the date for filing case briefs.\14\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\15\ Case and rebuttal 
briefs should be filed using ACCESS \16\ and must be served on 
interested parties.\17\ Executive summaries should be limited to five 
pages total, including footnotes.
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    \14\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ See generally 19 CFR 351.303.
    \17\ See 19 CFR 351.303(f).
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    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 
Commerce's electronic records system, ACCESS, within 30 days after the 
date of publication of this notice.\18\ Requests should contain: (1) 
The party's name, address and telephone number; (2) the number of 
participants; and (3) a list of issues parties intend to discuss. 
Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs. If a request for a hearing is 
made, Commerce intends to hold a hearing at a time and date to be 
determined.\19\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310(d).
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    All submissions to Commerce must be filed using ACCESS \20\ and 
must be served on interested parties.\21\ An electronically filed 
document must be received successfully in its entirety by Commerce's 
electronic records system, ACCESS, by 5:00 p.m. Eastern Time on the 
date that the document is due. Commerce has modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\22\
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    \20\ See 19 CFR 351.303.
    \21\ See 19 CFR 351.303(f).
    \22\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless this deadline is extended.\23\
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    \23\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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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.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections

[[Page 42787]]

751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: July 30, 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. Comparisons to Normal Value
V. Date of Sale
VI. Export Price and Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2021-16725 Filed 8-4-21; 8:45 am]
BILLING CODE 3510-DS-P