[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 79-80]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28403]



[[Page 79]]

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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: Final Results of Countervailing Duty Administrative 
Review; 2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to Hyundai Steel Co., Ltd. 
(Hyundai Steel), a producer and exporter of certain cut-to-length 
carbon-quality steel plate from the Republic of Korea (Korea). The 
period of review (POR) is January 1, 2019, through December 31, 2019.

DATES: Applicable January 3, 2022.

FOR FURTHER INFORMATION CONTACT: John Conniff or David Lindgren, 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 or (202) 482-1671.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this review on June 
30, 2021.\1\ On October 1, 2021, Commerce extended the final results of 
review to December 23, 2021.\2\ Subsequently, on October 20, 2021, 
Commerce issued its post-preliminary analysis.\3\ For a description of 
the events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\4\
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    \1\ See Certain Cut-To-Length Carbon-Quality Steel Plate from 
the Republic of Korea: Preliminary Results of Countervailing Duty 
Administrative Review; 2019, 86 FR 34718 (June 30, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated October 1, 2021.
    \3\ See Memorandum, ``Countervailing Duty Administrative Review 
of Certain Cut-To Length Carbon-Quality Steel Plate from the 
Republic of Korea; 2019: Post-Preliminary Analysis Memorandum,'' 
dated October 19, 2021 (Post-Preliminary Analysis Memorandum).
    \4\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review, 2019: Certain Cut-
To-Length Carbon-Quality Steel Plate from the Republic of Korea,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order 5
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    \5\ See Notice of Amended Final Determination: 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).
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    The product covered by this Order is certain cut-to-length carbon-
quality steel plate. For a complete description of the scope of this 
order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum, which is hereby adopted by this 
notice. A list of topics discussed in the Issues and Decision 
Memorandum is included as an appendix to this notice. The Issues and 
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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    After evaluating the comments received from interested parties and 
record information, we have made no changes to the net subsidy rate 
preliminarily calculated for Hyundai Steel in the Preliminary Results 
as updated in the post-preliminary analysis. However, as discussed in 
the section below, we have revised the rate for the non-selected 
companies as calculated in the Preliminary Results. For a discussion of 
these comments, see the Issues and Decision Memorandum.

Companies Not Selected for Individual Review

    The Act and Commerce's regulations do not directly address the 
subsidy rate to be applied to companies not selected for individual 
examination where Commerce limits its examination in an administrative 
review pursuant to section 777A(e)(2) of the Tariff Act of 1930, as 
amended (the Act). However, Commerce normally determines the rates for 
non-selected companies in reviews in a manner that is consistent with 
section 705(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation. Section 777A(e)(2) 
of the Act provides that ``the individual countervailable subsidy rates 
determined under subparagraph (A) shall be used to determine the all-
others rate under section 705(c)(5) {of the Act{time} .'' Section 
705(c)(5)(A) of the Act states that for companies not investigated, in 
general, we will determine an all-others rate by weight-averaging the 
countervailable subsidy rates established for each of the companies 
individually investigated, excluding zero and de minimis rates or any 
rates based solely on the facts available.
    Accordingly, to determine the rate for companies not selected for 
individual examination, Commerce's practice is to weight average the 
net subsidy rates for the selected mandatory companies, excluding rates 
that are zero, de minimis, or based entirely on facts available.\6\ 
Because we have determined that Hyundai Steel received countervailing 
subsidies that are above de minimis and are not based entirely on facts 
available, we will apply Hyundai Steel's net subsidy rate to the non-
selected companies Dongkuk Steel Mill Co., Ltd., BDP International and 
Sung Jin Steel Co., Ltd. See the Issues and Decisions Memorandum for a 
discussion of assigning this rate to DSM.
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    \6\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
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Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we find that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\7\ For a description of 
the methodology underlying all of Commerce's conclusions, see the 
Issues and Decision Memorandum.
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    \7\ 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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Final Results of Administrative Review

    We determine that, for the period January 1, 2019, through December 
31, 2019, the following net countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Hyundai Steel Co., Ltd..................................            0.56
Dongkuk Steel Mill Co., Ltd.............................            0.56
BDP International.......................................            0.56
Sung Jin Steel Co., Ltd.................................            0.56
------------------------------------------------------------------------

Disclosure

    No changes were made to the preliminary and post-preliminary 
calculations for Hyundai Steel; therefore, there are no calculations to 
release for Hyundai Steel.

[[Page 80]]

Assessment Rate

    Pursuant to section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, countervailing duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review, for Hyundai Steel at the applicable ad valorem assessment rate 
listed. 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 Rates

    In accordance with section 751(a)(2)(C) of the Act, Commerce 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for the companies listed 
above on shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this administrative 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 
deposits, when imposed, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.

Notice to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 23, 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 Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Period of Review
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of Comments
    Comment 1: Whether the Korea Emissions Trading System is 
Countervailable
    Comment 2: Whether Provision of Port Usage Rights at the Port of 
Incheon is Countervailable
    Comment 3: Whether Electricity is Subsidized by the Government 
of the Republic of Korea
    Comment 4: Whether Commerce Should Select Dongkuk Steel Mill 
Co., Ltd. as a Voluntary Respondent
    Comment 5: Selection of a Final Rate for Dongkuk Steel Mill Co., 
Ltd.
IX. Recommendation

[FR Doc. 2021-28403 Filed 12-30-21; 8:45 am]
BILLING CODE 3510-DS-P