[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13433-13434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04440]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-837]


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; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain exporters/producers of certain cut-to-length 
plate (CTL plate) from the Republic of Korea (Korea) received 
countervailable subsidies during the period of review (POR), January 1, 
2021, through December 31, 2021. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable March 3, 2023.

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

    On February 10, 2000, Commerce published in the Federal Register 
the countervailing duty (CVD) order on CTL plate from Korea.\1\ On 
April 12, 2022, Commerce published in the Federal Register its 
initiation of the CVD administrative review of the Order for the period 
January 1, 2021, to December 31, 2021.\2\ On May 2, 2022, Commerce 
selected Hyundai Steel Company (Hyundai Steel) as the sole mandatory 
respondent in this administrative review.\3\
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determinations: 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 21619 (April 12, 2022) (Initiation 
Notice).
    \3\ See Memorandum, ``Respondent Selection,'' dated May 2, 2022.
---------------------------------------------------------------------------

    On October 5, 2022, Commerce extended the deadline for issuance of 
the preliminary results of this review by 120 days, until February 28, 
2023, in accordance with 19 CFR 351.213(h)(2).\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated October 5, 2022.
---------------------------------------------------------------------------

    A list of topics discussed in the Preliminary Decision Memorandum 
is included in the appendix to this notice. For a complete description 
of the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\5\ 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.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review, 2021: 
Certain Cut-To-Length Carbon-Quality Steel Plate from the Republic 
of Korea,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this Order is certain cut-to-length carbon-
quality steel plate. For a complete description of the scope of the 
Order, see the Preliminary Decision Memorandum.

Preliminary Intent To Rescind Administrative Review, in Part

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
data and comments received from interested parties, we preliminarily 
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 any evidence of shipments placed on the record, pursuant to 
19 CFR 351.213(d)(3), we intend to rescind the administrative review of 
these companies in the final results of review. For further 
information, see ``Preliminary Intent to Rescind Administrative Review, 
in Part'' in the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this CVD administrative review in accordance 
with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found countervailable, we 
preliminarily determine that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that confers a benefit to the 
recipient, and that the subsidy is specific.\6\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Rate for Non-Selected Companies Under Review

    There are four companies for which a review was requested.\7\ Of 
those, as discussed above, we intend to rescind the review for two 
companies that had no reviewable entries during the POR. In addition, 
Commerce selected one mandatory respondent, Hyundai Steel, for 
individual examination. Because the rate calculated for mandatory 
respondent Hyundai Steel is above de minimis and not based entirely on 
facts available, we have applied the subsidy rate calculated for the 
mandatory respondent to Dongkuk Steel Mill Co., Ltd., the remaining 
company subject to this review. This methodology is consistent with our 
practice for establishing an all-others subsidy rate pursuant to 
section 705(c)(5)(A) of the Act. For further information on the non-
selected respondent rate, refer to the section in the Preliminary 
Decision Memorandum entitled ``Non-Selected Companies Under Review.''
---------------------------------------------------------------------------

    \7\ See Initiation Notice, 87 FR at 21635.
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following net countervailable subsidy rates for the period January 1, 
2021, through December 31, 2021:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                        Company                            subsidy rate
                                                            (percent)
------------------------------------------------------------------------
Hyundai Steel Company..................................             1.10
Dongkuk Steel Mill Co., Ltd............................             1.10
------------------------------------------------------------------------


[[Page 13434]]

Assessment Rate

    In accordance with 19 CFR 351.221(b)(4)(i), Commerce has 
preliminarily assigned subsidy rates as indicated above. Consistent 
with section 751(a)(2)(C) of the Act, upon issuance of the final 
results, Commerce shall determine, and CBP shall assess, countervailing 
duties on all appropriate entries covered by this review. 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 Rate

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount indicated above with regard to shipments of 
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 applicable to the 
company, as appropriate. These cash deposit instructions, when imposed, 
shall remain in effect until further notice.

Disclosure and Public Comment

    Commerce intends to disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days after the date of publication of this notice in the Federal 
Register.\8\ Case briefs may be submitted to the Assistant Secretary 
for Enforcement and Compliance.\9\ Interested parties will be notified 
of the timeline for the submission of such case briefs at a later date. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than seven days after the deadline date for case 
briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case or rebuttal briefs in this review 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. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\11\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c).
    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must do so within 30 days of publication of these 
preliminary results by submitting a written request to the Assistant 
Secretary for Enforcement and Compliance using ACCESS.\12\ Requests 
should contain the party's name, address, and telephone number, the 
number of participants, and a list of the issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs.\13\ If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined.\14\ Parties should confirm the date and time of the hearing 
two days before the scheduled date. Parties are reminded that 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.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
    \13\ Id.
    \14\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised by parties in their comments, within 120 days after the 
date of publication of these preliminary results.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.213 and 19 CFR 351.221(b)(4).

    Dated: February 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Preliminary Intent to Rescind Administrative Review, In Part
V. Non-Selected Company Under Review
VI. Scope of the Order
VII. Subsidies Valuation Information
VIII. Use of Facts Otherwise Available
IX. Analysis of Programs
X. Recommendation

[FR Doc. 2023-04440 Filed 3-2-23; 8:45 am]
BILLING CODE 3510-DS-P