[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6483-6485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02308]


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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: 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) 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 and its 
affiliated companies (collectively, the POSCO single entity). We 
determine that sales of subject merchandise by the POSCO single entity 
were not made at prices below normal value (NV).

DATES: Applicable February 4, 2022.

FOR FURTHER INFORMATION CONTACT: Janae Martin or William Horn, 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) 482-0608 or (202) 
482-4868, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results on August 6, 2021.\1\ We 
invited interested parties to comment on the Preliminary Results. For a 
complete description of the events that occurred subsequent to the 
Preliminary Results, see the Issues and Decision Memorandum.\2\
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    \1\ See Carbon and Alloy Steel Cut-to-Length Plate from the 
Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2019-2020; 86 FR 43178 (August 6, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results in the 2019-2020 Antidumping Duty Administrative 
Review of Carbon and Alloy Steel Cut-to-Length 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 3
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    \3\ 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 merchandise subject to the Order 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.
    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,

[[Page 6484]]

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 scope of the 
Order, see the accompanying Issues and Decisions Memorandum.\4\
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    \4\ See Issues and Decisions Memorandum at 2-7.
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Analysis of Comments Received

    All issues raised in the parties' case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum and are listed in the 
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 https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on the comments received from interested parties and record 
information, we made no changes to our preliminary margin calculations 
for the POSCO single entity.

Final Results of the Review

    As a result of this review, we determine the following weighted-
average dumping margin exists for the POR:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
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POSCO single entity \5\....................................       00.00
------------------------------------------------------------------------

Disclosure

     
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    \5\ Commerce continues to determine 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 Tariff Act of 1930, as amended (the Act), and that 
these companies should be treated as a single entity (collectively, 
the POSCO single entity) pursuant to 19 CFR 351.401(f). Our 
collapsing determination with respect to Shinjin Esco Co., Ltd. 
relates only to the portion of the POR during which the company was 
affiliated with POSCO, i.e., from May 1, 2019, to February 10, 2020. 
See Preliminary Results; see also Memorandum, ``2019-2020 
Antidumping Duty Administrative Review of Certain Carbon and Alloy 
Steel Cut-to-Length Plate from the Republic of Korea: Affiliation 
and Collapsing Memorandum,'' dated July 30, 2021.
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    Normally, Commerce will disclose to the parties in a proceeding the 
calculations performed in connection with a final results of review, in 
accordance with 19 CFR 351.224(b). However, because Commerce made no 
adjustments to the margin calculation methodology used in the 
Preliminary Results, there are no additional calculations to disclose 
for the final results of this review.

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with these final results of 
review.\6\ Because the weighted-average dumping margin for the POSCO 
single entity is zero percent, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\7\
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    \6\ See 19 CFR 351.212(b).
    \7\ 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).
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    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
that the merchandise they 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.\8\
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    \8\ 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 for all 
shipments of the 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 the POSCO single 
entity will be equal to the weighted-average dumping margin established 
in the final results of this administrative review (i.e., zero 
percent); (2) for merchandise exported by a producer or exporter 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 for the most recently completed segment of this 
proceeding in which the producer or exporter participated; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original less-than-fair-value (LTFV) investigation, but the producer 
is, the cash deposit rate will be the rate established for the most 
recently completed segment of the proceeding 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 ad valorem, the all-others 
rate established in the LTFV investigation.\9\
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    \9\ See Order, 82 FR 24098.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also 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 the 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 Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance

[[Page 6485]]

with 19 CFR 351.305(a)(3), which continues to govern business 
proprietary information in this segment of the proceeding. 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 the terms of an APO is a 
sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: January 28, 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. The POSCO Single Entity
V. Discussion of the Issues
    Comment 1: Collapsing Taechang and Winsteel with POSCO
VI. Recommendation

[FR Doc. 2022-02308 Filed 2-3-22; 8:45 am]
BILLING CODE 3510-DS-P