[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20128-20130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07041]



[[Page 20128]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-881]


Certain Cold-Rolled Steel Flat Products 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 
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.

DATES: Applicable April 5, 2023.

FOR FURTHER INFORMATION CONTACT: Preston Cox or Fred Baker, 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) 482-5041 or (202) 482-2924, 
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 
October 7, 2022, Commerce published the Preliminary Results of this 
administrative review in the Federal Register.\2\ This administrative 
review covers four producers and/or exporters of the subject 
merchandise.\3\ Commerce selected Hyundai and POSCO/PIC (collectively, 
POSCO/PIC) \4\ for individual examination.\5\ On January 18, 2023, we 
extended the deadline for these final results to no later than April 5, 
2023.\6\ During November 2022 and January 2023, Commerce conducted on-
site sales verifications of the questionnaire responses submitted by 
Hyundai and POSCO/PIC.\7\ Following the verifications, Commerce invited 
interested parties to submit case and rebuttal briefs.\8\ We received 
no comments from interested parties. Accordingly, no decision 
memorandum accompanies this Federal Register notice. Commerce conducted 
this administrative review in accordance with section 751 of the Tariff 
Act of 1930, as amended (the Act).
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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 Certain Cold-Rolled Steel Flat Products from the 
Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021, 87 FR 60989 (October 7, 2022) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 61121 (November 5, 2021). The four 
companies included in this review are Hyundai Steel Company 
(Hyundai), KG Dongbu Steel Co., Ltd. (Dongbu), POSCO, and POSCO 
International Corporation (PIC).
    \4\ Commerce continues to treat POSCO and POSCO International 
Corporation as a collapsed single entity for the final results of 
this administrative review. See Preliminary Results PDM at 1.
    \5\ See Preliminary Results PDM at 2.
    \6\ See Memorandum, ``Extension of Final Results of Antidumping 
Duty Administrative Review; 2021-2021,'' dated January 18, 2023.
    \7\ See Memoranda, ``Sales Verification Report for Hyundai Steel 
Company,'' dated March 6, 2023; ``Sales Verification Report for 
POSCO and POSCO International Corporation,'' dated March 6, 2023; 
``Constructed Export Price Sales Verification Report for Hyundai 
Steel America,'' dated March 6, 2023; and ``Sales Verification 
Report for POSCO International America Corporation, POSCO America 
Corporation, and POSCO America Alabama Processing Center Co., 
Ltd.,'' dated March 6, 2023.
    \8\ See Memorandum, ``Briefing Schedule,'' dated March 8, 2023.
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Scope of the Order

    The merchandise covered by the Order is cold-rolled steel. For a 
complete description of the scope of the Order, see Appendix.

Verification

    Pursuant to 782(i)(3) of the Act and 19 CFR 351.307(b)(1)(v), we 
conducted verification of the questionnaire responses submitted by 
Hyundai and POSCO/PIC.\9\
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    \9\ See Memoranda, ``Sales Verification Report for Hyundai Steel 
Company,'' dated March 6, 2023; ``Sales Verification Report for 
POSCO and POSCO International Corporation,'' dated March 6, 2023; 
``Constructed Export Price Sales Verification Report for Hyundai 
Steel America,'' dated March 6, 2023; and ``Sales Verification 
Report for POSCO International America Corporation, POSCO America 
Corporation, and POSCO America Alabama Processing Center Co., 
Ltd.,'' dated March 6, 2023.
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Changes Since the Preliminary Results

    Based on a review of the record, including the results of 
verification, Commerce made certain changes to the preliminary 
weighted-average dumping margin calculation for POSCO/PIC. For detailed 
information, see POSCO/PIC's Final Analysis Memorandum.\10\
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    \10\ See Memorandum, ``Final Analysis Memorandum for POSCO/
PIC,'' dated concurrently with this notice (POSCO/PIC's Final 
Analysis Memorandum).
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Rate for Non-Selected Respondent

    The Act and Commerce's regulations do not address the establishment 
of a rate to be applied to 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 investigation, for 
guidance when calculating the rate 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} .''
    For these final results, we have calculated weighted-average 
dumping margins for Hyundai and POSCO/PIC that are zero or de minimis, 
and we have not calculated any margins which are not zero, de minimis, 
or determined entirely on the basis of facts available. Therefore, 
consistent with our practice, we are applying to Dongbu, the company 
not selected for individual examination in this review, a margin of 
zero percent.\11\
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    \11\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
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Final Results of Administrative Review

    For these final results, we determine that the following weighted-
average dumping margins exist for the period September 1, 2020, through 
August 31, 2021:
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    \12\ This company is the only non-examined company in this 
review.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel Company.......................................        0.00
POSCO/POSCO International Corporation.......................        0.00
KG Dongbu Steel Co., Ltd \12\...............................        0.00
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for POSCO/
PIC for these final results to parties in this proceeding within five 
days of the date of publication of this notice in the Federal Register, 
in accordance with 19 CFR 351.224(b). Because we have made no changes 
from the Preliminary Results

[[Page 20129]]

to the weighted-average dumping margin calculation for Hyundai, there 
are no calculations to disclose for the final results.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), 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 the final results of 
this review. Because we calculated weighted-average dumping margins for 
Hyundai and POSCO/PIC which are zero or de minimis in the final results 
of this review, we intend to instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties. For Dongbu, the company 
that was not selected for individual examination in this review, we 
will instruct CBP to liquidate entries at the rate established in these 
final results of review (i.e., to liquidate entries without regard to 
antidumping duties).
    For entries of subject merchandise during the POR produced by the 
above-referenced respondents for which they did not know its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate in the less-than-
fair-value investigation if there is no rate for the intermediate 
company(ies) involved in the transaction.\13\
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    \13\ 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). The final results of this administrative 
review shall be the basis for the assessment of antidumping duties on 
entries of merchandise under review and for future cash deposits of 
estimated antidumping duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of these final results of 
administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date, as provided by section 751(a)(2)(C) of the Act: (1) 
the cash deposit rate for companies subject to this review will be 
equal to the zero margin established in the final results of this 
administrative review; (2) for merchandise exported by a company 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 in the completed segment for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the less-than-fair-value investigation, but the 
producer is, then the cash deposit rate will be the rate established in 
the most recently completed segment of the 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, the all-
others rate established in the less-than-fair-value investigation.\14\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \14\ See Order, 81 FR at 64434.
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Notification to Importers

    This notice 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 this review period. 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

    These final 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)(5).

    Dated: March 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The products covered by the Order are certain cold-rolled (cold-
reduced), flat-rolled steel products, whether or not annealed, 
painted, varnished, or coated with plastics or other non-metallic 
substances. The products covered do not include those that are clad, 
plated, or coated with metal. The products covered include coils 
that have a width or other lateral measurement (``width'') of 12.7 
mm or greater, regardless of form of coil (e.g., in successively 
superimposed layers, spirally oscillating, etc.). The products 
covered also include products not in coils (e.g., in straight 
lengths) of a thickness less than 4.75 mm and a width that is 12.7 
mm or greater and that measures at least 10 times the thickness. The 
products covered also include products not in coils (e.g., in 
straight lengths) of a thickness of 4.75 mm or more and a width 
exceeding 150 mm and measuring at least twice the thickness. The 
products described above may be rectangular, square, circular, or 
other shape and include products of either rectangular or non-
rectangular cross-section where such cross-section is achieved 
subsequent to the rolling process, i.e., products which have been 
``worked after rolling'' (e.g., products which have been beveled or 
rounded at the edges). For purposes of the width and thickness 
requirements referenced above:
    (1) where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set forth above, and
    (2) where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.
    Steel products included in the scope of the Order are products 
in which: (1) iron predominates, by weight, over each of the other 
contained elements; (2) the carbon content is 2 percent or less, by 
weight; and (3) none of the elements listed below exceeds the 
quantity, by weight, respectively indicated:

 2.50 percent of manganese, or
 3.30 percent of silicon, or
 1.50 percent of copper, or
 1.50 percent of aluminum, or
 1.25 percent of chromium, or
 0.30 percent of cobalt, or
 0.40 percent of lead, or
 2.00 percent of nickel, or
 0.30 percent of tungsten (also called wolfram), or
 0.80 percent of molybdenum, or
 0.10 percent of niobium (also called columbium), or
 0.30 percent of vanadium, or
 0.30 percent of zirconium


[[Page 20130]]


    Unless specifically excluded, products are included in this 
scope regardless of levels of boron and titanium.
    For example, specifically included in this scope are vacuum 
degassed, fully stabilized (commonly referred to as interstitial-
free (IF)) steels, high strength low alloy (HSLA) steels, motor 
lamination steels, Advanced High Strength Steels (AHSS), and Ultra 
High Strength Steels (UHSS). IF steels are recognized as low carbon 
steels with micro-alloying levels of elements such as titanium and/
or niobium added to stabilize carbon and nitrogen elements. HSLA 
steels are recognized as steels with micro-alloying levels of 
elements such as chromium, copper, niobium, titanium, vanadium, and 
molybdenum. Motor lamination steels contain micro-alloying levels of 
elements such as silicon and aluminum. AHSS and UHSS are considered 
high tensile strength and high elongation steels, although AHSS and 
UHSS are covered whether or not they are high tensile strength or 
high elongation steels.
    Subject merchandise includes cold-rolled steel that has been 
further processed in a third country, including but not limited to 
annealing, tempering, painting, varnishing, trimming, cutting, 
punching, and/or slitting, or any other processing that would not 
otherwise remove the merchandise from the scope of the Order if 
performed in the country of manufacture of the cold-rolled steel.
    All products that meet the written physical description, and in 
which the chemistry quantities do not exceed any one of the noted 
element levels listed above, are within the scope of the order 
unless specifically excluded. The following products are outside of 
and/or specifically excluded from the scope of the Order:
     Ball bearing steels; \15\
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    \15\ Ball bearing steels are defined as steels which contain, in 
addition to iron, each of the following elements by weight in the 
amount specified: (i) not less than 0.95 nor more than 1.13 percent 
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of 
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) 
none, or not more than 0.03 percent of phosphorus; (v) not less than 
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 
nor more than 1.65 percent of chromium; (vii) none, or not more than 
0.28 percent of nickel; (viii) none, or not more than 0.38 percent 
of copper; and (ix) none, or not more than 0.09 percent of 
molybdenum.
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     Tool steels; \16\
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    \16\ Tool steels are defined as steels which contain the 
following combinations of elements in the quantity by weight 
respectively indicated: (i) more than 1.2 percent carbon and more 
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon 
and 1.25 percent or more but less than 10.5 percent chromium; or 
(iii) not less than 0.85 percent carbon and 1 percent to 1.8 
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, 
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, 
molybdenum; or (v) not less than 0.5 percent carbon and not less 
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent 
carbon and not less than 5.5 percent tungsten.
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     Silico-manganese steel; \17\
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    \17\ Silico-manganese steel is defined as steels containing by 
weight: (i) not more than 0.7 percent of carbon; (ii) 0.5 percent or 
more but not more than 1.9 percent of manganese, and (iii) 0.6 
percent or more but not more than 2.3 percent of silicon.
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     Grain-oriented electrical steels (GOES) as defined in 
the final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel from Germany, Japan, and Poland.\18\
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    \18\ See Grain-Oriented Electrical Steel from Germany, Japan, 
and Poland: Final Determinations of Sales at Less Than Fair Value 
and Certain Final Affirmative Determination of Critical 
Circumstances, 79 FR 42501, 42503 (July 22, 2014). This 
determination defines grain-oriented electrical steel as ``a flat-
rolled alloy steel product containing by weight at least 0.6 percent 
but not more than 6 percent of silicon, not more than 0.08 percent 
of carbon, not more than 1.0 percent of aluminum, and no other 
element in an amount that would give the steel the characteristics 
of another alloy steel, in coils or in straight lengths.''
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     Non-Oriented Electrical Steels (NOES), as defined in 
the antidumping orders issued by the U.S. Department of Commerce in 
Non-Oriented Electrical Steel from the People's Republic of China, 
Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\19\
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    \19\ See Non-Oriented Electrical Steel from the People's 
Republic of China, Germany, Japan, the Republic of Korea, Sweden, 
and Taiwan: Antidumping Duty Orders, 79 FR 71741, 71741-42 (December 
3, 2014). The orders define NOES as ``cold-rolled, flat-rolled, 
alloy steel products, whether or not in coils, regardless of width, 
having an actual thickness of 0.20 mm or more, in which the core 
loss is substantially equal in any direction of magnetization in the 
plane of the material. The term `substantially equal' means that the 
cross grain direction of core loss is no more than 1.5 times the 
straight grain direction (i.e., the rolling direction) of core loss. 
NOES has a magnetic permeability that does not exceed 1.65 Tesla 
when tested at a field of 800 A/m (equivalent to 10 Oersteds) along 
(i.e., parallel to) the rolling direction of the sheet (i.e., B800 
value). NOES contains by weight more than 1.00 percent of silicon 
but less than 3.5 percent of silicon, not more than 0.08 percent of 
carbon, and not more than 1.5 percent of aluminum. NOES has a 
surface oxide coating, to which an insulation coating may be 
applied.''
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    The products subject to the Order are currently classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) under 
item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0040, 
7209.16.0045, 7209.16.0060, 7209.16.0070, 7209.16.0091, 
7209.17.0030, 7209.17.0040, 7209.17.0045, 7209.17.0060, 
7209.17.0070, 7209.17.0091, 7209.18.1530, 7209.18.1560, 
7209.18.2510, 7209.18.2520, 7209.18.2580, 7209.18.2585, 
7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 
7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 
7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 
7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030, 
7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 
7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 
7226.92.8050.
    The products subject to the Order may also enter under the 
following HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 
7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, 
7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090, 
7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000, 
7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 
7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 
7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070, 
7228.60.8000, and 7229.90.1000.
    The HTSUS subheadings above are provided for convenience and 
U.S. Customs purposes only. The written description of the scope of 
the order is dispositive.

[FR Doc. 2023-07041 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P