[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Notices]
[Pages 48145-48147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12342]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-891]


Carbon and Alloy Steel Wire Rod From the Republic of Korea: 
Preliminary Results 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 POSCO and POSCO International Corporation (PIC) (collectively, 
POSCO), a producer and exporter of carbon and alloy steel wire rod 
(wire rod) from the Republic of Korea (Korea), sold subject merchandise 
in the United States at prices below normal value during the period of 
review (POR) May 1, 2022, through April 30, 2023. We invite all 
interested parties to comment on these preliminary results.

DATES: Applicable June 5, 2024.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2316.

SUPPLEMENTARY INFORMATION:

Background

    On May 21, 2018, Commerce published in the Federal Register the 
antidumping duty order on wire rod from Korea.\1\ On April 8, 2019, 
Commerce revoked, in part, the Order with respect to grade 1078 and 
higher tire cord quality wire rod used in the production of tire cord 
wire.\2\ On June 13, 2019, Commerce revoked, in part, the Order with 
respect to valve spring quality (VSQ) wire rod.\3\
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    \1\ See Carbon and Alloy Steel Wire from Italy, the Republic of 
Korea, Spain, the Republic of Turkey, and the United Kingdom: 
Antidumping Duty Orders and Amended Final Affirmative Antidumping 
Duty Determination for Spain and the Republic of Turkey, 83 FR 23417 
(May 21, 2018) (Order).
    \2\ See Carbon and Alloy Steel Wire from Italy, the Republic of 
Korea and the United Kingdom: Notice of Final Results of Antidumping 
Duty Changed Circumstances Review, 84 FR 13888 (April 8, 2019).
    \3\ See Carbon and Alloy Steel Wire from Italy, the Republic of 
Korea: Final Results of Antidumping Duty Changed Circumstances 
Review, 84 FR 27582 (June 13, 2019).
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    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of Tariff Act of 1930, as amended (the Act). 
On July 12, 2023, in accordance with 19 CFR 351.221(c)(1)(i), we 
initiated this review identifying POSCO as the sole producer and 
exporter subject to this review.\4\ On January 18, 2024, we extended 
the deadline for these preliminary results to May 30, 2024.\5\
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    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023).
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated January 18, 2024.
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    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Carbon and 
Alloy Steel Wire Rod from the Republic of Korea; 2022-2023,'' dated 
concurrently with, and hereby adoped by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The scope of the Order includes certain hot-rolled products of 
carbon

[[Page 48146]]

steel and alloy steel, in coils, of approximately round cross section, 
less than 19.00 mm in actual solid cross-sectional diameter. Excluded 
from the scope are grade 1078 and higher tire cord quality wire rod to 
be used in the production of tire cord wire. Also, excluded from the 
scope are VSQ steel products which are defined as wire rod. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.\7\
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    \7\ Id.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Constructed export prices are calculated in 
accordance with section 772 of the Act. Normal value is calculated in 
accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is attached as an 
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, the Preliminary Decision 
Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    We preliminarily determine the following estimated weighted-average 
dumping margin exists for the period May 1, 2022, through April 30, 
2023:
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    \8\ In the 2020-2021 administrative review of the Order, we 
found that POSCO and POSCO International Corporation (PIC) are 
affiliated and should be treated as a single entity. See Carbon and 
Alloy Steel Wire Rod from the Republic of Korea: Preliminary Results 
of Antidumping Duty Administrative Review; 2020-2021, 87 FR 33468 
(June 2, 2022), and accompanying Preliminary Decision Memorandum, at 
5-10, unchanged in Carbon and Alloy Steel Wire Rod from the Republic 
of Korea: Final Results of Antidumping Duty Administrative Review; 
2020-2021 (October 4, 2022). In the absence of information 
demonstrating any changes, we are continuing to treat POSCO and PIC 
as a single entity for purpose of this administrative review.

------------------------------------------------------------------------
                                                       Weighted-average
                 Producer/exporter                      dumping margin
                                                          (percent)
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POSCO/POSCO International Corporation \8\..........                1.03
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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

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to the Assistant Secretary for Enforcement and Compliance not 
later than 30 days after the date of publication of this notice, unless 
Commerce alters the time limit. 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.\9\ Interested parties who submit case 
or rebuttal briefs in this proceeding must submit: (1) a table of 
contents listing each issue; and (2) a table of authorities.\10\
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    \9\ 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 Procedures).
    \10\ See 19 351.309(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 administrative 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.\11\ 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).\12\
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    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See APO and Service Procedures.
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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. An electronically filed document must be received successfully 
in its entirety via ACCESS by 5:00 p.m. Eastern Time within 30 days 
after the date of publication of this notice.\13\ 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. Commerce intends to issue the final results of 
this administrative review, including the results of its analysis of 
the issues raised in any written briefs, not later than 120 days after 
the date of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act, unless extended.
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    \13\ See 19 CFR 351.310(c).
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Assessment Rate

    Upon issuance 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.\14\ The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review and 
for future deposits of estimated duties, where applicable.\15\ 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).
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    \14\ See 19 CFR 351.212(b).
    \15\ See section 751(a)(2)(C) of the Act.
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    Pursuant to 19 CFR 351.212(b)(1), if POSCO'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 will calculate an importer-
specific ad valorem duty assessment rate based on the ratio of the 
total amount of dumping calculated for the U.S. sales for a given 
importer to the total entered value of those sales. If, in the final 
results, either POSCO's weighted-average dumping margin is zero or de 
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    For entries of subject merchandise during the POR produced by POSCO 
for

[[Page 48147]]

which it did not know that its merchandise was destined for the United 
States, we will instruct CBP to liquidate such unreviewed entries 
pursuant to the reseller policy,\16\ i.e., the assessment rate for such 
entries will be equal to the all-others rate established in the 
investigation (i.e., 41.10 percent), if there is no rate for the 
intermediate company(ies) involved in the transaction.
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    \16\ 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 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 POSCO will be 
equal to POSCO's weighted-average dumping margin 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 previously investigated companies not participating in this review, 
the cash deposit will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the company participated; (3) if the exporter is not a firm 
covered in this review, or the underlying investigation, but the 
producer is, then the cash deposit rate will be the rate established 
for the completed segment for the most recent POR for the producer of 
the merchandise; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 41.10 percent, the all-others rate 
established in the underlying investigation.\17\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \17\ See Order, 83 FR at 23419.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping 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 duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

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

    Dated: May 30, 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2024-12342 Filed 6-4-24; 8:45 am]
BILLING CODE 3510-DS-P