[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Pages 36277-36278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11776]



[[Page 36277]]

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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-891]


Carbon and Alloy Steel Wire Rod From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that POSCO, a producer and exporter of carbon and alloy steel wire rod 
(wire rod) from the Republic of Korea (Korea), did not sell subject 
merchandise in the United States at prices below normal value during 
the period of review (POR) May 1, 2021, through April 30, 2022. We 
invite all interested parties to comment on these preliminary results.

DATES: Applicable June 2, 2023.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2316.

SUPPLEMENTARY INFORMATION:

Background

    On May 21, 2018, Commerce published in the Federal Register the 
antidumping duty order on wire rod from Korea.\1\ On April 8, 2019, 
Commerce revoked, in part, the Order with respect to grade 1078 and 
higher tire cord quality wire rod used in the production of tire cord 
wire.\2\ On June 13, 2019, Commerce revoked, in part, the Order with 
respect to valve spring quality (VSQ) wire rod.\3\
---------------------------------------------------------------------------

    \1\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic 
of Korea, Spain, the Republic of Turkey, and the United Kingdom: 
Antidumping Duty Orders and Amended Final Affirmative Antidumping 
Duty Determinations for Spain and the Republic of Turkey, 83 FR 
23417 (May 21, 2018) (Order).
    \2\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Korea and the United Kingdom: Notice of Final Results of Antidumping 
Duty Changed Circumstances Review, 84 FR 13888 (April 8, 2019).
    \3\ See Carbon and Alloy Steel Wire Rod from the Republic of 
Korea: Final Results of Antidumping Duty Changed Circumstances 
Review, 84 FR 27582 (June 13, 2019).
---------------------------------------------------------------------------

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of Tariff Act of 1930, as amended (the Act). 
On July 14, 2022, in accordance with 19 CFR 351.221(c)(1)(i), we 
initiated this review identifying POSCO as the sole producer and 
exporter subject to this review.\4\ On January 13, 2023, we extended 
the deadline for these preliminary results to May 26, 2023.\5\
---------------------------------------------------------------------------

    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144 (July 14, 2022).
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated January 13, 2023.
---------------------------------------------------------------------------

    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Carbon and 
Alloy Steel Wire Rod from the Republic of Korea; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The scope of the Order includes certain hot-rolled products of 
carbon steel and alloy steel, in coils, of approximately round cross 
section, less than 19.00 mm in actual solid cross-sectional diameter. 
Excluded from the scope are grade 1078 and higher tire cord quality 
wire rod to be used in the production of tire cord wire. Also, excluded 
from the scope are VSQ steel products which are defined as wire rod. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ Id.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Constructed export prices are calculated in 
accordance with section 772 of the Act. Normal value is calculated in 
accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is attached as the 
appendix to this notice. 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, the Preliminary Decision 
Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    We preliminarily determine the following weighted-average dumping 
margin exists for the period May 1, 2021, through April 30, 2022:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Producer/exporter                          margin
                                                            (percent)
------------------------------------------------------------------------
POSCO/POSCO International Corporation \8\..............            0.00
------------------------------------------------------------------------

Assessment Rates
---------------------------------------------------------------------------

    \8\ In the 2020-2021 administrative review of the Order, we 
found that POSCO and POSCO International Corporation (PIC) are 
affiliated and should be treated as a single entity. See Carbon and 
Alloy Steel Wire Rod from the Republic of Korea: Preliminary Results 
of Antidumping Duty Administrative Review; 2020-2021, 87 FR 33468 
(June 2, 2022), and accompanying Preliminary Decision Memorandum, at 
5-10, unchanged in Carbon and Alloy Steel Wire Rod from the Republic 
of Korea: Final Results of Antidumping Duty Administrative Review; 
2020-2021 (October 4, 2022). In the absence of information 
demonstrating any changes, we are continuing to treat POSCO and PIC 
as a single entity for purpose of this administrative review.
---------------------------------------------------------------------------

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\9\ The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review and 
for future deposits of estimated duties, where applicable.\10\ 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).
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.212(b).
    \10\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.212(b)(1), if POSCO's weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.5 percent) 
in the final results of this review, we will calculate an importer-
specific ad valorem duty assessment rate based on the ratio of the 
total amount of dumping calculated for the U.S. sales for a given 
importer to the total entered value of those sales. If, in the final 
results, either POSCO's weighted-average dumping margin is zero or de 
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    For entries of subject merchandise during the POR produced by POSCO 
for which it did not know that its

[[Page 36278]]

merchandise was destined for the United States, we will instruct CBP to 
liquidate such unreviewed entries pursuant to the reseller policy,\11\ 
i.e., the assessment rate for such entries will be equal to the all-
others rate established in the investigation (i.e., 41.10 percent), if 
there is no rate for the intermediate company(ies) involved in the 
transaction.
---------------------------------------------------------------------------

    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for POSCO will be 
equal to POSCO's weighted-average dumping margin established in the 
final results of this review, except if the rate is less than 0.50 
percent, and, therefore, de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rate will be zero; (2) 
for previously investigated companies not participating in this review, 
the cash deposit will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the company participated; (3) if the exporter is not a firm 
covered in this review, or the underlying investigation, but the 
producer is, then the cash deposit rate will be the rate established 
for the completed segment for the most recent POR for the producer of 
the merchandise; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 41.10 percent, the all-others rate 
established in the underlying investigation.\12\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \12\ See Order, 81 FR at 23419.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied on here in advance of the final results 
of this review.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice in accordance 
with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistance Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this review. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than seven days after the time limit for 
filing case briefs.\13\ Parties who submit case briefs or rebuttal 
briefs in this proceeding 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.\14\ Executive summaries should be limited 
to five pages total, including footnotes. Case and rebuttal briefs 
should be filed using ACCESS and must be served on interested 
parties.\15\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\16\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.309(d)(1).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303.
    \16\ 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 submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed request for a hearing must be received 
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice.\17\ Hearing requests 
should contain: (1) the party's name, address, and telephone number; 
(2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, Commerce 
intends to hold the hearing at a date and time to be determined.\18\
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
    \18\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Final Results of Review

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), unless otherwise 
extended.\19\
---------------------------------------------------------------------------

    \19\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: May 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-11776 Filed 6-1-23; 8:45 am]
BILLING CODE 3510-DS-P