[Federal Register Volume 90, Number 62 (Wednesday, April 2, 2025)]
[Notices]
[Pages 14434-14436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05640]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Final 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) determines that
producers and exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR) October 1, 2022, through September 30, 2023.
DATES: Applicable April 2, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Bryan Hansen, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0410 or (202) 482-3683,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2024, Commerce published in the Federal Register
the preliminary results of this administrative review of the
antidumping duty order \1\ on certain hot-rolled steel flat products
(hot-rolled steel) from the Republic of Korea (Korea), rescinded the
administrative review of 46 companies and invited comments from
interested parties.\2\ This review covers two producers/exporters of
the subject merchandise, Hyundai Steel Company (Hyundai Steel) and
POSCO and POSCO International Corporation (PIC) (collectively POSCO/
PIC).\3\
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\1\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
\2\ See Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Preliminary Results and Rescission, in Part, of
Antidumping Duty Administrative Review; 2022-2023, 89 FR 89588
(November 13, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\3\ As we did in the previous segments of this proceeding and
the Preliminary Results, we continue to treat POSCO and PIC as a
single entity for the final results of this review. See Certain Hot-
Rolled Steel Flat Products from the Republic of Korea: Final Results
of Antidumping Duty Administrative Review and Final Determination of
No Shipments; 2021-2022, 88 FR 55665, 55666 n.7 (August 16, 2023);
see also Preliminary Results, 89 FR at 89589 n.9.
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On December 9, 2024, Commerce tolled the deadline to issue the
final results of review until June 11, 2025.\4\ From December 9, 2024,
through December 13, 2024, Commerce verified POSCO/PIC's home-market
sales and certain U.S. expenses.\5\ A summary of the events that
occurred since the Preliminary Results, as well as a full discussion of
the issues raised by parties for these final results, are discussed in
the Issues and Decision Memorandum.\6\ Commerce conducted this review
in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\5\ See Memorandum, ``Verification of the Questionnaire
Responses of POSCO and POSCO International Corporation,'' dated
December 17, 2024.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review of Certain
Hot-Rolled Steel Flat Products from the Republic of Korea; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order
The products covered by the Order are hot-rolled steel. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.\7\
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\7\ Id.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this administrative review are addressed in the Issues and Decision
Memorandum and listed in the Appendix to this notice. The Issues and
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).
[[Page 14435]]
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on the comments received from interested parties regarding
our Preliminary Results, and for the reasons explained in the Issues
and Decision Memorandum, we made certain changes for the final results
of review.
Final Results of Review
We determine that the following estimated weighted-average dumping
margins exist for the period October 1, 2022, through September 30,
2023:
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Weighted-average
Producer/exporter dumping margin
(percent)
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Hyundai Steel Company................................ 0.89
POSCO; POSCO International Corporation............... 2.27
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Disclosure
We intend to disclose the calculations performed in connection with
these final results of review to interested parties in this review
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Because Hyundai Steel's and POSCO/PIC's weighted-average dumping
margins are not zero or de minimis (i.e., less than 0.5 percent) in the
final results of this review, we calculated an importer-specific
assessment rate based on the ratio of the total amount of dumping
calculated for each importer's examined sales and the total entered
value of those same sales in accordance with 19 CFR 351.212(b)(1).\8\
Where an importer-specific assessment rate is zero or de minimis (i.e.,
less than 0.5 percent), the entries by that importer will be liquidated
without regard to antidumping duties. The final results of this
administrative 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 deposits of estimated duties,
where applicable.\9\
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\8\ In these final 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 Duty Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
\9\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
either of the individually examined respondents for which it 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.\10\
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\10\ 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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of hot-rolled steel from Korea entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2) of the Act: (1) the cash deposit rates for the
companies subject to this review will be equal to the company-specific
weighted-average dumping margins established in the final results of
the review; (2) for merchandise exported by companies 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, a prior review, or
the investigation, but the producer has been covered in a prior
completed segment of this proceeding, then the cash deposit rate will
be the rate established in the completed segment for the most recent
period for the producer of the merchandise; (4) the cash deposit rate
for all other producers or exporters will continue to be 6.05 percent,
the all-others rate established in the investigation.\11\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\11\ See Order, 81 FR at 67963, 67965.
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Notification to Importers
This notice serves as a final 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 the 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 an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
the APO in accordance with 19 CFR 351.305(a)(3), which continues to
govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: March 27, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: POSCO/PIC's Billing Adjustments
Comment 2: POSCO/PIC's Early Payment Discounts and Indirect
Selling Expenses
Comment 3: POSCO/PIC's Variable Cost of Manufacturing
[[Page 14436]]
Comment 4: Identification of Hyundai Steel
VI. Recommendation
[FR Doc. 2025-05640 Filed 4-1-25; 8:45 am]
BILLING CODE 3510-DS-P