[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Notices]
[Pages 15814-15816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04621]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate Products From
the Republic of Korea: Preliminary Results and Rescission in Part of
Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on certain
cut-to-length carbon-quality steel plate products (CTL plate) from the
Republic of Korea (Korea). The period of review (POR) is February 1,
2022, through January 31, 2023. Commerce preliminarily finds that the
producers/exporters subject to this administrative review did not make
sales of subject merchandise at prices below normal value (NV) during
the POR. We are rescinding this administrative review, in part, with
respect to two companies. We invite interested parties to comment on
these preliminary results.
DATES: Applicable March 5, 2024.
FOR FURTHER INFORMATION CONTACT: Christopher Williams or Allison
Hollander, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5166
or (202) 482-2805, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, Commerce published in the Federal Register
the AD order on CTL plate from Korea.\1\ On April 11, 2023, based on
timely requests for an administrative review, Commerce initiated this
administrative review of the Order with respect to four companies \2\
and subsequently selected Dongkuk Steel Mill Co., Ltd., and Hyundai
Steel Company as the mandatory respondents.\3\ On October 12, 2023, we
extended the deadline to issue these preliminary results until February
28, 2024.\4\
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\1\ See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products from France, India,
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585
(February 10, 2000) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 21609, 21611 (April 11, 2023)
(Initiation Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated May 26,
2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the Antidumping Duty Administrative Review; 2022-2023,''
dated October 12, 2023.
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Scope of the Order
The merchandise covered by the Order is CTL plate from Korea. For a
full description of the scope of the Order, see the Preliminary
Decision Memorandum.\5\
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\5\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel
Plate Products from the Republic of Korea: Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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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 the parties that
requested the review withdraw their review requests within 90 days of
the date of publication of the notice of initiation for the requested
review.\6\ On July 10, 2023, Nucor Corporation, SSAB Enterprises, LLC,
and Cleveland-Cliffs Inc. withdrew their request for the review of BDP
International and Sung Jin Steel Co., Ltd., within the 90-day
deadline.\7\ No other parties requested an administrative review of
these two companies. Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding the administrative review of BDP
International and Sung Jin Steel Co., Ltd.
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\6\ See Initiation Notice, 88 FR at 21610.
\7\ See Nucor Corporation, SSAB Enterprises, LLC, and Cleveland-
Cliffs Inc.'s Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated July 10, 2023.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
export price and constructed export price in accordance with section
772 of the Act, and we calculated NV in accordance with section 773 of
the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is included
as the appendix to this notice. The Preliminary Decision Memorandum is
a public document and is made available to the public 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.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period February 1, 2022, through January
31, 2023:
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Weighted-
average
Producer and/or exporter dumping margin
(percent)
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Dongkuk Steel Mill Co., Ltd............................. 0.00
Hyundai Steel Company................................... 0.00
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after publication of this notice.\8\ Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may submit case briefs no later
than 30 days after the date of publication of this notice.\9\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date for filing case briefs.\10\
Interested parties who submit case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
[[Page 15815]]
contents listing each issue; and (2) a table of authorities.\11\
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\8\ See 19 CFR 351.224(b).
\9\ See also 19 CFR 351.303 (for general filing requirements).
\10\ See 19 CFR 351.309(d)(1); see also Administrative
Protective Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\12\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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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
ACCESS. Hearing requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the case and rebuttal briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon issuance of the final results of this administrative review,
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\14\ If a
respondent's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.5 percent) in the final results of this review, we
intend to calculate an importer-specific assessment rate based on the
ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of the sales in accordance
with 19 CFR 351.212(b)(1).\15\ If the respondent's weighted-average
dumping margin or an importer-specific assessment rate is zero or de
minimis in the final results of this review, we intend to instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties in accordance with the Final Modification for Reviews.\16\
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\14\ See 19 CFR 351.212(b)(1).
\15\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\16\ Id., 77 FR at 8103; see also 19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by
either of the individually examined respondents for which they did not
know that the merchandise was destined for the United States, we will
instruct CBP to liquidate these entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\17\
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\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess antidumping duties
on all appropriate entries at a rate equal to the cash deposit of
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, during the period February 1, 2022, through
January 31, 2023, in accordance with 19 CFR 351.212(c)(l)(i).
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.\18\ 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).
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\18\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of this 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 the companies 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 merchandise
exported by companies not covered in this review but covered in a prior
segment of this proceeding, the cash deposit rate will continue to be
the company-specific rate published for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the investigation but the producer is, the cash deposit rate will be
the rate established for the most recently completed segment for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 0.98 percent, the all-others
rate established in the investigation.\19\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\19\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate
Products from the Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2020-2021, 87 FR 40489, 40490 (July 7,
2022).
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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 an
increase in the amount of antidumping duties by the amount of
countervailing duties.
[[Page 15816]]
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 19 CFR 351.221(b)(4).
Dated: February 28, 2024
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Rescission of Administrative Review, in Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-04621 Filed 3-4-24; 8:45 am]
BILLING CODE 3510-DS-P