[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Pages 86318-86320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27354]


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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: Final Results of Countervailing Duty Administrative 
Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to POSCO, a producer and 
exporter of certain carbon and alloy steel cut-to-length plate (CTL 
plate) from the Republic of Korea (Korea), during the period of review 
(POR) from January 1, 2021, through December 31, 2021.

DATES: Applicable December 13, 2023.

FOR FURTHER INFORMATION CONTACT: Faris Montgomery, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade

[[Page 86319]]

Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1537.

SUPPLEMENTARY INFORMATION:

Background

    On June 6, 2023, Commerce published the Preliminary Results of this 
administrative review in the Federal Register.\1\ On August 9, 2023, 
Commerce released a post-preliminary analysis memorandum regarding the 
provision of electricity for less than adequate remuneration and 
electricity for more than adequate remuneration programs.\2\ Between 
August 29 and September 1, 2023, Commerce conducted on-site 
verification of the questionnaire responses submitted by the Government 
of Korea.\3\
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    \1\ See 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, 88 FR 37019 (June 
6, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Post-Preliminary Analysis,'' dated August 
9, 2023.
    \3\ See Memorandum, ``Verification of the Questionnaire 
Responses of the Government of Korea for the Provision of 
Electricity for Less than Adequate Remuneration Program,'' dated 
September 28, 2023.
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    On September 6, 2023, Commerce extended the deadline for the final 
results of this review to no later than December 1, 2023.\4\ For a 
complete description of the events that followed the Preliminary 
Results, see the Issues and Decision Memorandum.\5\
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    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated September 6, 
2023.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review: 
Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic 
of Korea; 2021,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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    We conducted this review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act).

Scope of the Order 6
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    \6\ 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).
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    The merchandise covered by the Order is CTL plate. For a complete 
description of the scope of the Order, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed is 
attached to this notice at the appendix to this notice. The Issues and 
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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the case and rebuttal briefs and the 
evidence on the record, we made certain changes to POSCO's 
countervailable subsidy calculations from the Preliminary Results. 
These changes are explained in the Issues and Decision Memorandum.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we find 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\ The Issues and Decision 
Memorandum contains a full description of the methodology underlying 
Commerce's conclusions.
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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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Verification

    As provided in section 782(i)(3) of the Act and 19 CFR 
351.307(b)(iv), in August 2023, Commerce conducted an on-site 
verification of the subsidy information reported by the Government of 
Korea. We used standard on-site verification procedures, including an 
examination of relevant accounting records and original source 
documents provided by the respondent.

Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we calculated an 
individual net countervailable subsidy rate for POSCO. Commerce 
determines that, during the POR, the net countervailable subsidy rate 
for the producers/exporter under review is as follows:
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    \8\ As discussed in the Preliminary Results, Commerce found 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, POSO 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 countervailing duty 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 companies is also applied to POSCO International for 
entries of subject merchandise produced by POSCO.

------------------------------------------------------------------------
                                                           Subsidy rate
                   Producer/exporter                       (percent ad
                                                             valorem)
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POSCO \8\..............................................            0.87
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Disclosure

    We intend to disclose the calculations performed in connection with 
the final results of review to parties in this proceeding within five 
days of the date of publication of this notice in the Federal Register 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, countervailing duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review, for the above-listed company at the 
applicable ad valorem assessment rate. 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 Requirements

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount shown for the company listed above based 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 administrative review.\9\ For all non-reviewed firms 
subject to the Order, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the most recent

[[Page 86320]]

company-specific rate or the all-others rate (3.72 percent), as 
appropriate.\10\ These cash deposit requirements, effective upon 
publication of these final results, shall remain in effect until 
further notice.
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    \9\ See, e.g., Honey from Argentina: Results of Countervailing 
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and 
accompanying Issues and Decision Memorandum at Issue 4.
    \10\ See Order, 82 FR at 24103.
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Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act, and 19 CFR 351.221(b)(5).

    Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
    Comment 1: Whether Electricity is Subsidized by the Government 
of Korea (GOK)
    Comment 2: Whether the Provision of Korea Emissions Trading 
System (K-ETS) Permits is Countervailable
    Comment 3: Whether the Benchmark Calculations for Electricity 
for More than Adequate Remuneration (MTAR) Should Differentiate for 
Time-of-Use
    Comment 4: Whether Certain of POSCO SPS Co. Ltd.'s (POSCO SPS) 
Industrial Technology Innovation Promotion Act (ITIPA) Grants are 
Tied to Non-Subject Merchandise
    Comment 5: Whether Certain of POSCO Chemical Co., Ltd.'s (POSCO 
Chemical) Local Tax Exemptions under the Restriction of Special 
Local Taxation Act (RSLTA) Article 78 are Tied to Non-Subject 
Merchandise
    Comment 6: Whether Certain Quota Tariff Import Duty Exemptions 
under Article 71 of the Customs Act are Tied to Non-Subject 
Merchandise
VII. Recommendation

[FR Doc. 2023-27354 Filed 12-12-23; 8:45 am]
BILLING CODE 3510-DS-P