[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Notices]
[Pages 47131-47133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11991]


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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: Preliminary Results and Partial Rescission of 
Countervailing Duty Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to certain 
producers and exporters of certain carbon and alloy steel cut-to-length 
plate (CTL plate) from the Republic of Korea (Korea) during the period 
of review (POR) January 1, 2022, through December 31, 2022. In 
addition, Commerce is rescinding this review with respect to 48 
companies. Interested parties are invited to comment on these 
preliminary results of review.

DATES: Applicable May 31, 2024.

FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Laurel Smalley, 
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) 482-1537 
or (202) 482-3456, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 25, 2017, Commerce published a countervailing duty (CVD) 
order on CTL plate from Korea.\1\ On July 12, 2023, Commerce published 
a notice of initiation of an administrative review of the Order.\2\ We 
initiated an administrative review of 50 producers/exporters of CTL 
plate from Korea for the POR. On August 15, 2023, Commerce selected 
POSCO Co., Ltd. (POSCO) as the sole mandatory respondent in this 
administrative review.\3\ On December 20, 2023, Commerce extended the 
deadline for the preliminary results of this review to no later than 
May 24, 2024.\4\
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    \1\ 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262, 44271 (July 12, 2023).
    \3\ See Memorandum, ``Respondent Selection,'' dated August 15, 
2023.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review; 2022,'' dated 
December 20, 2023.

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[[Page 47132]]

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included at Appendix I. 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 can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review of Certain 
Carbon and Alloy Steel Cut-to-Length Plate from the Republic of 
Korea; 2022:, '' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is CTL plate. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Rescission of Administrative Review, in Part

    On September 14, 2023, Commerce notified interested parties that we 
intended to rescind this administrative review for 48 companies for 
which the record information shows no suspended entries of subject 
merchandise during the POR.\6\ No parties commented on the notification 
of the intent to rescind the review, in part. Therefore, we find that 
there were no entries of subject merchandise during the POR by the 48 
companies listed in Appendix II. As a result of our finding, we are 
rescinding this review, in part, pursuant to 19 CFR 351.213(d)(3) with 
respect to these companies. For further information regarding this 
determination, see ``Rescission of Administrative Review, In Part'' 
section in the Preliminary Decision Memorandum.
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    \6\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated September 14, 2023.
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Methodology

    Commerce is conducting this CVD administrative review in accordance 
with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found countervailable, we 
preliminarily determine 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\ For a full description 
of the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
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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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Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following net countervailable subsidy rate exists for the POR, January 
1, 2022, through December 31, 2022:
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    \8\ As discussed in the Preliminary Decision Memorandum, 
Commerce preliminarily finds the following companies to be cross-
owned with POSCO: POSCO Chemical Co., Ltd.; POSCO Holdings Inc.; 
POSCO Mobility Solution Co., Ltd.; POSCO M-Tech Co., Ltd.; and POSCO 
Nippon Steel RHF Joint Venture 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, POSCO 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 CVD 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 affiliates is also applied to POSCO International for 
entries of subject merchandise produced by POSCO.

------------------------------------------------------------------------
                                                        Countervailable
                                                         subsidy rate
                Manufacturer/exporter                     (percent ad
                                                           valorem)
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POSCO \8\...........................................               1.47
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 
351.309(c), 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 no later than 
seven days after the date for filing case briefs.\10\ Pursuant to 19 
CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in 
the case briefs. 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.\11\
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    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d)(1) and (2).
    \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 public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public 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 public 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 Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069, 67077 (September 29, 2023).
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    Pursuant to 19 CFR 251.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
using Enforcement and Compliance's ACCESS system within 30 days of 
publication of this notice.\14\ Requests should contain: (1) the 
party's name, address, and telephone number; (2) the number of 
participants; (3) whether any participant is a foreign national; and 
(4) a list of issues to be discussed. Issues raised in the hearing will 
be limited to those raised in the respective case and rebuttal briefs. 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a time and date to be determined. Parties should confirm the 
date and time of the hearing two days before the scheduled date.
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    \14\ See 19 CFR 351.310(c).
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    Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS \15\ and must be served on interested 
parties.\16\ Electronically filed documents must be

[[Page 47133]]

received successfully in their entirety by 5:00 p.m. Eastern Time on 
the established deadline.
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    \15\ See 19 CFR 351.303.
    \16\ See 19 CFR 351.303(f).
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Final Results

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised by the parties in any written briefs, no 
later than 120 days after the date of publication of these preliminary 
results.

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon completion of the administrative review, 
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
Commerce shall determine, and CBP shall assess, countervailing duties 
on all appropriate entries covered by this review, for the above-listed 
companies.
    For the companies for which this review is rescinded, Commerce will 
instruct CBP to assess countervailing duties on all appropriate entries 
at a rate equal to the cash deposit of estimated countervailing duties 
required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period January 1, 2022, through December 31, 
2022, in accordance with 19 CFR 351.212(c)(l)(i). We intend to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of this notice in the Federal Register.
    For the companies remaining in the review, 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

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon 
publication of the final results, to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amounts calculated 
in the final results for the companies listed above 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 review, except, where the rate calculated in the final results is 
zero or de minimis, no cash deposit will be required. For all non-
reviewed firms, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate. 
These cash deposit instructions, when imposed, shall remain in effect 
until further notice.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(d)(4) and 351.221(b)(4).

    Dated: May 24, 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 I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Diversification of Korea's Economy
VI. Rescission of the Administrative Review, In Part
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation

Appendix II

Companies for Which Commerce Is Rescinding the Review

1. Ajin Industrial Co., Ltd.
2. BDP International
3. Blue Track Equipment
4. Boxco, Inc.
5. Bukook Steel Co., Ltd.
6. Buma CE Co., Ltd.
7. China Chengdu International Techno-Economic Cooperation Co., Ltd.
8. Daehan I.M. Co., Ltd.
9. Daehan Tex Co., Ltd.
10. Daelim Industrial Co., Ltd.
11. Daesam Industrial Co., Ltd.
12. Daesin Lighting Co., Ltd.
13. Daewoo International Corp.
14. Dong Yang Steel Pipe
15. DKC
16. DK Corporation
17. DK Dongshin Co., Ltd.
18. Dongbu Steel Co., Ltd.
19. Dongkuk Industries Co., Ltd.
20. Dongkuk Steel Mill Co., Ltd.
21. EAE Automotive Equipment
22. EEW KHPC Co., Ltd.
23. Eplus Expo Inc.
24. GS Global Corp.
25. Haem Co., Ltd.
26. Han Young Industries
27. Hyosung Corp.
28. Hyundai Steel Co.
29. Jinmyung Frictech Co., Ltd.
30. Khana Marine Ltd.
31. Kindus Inc.
32. Korean Iron and Steel Co., Ltd.
33. Kyoungil Precision Co., Ltd.
34. LG Electronics Inc.
35. Menics
36. Qian'an Rentai Metal Products Co., Ltd.
37. Samsun C&T Corp.
38. Samsung Electronics Co., Ltd.
39. Shinko
40. Shipping Imperial Co., Ltd.
41. Sinchang Eng Co., Ltd.
42. SK Networks Co., Ltd.
43. SNP Ltd.
44. Steel N People Ltd.
45. Summit Industry
46. Sungjin Co., Ltd.
47. Wonbang Tech Co., Ltd.
48. Young Sun Steel

[FR Doc. 2024-11991 Filed 5-30-24; 8:45 am]
BILLING CODE 3510-DS-P