[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Notices]
[Pages 61569-61570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22106]
[[Page 61569]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-887]
Carbon and Alloy Steel Cut-to-Length Plate from the Republic of
Korea: Final 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) determines that
POSCO and its affiliated companies (collectively, the POSCO single
entity), the sole producer and/or exporter subject to this review, made
sales of subject merchandise in the United States at less than normal
value during the period of review (POR), May 1, 2020, through April 30,
2021.
DATES: Applicable October 12, 2022.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or William Horn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3640 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2022, Commerce published the Preliminary Results of the
antidumping duty administrative review of the order on carbon and alloy
steel cut-to-length plate from the Republic of Korea.\1\ We invited
interested parties to comment on the Preliminary Results. For a
complete description of the events that occurred subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\2\
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\1\ See Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021; 87 FR 33121 (June 1, 2022)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the 2020-2021 Antidumping Duty Administrative
Review of Carbon and Alloy Steel Cut-to-Length 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 \3\
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\3\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096 (May 25, 2017) (Order).
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The merchandise subject to the Order is carbon and alloy steel cut-
to-length plate. The product is currently classified under the
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and
7226.91.5000.
The products subject to the Order may also enter under the
following HTSUS subheadings: 7208.40.6060, 7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.10.000, 7214.30.0010, 7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090,
7206.11.1000, 7226.11.9060, 7229.19.1000, 7226.19.9000, 7226.91.0500,
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings are provided for convenience and customs
purposes only; the written product description of the scope of the
Order is dispositive. For a complete description of the scope of the
Order, see the Preliminary Results.\4\
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\4\ See Preliminary Results PDM at 3-7.
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Analysis of Comments Received
All issues raised by the POSCO single entity in its case brief \5\
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 directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\5\ Only the POSCO single entity filed a case brief in this
review. No other party filed a case or rebuttal brief.
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Changes Since the Preliminary Results
Based on the comments received from the POSCO single entity and
record information, we made several changes to our preliminary
calculation of the weighted-average dumping margin for the POSCO single
entity. For a discussion of these changes, see the Issues and Decision
Memorandum.
Final Results of the Review
As a result of this review, we determine the following estimated
weighted-average dumping margin exists for the period May 1, 2020,
through April 30, 2021:
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\6\ Commerce continues to find that POSCO, POSCO International
Corporation, POSCO SPS, and certain distributors and service centers
(i.e., Taechang Steel Co., Ltd. and Winsteel Co., Ltd.) are
affiliated pursuant to section 771(33)(E) of the Act, and further
that these companies should be treated as a single entity
(collectively, the POSCO single entity) pursuant to 19 CFR
351.401(f). See Preliminary Results PDM at 1.
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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POSCO single entity \6\.................................... 2.59
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Disclosure
Commerce intends to disclose the calculations for these final
results of review within five days of the date of publication of this
notice in the Federal Register, in accordance with section 751(a) of
the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.224(b).
Assessment Rates
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 these final results of
review.\7\
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\7\ See 19 CFR 351.212(b).
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Commerce will calculate importer-specific antidumping duty
assessment rates when a respondent's weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5 percent). Pursuant to 19
CFR 351.212(b)(1), where the respondent reported the entered value of
its U.S. sales, we will calculate importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to each importer to the total entered
value of those sales. Where the respondent did not report entered
value, we will calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for the
examined sales to each importer to the total quantity of those sales,
in accordance
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with 19 CFR 351.212(b)(1).\8\ We will also calculate an estimated ad
valorem importer-specific assessment rate with which to assess whether
the per-unit assessment rate is de minimis. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific ad valorem assessment rate calculated
in the final results of this review is not zero or de minimis. Where
either the respondent's ad valorem weighted-average dumping margin is
zero or de minimis, or an importer-specific ad valorem assessment rate
is zero or de minimis,\9\ we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\8\ 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 Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
\9\ See 19 CFR 351.106(c)(2).
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, 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.\10\
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\10\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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 deposit requirements will be effective 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 rate for the POSCO single
entity will be equal to the weighted-average dumping margin established
in the final results of this administrative review (i.e., 2.59
percent); (2) for merchandise exported by a producer or exporter 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 the producer or exporter participated; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original less-than-fair-value (LTFV) investigation, but the producer
is, the cash deposit rate will be the rate established for the most
recently completed segment of the proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers and
exporters will continue to be 7.10 percent ad valorem, the all-others
rate established in the LTFV investigation.\11\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\11\ See Order, 82 FR at 24098.
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Notification to Importers
This notice also 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 the POR. 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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
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
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: September 28, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. The POSCO Single Entity
IV. Discussion of the Issues
Comment 1: Downstream Home Market Sales of POSCO's Affiliated
Reseller and Service Centers
Comment 2: General and Administrative (G&A) Expense and
Financial Expense Ratios for POSCO International Corporation (PIC)
Comment 3: Financial Expense Ratio for POSCO SPS
Comment 4: G&A Expenses Ratio for POSCO SPS
V. Recommendation
[FR Doc. 2022-22106 Filed 10-11-22; 8:45 am]
BILLING CODE 3510-DS-P