[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Notices]
[Pages 65596-65598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17911]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-878]


Certain Corrosion-Resistant Steel Products 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 
determines that certain corrosion-resistant steel products (CORE) from 
the Republic of Korea (Korea) were sold in the United States at less 
than normal value (NV) during the period of review (POR), July 1, 2022, 
through June 30, 2023. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable August 12, 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 25, 2016, Commerce published in the Federal Register the 
antidumping duty order on CORE from Korea.\1\ Based on a timely request 
for review, and in accordance with 19 CFR 351.221(c)(1)(i), Commerce 
initiated this administrative review on September 29, 2023.\2\ This 
review covers 13 companies,\3\ of which we selected Dongkuk Coated 
Metal Co., Ltd. (Dongkuk) and Hyundai Steel Company (Hyundai) as 
mandatory respondents.\4\
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    \1\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016) (Order); and Certain Corrosion-Resistant Steel Products from 
India, Italy, the People's Republic of China, the Republic of Korea, 
and Taiwan: Notice of Correction to the Antidumping Duty Orders, 81 
FR 58475 (August 25, 2016).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 62326 (September 11, 2023).
    \3\ The 13 companies are: Dongbu Incheon Steel Co., Ltd.; 
Dongkuk; Dongkuk International, Inc.; Dongkuk Steel Mill Co., Ltd.; 
Hyundai; KG Steel Corporation; KG Dongbu Steel Co., Ltd.; POSCO; 
POSCO Coated & Color Steel Co., Ltd.; POSCO International 
Corporation; POSCO STEELEON Co., Ltd.; SeAH Coated Metal 
Corporation; and SeAH Steel Corporation. We note that Commerce 
previously found that KG Steel Corporation is the successor-in-
interest to KG Dongbu Steel Co., Ltd. For further information, see 
Certain Cold-Rolled Steel Flat Products and Certain Corrosion-
Resistant Steel Products from the Republic of Korea: Final Results 
of Antidumping and Countervailing Duty Changed Circumstances 
Reviews, 87 FR 64013 (October 21, 2022).
    \4\ See Memorandum, ``Respondent Selection,'' dated January 11, 
2024.
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    On March 22, 2024, we extended the deadline for the preliminary 
results of this review until July 30, 2024.\5\ On July 22, 2024, 
Commerce tolled certain deadlines in this administrative proceeding by 
seven days.\6\ The deadline for the preliminary results is now August 
6, 2024. For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated 
March 22, 2024.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Corrosion-Resistant Steel Products 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 covered by the Order is CORE from Korea. The 
products subject to the Order are currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 
7210.49.0040, 7210.49.0045, 7210.49.0091, 7210.49.0095, 7210.61.0000, 
7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.6000, 
7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 
7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, and 
7212.60.0000.\8\
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    \8\ On July 26, 2021, Commerce added two additional HTSUS 
subheadings at the request of U.S. Customs and Border Protection. 
See Certain Corrosion-Resistant Steel Products from the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review; 
2019-2020, 86 FR 70111 (December 9, 2021).

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[[Page 65597]]

    The products subject to the Order may also enter under the 
following HTSUS subheadings: 7210.90.1000, 7215.90.1000, 7215.90.3000, 
7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 
7217.90.5030, 7217.90.5060, 7217.90.5090,
    7225.91.0000, 7225.92.0000, 7225.99.0090, 7226.99.0110, 
7226.99.0130, 7226.99.0180, 7228.60.6000, 7228.60.8000, and 
7229.90.1000. The HTSUS subheadings above are provided for convenience 
and customs purposes only. The written description of the scope of the 
Order is dispositive. For a complete description of the scope of the 
Order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act). 
Export price and constructed export price are 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. 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, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
antidumping duty investigation, for guidance when calculating the rate 
for companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    Consistent with section 735(c)(5)(A) of the Act, we determined the 
weighted-average dumping margin for each of the non-selected companies 
by using the weighted-average dumping margins calculated for Dongkuk in 
this administrative review.

Preliminary Results

    We preliminarily determine the following weighted-average dumping 
margins for the period July 1, 2022, through June 30, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Dongbu Incheon Steel Co., Ltd..............................         1.74
Dongkuk Coated Metal Co., Ltd..............................         1.74
Dongkuk International, Inc.................................         1.74
Dongkuk Steel Mill Co., Ltd................................         1.74
Hyundai Steel Company......................................         0.00
KG Steel Corporation; KG Dongbu Steel Co., Ltd.............         1.74
POSCO......................................................         1.74
POSCO Coated & Color Steel Co., Ltd........................         1.74
POSCO International Corporation............................         1.74
POSCO STEELEON Co., Ltd....................................         1.74
SeAH Coated Metal Corporation..............................         1.74
SeAH Steel Corporation.....................................         1.74
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 Disclosure and Public Comment

    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).
    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. 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 briefs 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 Final Rule).
    \10\ 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.\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 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 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 by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice. 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. If a 
request for a hearing is made, we will inform parties of the scheduled 
date for the hearing at a time and location to be determined.\13\ 
Parties should confirm by telephone the date, time, and location of the 
hearing no fewer than two days before the scheduled date.
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    \13\ See 19 CFR 351.310.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. For any individually 
examined respondent whose weighted-average dumping margin is not zero 
or de minimis (i.e., less than 0.5 percent) in

[[Page 65598]]

the final results of this review and the respondent reported entered 
values, we will calculate importer-specific ad valorem assessment rates 
for the merchandise based on the ratio of the total amount of dumping 
calculated for the examined sales made during the POR to each importer 
and the total entered value of those same sales, in accordance with 19 
CFR 351.212(b)(1). If the respondent has not reported entered values, 
we will calculate a per-unit assessment rate for each importer by 
dividing the total amount of dumping calculated for the examined sales 
made to that importer by the total quantity associated with those 
transactions. To determine whether an importer-specific, per-unit 
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2), 
we also will calculate an importer-specific ad valorem ratio based on 
estimated entered values.
    Where an importer-specific ad valorem assessment rate is zero or de 
minimis in the final results of review, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties 
in accordance with 19 CFR 351.106(c)(2). If a respondent's weighted-
average dumping margin is zero or de minimis in the final results of 
review, we will instruct CBP not to assess duties on any of its entries 
without regard to antidumping duties.\14\
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    \14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by any of 
the above-referenced respondents for which they did not know that the 
merchandise was destined for the United States, we will instruct CBP to 
liquidate those entries at the all-others rate in the original less-
than-fair-value (LTFV) investigation (as amended) \15\ if there is no 
rate for the intermediate company(ies) involved in the transaction.\16\
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    \15\ See Order; see also Certain Corrosion-Resistant Steel 
Products from the Republic of Korea: Notice of Court Decision Not in 
Harmony with Final Determination of Investigation and Notice of 
Amended Final Results, 83 FR 39054 (August 8, 2018) (Timken and 
Amended Final Results).
    \16\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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 deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
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 each specific company 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 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 most recent segment for the producer of the merchandise; and 
(4) the cash deposit rate for all other producers and exporters will 
continue to be 8.31 percent, the all-others rate established in the 
LTFV investigation (as amended).\17\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \17\ See Order, as amended by Timken and Amended Final Results.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results 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 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 
increase in the amount of 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: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

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. 2024-17911 Filed 8-9-24; 8:45 am]
BILLING CODE 3510-DS-P