[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43178-43180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16836]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-887]


Carbon and Alloy Steel Cut-to-Length Plate 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) is conducting an 
administrative review of the antidumping duty order on carbon and alloy 
steel cut-to-length plate from the Republic of Korea. The period of 
review (POR) is May 1, 2019, through April 30, 2020. The review covers 
one producer/exporter of the subject merchandise, POSCO, POSCO 
International Corporation and its affiliated companies (collectively, 
the POSCO single entity). We preliminarily determine that sales of 
subject merchandise by the POSCO single entity were not made at prices 
below normal value (NV). Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable August 6, 2021.

FOR FURTHER INFORMATION CONTACT: William Horn or Jana[eacute] Martin, 
AD/CVD Operations, Office VIII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of

[[Page 43179]]

Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone 
(202) 482-4868 or (202) 482-0238, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 2020, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review on certain carbon and alloy steel cut-to-length plate from the 
Republic of Korea produced and/or exported by POSCO.\1\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administration Reviews, 85 FR 41540 (July 20, 2020) (Initiation 
Notice).
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    On July 21, 2020, Commerce tolled all preliminary and final results 
deadlines in administrative reviews by 60 days, thereby extending the 
deadline for these preliminary results until April 1, 2021.\2\
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    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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    On March 22, 2021, we extended the preliminary results of this 
review to no later than July 30, 2021.\3\ For a complete description of 
the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\4\
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    \3\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from the Republic of Korea: Extension of Deadline for 
the Preliminary Results of the 2019-2020 Antidumping Duty 
Administrative Review,'' dated March 22, 2021.
    \4\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Certain Carbon 
and Alloy Steel Cut-To-Length Plate 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 merchandise subject to the Order \5\ is carbon and alloy steel 
cut-to-length plate. The product is currently classified under the 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 
7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 
7226.91.5000.
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    \5\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
Austria, Belgium, France, the Federal Republic of Germany, Italy, 
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative 
Antidumping Determinations for France, the Federal Republic of 
Germany, the Republic of Korea and Taiwan, and Antidumping Duty 
Orders, 82 FR 24096 (May 25, 2017) (Order).
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    The products subject to the Order may also enter under the 
following HTSUS subheadings: 7208.40.6060, 7208.53.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500, 
7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
7212.50.0000, 7214.10.000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110, 
7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090, 
7206.11.1000, 7226.11.9060, 7229.19.1000, 7226.19.9000, 7226.91.0500, 
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 
7226.91.8000, and 7226.99.0180. The HTSUS subheadings are provided for 
convenience and customs purposes only; the written product description 
of the scope of the Order is dispositive.
    For a complete description of the merchandise subject to the Order, 
see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) 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. 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. 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.

Preliminary Results of the Review

    As a result of our analysis of the record information, we 
preliminarily determine a weighted-average dumping margin of zero 
percent for the POSCO single entity \6\ for the period May 1, 2019, 
through April 30, 2020.\7\ Therefore, Commerce preliminarily determines 
that the POSCO single entity did not make sales of subject merchandise 
at prices below NV.
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    \6\ Commerce is preliminarily determining that POSCO, POSCO 
International Corporation, POSCO SPS, and certain distributors and 
service centers (Taechang Steel Co., Ltd., Winsteel Co., Ltd., and 
Shinjin Esco Co., Ltd.) are affiliated pursuant to section 
771(33)(E) of the Act, and further that these companies should be 
treated as a single entity (collectively, the POSCO single entity) 
pursuant to 19 CFR 351.401(f). Note that Shinjin Esco Co., Ltd. is 
only considered part of the POSCO single entity until February 10, 
2020, after which its affiliation with POSCO ceased. See Preliminary 
Decision Memorandum.
    \7\ See Preliminary Decision Memorandum.
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Verification

    On October 19, 2020, the petitioners requested, pursuant to 19 CFR 
351.307(b)(1)(v), that Commerce conduct verification of the 
questionnaire responses submitted in this administrative review by 
POSCO.\8\ Commerce is currently unable to conduct on-site verification 
of the information relied upon in making its final results of this 
administrative review. Accordingly, we intend to take additional steps 
in lieu of on-site verification to verify the information. Commerce 
will notify interested parties of any additional documentation or 
information required.
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    \8\ See Petitioner's Letter, ``3rd Administrative Review of the 
Antidumping Duty Order on Carbon and Alloy Steel Cut-To-Length Plate 
from the Republic of Korea--Petitioner's Request for Verification,'' 
dated October 19, 2020.
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Interested parties 
will be notified of the deadline for the submission of such case briefs 
and written comments at a later date. 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.\9\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), 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.
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    \9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020) (collectively, Temporary Rule).
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    All submissions to Commerce must be filed electronically using 
ACCESS and must also be served on interested parties.\10\ An 
electronically filed

[[Page 43180]]

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. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\11\
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    \10\ See 19 CFR 351.303(b) and 19 CFR 351.303(f).
    \11\ See Temporary Rule.
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance within 30 days of publication of this notice.\12\ 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 and rebuttal 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 by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \12\ See 19 CFR 351.310(c).
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of issues raised in any written briefs, not later than 120 
days after the date of publication of this notice.\13\
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    \13\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping 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 administrative 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).
    Commerce will calculate importer-specific antidumping duty 
assessment rates when a respondent's weighted-average dumping margin is 
not zero or de minimis (i.e., less than 0.5 percent). Pursuant to 19 
CFR 351.212(b)(1), where the respondent reported the entered value of 
its U.S. sales, we will calculate importer-specific ad valorem duty 
assessment rates based on the ratio of the total amount of dumping 
calculated for the examined sales to the total entered value of such 
sales. Where the respondent did not report entered value, we will 
calculate importer-specific assessment rates on the basis of the ratio 
of the total amount of dumping calculated for the importer's examined 
sales to the total quantity of those sales, in accordance with 19 CFR 
351.212(b)(1).\14\ We will also calculate an estimated ad valorem 
importer-specific assessment rate with which to assess whether the per-
unit assessment rate is de minimis. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific ad valorem assessment rate calculated in the 
final results of this review is not zero or de minimis. Where either 
the respondent's ad valorem weighted-average dumping margin is zero or 
de minimis, or an importer-specific ad valorem assessment rate is zero 
or de minimis,\15\ we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
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    \14\ 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 Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \15\ See 19 CFR 351.106(c)(2).
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    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by the POSCO single entity for 
which the POSCO single entity did not know that the merchandise it sold 
to the intermediary (e.g., a reseller, trading company, or exporter) 
was destined for the United States. In such instances, we will instruct 
CBP to liquidate unreviewed entries at the all-others rate if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\16\
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    \16\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for the POSCO single entity will be equal to the weighted-average 
dumping margin established in the final results of this review, except 
if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1) 
(i.e., less than 0.50 percent), in which case the cash deposit rate 
will be zero; (2) for merchandise exported by a company not covered in 
this review but covered in a prior completed segment of the proceeding, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently-completed segment; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation, but the producer is, 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 and exporters will continue to be 7.10 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\17\
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    \17\ See Order.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also 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 review period. Failure to comply 
with this requirement could result in the Secretary'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 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. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2021-16836 Filed 8-5-21; 8:45 am]
BILLING CODE 3510-DS-P