[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Pages 15371-15373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05692]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-881]


Certain Cold-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 certain 
cold-rolled steel flat products (cold-rolled steel) from the Republic 
of Korea were not sold in the United States at less than normal value 
during the period of review (POR), September 1, 2019, through August 
31, 2020.

DATES: Applicable March 18, 2022.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Preston Cox, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2924 or (202) 482-5041, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 6, 2021, Commerce published the Preliminary Results of 
this administrative review in the Federal Register.\1\ We invited 
interested parties to comment on the Preliminary Results.\2\ This 
administrative review covers two mandatory respondents: Hyundai Steel 
Company (Hyundai) and POSCO/POSCO International

[[Page 15372]]

Corporation (PIC) (collectively, POSCO/PIC).\3\ This administrative 
review also covers 38 producers and/or exporters of subject 
merchandise. The list of producers/exporters not selected for 
individual examination is attached as Appendix II to this notice.
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    \1\ See Certain Cold Rolled Steel Flat Products from the 
Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2019-2020, 86 FR 55584 (October 6, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Preliminary Results, 86 FR at 55585.
    \3\ Commerce continues to treat POSCO and POSCO International 
Corporation as a collapsed single entity for the final results of 
this review. See Preliminary Results PDM at 1; see also Certain 
Cold-Rolled Steel Flat Products from the Republic of Korea: Final 
Results of Antidumping Duty Administrative Review; 2018-2019, 86 FR 
40808 (July 29, 2021), and accompanying Issues and Decision 
Memorandum at 6 n.16.
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    On November 5, 2021, Hyundai submitted a case brief.\4\ No other 
party submitted case or rebuttal briefs. On February 1, 2022, we 
extended the deadline for these final results to no later than March 
18, 2022.\5\ For a complete description of the events that followed the 
Preliminary Results, see the Issues and Decision Memorandum.\6\
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    \4\ See Hyundai's Letter, ``Certain Cold Rolled Steel Flat 
Products from the Republic of Korea: Hyundai Steel's Case Brief,'' 
dated November 5, 2021.
    \5\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products 
from the Republic of Korea: Extension of Deadline for Final Results 
of 2019-2020 Antidumping Duty Administrative Review,'' dated 
February 1, 2022.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: Certain 
Cold-Rolled Steel Flat Products from the Republic of Korea; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order 7
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    \7\ See Certain Cold Rolled Steel Flat Products from Brazil, 
India, the Republic of Korea, and the United Kingdom: Amended Final 
Affirmative Antidumping Determinations for Brazil and the United 
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20, 
2016) (Order).
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    The product covered by the Order is cold-rolled steel from the 
Republic of Korea. For a complete description of the scope of this 
administrative review, see the Issues and Decision Memorandum.\8\
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    \8\ See Issues and Decision Memorandum at 2-5.
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Analysis of Comments Received

    All issues raised in the case brief filed by Hyundai, an interested 
party in this review, are discussed in the Issues and Decision 
Memorandum. A list of the issues which Hyundai raised, and to which we 
responded in the Issues and Decision Memorandum, is attached as 
Appendix I 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

    Based on a review of the record and our analysis of the comments 
received, we made certain changes to the margin calculation for 
Hyundai. For a complete discussion of these changes, see the Issues and 
Decision Memorandum.

Rate for Non-Selected Respondents

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin to be applied to companies not 
selected for individual 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 
less-than-fair-value (LTFV) investigation, for guidance when 
calculating the weighted-average dumping margin 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 examined, excluding any margins that are zero, 
de minimis (i.e., less than 0.5 percent), or determined entirely on the 
basis of facts available.
    Consistent with our practice and section 735(c)(5)(A) of the Act, 
for the companies that were not selected for individual review, we 
assigned a rate based on the rates of the respondents that were 
selected for individual examination. Consistent with the U.S. Court of 
Appeals for the Federal Circuit's decision in Albemarle, we are 
assigning to the 38 companies not selected for individual examination 
the zero percent rates calculated for the mandatory respondents, 
Hyundai and POSCO/PIC.\9\ These are the only rates determined in this 
review for individual respondents and, thus, we determine that they 
apply to the 38 firms not selected for individual examination under 
section 735(c)(5)(B) of the Act.
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    \9\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016) (Albemarle).
    \10\ See Appendix II for a full list of the non-selected 
companies.
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Final Results of the Administrative Review

    For these final results, we determine that the following weighted-
average dumping margins exist for the period September 1, 2019, through 
August 31, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel Company.......................................        0.00
POSCO/POSCO International Corporation.......................        0.00
Non-Selected Companies \10\.................................        0.00
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results to parties within five days of the date of publication of 
this notice 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 has determined, 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. Pursuant to 19 CFR 351.212(b)(1), Commerce calculated 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of dumping calculated for the examined sales to the 
total entered value of those sales. Where the respondent's weighted-
average dumping margin is either zero or de minimis, we intend to 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. Because the weighted-average dumping margins for 
Hyundai, POSCO/PIC, and the 38 firms not selected for individual 
examination have been determined to be zero percent, we intend to 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. In accordance with Commerce's practice, for entries 
of subject merchandise during the POR produced by Hyundai or POSCO/PIC 
for which it did not know its merchandise was destined for the United 
States, we intend to instruct CBP to liquidate such entries at the all-
others rate if there is no company-specific rate for the intermediate 
company(ies) involved in the transaction.\11\
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

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[[Page 15373]]

    Consistent with its recent notice,\12\ 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). The final results of this administrative review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise under review and for future cash deposits of estimated 
antidumping duties, where applicable.
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    \12\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of these final 
results 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 rates for the 
reviewed companies will be the rates established in the final results 
of this administrative review; (2) for merchandise exported by 
producers or exporters 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 in the most recently completed 
segment of this proceeding; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original LTFV 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; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 20.33 percent, the all-others rate 
established in the LTFV investigation.\13\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \13\ See Order.
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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 and/or countervailing 
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 double antidumping duties.

Notification Regarding Administrative Protective Order

    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), 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

    This notice is issued and published 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: March 11, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--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. Rate for Non-Examined Companies
VI. Discussion of the Issue
    Comment: Correction of Clerical Errors
VII. Recommendation

Appendix II--List of Companies Not Individually Examined

1. AJU Steel Co., Ltd.
2. Ameri-Source Korea
3. Dai Yang Metal Co., Ltd.
4. DCM Corporation
5. DK GNS Co., Ltd.
6. Dongbu Incheon Steel Co., Ltd
7. Dongbu Steel Co., Ltd.
8. Dongkuk Industries Co., Ltd.
9. Dongkuk Steel Mill Co., Ltd.
10. GS Global Corporation
11. Hanawell Co., Ltd.
12. Hankum Co., Ltd.
13. Hwashin Co. Ltd.
14. Hyosung TNC Corporation
15. Hyundai Corporation
16. JMP Co., Ltd.
17. KG Dongbu Steel Co., Ltd.
18. Korinox Co., Ltd.
19. Mikwang Precision Manufacture Co., Ltd.
20. Okaya Korea Co., Ltd.
21. POSCO Coated and Colored Steel Co., Ltd.
22. Samhwan Steel Co., Ltd.
23. Samsung C & T Corporation
24. Samsung Electronics Co., Ltd.
25. Samsung STS Co., Ltd.
26. SeAH Changwon Integrated Special Steel Corporation
27. SeAH Coated Metal Corporation
28. SeAH Steel Corporation
29. Shin Steel Co., Ltd.
30. Shin Young Co., Ltd.
31. Signode Korea Inc.
32. SK Networks Co., Ltd.
33. Soon Hong Trading Co., Ltd.
34. Sungjin Co., Ltd.
35. Taesan Corporation
36. TCC Steel Corporation
37. TI Automotive Ltd.
38. Wolverine Korea Co., Ltd.

[FR Doc. 2022-05692 Filed 3-17-22; 8:45 am]
BILLING CODE 3510-DS-P