[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:

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