[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Notices]
[Pages 22672-22674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06947]



[[Page 22672]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-834]


Stainless Steel Sheet and Strip in Coils 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) preliminarily finds 
that stainless steel sheet and strip in coils (SSSSC) from the Republic 
of Korea (Korea) were sold in the United States at less than normal 
value (NV) during the period of review (POR) is July 1, 2022, through 
June 30, 2023. Additionally, Commerce is rescinding this administrative 
review, in part, with respect to certain companies that had no entries 
of subject merchandise during the POR. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable April 2, 2024.

FOR FURTHER INFORMATION CONTACT: Jerry Xiao, AD/CVD Operations, Office 
II, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-2273.

SUPPLEMENTARY INFORMATION:

Background

    On July 27, 1999, Commerce published in the Federal Register the 
antidumping duty order on SSSSC from Korea.\1\ On July 3, 2023, 
Commerce published in the Federal Register a notice of opportunity to 
request an administrative review of the Order for the POR.\2\ On 
September 11, 2023, based on timely requests for review, in accordance 
with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of 
the Order \3\ covering 10 exporters and/or producers.\4\ Korinox Co., 
Ltd. (Korinox) is the sole company subject to the review with entries 
during the POR.
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    \1\ See Notice of Antidumping Duty Order; Stainless Steel Sheet 
and Strip in Coils from United Kingdom, Taiwan, and South Korea, 64 
FR 40555 (July 27, 1999) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 42693 (July 3, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation 
Notice).
    \4\ Id., 88 FR at 62326. Although Commerce received a request 
for review of Inchon Iron & Steel Co., Ltd., Commerce did not 
include this company in the Initiation Notice because, Hyundai Steel 
Company is the successor-in-interest to INI Steel Company, formerly 
Inchon Iron and Steel Co., Ltd. See Notice of Final Determination of 
Sales at Less Than Fair Value: Stainless Steel Sheet and Strip in 
Coils from the Republic of Korea, 64 FR 30664, 30688 (June 8, 1999); 
see also Stainless Steel Sheet and Strip in Coils from the Republic 
of Korea: Notice of Final Results of Changed Circumstances 
Antidumping Duty Administrative Review, 67 FR 43583 (June 28, 2002); 
and Notice of Final Results of Changed Circumstances Antidumping 
Duty Administrative Review: Stainless Steel Sheet and Strip in Coils 
from the Republic of Korea, 71 FR 3 7906 (July 3, 2006).
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Scope of the Order

    The products subject to the Order are certain stainless steel sheet 
and strip in coils from Korea. For a complete description of the scope 
of the Order, see the Preliminary Decision Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2022-2023 Administrative Review of the Antidumping 
Duty Order on Stainless Steel Sheet and Strip in Coils from the 
Republic of Korea,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily 
relied entirely upon facts otherwise available with adverse inferences 
for Korinox.
    For a complete description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is attached in the 
appendix 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 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rescission of Review, In Part

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order when 
there are no reviewable entries of subject merchandise during the POR 
for which liquidation is suspended.\6\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
antidumping duty assessment rate calculated for the review period.\7\ 
Therefore, for an administrative review to be conducted, there must be 
at least one reviewable, suspended entry that Commerce can instruct CBP 
to liquidate at the antidumping duty assessment rate calculated for the 
review period.\8\ There were no entries of subject merchandise during 
the POR for the following companies subject to the review: DK 
Corporation; Dongbu Steel Co., Ltd.; Dongkuk Steel Mill Co., Ltd.; 
Hyundai Steel Company; KG Dongbusteel Co., Ltd.; Pohang Iron & Steel 
Co., Ltd. (POSCO); POSCO International Corp.; Taihan Electric Wire Co., 
Ltd.; and Topco Global Ltd. As a result, on January 16, 2024, Commerce 
notified all interested parties of its intent to rescind this review, 
in part, with respect to these companies and received no comments.\9\ 
Accordingly, Commerce is rescinding this review, in part, with respect 
to these nine companies. The administrative review remains active with 
respect to the mandatory respondent, Korinox.
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    \6\ See, e.g., Dioctyl Terephthalate from the Republic of Korea: 
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR 
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to Length Plate from the Federal Republic of Germany: Recission of 
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January 
24, 2023).
    \7\ See 19 CFR 351.212(b)(1).
    \8\ See 19 CFR 351.213(d)(3).
    \9\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated January 16, 2024.
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Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists for the period July 1, 2022, 
through June 30, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Producer or exporter                        dumping
                                                               margin
                                                              (percent)
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Korinox Co., Ltd. (Korinox)...............................        58.79
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Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary determination in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce preliminarily applied 
total adverse facts available to the sole company subject to this this 
review, in accordance with

[[Page 22673]]

section 776 of the Act, there are no calculations to disclose.

Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice.\10\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed no later than five days after the date for 
filing case briefs.\11\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\12\ 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. 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 determination in 
this 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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    \10\ See 19 CFR 351.303 (for general filing requirements).
    \11\ See 19 CFR 351.309(d); 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).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \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. 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 respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS within 30 days after the 
date of publication of this notice. If a request for a hearing is made, 
Commerce intends to hold a hearing at a time and date to be 
determined.\14\ Parties should confirm the date, time, and location of 
the hearing two days before the scheduled date. All submissions, 
including case and rebuttal briefs, as well as hearing requests, should 
be filed using ACCESS.\15\ An electronically-filed document must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Time on the established deadline.
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    \14\ See 19 CFR 351.310(d).
    \15\ See 19 CFR 351.303.
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Assessment Rates

    Upon completion of the final results, Commerce shall determine and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\16\
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    \16\ See 19 CFR 351.212(b)(1).
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    With respect to the companies for which we have rescinded this 
review in part, Commerce intends to instruct CBP to assess antidumping 
duties on all appropriate entries at rates equal to the cash deposit 
rate of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the POR, in 
accordance with 19 CFR 351.212(c)(1)(i).
    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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of SSSSC from Korea entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication as provided for by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for Korinox will be equal to the weighted-average 
dumping margin established in the final results of this review; (2) for 
merchandise exported by a company not covered in this review but 
covered in a prior completed segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published in 
the completed segment for the most recent period; (3) if the exporter 
is not a firm covered in this review or another completed segment of 
this proceeding, but the producer is, then the cash deposit rate will 
be the company-specific rate established for the completed segment for 
the most recent period for the producer of the merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 19.60 percent, the all-others rate as revised due to a section 129 
determination.\17\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \17\ See Notice of Implementation of Determination Under Section 
129 of the Uruguay Round Agreements Act and Revocation of the 
Antidumping Duty Order on Stainless Steel Plate in Coils from the 
Republic of Korea; and Partial Revocation of the Antidumping Duty 
Order on Stainless Steel Sheet and Strip in Coils from the Republic 
of Korea, 76 FR 74771 (December 1, 2011).
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Final Results of Review

    Unless the deadline is otherwise extended, Commerce intends to 
issue the final results of this administrative review, including the 
results of its analysis of the issues raised by interested parties in 
written briefs, within 120 days after the date of publication of this 
notice in the Federal Register, pursuant to section 751(a)(3)(A) of the 
Act and 19 CFR 351.213(h)(1).

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 review period. 
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.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h) and 351.221(b)(4).


[[Page 22674]]


    Dated: March 27, 2024.
Abdelali Elouaradia,
Deputy 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 Review, In Part
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2024-06947 Filed 4-1-24; 8:45 am]
BILLING CODE 3510-DS-P