[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69136-69138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22198]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-882]
Certain Cold-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results of Countervailing Duty Administrative
Review, Partial Rescission, and Preliminary Intent To Rescind, in Part;
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/exporters of certain cold-rolled
steel flat products (cold-rolled steel) from the Republic of Korea
(Korea) received countervailable subsidies during the period of review
(POR) January 1, 2021, through December 31, 2021. In addition, we are
rescinding the review with respect to 44 companies and notifying
parties of our intent to rescind the review with respect to two
companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7425.
SUPPLEMENTARY INFORMATION:
Background
On November 3, 2022, Commerce published a notice of initiation of
administrative review of the countervailing duty (CVD) order on cold-
rolled steel from Korea.\1\ On January 20, 2023, Commerce selected
Hyundai Steel Company (Hyundai Steel) \2\ and POSCO/POSCO International
Corporation (collectively,
[[Page 69137]]
POSCO) \3\ as mandatory respondents in this administrative review.\4\
On May 15, 2023, Commerce extended the time period for issuing the
preliminary results of this review to September 29, 2023.\5\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022) (Initiation
Notice).
\2\ Hyundai Steel is also known as Hyundai Steel Co., Ltd.
\3\ POSCO International Corporation was formerly POSCO Daewoo
Corporation. See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review, 2019, 86 FR 55572 (October 6, 2021) and
accompanying Preliminary Decision Memorandum (PDM) at 10, unchanged
in Certain Cold-Rolled Steel Flat Products from the Republic of
Korea: Final Results of Countervailing Duty Administrative Review;
2019, 87 FR 2022 (April 8).
\4\ See Memorandum, ``Selection of Respondents,'' dated January
20, 2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021 Countervailing Duty Administrative Review,'' dated
May 15, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I 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 http://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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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, Partial
Rescission, and Intent to Rescind, in Part; 2021: Certain Cold-
Rolled Steel Flat Products 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 cold-rolled steel. For a
complete description of the scope of the order, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation. Commerce received timely
withdrawal requests with respect to 44 companies.\7\ Because there are
no longer any pending review requests for those companies, we are
rescinding this review with respect to them, in accordance with 19 CFR
351.213(d)(1). For a complete list of the companies for which we are
rescinding this review, see Appendix II.
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\7\ See Petitioners' Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated February 1, 2023.
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Preliminary Intent To Rescind Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\8\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\9\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty assessment rate calculated for the
review period.\10\
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\8\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\9\ See 19 CFR 351.212(b)(2).
\10\ See 19 CFR 351.213(d)(3).
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According to the CBP data on the record, Hyundai Group and POSCO
C&C Co., Ltd. did not have reviewable entries of subject merchandise
during the POR for which liquidation is suspended. Accordingly, in the
absence of reviewable, suspended entries of subject merchandise during
the POR, we intend to rescind this review with respect to Hyundai Group
and POSCO C&C Co., Ltd., in accordance with 19 CFR 351.213(d)(3).
Methodology
Commerce is conducting this 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 financial contribution by an
``authority'' that gives rise to a benefit to the recipient, and that
the subsidy is specific.\11\ For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
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\11\ 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
individual net countervailable subsidy rates for Hyundai Steel and
POSCO/POSCO International Corporation. We preliminarily find that,
during the POR, the net countervailable subsidy rates for the
producers/exporters under review to be as follows:
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Subsidy rate
Company (percent ad
valorem)
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POSCO/POSCO International Corporation\12\............... 0.88
Hyundai Steel Company\13\............................... 0.78
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Disclosure
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
POSCO: POSCO Chemical, POSCO M-Tech, Pohang Scrap Recycling
Distribution Center Co., Ltd., POSCO Nippon Steel RHF Joint Venture
Co., Ltd., POSCO Terminal, and POSCO Steel Processing and Service.
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.
\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Hyundai Steel: Hyundai ITC and Hyundai Green Power.
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We intend to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the publication of these preliminary results, in accordance
with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary results in the
Federal Register. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
date for case briefs after the deadline date for case briefs.\14\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or
rebuttal briefs in this review are requested to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\15\ All briefs must be
[[Page 69138]]
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety using ACCESS by 5 p.m.
Eastern Time on the established deadline. Note that Commerce has
temporarily modified certain of its requirements for service documents
containing business proprietary information, until further notice.\16\
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\14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\16\ 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance using ACCESS within 30 days after the date
of publication of this notice.\17\ Requests should contain the party's
name, address, and telephone number, and a list of the issues to be
discussed. Oral presentations at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce will
inform parties of the time and date for the hearing.\18\
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310.
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Final Results
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
our analysis of the issues raised by the parties in their comments, no
later than 120 days after the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and CBP shall assess, countervailing 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 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).
For the companies listed in Appendix II for which we are rescinding
this administrative review, 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). Commerce intends to issue appropriate assessment
instructions to CBP no earlier than 35 days after the date of
publication of this notice in the Federal Register.
Cash Deposit Rate
Pursuant to section 751(a)(1) of the Act, Commerce also intends 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 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: September 29, 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. Diversification of Korea's Economy
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
Appendix II--Companies for Which Commerce is Rescinding the Review
1. AJU Steel Co., Ltd.
2. Amerisource Korea
3. Amerisource International
4. BC Trade
5. Busung Steel Co., Ltd.
6. Cenit Co., Ltd.
7. Daewoo Logistics Corp.
8. Dai Yang Metal Co., Ltd.
9. DK GNS Co., Ltd.
10. Dongbu Incheon Steel Co., Ltd.
11. Dongbu Steel Co., Ltd.
12. Dongbu USA
13. KG Dongbu Steel Co., Ltd.
14. Dong Jin Machinery
15. Dongkuk Industries Co., Ltd.
16. Dongkuk Steel Mill Co., Ltd.
17. Eunsan Shipping and Air Cargo Co., Ltd.
18. Euro Line Global Co., Ltd.
19. Golden State Corp.
20. GS Global Corp.
21. Hanawell Co., Ltd.
22. Hankum Co., Ltd.
23. Hyosung TNC Corp.
24. Hyuk San Profile Co., Ltd.
25. Iljin NTS Co., Ltd.
26. Iljin Steel Corp.
27. Jeen Pung Industrial Co., Ltd.
28. JS Steel Co. Ltd.
29. JT Solution
30. Kolon Global Corporation
31. Nauri Logistics Co., Ltd.
32. Okaya (Korea) Co., Ltd.
33. PL Special Steel Co., Ltd.
34. Samsung C&T Corp.
35. Samsung STS Co., Ltd.
36. SeAH Steel Corp.
37. SM Automotive Ltd.
38. SK Networks Co., Ltd.
39. Taihan Electric Wire Co., Ltd.
40. TGS Pipe Co., Ltd.
41. TI Automotive Ltd.
42. Topco Global Co., Ltd.
43. Xeno Energy
44. Young Steel Co., Ltd.
[FR Doc. 2023-22198 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P