[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Notices]
[Pages 6871-6873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01496]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review;
2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Hyundai Steel Company (Hyundai) and POSCO/POSCO International
Corporation (PIC), the two companies selected for individual
examination, did not sell certain cold-rolled steel flat products
(cold-rolled steel) from the Republic of Korea (Korea) in the United
States at prices below normal value during the period of review (POR)
September 1, 2018 through August 31, 2019. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable January 25, 2021.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, George McMahon, or
Marc Castillo, AD/CVD Operations, Office VI, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-4475, (202) 482-1167, or (202) 482-5019, respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results are made in accordance with section 751
of the Tariff Act of 1930, as amended (the Act). On November 12, 2019,
based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the
antidumping duty order on cold-rolled steel from Korea for 38
companies.\1\ Commerce selected Hyundai and POSCO/POSCO International
Corporation (hereafter, POSCO/PIC) \2\ as the two mandatory respondents
in this review.\3\ On February 5, 2020, the petitioners \4\ withdrew
their request for review of all companies except for Dongbu Incheon
Steel Co., Ltd., Dongbu Steel Co., Ltd., Hyundai, POSCO, PDW, and
PIC.\5\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011 (November 12, 2019) (Initiation
Notice).
\2\ POSCO reported that the company formerly known as Daewoo
International Corporation (DWI) and POSCO Daewoo (PDW) now does
business as PIC. See POSCO/PDW's Letter, ``Cold-Rolled Steel Flat
Products from the Republic of Korea; 2018-2019: POSCO's Respondent
Selection Comments,'' dated December 11, 2019, at 2-3. In its
questionnaire response, POSCO subsequently reported that PDW became
PIC on March 18, 2019. See POSCO Section A Initial Questionnaire
Response, dated February 18, 2020 at 1 and A-1. Based on our
analysis in the instant review, we are preliminarily collapsing
POSCO and PIC, which we find to be the successor-in-interest to PDW.
See Memorandum, ``Third Administrative Review of Cold-Rolled Steel
Flat Products from the Republic of Korea: POSCO and POSCO
International Corporation Affiliation and Collapsing Memorandum,''
dated concurrently with these preliminary results. Accordingly,
hereafter we refer to the collapsed entity as ``POSCO/PIC.''
\3\ See Memorandum, ``2018-2019 Administrative Review of Cold-
Rolled Steel Flat Products from the Republic of Korea: Respondent
Selection,'' dated January 15, 2020.
\4\ The petitioners are ArcelorMittal USA LLC, AK Steel
Corporation, Nucor Corporation, Steel Dynamics, Inc., and United
States Steel Corporation (collectively, the petitioners).
\5\ See Petitioners' Letter, ``Cold-Rolled Steel Flat Products
from the Republic of Korea: Petitioners' Partial Withdrawal of
Request for Review,'' dated February 5, 2020.
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\6\ On July 20, 2020, Commerce extended the deadline
for the preliminary results by 100 days, in accordance with
751(a)(3)(A) of the Act.\7\ On July 21, 2020, Commerce tolled all
deadlines in administrative reviews by an additional 60 days.\8\ On
December 3, 2020, in accordance with section 751(a)(3)(A) of the Act,
Commerce extended the preliminary results of
[[Page 6872]]
review by an additional 18 days, until January 15, 2021.\9\
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\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, ``Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 20,
2020.
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\9\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2018-2019 Antidumping Duty Administrative Review'' dated
December 3, 2020.
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On October 7, 2020, Commerce published a notice in the Federal
Register partially rescinding the instant administrative review of 32
companies based on the petitioners' timely withdrawal of their requests
for review of those companies.\10\ The administrative review will
continue with respect to KG Dongbu Steel,\11\ Hyundai, and POSCO/PIC.
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\10\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Partial Rescission of Antidumping Duty
Administrative Review; 2018-2019, 85 FR 63253 (October 7, 2020).
\11\ See Certain Cold-Rolled Steel Flat Products and Certain
Corrosion-Resistant Steel Products from the Republic of Korea:
Preliminary Results of Antidumping Duty and Countervailing Duty
Changed Circumstance Reviews, 86 FR 287 (January 5, 2021). Commerce
preliminary determined that KG Dongbu Steel Co., Ltd. (KG Dongbu
Steel) is the successor-in-interest to Dongbu Steel Co., Ltd.
(Dongbu Steel) and Dongbu Incheon Steel Co., Ltd. (Dongbu Incheon)
for purposes of determining antidumping duty (AD) cash deposits and
liabilities pursuant to the AD orders on certain cold-rolled steel
and certain corrosion resistant steel products (CORE) from Korea.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\12\ A list of topics discussed in the Preliminary Decision
Memorandum is included 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 http://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\12\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Certain Cold
Rolled Steel Flat Products from the Republic of Korea; 2018-2019,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order \13\ is cold-rolled steel from
Korea. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
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\13\ See Certain Cold Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20,
2016) (Order).
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Methodology
Commerce is conducting this review in accordance with sections
751(a) of the Act. Commerce has calculated constructed export prices in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act. Commerce preliminarily finds
that a cost-based particular market situation (PMS) existed in Korea
during the POR concerning the cost of hot-rolled coil (HRC) as a
component of the cost of production for the cold-rolled steel that
Hyundai Steel and POSCO/PIC produced.\14\ Specifically, we quantified
the impact of the PMS on the material cost of HRC, and derived a
corresponding adjustment factor that, when applied to the cost of HRC,
accounts for the distortions induced by the observed PMS.\15\ For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
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\14\ For a complete discussion, see Memorandum, ``2018-2019
Administrative Review of Antidumping Duty Order on Certain Cold
Rolled Steel Flat Products from the Republic of Korea: Decisions on
Particular Market Situation Allegations,'' dated concurrently with
this notice (PMS Memorandum).
\15\ See PMS Memorandum.
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Rate for Non-Examined Company
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 a market
economy 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
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we preliminarily calculated a zero percent dumping
margin for Hyundai and POSCO/PIC and have assigned this rate (i.e.,
0.00 percent) to the company not individually examined (i.e., KG Dongbu
Steel Co., Ltd.).\16\
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\16\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
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Preliminary Results of Review
Commerce preliminarily determines that, for the period September 1,
2018 through August 31, 2019, the following weighted-average dumping
margins exist:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Hyundai Steel Company....................................... 0.00
POSCO/POSCO International Corporation....................... 0.00
KG Dongbu Steel Co., Ltd.................................... 0.00
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Disclosure, Public Comment, and Opportunity To Request a Hearing
We intend to disclose the calculations performed for these
preliminary results of review within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties
may submit case briefs no later than 30 days after the date of
publication of this notice. Rebuttal briefs, the content of which is
limited to issues raised in the case briefs, may be filed no later than
seven days after the date for filing case briefs.\17\ Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\18\
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\17\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\18\ See 19 CFR 351.303 (for general filing requirements); see
also Temporary Rule.
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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.\19\ Case and rebuttal briefs should be filed using ACCESS
\20\ and must be served on interested parties.\21\ Executive summaries
should be limited to five pages total, including footnotes.
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\19\ See 19 CFR 351.309(c)(2) and (d)(2).
\20\ See generally 19 CFR 351.303.
\21\ See 19 CFR 351.303(f).
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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
Commerce's electronic records system, ACCESS. An electronically filed
request
[[Page 6873]]
must be received successfully in its entirety by 5:00 p.m. Eastern Time
within 30 days of the date of publication of this notice.\22\ Requests
should contain: (1) The party's name, address and telephone number; (2)
the number of participants; and (3) a list of issues parties intend to
discuss. 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 date and time to be
determined.\23\ Parties should confirm the date, time, and location of
the hearing two days before the scheduled date.
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\22\ See 19 CFR 351.310(c).
\23\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\24\
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\24\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\25\ 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).
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\25\ See 19 CFR 351.212(b)(1).
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For any individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.5 percent)
in the final results of this review and the respondent reported
reliable 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 reliable 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 sales quantity associated with those transactions. 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 to liquidate the appropriate entries without regard to
antidumping duties.\26\
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\26\ 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) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by
Hyundai and POSCO/PIC for which the producer did not know its
merchandise was destined for the United States, or for any respondent
for which we have a final determination of no shipments, we will
instruct CBP to liquidate unreviewed entries at the all-others rate if
there is no rate for the intermediate company (or companies) involved
in the transaction.\27\
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\27\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash 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 Hyundai, POSCO/PIC, and other companies listed in
the final results of review will be equal to the weighted-average
dumping margin established in the final results of this administrative
review; (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 of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this 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 of this proceeding for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 20.33 percent,\28\ the all-
others rate established in the less-than-fair-value investigation.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\28\ See Order.
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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 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 duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is 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: January 15, 2021.
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. Rate for Non-Examined Company
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-01496 Filed 1-22-21; 8:45 am]
BILLING CODE 3510-DS-P