[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48433-48435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15949]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-878]


Certain Corrosion-Resistant Steel Products 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 
determines that certain corrosion-resistant steel products (CORE) from 
the Republic of Korea (Korea) were not sold in the United States at 
less than normal value (NV) during the period of review (POR), July 1, 
2021, through June 30, 2022. Interested parties are invited to comment 
on these preliminary results.

DATES: Applicable July 27, 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 25, 2016, Commerce published the antidumping duty order on 
CORE from Korea.\1\ Commerce initiated this administrative review on 
September 6, 2022.\2\ This review covers eight companies,\3\ of which 
we selected Dongkuk and Hyundai as mandatory respondents.\4\
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    \1\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016) (Order); and Certain Corrosion-Resistant Steel Products from 
India, Italy, the People's Republic of China, the Republic of Korea, 
and Taiwan: Notice of Correction to the Antidumping Duty Orders, 81 
FR 58475 (August 25, 2016).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 54468 (September 6, 2022).
    \3\ The eight companies are: Dongkuk Steel Mill Co., Ltd. 
(Dongkuk); Hyundai Steel Company (Hyundai); KG Dongbu Steel Co., 
Ltd.; POSCO; POSCO International Corporation; POSCO STEELEON CO., 
Ltd.; SeAH Coated Metal; and SeAH Steel Corporation.
    \4\ See Memorandum, ``Respondent Selection,'' dated October 4, 
2022.
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    On March 22, 2023, we extended the deadline for the preliminary 
results of this review until July 21, 2023.\5\ For a detailed 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\6\
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated 
March 22, 2023.
    \6\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Corrosion-Resistant Steel Products from the Republic of 
Korea; 2021-2022,'' 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 CORE from Korea. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act). 
Export price and constructed export price are 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. A list of topics 
discussed in the Preliminary Decision Memorandum is attached as an 
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, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rate for Non-Examined Companies

    The statute 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 an 
antidumping duty 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 
and de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    However, where the dumping margins for individually examined 
respondents are all zero, de minimis, or based entirely on facts 
available, section 735(c)(5)(B) of the Act provides that Commerce may 
use ``any reasonable method to establish the estimated all-others rate 
for exporters and producers not individually investigated, including 
averaging the estimated weighted-average dumping margins determined for 
the exporters and producers individually investigated.'' In this 
review, we have calculated weighted-average dumping margins for both 
Dongkuk and Hyundai, the mandatory respondents, that are zero. Thus, 
using section 735(c)(5)(B) of the Act as guidance, we are assigning to 
the companies not selected for individual examination, the zero percent 
rate calculated for the mandatory respondents.

Preliminary Results

    We preliminarily determine the following weighted-average dumping 
margins for the period July 1, 2021, through June 30, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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Dongkuk Steel Mill Co., Ltd.............................            0.00
Hyundai Steel Company...................................            0.00
KG Dongbu Steel Co., Ltd................................            0.00
POSCO...................................................            0.00
POSCO International Corporation.........................            0.00
POSCO STEELEON Co., Ltd.................................            0.00
SeAH Coated Metal.......................................            0.00

[[Page 48434]]

 
SeAH Steel Corporation..................................            0.00
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results of review to interested parties 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 no later than seven days after 
the date for filing case briefs.\8\ 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.\9\
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    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).''); 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).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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 
Commerce's electronic records system, ACCESS, within 30 days after the 
date of publication of this notice.\10\ 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 parties intend to discuss. 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 a hearing at a time and date to be determined.\11\ Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
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    All submissions to Commerce must be filed using ACCESS \12\ and 
must be served on interested parties.\13\ 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.\14\
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    \12\ See 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
    \14\ See Temporary Rule.
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless this deadline is extended.\15\
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    \15\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. For any individually 
examined respondent whose weighted-average dumping margin is not zero 
or de minimis (i.e., less than 0.5 percent) in the final results of 
this review and the respondent reported entered values, we will 
calculate importer-specific ad valorem assessment rates for the 
merchandise based on the ratio of the total amount of dumping 
calculated for the examined sales made during the POR to each importer 
and the total entered value of those same sales, in accordance with 19 
CFR 351.212(b)(1). If the respondent has not reported entered values, 
we will calculate a per-unit assessment rate for each importer by 
dividing the total amount of dumping calculated for the examined sales 
made to that importer by the total quantity associated with those 
transactions. To determine whether an importer-specific, per-unit 
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2), 
we also will calculate an importer-specific ad valorem ratio based on 
estimated entered values.
    Where an importer-specific ad valorem assessment rate is zero or de 
minimis in the final results of review, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties 
in accordance with 19 CFR 351.106(c)(2). If a respondent's weighted-
average dumping margin is zero or de minimis in the final results of 
review, we will instruct CBP not to assess duties on any of its entries 
without regard to antidumping duties.\16\
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    \16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by any of 
the above-referenced respondents for which they did not know that the 
merchandise was destined for the United States, we will instruct CBP to 
liquidate those entries at the all-others rate in the original less-
than-fair-value (LTFV) investigation (as amended) \17\ if there is no 
rate for the intermediate company(ies) involved in the transaction.\18\
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    \17\ See Order; Certain Corrosion-Resistant Steel Products from 
the Republic of Korea: Notice of Court Decision Not in Harmony with 
Final Determination of Investigation and Notice of Amended Final 
Results, 83 FR 39054 (August 8, 2018) (Timken and Amended Final 
Results).
    \18\ For a full discussion of this practice, 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).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for each specific company listed above will be that 
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

[[Page 48435]]

review, or the underlying investigation, but the producer is, then the 
cash deposit rate will be the rate established for the most recent 
segment for the producer of the merchandise; and (4) the cash deposit 
rate for all other producers and exporters will continue to be 8.31 
percent, the all-others rate established in the LTFV investigation (as 
amended).\19\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \19\ See Order, as amended by Timken and Amended Final Results.
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Notification to Importers

    This notice 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 POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or 
increase in the amount of 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: July 20, 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. 2023-15949 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P