[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 59985-59987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23593]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-883]


Certain Hot-Rolled Steel Flat 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 
the producers/exporters subject to this review made sales of subject 
merchandise at less than normal value during the period of review 
(POR), October 1, 2019, through September 30, 2020. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable October 29, 2021.

FOR FURTHER INFORMATION CONTACT: Christopher Williams or Thomas 
Schauer, 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) 482-5166 
or (202) 482-0410, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 3, 2016, Commerce published in the Federal Register an 
antidumping duty order on certain hot-rolled steel flat products (hot-
rolled steel) from the Republic of Korea (Korea).\1\ On October 1, 
2020, we published in the Federal Register a notice of opportunity to 
request an administrative review of the Order.\2\ On December 8, 2020, 
based on timely requests for an administrative review, Commerce 
initiated an administrative review of ten companies.\3\ On June 8, 
2021, Commerce extended the time limit for issuing the preliminary 
results of this review by 60 days to no later than September 1, 
2021.\4\ On August 16, 2021, Commerce fully extended the time limit for 
issuing the preliminary results of this review by an additional 55 days 
to no later than October 26, 2021.\5\
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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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 85 FR 61926 (October 1, 2020).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 78990 (December 8, 2020).
    \4\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Korea: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2020,'' 
dated June 8, 2021.
    \5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Korea: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2020,'' 
dated August 16, 2021.
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Scope of the Order

    The products covered by this Order are hot-rolled steel. A full 
description of the scope of the Order is contained in the Preliminary 
Decision Memorandum.\6\
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    \6\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Korea: Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review; 2019-20120,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of 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 these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
the 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 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 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rates for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to

[[Page 59986]]

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 preliminarily 
calculated weighted-average dumping margins for the two mandatory 
respondents, Hyundai Steel Company (Hyundai Steel) and POSCO,\7\ that 
are not zero, de minimis, or determined entirely on the basis of facts 
available. Accordingly, Commerce preliminarily assigned to the 
companies not individually examined, listed in the chart below, a 
margin of 3.50 which is the weighted average of Hyundai Steel's and 
POSCO's calculated weighted-average margins.\8\
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    \7\ We initiated this review with respect to POSCO and POSCO 
Daewoo Corporation. We preliminarily find that POSCO International 
Corporation is the successor-in-interest to POSCO Daewoo Corporation 
and we are preliminarily treating POSCO and POSCO International 
Corporation as a single entity, hereinafter collectively referred to 
as POSCO. See Preliminary Decision Memorandum.
    \8\ For more information regarding the calculation of this 
margin, see Memorandum, ``Preliminary Results of Antidumping Duty 
Administrative Review of Certain Hot-Rolled Steel Flat Products from 
the Republic of Korea: Calculation of the margin for Non-Examined 
Companies,'' dated concurrently with this notice. As the weighting 
factor, we relied on the publicly ranged sales data reported in the 
quantity and value charts submitted by Hyundai Steel and POSCO.
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Preliminary Results of Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period October 1, 2019, through September 
30, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel Company.......................................        4.03
POSCO/POSCO International Corporation.......................        2.43
------------------------------------------------------------------------


   Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
                                                                Average
                                                                dumping
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Dongkuk Industries Co., Ltd.................................        3.50
Dongkuk Steel Mill Co., Ltd.................................        3.50
KG Dongbu Steel Co., Ltd....................................        3.50
Marubeni-Itochu Steel Korea, Ltd............................        3.50
Snp Ltd.....................................................        3.50
Soon Hong Trading Co........................................        3.50
Sungjin Co., Ltd............................................        3.50
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\9\ 
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, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\10\ Commerce modified certain of its requirements for serving 
documents containing business proprietary information until further 
notice.\11\ 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.\12\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'')
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 
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. 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.
    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, unless extended, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. If either of the respondents' 
weighted-average dumping margins is not zero or de minimis (i.e., less 
than 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 those same sales in accordance 
with 19 CFR 351.212(b)(1).\13\ If either of the respondents' weighted-
average dumping margin or an importer-specific assessment rate is zero 
or de minimis in the final results of review, we intend to instruct CBP 
not to assess duties on any 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 covered by the final results of this review and 
for future deposits of estimated duties, where applicable.\15\
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    \13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \14\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
    \15\ See section 751(a)(2)(C) of the Act.
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    For entries of subject merchandise during the POR produced by 
either of the respondents for which they did not know that the 
merchandise was destined to the United States, 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 practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).

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[[Page 59987]]

    For the companies identified above that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rates established after the completion of the final results of 
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 Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of hot-rolled steel from Korea 
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 the respondents will be equal to the 
weighted-average dumping margin established in the final results of 
this administrative review; (2) for merchandise exported by a company 
not covered in this review but covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent 
period; (3) if the exporter is not a firm covered in this review or the 
original investigation but the producer is, then the cash deposit rate 
will be the rate established in the completed segment for the most 
recent period for the producer of the merchandise; (4) the cash deposit 
rate for all other producers or exporters will continue to be 6.05 
percent, the all-others rate established in the less-than-fair-value 
investigation.\17\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \17\ See Order, 81 FR at 67965.
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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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
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: October 25, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Successor-In-Interest Determination
V. Affiliation and Single Entity Treatment
VI. Particular Market Situation Allegation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2021-23593 Filed 10-28-21; 8:45 am]
BILLING CODE 3510-DS-P