[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11410-11412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04180]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-836]


Certain Cut-to-Length Carbon-Quality Steel Plate Products From 
the Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
producers/exporters subject to this administrative review made sales of 
subject merchandise at less than normal value during the period of 
review (POR), February 1, 2020, through January 31, 2021. We invite 
interested parties to comment on these preliminary results of review.

DATES: Applicable March 1, 2022.

FOR FURTHER INFORMATION CONTACT: Andre Gziryan, 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) 482-2201.

SUPPLEMENTARY INFORMATION:

Background

    On February 10, 2000, Commerce published in the Federal Register an 
antidumping duty order on certain cut-to-length carbon-quality steel 
plate products (CTL plate) from the Republic of Korea (Korea).\1\ On 
February 2, 2021, we published in the Federal Register a notice of 
opportunity to request an administrative review of the Order.\2\ On 
April 1, 2021, based on timely requests for an administrative review 
Commerce initiated the administrative review of four companies.\3\
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    \1\ See Notice of Amendment of Final Determinations of Sales at 
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products from France, India, 
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585 
(February 10, 2000) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 86 FR 7855 (February 2, 2021).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 17124 (April 1, 2021) (Initiation 
Notice).
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    On October 14, 2021, Commerce extended the time limit for issuing 
the preliminary results of this review by 117 days, to no later than 
February 25, 2022.\4\ For a complete description of the

[[Page 11411]]

events between the initiation of this review and these preliminary 
results, see the Preliminary Decision Memorandum.\5\
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    \4\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel 
Plate Products from the Republic of Korea: Extension of Deadline for 
Preliminary Results of the Antidumping Duty Administrative Review; 
2020-2021,'' dated October 14, 2021.
    \5\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel 
Plate Products from the Republic of Korea: Decision Memorandum for 
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by this Order are certain CTL plate from 
Korea. A full description of the scope of the order is contained in the 
Preliminary Decision Memorandum.\6\
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    \6\ See Preliminary Decision Memorandum at ``Scope of the 
Order.''
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Methodology

    Commerce is conducting this review in accordance with section 751 
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. 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 included in the Preliminary Decision Memorandum is included 
in the 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 Respondents Not Selected for Individual Examination

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to 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 have preliminarily calculated a weighted-average 
dumping margin for the mandatory respondent, Hyundai Steel Company 
(Hyundai Steel) that is not zero, de minimis, or determined entirely on 
the basis of facts available. Accordingly, Commerce preliminarily has 
assigned to the companies not individually examined, listed in the 
chart below, a margin of 6.09 percent based on Hyundai Steel's 
calculated weighted-average dumping margin.

Preliminary Results of the Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the respondents for the period February 1, 
2020, through January 31, 2021:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Hyundai Steel Company......................................        6.09
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   Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
BDP International...........................................        6.09
Dongkuk Steel Mill Co., Ltd.................................        6.09
Sung Jin Steel Co., Ltd.....................................        6.09
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after public 
announcement of the preliminary results.\7\ Pursuant to 19 CFR 
351.309(c), interested parties may submit case briefs not 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.\8\ Commerce 
modified certain of its requirements for serving documents containing 
business proprietary information until further notice.\9\ 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.\10\
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(d).
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \10\ 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. 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 the date, time, and location of the 
hearing two days before the scheduled date. 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.\11\
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    \11\ See 19 CFR 351.310(c).
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    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, pursuant to section 751(a)(3)(A) of the 
Act.

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 covered by this review.\12\ If a 
respondent's weighted-average dumping margin 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 the respondent's

[[Page 11412]]

weighted-average dumping margin or an importer-specific assessment rate 
is zero or de minimis in the final results of this review, we intend to 
instruct CBP not to assess duties on any of its 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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    \12\ See 19 CFR 351.212(b)(1).
    \13\ 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 Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \14\ See Final Modification for Reviews, 77 FR at 8103; 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 
Hyundai Steel for which it did not know its merchandise was destined 
for the United States, we will instruct CBP to liquidate these 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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    For the companies identified above that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rates at the rates established after the completion of the final 
results of review.
    We intend 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 for estimated antidumping 
duties will be effective upon publication in the Federal Register of 
the notice of final results of this review for all shipments of CTL 
plate from Korea entered, or withdrawn from warehouse, for consumption 
on or after the date of publication as provided by section 751(a)(2) of 
the Act: (1) The cash deposit rate for companies subject to this review 
will be equal to the weighted-average dumping margins established in 
the final results of the review; (2) for merchandise exported by 
companies not covered in this review but covered in a prior segment of 
this 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, a 
prior review, or the original less-than-fair-value (LTFV) 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; and (4) the cash deposit rate for all 
other producers or exporters will continue to be 0.98 percent,\17\ the 
all-others rate established in the LTFV investigation, adjusted for the 
export-subsidy rate in the companion countervailing duty investigation. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \17\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate 
Products from the Republic of Korea: Final Results of Antidumping 
Duty Administrative Review; 2016-2017, 83 FR 32629, 32630 (July 13, 
2018).
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Notification to Importers

    This notice 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 double 
antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 the terms of an APO is a violation 
subject to sanctions.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).

    Dated: February 22, 2022.
Lisa W. Wang,
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. Rate for the Respondents not Selected for Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2022-04180 Filed 2-28-22; 8:45 am]
BILLING CODE 3510-DS-P