[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Notices]
[Pages 12660-12662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04691]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-883]


Certain Hot-Rolled Steel Flat Products 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 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.

DATES: Applicable March 7, 2022.

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 29, 2021, Commerce published the preliminary results of 
the 2019-2020 administrative review of the antidumping duty order on 
hot-rolled steel flat products (hot-rolled steel) from the Republic of 
Korea (Korea).\1\ This review covers two producer/exporters of the 
subject merchandise, Hyundai Steel Company (Hyundai Steel) and 
POSCO.\2\ We invited parties to comment on the Preliminary Results.\3\ 
On November 29, 2021, we received case briefs from the petitioners \4\ 
and from the mandatory respondents, Hyundai Steel and POSCO.\5\ On 
December 6, 2021, the petitioners, Hyundai Steel, and POSCO submitted 
rebuttal briefs.\6\ Commerce conducted this review in accordance with 
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Hot-Rolled Steel Flat Products from the Republic 
of Korea: Preliminary Results of Antidumping Duty Administrative 
Review; 2019-2020, 86 FR 59985 (October 29, 2021) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ We initiated this review with respect to POSCO and POSCO 
Daewoo Corporation. We preliminarily found that POSCO International 
Corporation (PIC) is the successor-in-interest to POSCO Daewoo 
Corporation (PDW) and treated POSCO and PIC as a single entity. See 
Preliminary Decision Memorandum. For the final results, we continue 
treat POSCO and PIC as a single entity, hereinafter collectively 
referred to as POSCO. See ``Successor-in-Interest Determination'' 
and ``Affiliation and Single Entity Treatment'' sections of this 
notice.
    \3\ See Preliminary Results, 86 FR at 59985.
    \4\ See Petitioners' Letter, ``Certain Hot-Rolled Steel Flat 
Products from the Republic of Korea: Petitioners' Case Brief,'' 
dated November 29, 2021. The petitioners are SSAB Enterprises, LLC, 
and Steel Dynamics, Inc. (collectively, the petitioners).
    \5\ See Hyundai Steel's Letter, ``Certain Hot-Rolled Steel Flat 
Products from Korea, 10/01/2019-9/30/2020 Administrative Review, 
Case No. A-580-883: Hyundai Steel's Case Brief'' dated November 29, 
2021; and POSCO's Letter, ``Hot-Rolled Steel Flat Products from the 
Republic of Korea--POSCO's Case Brief,'' dated November 29, 2021.
    \6\ See Petitioners' Letter, ``Certain Hot-Rolled Steel Flat 
Products from the Republic of Korea: Petitioners' Rebuttal Brief,'' 
dated December 6, 2021; see also Hyundai Steel's Letter, ``Certain 
Hot-Rolled Steel Flat Products from Korea, 10/01/2019-9/30/2020 
Administrative Review, Case No. A-580-883: Hyundai Steel's Case 
Brief''; and POSCO's Letter, ``Hot-Rolled Steel Flat Products from 
the Republic of Korea--POSCO's Rebuttal Brief,'' both dated December 
6, 2021.
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Scope of the Order

    The products covered by the Order \7\ are hot-rolled steel. A full 
description of the scope of the Order is contained in the Issues and 
Decision Memorandum.\8\
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    \7\ 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).
    \8\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Korea: Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this administrative review 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.

[[Page 12661]]

Successor-in-Interest Determination

    We preliminarily found that PIC is the successor in interest to PDW 
for purposes of determining AD duty cash deposits and liabilities on 
the subject merchandise and the current cash deposit rate assigned to 
PDW should be the cash deposit rate for PIC as a result of our 
successor-in-interest finding.\9\ Since the Preliminary Results, no 
interested party commented on our preliminary finding. Accordingly, we 
continue to find that PIC is the successor-in-interest to PDW.
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    \9\ See Preliminary Results PDM at 6.
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Affiliation and Single Entity Treatment

    We preliminarily found that POSCO and PIC are affiliated and should 
be treated as a single entity pursuant to 19 CFR 351.401(f).\10\ Since 
the Preliminary Results, no interested party commented on this 
preliminary finding. Accordingly, we continue to find that POSCO and 
PIC should be treated as a single entity.
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    \10\ See Preliminary Results PDM at 8.
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Changes Since the Preliminary Results

    Based on the comments received from interested parties regarding 
our Preliminary Results, and for the reasons explained in the Issues 
and Decision Memorandum, we made certain changes for the final results 
of review.

Final Results of Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel Company.......................................        3.62
POSCO; POSCO International Corporation......................        1.57
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    Review-Specific Average Rate Applicable to the Following Companies: 
\11\
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    \11\ This rate was calculated by weight-averaging the margins 
calculated for the individually examined respondents. For more 
information regarding the calculation of this margin, see 
Memorandum, ``Final 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.

------------------------------------------------------------------------
                                                                Average
                                                                dumping
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Dongkuk Industries Co., Ltd.................................        2.95
Dongkuk Steel Mill Co., Ltd.................................        2.95
KG Dongbu Steel Co., Ltd....................................        2.95
Marubeni-Itochu Steel Korea, Ltd............................        2.95
Snp Ltd.....................................................        2.95
Soon Hong Trading Co........................................        2.95
Sungjin Co., Ltd............................................        2.95
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Disclosure

    We intend to disclose the calculations performed in connection with 
these final results to parties in this proceeding within five days 
after public announcement of the final results or, if there is no 
public announcement, within five days of the date of publication of the 
notice of final results in the Federal Register, in accordance with 19 
CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce will 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.
    For Hyundai Steel and POSCO we calculated importer-specific 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for each importer's examined sales and the total 
entered value of those sales in accordance with 19 CFR 
351.212(b)(1).\12\ Where an importer-specific assessment rate is de 
minimis (i.e., less than 0.5 percent), the entries by that importer 
will be liquidated without regard to antidumping duties.
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    \12\ In these final 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).
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    For entries of subject merchandise during the POR produced by 
either of the individually examined respondents for which it did not 
know that its 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.
    For the companies identified above that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rates established in these 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

    Upon publication of this notice in the Federal Register, the 
following cash deposit requirements will be effective for all shipments 
of hot-rolled steel 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 rates for the companies 
subject to this review will be equal to the weighted-average dumping 
margin established in the final results of the review; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior completed 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, a prior review, or 
the original investigation but the producer has been covered in a prior 
completed segment of this proceeding, 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 for this proceeding.\13\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \13\ See Order, 81 FR at 67963, 67965.
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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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

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

[[Page 12662]]

disclosed under the APO in accordance 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/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 which is subject to sanction.

Notification to Interested Parties

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

    Dated: February 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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Particular Market Situation (PMS)
    Comment 2: Cost Smoothing
    Comment 3: Hyundai Steel's Constructed Export Price (CEP) Offset
    Comment 4: Affiliated-Party Inputs Regarding POSCO and Hyundai 
Steel
    Comment 5: Hyundai Steel's Affiliated Party Input Adjustment
    Comment 6: POSCO's Freight Revenue
    Comment 7: POSCO's U.S. Indirect Selling Expenses (ISEs)
VI. Recommendation

[FR Doc. 2022-04691 Filed 3-4-22; 8:45 am]
BILLING CODE 3510-DS-P