[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48389-48391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12348]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-887]


Certain Carbon and Alloy Steel Cut-to-Length Plate 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) is conducting an 
administrative review of the antidumping duty order on certain carbon 
and alloy steel cut-to-length plate (CTL plate) from the Republic of 
Korea (Korea). The period of review (POR) is May 1, 2022, through April 
30, 2023. The review covers one producer and/or exporter of the subject 
merchandise, POSCO, POSCO International Corporation, and its affiliated 
companies (collectively, the POSCO single entity). We preliminarily 
determine that sales of subject merchandise by the POSCO single entity 
were not made at prices below normal value (NV). Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable June 6, 2024.

FOR FURTHER INFORMATION CONTACT: Jaron Moore or William Horn, 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) 482-3640 or (202) 
482-4868, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 12, 2023, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we published the initiation of 
an administrative review of the antidumping duty order on CTL plate 
from Korea \1\ produced and/or exported by POSCO.\2\ Pursuant to 
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), 
on we extended the deadline for the preliminary results of this review 
until no later than May 30, 2024.\3\
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    \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
Austria, Belgium, France, the Federal Republic of Germany, Italy, 
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative 
Antidumping Determinations for France, the Federal Republic of 
Germany, the Republic of Korea and Taiwan, and Antidumping Duty 
Orders, 82 FR 24096 (May 25, 2017) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administration Reviews, 88 FR 44262 (July 12, 2023).
    \3\ See Memorandum, ``Extension of Deadline for the Preliminary 
Results of the 2022-2023 Antidumping Duty Administrative Review,'' 
dated January 10, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of the 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, a complete 
version of the Preliminary Decision Memorandum can be accessed at 
https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Carbon and Alloy Steel Cut-To-Length Plate from the 
Republic of Korea; 2022-2023,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is CTL plate. The product is 
currently classified under the Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings 7208.40.3030, 7208.40.3060, 7208.51.0030, 
7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 
7226.20.0000, and 7226.91.5000.
    The products subject to the Order may also enter under the 
following HTSUS subheadings: 7208.40.6060, 7208.53.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500, 
7211.19.6000, 7211.19.7590, 7211.90.0000,

[[Page 48390]]

7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.10.000, 7214.30.0010, 
7214.30.0080, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7225.11.0000, 
7225.19.0000, 7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000, 
7225.99.0010, 7225.99.0090, 7206.11.1000, 7226.11.9060, 7229.19.1000, 
7226.19.9000, 7226.91.0500, 7226.91.1530, 7226.91.1560, 7226.91.2530, 
7226.91.2560, 7226.91.7000, 7226.91.8000, and 7226.99.0180. The HTSUS 
subheadings are provided for convenience and customs purposes only; the 
written product description of the scope of the Order is dispositive.
    For a complete description of the merchandise subject to the Order, 
see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) and (2) of the Act. Constructed export price 
is calculated in accordance with section 772 of the Act. NV 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.

Preliminary Results of the Review

    We are assigning the following weighted-average dumping margin to 
the company listed below for the period May 1, 2022, through April 30, 
2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
POSCO single entity \5\.....................................     * 0.00
------------------------------------------------------------------------
De minimis.

Disclosure and Public Comment
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    \5\ Commerce continues to find that POSCO, POSCO International 
Corporation, POSCO MS, and certain distributors and service centers 
(i.e., Taechang Steel Co., Ltd. and Winsteel Co., Ltd.) are 
affiliated pursuant to section 771(33)(E) of the Act, and further 
that these companies should be treated as a single entity 
(collectively, the POSCO single entity) pursuant to 19 CFR 
351.401(f). See Preliminary Results PDM at 1.
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    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties with an 
administrative protective order within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\6\ A timeline for 
the submission of case briefs and written comments will be notified to 
interested parties at a later date. 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.\7\ 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.\8\ Case 
and rebuttal briefs should be filed using ACCESS.
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    \6\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for 
general filing requirements.
    \7\ 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).
    \8\ 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 briefs 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.\9\ 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).\10\
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    \9\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \10\ 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, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Final Results of Review

    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 issues raised in any written comments, not later than 120 
days after the date of publication of this notice.

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon for the final results.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of this administrative 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).
    Commerce will calculate importer-specific antidumping duty 
assessment rates when a respondent's weighted-average dumping margin is 
not zero or de minimis (i.e., less than 0.5 percent). Pursuant to 19 
CFR 351.212(b)(1), where the respondent reported the entered value of 
its U.S. sales, we will calculate importer-specific ad valorem 
antidumping duty assessment rates based on the ratio of the total 
amount of dumping calculated for the examined sales to each importer to 
the total entered value of those sales. Where the respondent did not 
report entered value, we will calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for the examined sales to each importer to the total 
quantity of those sales.\11\ We will also calculate an estimated ad 
valorem importer-specific assessment rate with which to assess

[[Page 48391]]

whether the per-unit assessment rate is de minimis. We will instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review when the importer-specific ad valorem assessment rate 
calculated in the final results of this review is not zero or de 
minimis. Where either the respondent's ad valorem weighted-average 
dumping margin is zero or de minimis, or an importer-specific ad 
valorem assessment rate is zero or de minimis,\12\ we will instruct CBP 
to liquidate the appropriate entries without regard to antidumping 
duties.
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    \11\ 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 Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \12\ See 19 CFR 351.106(c)(2).
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    For entries of subject merchandise during the POR produced by the 
POSCO single entity for which the POSCO single entity did not know that 
the merchandise it sold to the intermediary (e.g., a reseller, trading 
company, or exporter) was destined for the United States, we will 
instruct CBP to liquidate unreviewed entries at the all-others rate if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\13\
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    \13\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    The final results of this 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 cash deposits of 
estimated antidumping duties, where applicable.\14\
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    \14\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate 
for the POSCO single entity will be equal to the weighted-average 
dumping margin established in the final results of this review, except 
if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1) 
(i.e., less than 0.50 percent), in which case the cash deposit rate 
will be zero; (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 for the most recently-completed segment; (3) if the exporter 
is not a firm covered in this review, a prior review, or the less-than-
fair-value 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; and (4) the cash deposit rate for 
all other producers and exporters will continue to be 7.10 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\15\
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    \15\ See Order.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also 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 the Secretary'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 the antidumping duties by 
the amount of the countervailing 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. 2024-12348 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P