[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Pages 45165-45167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16200]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-887]
Carbon and Alloy Steel Cut-to-Length Plate from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review;
2018-2019 and Partial Rescission of Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on carbon and alloy
steel cut-to-length plate from the Republic of Korea. The period of
review (POR) is May 1, 2018, through April 30, 2019. The review covers
one producer/exporter of the subject merchandise, POSCO/POSCO
International Corporation (successor in interest to POSCO Daewoo
Corporation)/POSCO Processing & Service Co., Ltd. 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 July 27, 2020.
FOR FURTHER INFORMATION CONTACT: Michael Bowen 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) 482-0768 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 15, 2019, based on a timely request for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on certain carbon and alloy steel
cut-to-length plate from the Republic of Korea \1\ for twelve
companies.\2\ On September 4, 2019, we selected POSCO/POSCO Daewoo
Corporation \3\/POSCO Processing & Service Co., Ltd. for individual
examination as the sole mandatory respondent in this administrative
review.\4\ Additionally, on October 9, 2019 the petitioners withdrew
their request for review of all companies except for this entity.\5\
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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, 84 FR 33739 (July 15, 2019) (Initiation
Notice).
\3\ Based on the record evidence in this review, we are
preliminarily finding POSCO International Corporation to be the
successor in interest to POSCO Daewoo Corporation. For a full
discussion of the proprietary details of Commerce's analysis
regarding the successor-in-interest finding, see Memorandum,
``Certain Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea: POSCO Affiliation and Collapsing Memorandum,''
dated concurrently with this memorandum (Affiliation and Collapsing
Memorandum).
\4\ See Memorandum, ``2018-2019 Administrative Review of Carbon
and Alloy Steel Cut-to-Length Plate from the Republic of Korea:
Respondent Selection,'' dated September 4, 2019.
\5\ See Petitioners' Letter, ``Carbon and Alloy Steel Cut-To-
Length Plate from the Republic of Korea--Petitioners' Partial
Withdrawal of Administrative Review Request,'' dated October 9,
2019.
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In December 2019, we extended the deadline for these preliminary
results until May 29, 2020.\6\ On April 24, 2020,
[[Page 45166]]
Commerce tolled all deadlines in administrative reviews by 50 days,
thereby extending the deadline for these preliminary results until July
20, 2020.\7\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
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\6\ See Memorandum, ``Carbon and Alloy Steel Cut-To-Length Plate
from the Republic of Korea: Extension of the Deadline for
Preliminary Results of the Antidumping Duty Administrative Review;
2018-2019,'' dated December 31, 2019.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\8\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review; 2018-2019:
Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic
of Korea,'' 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 Carbon and Alloy Steel Cut-
to-Length Plate. For a complete description of the subject merchandise,
please see the Preliminary Decision Memorandum. 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 item numbers: 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, 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.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
a review withdraws its request within 90 days of the date of
publication of the notice of initiation. We initiated a review of 12
companies for this segment of the proceeding and published notice of
the initiation on July 15, 2019.\9\ All requests for review of the
following producers/exporters were timely withdrawn: Buma Ce Co., Ltd.,
Dong Yang Steel Pipe Co., Ltd., Dongkuk Steel Mill Co., Ltd.,
Expeditors Korea Ltd., Haem Co., Ltd., Hyundai Glovis Co., Ltd.,
Hyundai Steel Company, J.I. Sea & Air Express Co., Ltd., Maxpeed Co.,
Ltd., Ramses Logistics Co., Ltd., and Sumitomo Corp. Korea Ltd.\10\
Accordingly, Commerce is rescinding the administrative review with
respect to these eleven companies, in accordance with 19 CFR
351.213(d)(1). The review will continue with respect to the POSCO
single entity.\11\
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\9\ See Initiation Notice.
\10\ See Petitioners' Letter, ``Carbon and Alloy Steel Cut-To-
Length Plate from the Republic of Korea--Petitioners' Partial
Withdrawal of Administrative Review Request,'' dated October 9,
2019.
\11\ Commerce preliminarily determines that POSCO, POSCO
International Corporation (successor in interest to POSCO Daewoo
Corporation), POSCO Processing & Service Co., Ltd., and certain
distributors and service centers (Taechang Steel Co., Ltd., Winsteel
Co., Ltd., Moonbae Steel Co., Ltd., Dae Dong Steel Co., Ltd.,
Shinjin Esco Co., Ltd., Shilla Steel Co., Ltd., and POSCO Plate
Fabricating Division) are affiliated pursuant to section 771(33)(E)
of the Act, and that these companies should be treated as a single
entity (collectively, the POSCO single entity) pursuant to 19 CFR
351.401(f). Our collapsing determination with respect to Moonbae
Steel Co., Ltd. and Dae Dong Steel Co., Ltd. relates only to the
portion of the POR during which these companies were affiliated with
POSCO, i.e., from May 1, 2018 to July 2, 2018, and from May 1, 2018
to June 20, 2018, respectively. See Affiliation and Collapsing
Memorandum.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) 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, dated
concurrently with these results and hereby adopted by 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 http://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed at http://enforcement.trade.gov/frn/index.html. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix to this notice.
Preliminary Results of the Review
We preliminarily find that a weighted-average dumping margin of
zero percent exists for the POSCO single entity for the period May 1,
2018 through April 30, 2019.\12\ Therefore, Commerce preliminarily
determines that the POSCO single entity did not make sales of subject
merchandise at prices below NV during the POR.
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\12\ See Preliminary Decision Memorandum
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b).
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\13\ 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.\14\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities. Case and rebuttal
briefs should be filed using ACCESS.\15\
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\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
are in effect).'').
\15\ See 19 CFR 351.303.
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All submissions to Commerce must be filed electronically using
ACCESS and must also be served on interested parties.\16\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the document is due. Note that Commerce
has temporarily modified certain of its
[[Page 45167]]
requirements for serving documents containing business proprietary
information, until further notice.\17\
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\16\ See 19 CFR 351.303(f).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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. \18\ 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 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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\18\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) 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 briefs, not
later than 120 days after the date of publication of this notice.\19\
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\19\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon publication of the final results of this administrative
review, Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review.\20\
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\20\ See 19 CFR 351.212(b)(1).
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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 duty
assessment rates based on the ratio of the total amount of dumping
calculated for the examined sales to the total entered value of such
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 importer's examined
sales and the total quantity of those sales, in accordance with 19 CFR
351.212(b)(1).\21\ We will also calculate (estimated) ad valorem
importer-specific assessment rates with which to assess 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 either the respondent's weighted-average dumping margin is not
zero or de minimis or 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,\22\ we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
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\21\ 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).
\22\ See 19 CFR 351.106(c)(2).
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by the POSCO single entity 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. In such instances, 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.\23\
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\23\ 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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We intend to issue instructions to CBP 15 days after the date of
publication of the final results of this review.
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 the rate 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 0.5 percent), in which
case the cash deposit rate will be zero; (2) for merchandise exported
by producers or exporters not covered in this review but covered in a
prior 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 original investigation, but the producer is, then
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 or exporters will
continue to be 7.39 percent, the all-others rate established in the
less-than-fair-value investigation.\24\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\24\ See Order.
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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)(2) 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 the Secretary'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: July 20, 2020.
Jeffrey I. Kessler,
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. Affiliation and Collapsing
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2020-16200 Filed 7-24-20; 8:45 am]
BILLING CODE 3510-DS-P