[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37019-37021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12029]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-888]


Certain Carbon and Alloy Steel Cut-to-Length Plate From the 
Republic of Korea: Preliminary Results and Partial Rescission of 
Countervailing Duty Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to certain 
producers and exporters of certain carbon and alloy steel cut-to-length 
plate (CTL plate) from the Republic of Korea (Korea) during the period 
of review (POR) January 1, 2021, through December 31, 2021. In 
addition, Commerce is rescinding this review with respect to 44 
companies. Interested parties are invited to comment on these 
preliminary results of review.

DATES: Applicable June 6, 2023.

FOR FURTHER INFORMATION CONTACT: Faris Montgomery, 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) 482-1537.

SUPPLEMENTARY INFORMATION: 

Background

    On May 25, 2017, Commerce published a countervailing duty (CVD) 
order on CTL plate from Korea.\1\ On July 14, 2022, Commerce published 
a notice of initiation of an administrative review of the Order.\2\ We 
initiated an administrative review of 46 producers/exporters of CTL 
plate from Korea for the POR. On August 1, 2022, Commerce selected 
POSCO as the sole mandatory respondent in this administrative 
review.\3\
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    \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May 
25, 2017) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144, 42151 (July 14, 2022) 
(Initiation Notice).
    \3\ See Memorandum, ``Respondent Selection,'' dated August 1, 
2022.
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    On December 22, 2022, Commerce extended the deadline for the 
preliminary results of this review to no later than May 31, 2023.\4\
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review; 2021,'' dated 
December 22, 2022.

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[[Page 37020]]

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included at Appendix I. 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.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review; 2021: 
Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic 
of Korea,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is CTL plate. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Rescission of Administrative Review, in Part

    On September 6, 2022, Commerce notified interested parties that we 
intended to rescind this administrative review for 44 companies for 
which the record information shows no suspended entries of subject 
merchandise during the POR.\6\ No parties commented on the notification 
of the intent to rescind the review, in part. Therefore, we find that 
there were no entries of subject merchandise during the POR by the 44 
companies listed in Appendix II. As a result of our finding, we are 
rescinding this review, in part, pursuant to 19 CFR 351.213(d)(3) with 
respect to these companies. For further information regarding this 
determination, see ``Rescission of Administrative Review, In Part'' 
section in the Preliminary Decision Memorandum.
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    \6\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated September 6, 2022.
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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 government-
provided financial contribution that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\7\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
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    \7\ 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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Preliminary Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated an 
individual net countervailable subsidy rate for POSCO. We preliminarily 
find the countervailable subsidy rate for the mandatory respondent 
under review to be as follows:

------------------------------------------------------------------------
                                                              Net
                                                        countervailable
                Manufacturer/exporter                    subsidy rate
                                                          (percent ad
                                                           valorem)
------------------------------------------------------------------------
POSCO \8\...........................................               0.79
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Disclosure
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    \8\ As discussed in the Preliminary Decision Memorandum, 
Commerce preliminarily finds the following companies to be cross-
owned with POSCO: Pohang Scrap Recycling Distribution Center Co. 
Ltd.; POSCO Chemical Co., Ltd.; POSCO M-Tech Co., Ltd.; POSCO Nippon 
Steel RHF Joint Venture Co., Ltd.; POSCO SPS Co., Ltd.; and POSCO 
Terminal Co., Ltd. The subsidy rate applies to all cross-owned 
companies. We note that POSCO has an affiliated trading company 
through which it exported certain subject merchandise during the 
POR, POSCO International (aka POSCO International Corporation). 
POSCO International was not selected as a mandatory respondent but 
was examined in the context of POSCO. Therefore, there is not an 
established CVD rate for POSCO International; POSCO International's 
subsidies are accounted for in POSCO's total subsidy rate. Instead, 
entries of subject merchandise exported by POSCO International will 
receive the rate of the producer listed on the U.S. Customs and 
Border Protection (CBP) entry form. Thus, the subsidy rate applied 
to POSCO and POSCO's cross-owned affiliates is also applied to POSCO 
International for entries of subject merchandise produced by POSCO.
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    We intend to disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results in 
accordance with 19 CFR 351.224(b).

Verification

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

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Interested parties 
will be notified of the timeline for the submission of case briefs at a 
later date.\9\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than seven days after the date for filing 
case briefs.\10\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must 
be limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) a statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\11\
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    \9\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for 
general filing requirements).
    \10\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020).
    \11\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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    Pursuant to 19 CFR 251.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
using Enforcement and Compliance's ACCESS system within 30 days of 
publication of this notice.\12\ Requests should contain: (1) the 
party's name, address, and telephone number; (2) the number of 
participants; (3) whether any participant is a foreign national; and 
(4) a list of issues to be discussed. Issues raised in the hearing will 
be limited to those raised in the respective case and rebuttal briefs. 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a time and date to be determined. Parties should confirm the 
date and time of the hearing two days before the scheduled date.
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    \12\ See 19 CFR 351.310(c).
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    Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS \13\ and must be served on interested 
parties.\14\ Electronically filed documents must be received 
successfully in their entirety by 5:00 p.m. Eastern Time on the 
established deadline. Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\15\
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    \13\ See 19 CFR 351.303.
    \14\ See 19 CFR 351.303(f).
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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Final Results

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised by the parties in any written briefs, no 
later than 120 days after the date of publication of these preliminary 
results.

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts

[[Page 37021]]

shown above for the producers/exporters shown above. Upon completion of 
the administrative review, consistent with section 751(a)(1) of the Act 
and 19 CFR 351.212(b)(2), Commerce shall determine, and CBP shall 
assess, countervailing duties on all appropriate entries covered by 
this review, for the above-listed companies.
    For the companies for which this review is rescinded, Commerce will 
instruct CBP to assess countervailing duties on all appropriate entries 
at a rate equal to the cash deposit of estimated countervailing duties 
required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period January 1, 2021, through December 31, 
2021, in accordance with 19 CFR 351.212(c)(l)(i). We intend to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of this notice in the Federal Register.
    For the companies remaining in the review, we intend 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, upon 
publication of the final results, to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amounts calculated 
in the final results for the companies listed above on 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, except, where the rate calculated in the final results is 
zero or de minimis, no cash deposit will be required. 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.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(d)(4) and 351.221(b)(4).

    Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

    List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Diversification of Korea's Economy
VI. Rescission of the Administrative Review, In Part
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation

Appendix II--Companies for Which Commerce Is Rescinding the Review

1. Ajin Industrial Co., Ltd.
2. BDP International
3. Blue Track Equipment
4. Boxco
5. Bukook Steel Co., Ltd.
6. Buma CE Co., Ltd.
7. China Chengdu International Techno-Economic Cooperation Co., Ltd.
8. Daehan I.M. Co., Ltd.
9. Daehan Tex Co., Ltd.
10. Daelim Industrial Co., Ltd.
11. Daesam Industrial Co., Ltd.
12. Daesin Lighting Co., Ltd.
13. Daewoo International Corp.
14. Dong Yang Steel Pipe
15. DK Dongshin Co., Ltd.
16. Dongbu Steel Co., Ltd.
17. Dongkuk Industries Co., Ltd.
18. Dongkuk Steel Mill Co., Ltd.
19. EAE Automotive Equipment
20. EEW KHPC Co., Ltd.
21. Eplus Expo Inc.
22. GS Global Corp.
23. Haem Co, Ltd.
24. Han Young Industries
25. Hyosung Corp.
26. Hyundai Steel Co.
27. Jinmyung Frictech Co., Ltd.
28. Khana Marine Ltd.
29. Kindus Inc.
30. Korean Iron and Steel Co., Ltd.
31. Kyoungil Precision Co., Ltd.
32. Menics
33. Qian'an Rentai Metal Products Co., Ltd.
34. Samsun C&T Corp.
35. Samsung
36. Shinko
37. Shipping Imperial Co., Ltd.
38. Sinchang Eng Co., Ltd.
39. SK Networks Co., Ltd.
40. SNP Ltd.
41. Steel N People Ltd.
42. Summit Industry
43. Sungjin Co., Ltd.
44. Young Sun Steel

[FR Doc. 2023-12029 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P