[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Notices]
[Pages 27570-27571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09913]



[[Page 27570]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-884]


Certain Hot-Rolled Steel Flat Products From the Republic of 
Korea: Final Results of Countervailing Duty Administrative Review; 2019

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

SUMMARY: The Department of Commerce (Commerce) determines that 
producers/exporters of certain hot-rolled steel flat products (hot-
rolled steel) from the Republic of Korea (Korea) received 
countervailable subsidies during the period of review (POR) January 1, 
2019, through December 31, 2019.

DATES: Applicable May 9, 2022.

FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2517.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results of this review on 
November 4, 2021.\1\ On December 21, 2021, Commerce issued a post-
preliminary analysis relating to two programs.\2\ On February 25, 2022, 
Commerce extended the deadline for the final results of this 
administrative review until May 3, 2022.\3\ For a complete description 
of the events that occurred since the Preliminary Results, see the 
Issues and Decision Memorandum.\4\
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    \1\ See Certain Hot-Rolled Steel Flat Products from the Republic 
of Korea: Preliminary Results of Countervailing Duty Administrative 
Review and Rescission in Part; 2019, 86 FR 60797 (November 4, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Countervailing Duty Administrative Review 
of Certain Hot-Rolled Steel Flat Products from the Republic of 
Korea; 2019: Post-Preliminary Analysis Memorandum,'' dated December 
21, 2021 (Post-Preliminary Analysis).
    \3\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from the Republic of Korea: Extension of Deadline for Final Results 
of Countervailing Duty Administrative Review,'' dated February 25, 
2022.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019 Administrative Review of the 
Countervailing Duty Order on Certain Hot-Rolled Steel Flat Products 
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

    The product covered by this order is hot-rolled steel. For a 
complete description of the scope of this order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    We addressed all issues raised in interested parties' case briefs 
in the Issues and Decision Memorandum accompanying this notice. A list 
of the issues raised by parties, to which Commerce responded in the 
Issues and Decision Memorandum, is provided as 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 http://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    After evaluating the comments received from interested parties and 
record information, we have made certain changes to our analysis, but 
have made no changes to the net subsidy rate calculated for Hyundai 
Steel. For a discussion of these comments, see the Issues and Decision 
Memorandum.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\5\ For a description of the methodology underlying Commerce's 
conclusions, see the Issues and Decision Memorandum.
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Final Rate for Non-Selected Company Under Review

    There is one company in this review that was not selected as a 
mandatory respondent, i.e., POSCO. Because the subsidy rate calculated 
for mandatory respondent Hyundai Steel was above de minimis and not 
based entirely on facts available, we are applying that rate to POSCO. 
This methodology for establishing the subsidy rate for the non-selected 
company is consistent with our practice and with section 705(c)(5)(A) 
of the Act.

Final Results of Administrative Review

    We determine that, for the period January 1, 2019, through December 
31, 2019, the following net countervailable subsidy rates exist:
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    \6\ This company was also referenced as ``Hyundai Steel Co., 
Ltd.'' in the initiation notice. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 85 FR 78990 (December 8, 
2020).

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                           (percent  ad
                                                             valorem)
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Hyundai Steel Company \6\...............................            0.56
POSCO...................................................            0.56
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with final results within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final determination in 
the Federal Register, in accordance with 19 CFR 351.224(b). However, 
because there are no changes from the Preliminary Results and Post-
Preliminary Analysis, there are no new calculations to disclose.

Assessment Rate

    Pursuant to section 751(a)(2)(C), Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, countervailing duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this 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

    In accordance with section 751(a)(2)(C) of the Act, Commerce 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for the companies listed 
above. For all non-reviewed firms, we will instruct CBP to continue to 
collect cash deposits of estimated countervailing duties at the most 
recent company-specific or all-others rate applicable to the company, 
as appropriate. These cash deposits, when imposed, shall remain in 
effect until further notice.

[[Page 27571]]

Administrative Protective Order

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

Notice to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: May 3, 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. Period of Review
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
    Comment 1: Whether the Korean Emissions Trading System (K-ETS) 
Provides a Countervailable Benefit
    Comment 2: How Commerce Should Value Korean Allowance Units 
(KAUs)
    Comment 3: Provision of Port Usage Rights at the Port of Incheon
    Comment 4: Provision of Electricity from the Government of the 
Republic of Korea (GOK)
    Comment 5: Whether the Restriction of Special Taxation Act 
(RSTA) and Restriction of Special Location Taxation Act (RSLTA) 
Benefits Should be Combined for Determining Measurability
    Comment 6: Whether the Reduction for Sewerage Usage Fees in the 
City of Pohang is Countervailable
VIII. Recommendation

[FR Doc. 2022-09913 Filed 5-6-22; 8:45 am]
BILLING CODE 3510-DS-P