[Federal Register Volume 87, Number 194 (Friday, October 7, 2022)]
[Notices]
[Pages 60989-60992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21849]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-881]


Certain Cold-Rolled Steel Flat 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 U.S. Department of Commerce (Commerce) preliminarily finds 
that certain cold-rolled steel flat products (cold-rolled steel) from 
the Republic of Korea (Korea) were not sold in the United States at 
less than normal value during the period of review (POR), September 1, 
2020, through August 31, 2021. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable October 7, 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 September 20, 2016, Commerce published in the Federal Register 
the antidumping duty order on cold-rolled steel from Korea.\1\ On 
September 2, 2021, Commerce published a notice of opportunity to 
request an administrative review of the Order.\2\ On November 5,

[[Page 60990]]

2021, based on timely requests for review, in accordance with 19 CFR 
351.221(c)(1)(i), Commerce initiated an administrative review of the 
Order with respect to four companies.\3\ On December 13, 2021, Commerce 
selected Hyundai Steel Company (Hyundai) and POSCO/POSCO International 
Corporation (PIC) (collectively, POSCO/PIC) as mandatory respondents in 
this administrative review.\4\ On May 25, 2022, Commerce extended the 
time period for issuing these preliminary results by 120 days, until 
September 30, 2022, in accordance with section 751(a)(3)(A) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(2).\5\
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    \1\ 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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 86 FR 49311, 49312 (September 2, 2021).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 61121 (November 5, 2021).
    \4\ See Memorandum, ``2020-2021 Administrative Review of Cold-
Rolled Steel Flat Products from the Republic of Korea: Respondent 
Selection,'' dated December 13, 2021. Consistent with the 2019-20 
administrative review, Commerce has collapsed POSCO and PIC, 
treating these companies as a single entity. 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), and accompanying Preliminary Decision Memorandum, 
at 1, unchanged in Certain Cold-Rolled Steel Flat Products from the 
Republic of Korea: Final Results of Antidumping Duty Administrative 
Review; 2019-2020, 87 FR 15371 (March 18, 2022). In the 2018-19 
administrative review, Commerce determined that PIC is the 
successor-in-interest to POSCO Daewoo Corporation (PDW), and, as a 
consequence, is part of the collapsed POSCO single entity. See 
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. We continue to refer to the collapsed entity 
as ``POSCO/PIC'' hereafter.
    \5\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products 
from the Republic of Korea: Extension of Preliminary Results of 
Antidumping Duty Administrative Review; 2020-21,'' dated May 25, 
2022.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as an appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 Administrative Review of the Antidumping 
Duty Order on Certain Cold Rolled Steel Flat Products from the 
Republic of Korea,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The product covered by the Order is cold-rolled steel from Korea. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. Export price is calculated in 
accordance with section 772 of the Act, and NV is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be determined for 
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 market economy less-than-fair-value (LTFV) investigation, for 
guidance when determining 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 investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this review, we preliminarily calculated a weighted-average 
dumping margin of 0.00 percent for Hyundai and a weighted-average 
dumping margin of 0.00 percent for POSCO/PIC. Consistent with the U.S. 
Court of Appeals for the Federal Circuit's decision in Albemarle,\7\ 
and our practice, we are applying to KG Dongbu Steel Co., Ltd. 
(Dongbu), the company not selected for individual examination in this 
review, a margin of zero percent, because we calculated rates of zero 
percent for both mandatory respondents, Hyundai and POSCO/PIC. These 
are the only margins determined in this review for individually 
examined respondents and, thus, we are applying this margin to Dongbu 
under section 735(c)(5)(B) of the Act.\8\
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    \7\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016) (Albemarle).
    \8\ See Memorandum, ``Preliminary Results of the Antidumping 
Duty Administrative Review of Cold-Rolled Steel Flat Products from 
the Republic of Korea; 2020-21: Calculation of Margin for 
Respondents Not Selected for Individual Examination,'' dated 
September 30, 2022.
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Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period September 1, 2020, through 
August 31, 2021:
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    \9\ This company is the only non-examined company in this 
review.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                 margin
                                                               (percent)
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Hyundai Steel Company........................................       0.00
POSCO/POSCO International Corporation........................       0.00
KG Dongbu Steel Co., Ltd.\9\.................................       0.00
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to interested parties within five days of the date 
of publication of this notice.\10\ A timeline for the submission of 
case briefs and written comments will be provided to interested parties 
at a later date.\11\ Rebuttal briefs, limited to issues raised in case 
briefs, may be filed no later than seven days after the date for filing 
case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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.
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    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(c).
    \12\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
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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, U.S. Department of Commerce, 
within 30 days after the date of publication of this notice. Hearing 
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 and

[[Page 60991]]

rebuttal briefs. If a request for a hearing is made, parties will be 
notified of the date and time for the hearing.\13\ Parties should 
confirm the date, time, and location of the hearing two days before the 
scheduled date.
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    \13\ See 19 CFR 351.310(d).
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    All briefs and hearing requests must be filed electronically using 
ACCESS and received successfully in their entirety by 5:00 p.m. Eastern 
Time on the due date. Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\14\
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    \14\ See Temporary Rule.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in any written briefs, no 
later than 120 days after the date of publication of these preliminary 
results.

Verification

    On February 14, 2022, Commerce received a timely request from 
Cleveland-Cliffs Inc., United States Steel Corporation, and Steel 
Dynamics Inc. (collectively, the petitioners) to verify the information 
submitted by two mandatory respondents in the course of this 
administrative review, pursuant to 19 CFR 351.307(b)(1)(v).\15\ As 
provided in section 782(i)(3) of the Act, Commerce intends to verify 
the information relied upon in determining the final results of review.
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    \15\ See Petitioners' Letter, ``Cold-Rolled Steel Flat Products 
from the Republic of Korea: Request for Verification,'' dated 
February 14, 2022.
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by this review.\16\ If the 
weighted-average dumping margin for an individually examined respondent 
is not zero or de minimis (i.e., less than 0.50 percent) in the final 
results of this review, we will calculate importer-specific ad valorem 
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 such sales in accordance with 19 CFR 
351.212(b)(1).\17\ For any individually examined respondent whose 
weighted-average dumping margin is zero or de minimis in the final 
results of review, or if an importer-specific assessment rate is zero 
or de minimis, Commerce will instruct CBP to liquidate appropriate 
entries without regard to antidumping duties.\18\
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    \16\ See 19 CFR 351.212(b)(1).
    \17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate inCertain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \18\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
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    In accordance with Commerce's ``automatic assessment'' 
practice,\19\ for entries of subject merchandise during the POR 
produced by the respondents for which the producer did not know its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate of 20.33 percent 
established in the LTFV investigation.\20\
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    \19\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \20\ See Order.
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    For Dongbu, the one company that was not selected for individual 
examination, we intend to assign an assessment rate based on the cash 
deposit rate calculated for the companies selected for mandatory review 
(i.e., Hyundai and POSCO/PIC).\21\
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    \21\ See section 735(c)(5)(A) of the Act; see also Preliminary 
Decision Memorandum at Section IV, ``Rate for Non-Examined 
Companies.
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    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 cash 
deposits of estimated antidumping duties, where applicable.\22\
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    \22\ See section 751(a)(2)(C) of the Act.
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    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

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of final results of this 
administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for Hyundai, POSCO/PIC, and Dongbu, will be 
equal to the weighted-average dumping margin established in the final 
results of this administrative review, except if the margin is less 
than 0.50 percent and therefore de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rate will be zero; (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 
for the most recently completed segment of this proceeding in which 
they were reviewed; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original LTFV investigation but the 
producer is, then the cash deposit rate will be the rate established 
for the most recently completed segment of this proceeding 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,\23\ the 
all-others rate established in the LTFV investigation. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \23\ See Order.
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Notification to Importers

    This notice also 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 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 and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: September 30, 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 Non-Examined Companies
V. Discussion of the Methodology
VI. Currency Conversion

[[Page 60992]]

VII. Recommendation

[FR Doc. 2022-21849 Filed 10-6-22; 8:45 am]
BILLING CODE 3510-DS-P