[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Pages 24387-24389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08393]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-883]


Certain Hot-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 the 
producers/exporters subject to this review made sales of subject 
merchandise at less than normal value during the period of review 
(POR), October 1, 2020, through September 30, 2021. Commerce also 
determines that one mandatory respondent did not make sales of subject 
merchandise at less than normal value during the POR.

DATES: Applicable April 20, 2023.

FOR FURTHER INFORMATION CONTACT: Christopher Williams or Thomas 
Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5166 
or (202) 482-0410, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 1, 2022, Commerce published in the Federal Register the 
preliminary results of the 2020-2021 administrative review of the 
antidumping duty order on hot-rolled steel flat products (hot-rolled 
steel) from the Republic of Korea (Korea).\1\ This review covers 14 
producers/exporters of the subject merchandise, Hyundai Steel Company 
(Hyundai Steel), POSCO,\2\ and 12 non-selected companies. We invited 
parties to comment on the Preliminary Results.\3\ On December 1, 2022, 
we received case briefs from the petitioners \4\ and from the mandatory 
respondents, Hyundai Steel and POSCO.\5\ On December 15, 2022, the 
petitioners and Hyundai Steel submitted rebuttal briefs.\6\ On February 
2, 2023,

[[Page 24388]]

Commerce extended the deadline for the final results of review until 
April 28, 2023.\7\ Commerce conducted this review in accordance with 
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Hot-Rolled Steel Flat Products from the Republic 
of Korea: Preliminary Results of Antidumping Duty Administrative 
Review; 2020-2021, 87 FR 65744 (November 1, 2022) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \2\ Commerce treated POSCO and POSCO International Corporation 
(PIC) as a single entity in the most recently completed review. See 
Certain Hot-Rolled Steel Flat Products from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 59985 (October 29, 2021), and accompanying Preliminary 
Decision Memorandum at 6-13, unchanged in Certain Hot-Rolled Steel 
Flat Products from the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review; 2019-2020, 87 FR 12660 
(March 7, 2022). Therefore, we continue to treat POSCO and PIC as a 
single entity in this review; no party commented on this treatment.
    \3\ See Preliminary Results, 87 FR at 65745.
    \4\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated 
December 1, 2022. The petitioners are SSAB Enterprises, LLC, and 
Steel Dynamics, Inc. (collectively, the petitioners).
    \5\ See Hyundai Steel's Letter, ``Hyundai Steel's Case Brief,'' 
dated December 1, 2022; and POSCO's Letter, ``POSCO/PIC's Case 
Brief,'' dated December 1, 2022.
    \6\ See Petitioners' Letter, ``Petitioners' Rebuttal Brief,'' 
dated December 15, 2022; see also Hyundai Steel's Letter, ``Hyundai 
Steel's Rebuttal Brief,'' dated December 15, 2022.
    \7\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2020-2021,'' dated February 
2, 2023.
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Scope of the Order

    The products covered by the Order \8\ are hot-rolled steel. A full 
description of the scope of the Order is contained in the Issues and 
Decision Memorandum.\9\
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    \8\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016) (Order).
    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review; 2020-2021: 
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this administrative review 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on the comments received from interested parties regarding 
our Preliminary Results, and for the reasons explained in the Issues 
and Decision Memorandum, we made certain changes for the final results 
of review.

Rates for Non-Examined Companies

    The Act and Commerce's regulations do not address the establishment 
of a rate to be applied to companies not selected for 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.
    In this review, we calculated a weighted-average dumping margin for 
one of the mandatory respondents, Hyundai Steel, that is not zero, de 
minimis, or determined entirely on the basis of facts available. 
Accordingly, because the second mandatory respondent, POSCO's margin is 
de minimis, Commerce assigned to the companies not individually 
examined, listed in the chart below, a margin of 0.88 percent based on 
Hyundai Steel's calculated weighted-average dumping margin.

Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the period October 1, 2020, through September 30, 2021.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel Company.......................................        0.88
POSCO; POSCO International Corporation......................        0.00
------------------------------------------------------------------------

    Review-Specific Average Rate Applicable to the Following Companies:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Del Trading Inc.............................................        0.88
Dongkuk Industries Co., Ltd.................................        0.88
Dongkuk Steel Mill Co., Ltd.................................        0.88
Gs Global Corp..............................................        0.88
Gs Holdings Corp............................................        0.88
KG Dongbu Steel Co., Ltd....................................        0.88
Marubeni-Itochu Steel Korea, Ltd............................        0.88
Samsung C and T Corporation.................................        0.88
Snp Ltd.....................................................        0.88
Soon Ho Co., Ltd............................................        0.88
Soon Hong Trading Co. Ltd...................................        0.88
Sungjin Co., Ltd............................................        0.88
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in connection with 
these final results to parties in this proceeding within five days 
after public announcement of the final results or, if there is no 
public announcement, within five days of the date of publication of the 
notice of final results in the Federal Register, in accordance with 19 
CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, 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.
    For Hyundai Steel, we calculated importer-specific assessment rates 
on the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales and the total entered value of those 
sales in accordance with 19 CFR 351.212(b)(1). Where an importer-
specific assessment rate is de minimis (i.e., less than 0.5 percent), 
the entries by that importer will be liquidated without regard to 
antidumping duties. Because POSCO's weighted-average dumping margin is 
zero, we will instruct CBP to liquidate POSCO's entries without regard 
to duties in accordance with 19 CFR 351.106(c)(1).
    For entries of subject merchandise during the POR produced by 
either of the individually examined respondents for which it did not 
know that its merchandise was destined for the United States, 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.
    For the companies identified above that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rate established in these final results of 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 Requirements

    Upon publication of this notice in the Federal Register, the 
following cash deposit requirements will be effective for all shipments 
of hot-rolled steel entered, or withdrawn from warehouse, for 
consumption on or after the date of publication as provided by section 
751(a)(2) of the Act: (1) the cash deposit

[[Page 24389]]

rates for the companies subject to this review will be equal to the 
weighted-average dumping margin established in the final results of the 
review; (2) for merchandise exported by producers or exporters not 
covered in this review but covered in a prior completed 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 original investigation but the producer has been 
covered in a prior completed segment of this proceeding, then the cash 
deposit rate will be the rate established in the completed segment for 
the most recent period for the producer of the merchandise; (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 6.05 percent, the all-others rate established in the less-than-fair-
value investigation for this proceeding.\10\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \10\ See Order, 81 FR at 67963, 67965.
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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 doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the 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/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 violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).

    Dated: April 14, 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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Hyundai Steel's Quarterly Costs
    Comment 2: Hyundai Steel's Cost Adjustments
    Comment 3: Cost Recovery Methodology
    Comment 4: POSCO's Cost Smoothing
VI. Recommendation

[FR Doc. 2023-08393 Filed 4-19-23; 8:45 am]
BILLING CODE 3510-DS-P