[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5792-5793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02140]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-891]


Carbon and Alloy Steel Wire Rod From the Republic of Korea: Final 
Results of Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that POSCO, 
the sole producer and exporter subject to this review, made sales of 
subject merchandise at less than normal value during the period of 
review (POR), May 1, 2019, through April 30, 2020.

DATES: Applicable February 2, 2022.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2316.

SUPPLEMENTARY INFORMATION:

Background

    On August 4, 2021, Commerce published the Preliminary Results \1\ 
of this administrative review. POSCO is the sole producer and exporter 
subject to the review. For a complete description of the events that 
followed the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ Commerce conducted this review in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review; 2019-2020, 86 FR 41951 (August 4, 2021) (Preliminary 
Results).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Administrative Review of the Antidumping Duty Order 
on Carbon and Alloy Steel Wire Rod from the Republic of Korea; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order 3
---------------------------------------------------------------------------

    \3\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic 
of Korea, Spain, the Republic of Turkey, and the United Kingdom: 
Antidumping Duty Orders and Amended Final Affirmative Antidumping 
Duty Determinations for Spain and the Republic of Turkey, 83 FR 
23417 (May 21, 2018) (Order).
---------------------------------------------------------------------------

    The scope of the Order includes certain hot-rolled products of 
carbon steel and alloy steel, in coils, of approximately round cross 
section, less than 19.00 mm in actual solid cross-sectional diameter. 
On April 8, 2019, Commerce excluded from the scope of the Order grade 
1078 and higher tire cord quality wire rod used in the production of 
tire cord wire.\4\ On June 13, 2019, Commerce excluded from the scope 
of the Order valve spring quality steel products defined as wire 
rod.\5\ For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \4\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Korea and the United Kingdom: Notice of Final Results of Antidumping 
Duty Changed Circumstances Review, 84 FR 13888 (April 8, 2019).
    \5\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Korea: Final Results of Antidumping Duty Changed Circumstances 
Review, 84 FR 27582 (June 13, 2019).
---------------------------------------------------------------------------

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum. A list of these issues is attached 
in 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.

Change Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, a review of the record, and for the reasons explained in the 
Issues and Decision Memorandum, we revised the general and 
administrative expenses ratio and changed the preliminary margin 
calculation.

Final Results of the Review

    We determine that the following weighted-average dumping margin 
exists for the period May 1, 2019, through April 30, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                Average
                  Producer and/or Exporter                      Dumping
                                                                Margin
                                                               (percent)
------------------------------------------------------------------------
POSCO.......................................................        7.46
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for the final 
results within five days of the publication date of this notice in the 
Federal Register, in

[[Page 5793]]

accordance with section 751(a) of the Act and 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review.\6\ In 
accordance with 19 CFR 351.212(b)(1), Commerce calculated an importer-
specific ad valorem antidumping assessment rate for POSCO that is not 
zero or de minimis, and will instruct CBP to assess antidumping duties 
on all appropriate entries covered by this review.
---------------------------------------------------------------------------

    \6\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 
2012).
---------------------------------------------------------------------------

    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by POSCO for which it did 
not know that the merchandise was destined for 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.\7\
---------------------------------------------------------------------------

    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    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 for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided by section 751(a)(2)(C) of 
the Act: (1) The cash deposit rate for POSCO is equal to the weighted-
average dumping margin established in the final results of this review; 
(2) for previously investigated companies not participating in this 
review, the cash deposit rate will continue to be the company-specific 
rate published for the most recently completed segment of this 
proceeding; (3) if the exporter was not covered in this review or the 
investigation, but the producer was covered, the cash deposit rate will 
be the rate established in the most recently completed segment of this 
proceeding for the producer of subject merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
41.10 percent, the all-others rate established in the original less-
than-fair-value investigation.\8\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ See Order.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final 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 presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or 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 sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) 
and 351.221(b)(5).

    Dated: January 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Change Since the Preliminary Results
V. Discussion of Issues
    Comment 1: Whether a Constructed Export Price (CEP) Offset is 
Warranted
    Comment 2: Whether the POR is the Correct Reporting Period for 
Cost of Production
    Comment 3: Whether Cost Adjustments for Purchases of Inputs from 
Affiliated Suppliers are Warranted
    Comment 4: Whether Commerce Should Exclude Four Items from 
POSCO's General and Administrative Expenses (G&A) Ratio
VI. Recommendation

[FR Doc. 2022-02140 Filed 2-1-22; 8:45 am]
BILLING CODE 3510-DS-P