[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:

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