[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7946-7947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02593]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-879]


Certain Corrosion-Resistant Steel Products From the Republic of 
Korea: Final Results and Partial Rescission 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 being provided to producers and exporters 
of certain corrosion-resistant steel products from the Republic of 
Korea. The period of review (POR) is January 1, 2020, through December 
31, 2020.

DATES: Applicable February 7, 2023.

FOR FURTHER INFORMATION CONTACT: Zachariah Hall or Dennis McClure, 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) 482-6261 or (202) 
482-5973, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this administrative 
review on August 5, 2022.\1\ For a description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\
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    \1\ See Certain Corrosion-Resistant Steel Products from the 
Republic of Korea: Preliminary Results and Partial Rescission of 
Countervailing Duty Administrative Review; 2020, 87 FR 47973 (August 
5, 2022) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results and Partial Rescission of the 2020 Administrative 
Review of the Countervailing Duty Order on Certain Corrosion-
Resistant Steel 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 3
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    \3\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016) (Order).
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    The products covered by this Order are certain corrosion-resistant 
steel products. For a complete description of the scope of this Order, 
see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' case briefs are addressed 
in the Issues and Decision Memorandum accompanying this notice. A list 
of the issues raised by parties, and to which Commerce responded in the 
Issues and Decision Memorandum, is provided 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.

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 revisions to the subsidy calculations for KG Dongbu Steel Co., 
Ltd. (KG Dongbu).\4\ As a result of the changes to KG Dongbu's program 
rates, the final rate for the six non-selected companies under review 
also changed.\5\
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    \4\ On October 21, 2022, we determined that KG Steel Corporation 
(dba KG Dongbu Steel Co., Ltd.) is the successor-in-interest to KG 
Dongbu Steel Co., Ltd. See Certain Cold-Rolled Steel Flat Products 
and Certain Corrosion-Resistant Steel Products from the Republic of 
Korea: Final Results of Antidumping and Countervailing Duty Changed 
Circumstances Reviews, 87 FR 64013 (October 21, 2022). Additionally, 
we note that KG Dongbu Steel Co., Ltd. was the successor-in-interest 
to Dongbu Steel Co., Ltd. See Certain Corrosion-Resistant Steel 
Products from the Republic of Korea: Final Results and Partial 
Rescission of Countervailing Duty Administrative Review; 2019, 87 FR 
2759 (January 19, 2022).
    \5\ For details on the changes made since the Preliminary 
Results, see the Issues and Decision Memorandum.
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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.\6\ For a description of the methodology underlying all of 
Commerce's conclusions, see the Issues and Decision Memorandum.
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    \6\ 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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Companies Not Selected for Individual Review

    There are six companies for which a review was requested, but which 
were not selected as mandatory respondents or found to be cross-owned 
with a mandatory respondent. These companies are: POSCO; POSCO Coated & 
Color Steel Co., Ltd.; Samsung Electronics Co., Ltd.; SeAH Coated 
Metal; SeAH Steel Corporation; and SY Co., Ltd. For these six 
companies, we applied the final subsidy rate calculated for KG Dongbu, 
as this rate is the only rate calculated for a mandatory respondent 
that was above de minimis and not based entirely on facts available. 
This methodology for establishing the subsidy rate for the non-selected 
companies is consistent with our practice and with section 705(c)(5)(A) 
of the Act.

Final Results of Review

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

------------------------------------------------------------------------
                                                           Subsidy  rate
                    Producer/exporter                      (percent  ad
                                                             valorem)
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KG Steel Corporation/KG Dongbu Steel Co., Ltd \7\.......            9.47
Hyundai Steel Company...................................          * 0.27
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                   Review-Specific Rate Applicable to
                         Non-Selected Companies
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POSCO...................................................            9.47
POSCO Coated & Color Steel Co., Ltd.....................            9.47
Samsung Electronics Co., Ltd............................            9.47
SeAH Coated Metal.......................................            9.47
SeAH Steel Corporation..................................            9.47

[[Page 7947]]

 
SY Co., Ltd.............................................            9.47
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* (de minimis).

Disclosure
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    \7\ Based on the October 21, 2022, successor-in-interest finding 
noted in footnote 4, supra, KG Steel Corporation (dba KG Dongbu 
Steel Co., Ltd.) is subject to the cash deposit rate determined in 
this review. Additionally, we note that Dongbu Incheon Steel Co., 
Ltd. (Dongbu Incheon) merged with Dongbu Steel Co., Ltd., on March 
1, 2020. Therefore, Dongbu Incheon is no longer eligible for its own 
cash deposit rate. See KG Dongbu's Letter, ``Dongbu's Initial 
Questionnaire Response'' dated November 29, 2021, at 1. However, we 
intend to liquidate any entries of subject merchandise during the 
POR associated with Dongbu Incheon at the ad valorem rate listed 
above for KG Steel Corporation/KG Dongbu Steel Co., Ltd.
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    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

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, 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 companies at the applicable ad 
valorem assessment rates listed. 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

    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 each of the respective companies listed 
above 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 administrative 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 applicable to the company, as appropriate. These cash 
deposits, effective upon the publication of the final results of this 
review, shall remain in effect until further notice.

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.

Notification 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: February 1, 2023.
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 Comments
    Comment 1: Whether Electricity Is Subsidized by the Government 
of Korea (GOK)
    Comment 2: Whether Commerce's Determination that Port Usage 
Rights Provide a Countervailable Benefit Is Unsupported by Evidence 
and Contrary to Law
    Comment 3: Whether the Korea Emissions Trading System (K-ETS) Is 
Countervailable
    Comment 4: Whether Hyundai Steel and Hyundai Green Power (HGP) 
Are Cross-Owned
    Comment 5: Whether Commerce Is Required by Law to Conduct 
Verification of the GOK's Questionnaire Responses
    Comment 6: Whether KG Dongbu Is Equityworthy and the 2015-2018 
Debt-to-Equity Swaps Should Be Countervailed
    Comment 7: Whether Subsidies Prior to Dongbu Steel Co., Ltd.'s 
(Dongbu Steel) Change in Ownership (CIO) Pass Through to KG Dongbu
    Comment 8: Whether Commerce Incorrectly Calculated the 
Uncreditworthy Discount Rate
    Comment 9: Whether Commerce Used the Correct Uncreditworthy Rate 
in the Benefit Calculations for the Long-Term Loan and Bond 
Restructured in 2019
VIII. Recommendation

[FR Doc. 2023-02593 Filed 2-6-23; 8:45 am]
BILLING CODE 3510-DS-P