[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64122-64124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22433]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Final Results of Countervailing Duty Administrative Review, 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Hyundai
Steel Co., Ltd. (Hyundai Steel), a producer/exporter of certain hot-
rolled steel flat products (hot-rolled steel) from the Republic of
Korea (Korea), received countervailable subsidies that are above de
minimis. The period of review (POR) is January 1, 2017 through December
31, 2017.
DATES: Applicable October 9, 2020.
FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office
V, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401
[[Page 64123]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0176.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on
December 12, 2019.\1\ In addition, Commerce issued a post-preliminary
determination related to an upstream subsidy allegation on electricity
on March 11, 2020.\2\
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\1\ See Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Preliminary Results of Countervailing Duty Administrative
Review, 2017, 84 FR 67927 (December 12, 2019) (Preliminary Results),
and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Post-Preliminary Analysis Memorandum--
Upstream Subsidy on Electricity,'' dated March 11, 2020.
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On March 19, 2020, we postponed the final results of this review
until June 9, 2020.\3\ On April 24, 2020, Commerce tolled all deadlines
in administrative reviews by 50 days.\4\ On July 21, 2020, Commerce
tolled all deadlines in administrative reviews by an additional 60
days, thereby extending the deadline for these final results until
September 28, 2020.\5\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\6\
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\3\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Final Results
of Countervailing Duty Administrative Review, 2017,'' dated March
19, 2020.
\4\ See Memorandum to the Record from Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance, ``Tolling of
Deadlines for Antidumping and Countervailing Duty Administrative
Reviews in Response to Operational Adjustments Due to COVID-19,''
dated April 24, 2020.
\5\ See Memorandum to the Record from Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance, ``Tolling of
Deadlines for Antidumping and Countervailing Duty Administrative
Reviews'' dated July 21, 2020. All deadlines in this segment of the
proceeding have been extended by an additional 60 days.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Countervailing
Duty Order on Certain Hot-Rolled Steel Flat Products from the
Republic of Korea; 2017,'' 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 this order are hot-rolled steel flat
products. For a complete description of the scope of the order, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised by
interested parties and to which we responded in the Issues and Decision
Memorandum is provided 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). ACCESS is available to
registered users at http://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 the
electronic versions of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on the comments received from interested parties and record
information, we have made changes to the subsidy calculations for
Hyundai Steel. For a discussion of these issues, see the Issues and
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a financial contribution from a government or public
entity that gives rise to a benefit to the recipient, and that the
subsidy is specific.\7\ For a full description of the methodology
underlying our conclusions, see the Issues and Decision Memorandum.
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\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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In making these findings, Commerce relied, in part, on facts
available, pursuant to sections 776(a) and (b) of the Act. For further
information, see ``Use of Facts Otherwise Available'' in the Issues and
Decision Memorandum.
Final Results of Administrative Review
In accordance with section 751(a)(1)(A) of the Act and 19 CFR
351.221(b)(5), we determine the total estimated net countervailable
subsidy rates for the period January 1, 2017 through December 31, 2017
to be as follows:
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Subsidy rate
Company (percent ad
valorem)
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Hyundai Steel Co., Ltd................................. 0.51
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Disclosure
Commerce will disclose the calculations performed for these final
results within five days of the date of publication of this notice to
parties in this proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rate
In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue
appropriate assessment instructions to U.S. Customs and Border
Protection (CBP) 15 days after publication of these final results. We
will instruct CBP to liquidate shipments of subject merchandise
produced and/or exported by Hyundai Steel, entered or withdrawn from
warehouse for consumption from January 1, 2017 through December 31,
2017, at the ad valorem rate listed above.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, we intend to
instruct CBP to collect cash deposits of estimated countervailing
duties, in the amount shown above, on shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review. For all non-
reviewed firms, CBP will continue to collect cash deposits of estimated
countervailing duties at the most recent company-specific or all others
rate applicable to the company, as appropriate. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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 return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
proceeding. Timely written notification of the return/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
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
[[Page 64124]]
Dated: September 28, 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. Changes Since the Preliminary Results
IV. Scope of the Order
V. Period of Review
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Discussion of Comments
Comment 1: Whether the Electricity for Less Than Adequate
Remuneration Upstream Subsidy Allegation Confers a Benefit
Comment 2: Whether the Subsidy Rate for Industrial Technology
Innovation Promotion Act Grants Was Improperly Calculated
Comment 3: Whether the Tax Programs Under the Restriction of
Special Location Taxation Act and Restriction of Special Taxation
Act Meet the Specificity Requirement
Comment 4: Whether the Trading of Demand Response Resources
Program is Countervailable
Comment 5: Whether the Modal Shift Program Confers a
Countervailable Benefit
Comment 6: Whether Commerce Correctly Measured the Benefit for
Port Usage Rights at Incheon Harbor
Comment 7: Whether the Suncheon Harbor Usage Fee Exemptions
Under the Harbor Act Are Countervailable
Comment 8: Whether Hyundai Green Power is Hyundai Steel's Cross-
Owned Input Supplier and Received Countervailable Benefits
X. Recommendation
[FR Doc. 2020-22433 Filed 10-8-20; 8:45 am]
BILLING CODE 3510-DS-P