[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40207-40209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13128]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-887]


Carbon and Alloy Steel Cut-to-Length Plate 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) is conducting an 
administrative review of the antidumping duty order on carbon and alloy 
steel cut-to-length plate (CTL plate) from the Republic of Korea 
(Korea). The period of review (POR) is May 1, 2021, through April 30, 
2022. The review covers one producer and/or exporter of the subject 
merchandise, POSCO, POSCO International Corporation and its affiliated 
companies (collectively, the POSCO single entity). We preliminarily 
determine that sales of subject merchandise by the POSCO single entity 
were not made at prices below normal value (NV). Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable June 21, 2023.

FOR FURTHER INFORMATION CONTACT: Jaron Moore or William Horn, 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) 482-3640 or (202) 
482-4868, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 14, 2022, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we published the initiation of 
an administrative review on CTL plate from Korea produced and/or 
exported by POSCO.\1\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administration Reviews, 87 FR 42144 (July 14, 2022) (Initiation 
Notice).
---------------------------------------------------------------------------

    On December 12, 2022, we extended the preliminary results of this 
review to no later than May 31, 2023.\2\ For a complete description of 
the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Extension of Deadline for the Preliminary 
Results of the 2021-2022 Antidumping Duty Administrative Review,'' 
dated December 12, 2022.
    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: 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).

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

[[Page 40208]]

Scope of the Order \4\
---------------------------------------------------------------------------

    \4\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
Austria, Belgium, France, the Federal Republic of Germany, Italy, 
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative 
Antidumping Determinations for France, the Federal Republic of 
Germany, the Republic of Korea and Taiwan, and Antidumping Duty 
Orders, 82 FR 24096 (May 25, 2017) (Order).
---------------------------------------------------------------------------

    The merchandise subject to the Order is CTL plate. The product is 
currently classified under the Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings 7208.40.3030, 7208.40.3060, 7208.51.0030, 
7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 
7226.20.0000, and 7226.91.5000.
    The products subject to the Order may also enter under the 
following HTSUS subheadings: 7208.40.6060, 7208.53.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500, 
7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
7212.50.0000, 7214.10.000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110, 
7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090, 
7206.11.1000, 7226.11.9060, 7229.19.1000, 7226.19.9000, 7226.91.0500, 
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 
7226.91.8000, and 7226.99.0180. The HTSUS subheadings are provided for 
convenience and customs purposes only; the written product description 
of the scope of the Order is dispositive.
    For a complete description of the merchandise subject to the Order, 
see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price is calculated in accordance with section 772 
of the Act. NV 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. 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 http://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed at 
https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix to this notice.

Preliminary Results of the Review

    As a result of our analysis of the record information, we 
preliminarily determine a weighted-average dumping margin of 0.00 
percent for the POSCO single entity \5\ for the period May 1, 2021, 
through April 30, 2022.\6\ Therefore, Commerce preliminarily determines 
that the POSCO single entity made no sales of subject merchandise at 
prices below NV.
---------------------------------------------------------------------------

    \5\ Commerce continues to find that POSCO, POSCO International 
Corporation, POSCO MS, and certain distributors and service centers 
(Taechang Steel Co., Ltd. and Winsteel Co., Ltd.) are affiliated 
pursuant to section 771(33)(E) of the Act, and further that these 
companies should be treated as a single entity (collectively, the 
POSCO single entity) pursuant to 19 CFR 351.401(f). See Preliminary 
Decision Memorandum.
    \6\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties with an 
administrative protective order within five days of 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 
Assistant Secretary for Enforcement and Compliance. Interested parties 
may submit case briefs to Commerce no later than 30 days after the date 
of publication of this notice.\7\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not later than seven days after 
the date for filing case briefs.\8\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs 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.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020) (collectively, Temporary Rule).
---------------------------------------------------------------------------

    All submissions to Commerce must be filed electronically using 
ACCESS and must also be served on interested parties.\9\ An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time on the date that the document is due. Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information, until further 
notice.\10\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.303(b) and 19 CFR 351.303(f).
    \10\ See Temporary Rule.
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance within 30 days of publication of this notice.\11\ 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 by telephone the date, time, and location of the 
hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Final Results of Review

    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 issues raised in any written briefs, not later than 120 
days after the date of publication of this notice.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping 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 administrative 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).

[[Page 40209]]

    Commerce will calculate importer-specific antidumping duty 
assessment rates when a respondent's weighted-average dumping margin is 
not zero or de minimis (i.e., less than 0.5 percent). Pursuant to 19 
CFR 351.212(b)(1), where the respondent reported the entered value of 
its U.S. sales, we will calculate importer-specific ad valorem 
antidumping duty assessment rates based on the ratio of the total 
amount of dumping calculated for the examined sales to each importer to 
the total entered value of those sales. Where the respondent did not 
report entered value, we will calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for the examined sales to each importer to the total 
quantity of those sales.\12\ We will also calculate an estimated ad 
valorem importer-specific assessment rate with which to assess whether 
the per-unit assessment rate is de minimis. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific ad valorem assessment rate calculated 
in the final results of this review is not zero or de minimis. Where 
either the respondent's ad valorem weighted-average dumping margin is 
zero or de minimis, or an importer-specific ad valorem assessment rate 
is zero or de minimis,\13\ we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------

    \12\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \13\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by the POSCO single entity for 
which the POSCO single entity did not know that the merchandise it sold 
to the intermediary (e.g., a reseller, trading company, or exporter) 
was destined for the United States. In such instances, 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.\14\
---------------------------------------------------------------------------

    \14\ For a full discussion of this clarification, 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 upon 
publication of the notice of 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 the POSCO single entity will be equal to the weighted-average 
dumping margin established in the final results of this review, except 
if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1) 
(i.e., less than 0.50 percent), in which case the cash deposit rate 
will be zero; (2) for merchandise exported by a company 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 for the most recently-completed segment; (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, the cash deposit rate 
will be the rate established for the most recently-completed segment 
for the producer of the merchandise; and (4) the cash deposit rate for 
all other producers and exporters will continue to be 7.10 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\15\
---------------------------------------------------------------------------

    \15\ See Order.
---------------------------------------------------------------------------

    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of the antidumping duties by 
the amount of the countervailing 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 31, 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. 2023-13128 Filed 6-20-23; 8:45 am]
BILLING CODE 3510-DS-P