[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74597-74598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26460]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-888]


Certain Carbon and Alloy Steel Cut-to-Length Plate From the 
Republic of Korea: Final Results 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 
POSCO, a producer/exporter of certain carbon and alloy steel cut-to-
length plate (CTL plate) from the Republic of Korea (Korea), received 
de minimis net countervailable subsidies during the period of review 
(POR), January 1, 2020, through December 31, 2020.

DATES: Applicable December 6, 2022.

FOR FURTHER INFORMATION CONTACT: Faris Montgomery, 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) 482-1537.

SUPPLEMENTARY INFORMATION: 

Background

    On June 3, 2022, Commerce published the Preliminary Results of this 
administrative review in the Federal Register.\1\ On August 15, 2022, 
Commerce extended the deadline for the final results of this review to 
no later than November 30, 2022.\2\ For a complete description of the 
events that followed the Preliminary Results, see the Issues and 
Decision Memorandum.\3\
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    \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the Republic of Korea: Preliminary Results of Countervailing Duty 
Administrative Review, and Intent to Rescind Review, in Part; 2020, 
87 FR 33720 (June 3, 2022) (Preliminary Results).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated August 15, 2022.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review: 
Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic 
of Korea; 2020,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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    We conducted this review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act).

Scope of the Order 4
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    \4\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May 
25, 2017) (Order).
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    The merchandise covered by the Order is CTL plate. For a complete 
description of the scope of the Order, see 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 the issues addressed is 
attached to this notice at 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.

Verification

    As provided in section 782(i) of the Act, in September 2022, 
Commerce conducted an on-site verification of the subsidy information 
reported by POSCO. We used standard on-site verification procedures, 
including an examination of relevant accounting records and original 
source documents provided by the respondent.

Changes Since the Preliminary Results

    Based on our analysis of the case and rebuttal briefs and the 
evidence on the record, we made certain changes to POSCO's 
countervailable subsidy calculations from the Preliminary Results. 
These changes are explained in the Issues and Decision Memorandum.

Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated an 
individual net countervailable subsidy rate for POSCO. Commerce 
determines that, during the POR, the net countervailable subsidy rate 
for the producers/exporter under review is as follows:
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    \5\ As discussed in the Preliminary Results, Commerce found the 
following companies to be cross-owned with POSCO: Pohang Scrap 
Recycling Distribution Center Co., Ltd.; POSCO Chemical Co., Ltd.; 
POSCO M-Tech Co., Ltd.; POSCO Nippon Steel RHF Joint Venture Co., 
Ltd.; POSCO SPS Co., Ltd.; and POSCO Terminal Co., Ltd. The subsidy 
rate applies to all cross-owned companies. We noted that POSCO has 
an affiliated trading company through which it exported certain 
subject merchandise during the POR, POSO International (aka POSCO 
International Corporation). POSCO International was not selected as 
a mandatory respondent but was examined in the context of POSCO. 
Therefore, there is not an established countervailing duty rate for 
POSCO International; POSCO International's subsidies are accounted 
for in POSCO's total subsidy rate. Instead, entries of subject 
merchandise exported by POSCO International will receive the rate of 
the producer listed on the U.S. Customs and Border Protection (CBP) 
entry form. Thus, the subsidy rate applied to POSCO and POSCO's 
cross-owned companies is also applied to POSCO International for 
entries of subject merchandise produced by POSCO.

------------------------------------------------------------------------
                                           Subsidy rate  (percent  ad
           Producer/exporter                        valorem)
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POSCO \5\.............................  0.33 (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.\6\
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    \6\ See 19 CFR 351.224(b).
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Assessment Rates

    Pursuant to 19 CFR 351.212(b)(2), 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, for the above-listed company at the 
applicable ad valorem assessment rate. We intend 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

[[Page 74598]]

time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).

Cash Deposit Instructions

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for the company listed above based on 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review.\7\ For all non-reviewed firms 
subject to the Order, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the most recent company-
specific rate or the all-others rate (3.72 percent), as appropriate.\8\ 
These cash deposit requirements, effective upon publication of these 
final results, shall remain in effect until further notice.
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    \7\ See, e.g., Honey from Argentina: Results of Countervailing 
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and 
accompanying Issues and Decision Memorandum at Issue 4.
    \8\ See Order, 82 FR at 24103.
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Administrative Protective Order

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

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i) of the Act.

    Dated: November 30, 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. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
    Comment 1: Whether Electricity Is Subsidized by the Government 
of Korea (GOK)
    Comment 2: Whether Commerce Is Required by Law to Conduct 
Verification of the GOK's Questionnaire Responses
    Comment 3: Whether the Provision of Korea Emissions Trading 
System (K-ETS) Permits Is Countervailable
    a. Whether the Provision of K-ETS Permits Provides a Financial 
Contribution and Benefit
    b. Whether the Provision of K-ETS Permits Is Specific
    Comment 4: Whether Commerce Should Correct Errors in its 
Calculation of the Benefit under the Provision of K-ETS Permits
    Comment 5: Whether Local Tax Exemptions under RSLTA Article 57-2 
Are Countervailable
    Comment 6: Whether Certain of POSCO Chemical Co., Ltd.'s (POSCO 
Chemical) Local Tax Exemptions under Restriction of Special Local 
Taxation Act (RSLTA) Article 78 Are Tied to Non-Subject Merchandise
    Comment 7: Whether Certain Quota Tariff Import Duty Exemptions 
under Article 71 of the Customs Act Are Tied to Non-Subject 
Merchandise
VII. Recommendation

[FR Doc. 2022-26460 Filed 12-5-22; 8:45 am]
BILLING CODE 3510-DS-P