[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86631-86632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27438]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-887]


Carbon and Alloy Steel Cut-to-Length Plate From the Republic of 
Korea: Final 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) determines that 
POSCO and its affiliated companies (collectively, the POSCO single 
entity), the sole exporter subject to this review, did not make sales 
of subject merchandise in the United States at less than normal value 
during the period of review (POR), May 1, 2021, through April 30, 2022.

DATES: Applicable December 14, 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 June 21, 2023, Commerce published the preliminary results of the 
administrative review of the antidumping duty order on carbon and alloy 
steel cut-to-length plate from the Republic of Korea.\1\ We invited 
interested parties to comment on the Preliminary Results. For a 
complete description of the events that occurred subsequent to the 
Preliminary Results, see the Issues and Decision Memorandum.\2\
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    \1\ See Carbon and Alloy Steel Cut-to-Length Plate from the 
Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2021-2022, 88 FR 40207 (June 21, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results in the 2021-2022 Antidumping Duty Administrative 
Review of Carbon and Alloy Steel Cut-to-Length Plate from the 
Republic of Korea,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order 3
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    \3\ 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).
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    The merchandise subject to the Order is carbon and alloy steel cut-
to-length 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 scope of the 
Order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the parties' case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum and are listed in 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 the comments received from the POSCO single entity and 
record information, we made certain changes to our preliminary 
calculation of the weighted-average dumping margin for the POSCO single 
entity. For a discussion of these changes, see the Issues and Decision 
Memorandum.

Final Results of Review

    As a result of this review, we determine the following estimated 
weighted-average dumping margin exists for the period May 1, 2021, 
through April 30, 2022:

[[Page 86632]]



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                                       Weighted- average dumping margin
          Exporter/producer                        (percent)
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POSCO single entity \4\.............  0.00 (de minimis).
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Disclosure
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    \4\ Commerce continues to find that POSCO, POSCO International 
Corporation, POSCO MS, and certain distributors and service centers 
(i.e., 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 Results PDM at 1.
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    Commerce intends to disclose the calculations for these final 
results of review within five days of the date of publication of this 
notice in the Federal Register, in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.224(b).

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). 
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).
    Where the respondent's weighted-average dumping margin is either 
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\5\ Accordingly, because the final weighted-average 
dumping margin for POSCO in this review is zero percent, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. Consistent with Commerce's clarification of its 
assessment practice, for entries of subject merchandise during the POR 
produced by the POSCO single entity for which it did not know the 
merchandise was destined for the United States, 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.\6\
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    \5\ 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).
    \6\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, 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 administrative review (i.e., 0.00 
percent); (2) for merchandise exported by a company not covered in this 
review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding in which the 
producer or exporter participated; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original less-than-fair-
value (LTFV) investigation, but the producer is, the cash deposit rate 
will be the rate established for the most recently completed segment of 
the proceeding 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 ad valorem, the all-others rate established in the LTFV 
investigation.\7\
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    \7\ See Order, 82 FR at 24098.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties and/or countervailing 
duties prior to liquidation of the relevant entries during the POR. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping duties and/or 
countervailing duties occurred and the subsequent assessment of double 
antidumping duties, and/or an increase in the amount of antidumping 
duties by the amount of the countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 
the terms of an APO is a sanctionable violation.

Notification to Interested Parties

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

    Dated: December 7, 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. The POSCO Single Entity
V. Changes Since the Preliminary Results
VI. Discussion of the Issues
    Comment 1: Whether Commerce Erroneously Applied the General and 
Administrative (G&A) and Financial (INTEX) Expense Ratios for the 
Affiliated Service Centers' Resales
    Comment 2: Whether Commerce Incorrectly Omitted POSCO's Sales to 
Affiliated Customers Prior to Conducting the Arm's-Length Test
    Comment 3: Correction of a Clerical Error
VII. Recommendation

[FR Doc. 2023-27438 Filed 12-13-23; 8:45 am]
BILLING CODE 3510-DS-P