[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Pages 63079-63081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22053]
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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 and
Rescission of Administrative Review, in Part; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
producer/exporter individually examined in this administrative review
made sales of certain hot-rolled steel flat products (hot-rolled steel)
from the Republic of Korea (Korea) at less than normal value during the
period of review October 1, 2017 through September 30, 2018.
DATES: Applicable October 6, 2020.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
This review covers two producers and/or exporters of the subject
merchandise. Commerce selected one mandatory respondent for individual
examination: Hyundai Steel Company (Hyundai). We are rescinding the
review for the remaining producer/exporter which was not selected for
individual examination, POSCO and POSCO Daewoo Corporation
(collectively, POSCO). For further discussion, see the ``Rescission of
Review as to POSCO'' section of this notice.
On December 16, 2019, Commerce published the Preliminary
Results.\1\ On January 30, 2020, the petitioners \2\ and Hyundai each
timely filed a case brief.\3\ The petitioners and Hyundai each timely
filed a rebuttal brief on February 13, 2020.\4\
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\1\ See Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2017-2018, 84
FR 68407 (December 16, 2019) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
\2\ The petitioners are ArcelorMittal USA, LLC; AK Steel
Corporation; Nucor Corporation; Steel Dynamics, Inc.; SSAB
Enterprises, LLC; and United States Steel Corporation.
\3\ See Petitioners' Letter, ``Petitioners' Case Brief Regarding
Hyundai Steel,'' dated January 30, 2020; and Hyundai's Letter,
``Certain Hot-Rolled Steel Flat Products from the Republic of Korea,
2017-2018, Case No. A-580-883: Hyundai Steel's Case Brief,'' dated
January 30, 2020.
\4\ See Petitioners' Letter, ``Petitioners' Rebuttal Brief,''
dated February 13, 2020; and Hyundai's Letter, ``Certain Hot-Rolled
Steel Flat Products from the Republic of Korea, 2017-2018, Case No.
A-580-883: Hyundai Steel's Rebuttal Brief,'' dated February 13,
2020.
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On March 12, 2020, Commerce fully extended the deadline for the
final results of this review to June 12, 2020.\5\
[[Page 63080]]
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\6\ On July 21, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days.\7\ The deadline for
the final results of this review is now September 30, 2020. Commerce
conducted this administrative review in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act).
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\5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review, 2017-2018,'' dated March
12, 2020.
\6\ 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.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order
The merchandise subject to the order is certain hot-rolled steel
flat products.\8\ For a full description of the scope of this order,
see the Issues and Decision Memorandum.
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\8\ For a complete description of the scope of the order, see
Memorandum, ``Issues and Decision Memorandum for the Final Results
of the 2017-2018 Antidumping Duty Administrative Review of Certain
Hot-Rolled Steel Flat Products from the Republic of Korea, and
Rescission of Administrative Review, in Part'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Analysis of Comments Received
All issues raised by the parties in their case and rebuttal briefs
are listed in the appendix to this notice and are addressed in the
Issues and Decision Memorandum. 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). 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 directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
In the Preliminary Results, we determined that POSCO had ``no
shipments'' of subject merchandise. Further, we assigned a weighted-
average dumping margin to POSCO in error in the Preliminary Results.
For these final results, we are rescinding this review with respect to
POSCO because we find that, although POSCO had a shipment of subject
merchandise during the POR, POSCO did not have a reviewable sale during
the POR. As a result, we are not assigning POSCO a weighted-average
dumping margin in these final results of review.
Additionally, with respect to Hyundai, we made changes to the
margin program to eliminate the inadvertent double counting of costs in
the Preliminary Results. For discussion of these changes, see the
Issues and Decision Memorandum.
Rescission of Review as to POSCO
As noted in the Preliminary Results, we received a claim of ``no
reviewable entries, exports or sales'' from POSCO.\9\ In the
Preliminary Results, we preliminarily determined that POSCO had no
shipments during the POR. The petitioners and POSCO commented on our
preliminary determination of no shipments with respect to POSCO.\10\
For these final results, we find that POSCO had no reviewable sales
during this POR, and thus we are rescinding our review with respect to
POSCO for these final results. For further discussion, see Section V in
the Issues and Decision Memorandum.
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\9\ See POSCO's Letters, ``Hot-Rolled Steel from the Republic of
Korea, Case No. A-580-883: Comments on CBP Entry Documents,'' dated
February 18, 2020; and ``Certain Hot-Rolled Steel Flat Products from
South Korea, Case No. A-580-883: No Shipment Letter,'' dated January
10, 2019.
\10\ See Petitioners' Letter, ``Hot-Rolled Steel Flat Product
from the Republic of Korea--Petitioner's Comments on U.S. Customs
and Border Production Entry Documents,'' dated February 18, 2020;
and POSCO's Letter, ``Hot-Rolled Steel from the Republic of Korea,
Case No. A-580-883: Comments on CBP Entry Documents,'' dated
February 18, 2020.
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Final Results of the Review
We are assigning the following weighted-average dumping margin to
the firm listed below for the POR October 1, 2017 through September 30,
2018:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Hyundai Steel Company...................................... 0.89
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Disclosure
We will disclose to interested parties the calculations performed
in connection with these final results within five days of the
publication of this notice, consistent with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce will determine, 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.
For Hyundai, because its weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent), Commerce has
calculated importer-specific antidumping duty assessment rates. We
calculated importer-specific antidumping duty assessment rates by
aggregating the total amount of dumping calculated for the examined
sales of each importer and dividing each of these amounts by the total
sales value associated with those sales. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
where an importer-specific assessment rate is not zero or de minimis.
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate
without regard to antidumping duties any entries for which the
importer-specific assessment rate is zero or de minimis.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Hyundai, for which
Hyundai did not know that the merchandise 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.\11\
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\11\ 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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Because we are rescinding our review as to POSCO, we will instruct
CBP to liquidate merchandise entered, or withdrawn from warehouse, for
consumption during the POR at the cash deposit rate required at the
time of entry.
Commerce intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of 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 Hyundai will be the rate shown
above; (2) the cash deposit rate for POSCO will remain unchanged from
the rate assigned to it in the most recently completed review of that
company; (3) for merchandise exported by producers or exporters not
[[Page 63081]]
covered in this administrative review but covered in a prior segment of
this proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding; (4) if the exporter is not a firm covered in this review, a
previous review, or the original less-than-fair-value (LTFV)
investigation, but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (5) the
cash deposit rate for all other producers or exporters will continue to
be 5.55 percent, the all-others rate established in the LTFV
investigation.\12\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\12\ See Certain Hot-Rolled Steel Flat Products from the
Republic of Korea: Final Determination of Sales at Less Than Fair
Value, 81 FR 53419 (August 12, 2016).
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Notification to Importers
This notice serves as the only 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
In accordance with 19 CFR 351.305(a)(3), this notice also serves as
a reminder to parties subject to administrative protective order (APO)
of their responsibility concerning the return or destruction of
proprietary information disclosed under the APO, 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 subject to sanction.
Notification to Interested Parties
We are 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). Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\13\
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\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
Dated: September 30, 2020.
Jeffrey I. Kessler,
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. Rescission of Review as to POSCO
VI. Discussion of the Issues
Comment 1: Whether and How a Cost-Based Particular Market
Situation (PMS) Exists
Comment 2: Whether Commerce Has the Statutory Authority To
Adjust the Cost of Production
Comment 3: Calculating the PMS Adjustment
Comment 4: Steel Quality Code ``43''
Comment 5: Hyundai Corporation USA's Indirect Selling Expense
Ratio
Comment 6: Rate Assigned for POSCO
Comment 7: Double Deduction of U.S. Packing and Inventory
Carrying Costs
VII. Recommendation
[FR Doc. 2020-22053 Filed 10-5-20; 8:45 am]
BILLING CODE 3510-DS-P