[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Pages 53728-53730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18952]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-837]


Certain Cut-to-Length Carbon-Quality Steel Plate From the 
Republic of Korea: Final Results, and Rescission, in Part, of 
Countervailing Duty Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are not being provided to certain producers 
and exporters of certain cut-to-length carbon-quality steel plate from 
the Republic of Korea (Korea). The period of review (POR) is January 1, 
2020, through December 31, 2020.

DATES: Applicable September 1, 2022.

FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1671.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this review on March 
2, 2022 and, subsequently, on May 12, 2022, issued its post-preliminary 
analysis.\1\ On June 8, 2022, Commerce extended the final results of 
review to August 26, 2022.\2\ For a complete description of the events 
that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\3\
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    \1\ See Certain Cut-to-Length Carbon-Quality Steel Plate from 
the Republic of Korea: Preliminary Results and Preliminary Intent To 
Rescind, in Part, the Countervailing Duty Administrative Review; 
2020, 87 FR 11688 (March 2, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum; see also Memorandum, 
``Countervailing Duty Administrative Review of Certain Cut-To Length 
Carbon-Quality Steel Plate from the Republic of Korea; 2020: Post-
Preliminary Analysis Memorandum,'' dated May 12, 2022.
    \2\ See Memorandum, ``Extension of Deadline for Final Results,'' 
dated June 8, 2022.
    \3\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review, 2020: Certain Cut-
To-Length Carbon-Quality Steel 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 4
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    \4\ See Notice of Amended Final Determination: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of 
Korea; and Notice of Countervailing Duty Orders: Certain Cut-to-
Length Carbon-Quality Steel Plate from France, India, Indonesia, 
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000) 
(Order).
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    The product covered by this order is certain cut-to-length carbon-
quality steel plate. For a complete description of the scope of this 
order, see the Issues and Decision Memorandum.

Rescission of Administrative Review, In Part

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
data and comments received from interested parties, we determine that 
two companies, BDP International and Sung Jin Steel Co., Ltd had no 
reviewable shipments, sales, or entries of subject merchandise during 
the POR. Absent evidence of shipments on the record, we are rescinding 
the administrative review of these companies, pursuant to 19 CFR 
351.213(d)(3). For further information, see ``Rescission of 
Administrative Review, in Part'' in the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of topics discussed in the 
Issues and Decision Memorandum is included 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

[[Page 53729]]

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.

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 all of 
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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Changes Since the Preliminary Results

    Based on a review of the record and 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 these final results of review.

Companies Not Selected for Individual Review

    To determine the rate for companies not selected for individual 
examination, Commerce's practice is to weight average the net 
countervailable subsidy rates for the selected mandatory companies, 
excluding rates that are zero, de minimis, or based entirely on facts 
available.\6\ In this review, we calculated a de minimis net 
countervailable subsidy rate for the sole mandatory respondent Hyundai 
Steel Co., Ltd. (Hyundai Steel). In countervailing duty proceedings, 
where the number of respondents individually examined has been limited, 
Commerce has determined that a ``reasonable method'' to use to 
determine the rate applicable to companies not individually examined 
when all the rates of selected mandatory respondents are zero or de 
minimis is to assign to the non-selected respondents the average of the 
most recently determined rates that are not zero, de minimis, or based 
entirely on facts available.\7\ However, as discussed in the Issues and 
Decisions Memorandum, where a non-selected respondent has a calculated 
rate in a prior segment of the proceeding, Commerce finds it 
appropriate to apply the most recently calculated rate for that 
respondent (even when that rate is zero or de minimis) unless Commerce 
determines that rate to be obsolete.\8\
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    \6\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
    \7\ See, e.g., Circular Welded Carbon Steel Pipes and Tubes from 
Turkey: Final Results of Countervailing Duty Administrative Review; 
Calendar Year 2012 and Rescission of Countervailing Duty 
Administrative Review, in Part, 79 FR 51140, 51141 (August 27, 
2014); and Cut-to-Length Carbon-Quality Steel Plate from the 
Republic of Korea: Final Results of Countervailing Duty 
Administrative Review; 2012, 79 FR 46770 (August 11, 2014), and 
accompanying Issues and Decision Memorandum, at ``Non-Selected 
Rate.''
    \8\ Id.
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    In the 2018 administrative review of the Order, we calculated a net 
countervailable subsidy rate of 0.28 percent ad valorem (de minimis) 
for Dongkuk Steel Mill Co., Ltd. (DSM),\9\ which was not individually 
examined in this review. Therefore, consistent with Commerce's 
practice, described above, we are assigning the rate of 0.28 percent ad 
valorem to DSM, based on the company's most recent calculated rate. See 
the Issues and Decisions Memorandum for a discussion of assigning this 
rate to DSM.
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    \9\ See Certain Cut-to-Length Carbon-Quality Steel Plate from 
the Republic of Korea: Final Results of Countervailing Duty 
Administrative Review; Calendar Year 2018, 85 FR 84296 (December 28, 
2020).
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Final Results of Administrative Review

    We determine that, for the period January 1, 2020, through December 
31, 2020, the following net countervailable subsidy rates exist:

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               Company                 Subsidy rate (percent ad valorem)
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Hyundai Steel Co., Ltd..............  0.25 (de minimis).
Dongkuk Steel Mill Co., Ltd.........  0.28 (de minimis).
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Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).

Assessment Rate

    In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue 
assessment instructions to CBP to liquidate shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after January 1, 2020, through December 31, 2020, for the above-listed 
companies (to which a de minimis rate is assigned) without regard to 
countervailing duties. For the companies for which this review is 
rescinded, we will instruct CBP to assess countervailing duties on all 
appropriate entries at a rate equal to the cash deposit of estimated 
countervailing duties required at the time of entry, or withdrawal from 
warehouse, for consumption, during the period January 1, 2020, through 
December 31, 2020, in accordance with 19 CFR 351.212(c)(l)(i). 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 Rates

    For the companies listed above for which the subsidy rates are de 
minimis, no cash deposit will be required of these companies on 
shipments of the subject merchandise entered or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. 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 (i.e., 3.26 percent) \10\ applicable to the company, as 
appropriate. These cash deposits, when imposed, shall remain in effect 
until further notice.
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    \10\ See Order, 65 FR 6589.
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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), which 
continues to govern business proprietary information in this segment of 
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 subject to sanction.

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 351.213(d)(4) 
and 19 CFR 351.221(b)(5).


[[Page 53730]]


    Dated: August 26, 2022
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Period of Review
VI. Rescission of Administrative Review, In Part
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Discussion of Comments
    Comment 1: Whether the Korea Emissions Trading System is 
Countervailable
    Comment 2: Whether the Preliminary Korea Emissions Trading 
System Benefit Calculation was Incorrect
    Comment 3: Whether Provision of Port Usage Rights at the Port of 
Incheon is Countervailable
    Comment 4: Whether Electricity is Subsidized by the Government 
of Korea
    Comment 5: Whether Hyundai Steel and Hyundai Green Power are 
Cross-Owned
    Comment 6: Whether the Reduction of Sewerage Usage Fees in 
Pohang Constitutes a Countervailable Subsidy
    Comment 7: Selection of a Final Rate for Dongkuk Steel Mill Co., 
Ltd.
X. Recommendation

[FR Doc. 2022-18952 Filed 8-31-22; 8:45 am]
BILLING CODE 3510-DS-P