Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review and Rescission of Countervailing Duty Administrative Review, in Part, 39410-39412 [2017-17494]
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39410
Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Notices
chemical name of ‘‘bis (2-ethylhexyl)
terephthalate’’ and has a Chemical
Abstract Service (CAS) registry number
of 6422–86–2. Regardless of the label,
all DOTP is covered by this order.
Subject merchandise is currently
classified under subheading
2917.39.2000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Subject merchandise may also enter
under subheadings 2917.39.7000 or
3812.20.1000 of the HTSUS. While the
CAS registry number and HTSUS
classification are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
mstockstill on DSK30JT082PROD with NOTICES
Antidumping Duty Order
As stated above, on August 9, 2017, in
accordance with sections 735(b)(1)(A)(i)
and 735(d) of the Act, the ITC has
notified the Department of its final
determination that the industry in the
United States producing is materially
injured by reason of the LTFV imports
od DOTP from Korea.3 Therefore, in
accordance with section 735(c)(2) of the
Act, we are issuing this antidumping
duty order. Because the ITC determined
that imports of DOTP from Korea are
materially injuring a U.S. industry,
unliquidated entries of such
merchandise from Korea, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
As a result of the ITC’s final
affirmative determination, in
accordance with section 736(a)(1) of the
Act, the Department will direct U.S.
Customs and Border Protection (CBP) to
assess, upon further instruction by the
Department, antidumping duties equal
to the amount by which the normal
value of the merchandise exceeds the
export price (or constructed export
price) of the merchandise, for all
relevant entries of DOTP from Korea.
Antidumping duties will be assessed on
unliquidated entries of DOTP from
Korea entered, or withdrawn from
warehouse, for consumption on or after
February 3, 2017, the date of publication
of the Preliminary Determination,4 but
will not include entries occurring after
the expiration of the provisional
measures period and before publication
of the ITC’s final injury determination
in the Federal Register, should such
entries exist, as further described below.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on all relevant entries of DOTP from
Korea. These instructions suspending
liquidation will remain in effect until
further notice.
The Department will also instruct
CBP to require cash deposits equal to
the estimated weighted-average
dumping margins indicated below.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination in the Federal
Register, CBP will require, at the same
time as importers would normally
deposit estimated duties on this subject
merchandise, a cash deposit rate equal
to the estimated weighted-average
antidumping duty margins listed
below.5 The ‘‘all-others’’ rate applies to
all producers or exporters not
specifically listed.
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. At the request of exporters that
account for a significant proportion of
DOTP from Korea, the Department
extended the four-month period to six
months.6 The Department published the
Preliminary Determination in this
investigation on February 3, 2017.7
Therefore, the extended period,
beginning on the date of the publication
of the Preliminary Determination, ended
on August 1, 2017. Furthermore, section
737(b) of the Act states that definitive
duties are to begin on the date of
publication of the ITC’s final injury
determination.
Therefore, in accordance with section
733(d) of the Act and our practice,8 the
Department will instruct CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
antidumping duties, unliquidated
entries of DOTP from Korea entered, or
withdrawn from warehouse, for
5 See
6 See
Section 736(a)(3) of the Act.
Preliminary Determination.
7 Id.
3 Id.
4 See
Dioctyl Terephthalate from the Republic of
Korea: Affirmative Preliminary Determination of
Sales at Less Than Fair Value, Negative Preliminary
Determination of Critical Circumstances, and
Postponement of Final Determination, 82 FR 9195
(February 3, 2017) (Preliminary Determination).
VerDate Sep<11>2014
17:47 Aug 17, 2017
Jkt 241001
8 See, e.g., Certain Corrosion-Resistant Steel
Products From India, Italy, the People’s Republic of
China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390 (July 25,
2016).
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Sfmt 4703
consumption after August 1, 2017, the
date on which the provisional measures
expired, until and through August 14,
2017, the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.9
Estimated Weighted-Average
Antidumping Duty Margins
The weighted-average antidumping
duty margin percentages are as follows:
Exporter/producer
Weightedaverage
margins
(percent)
Aekyung Petrochemical Co., Ltd
LG Chem, Ltd .............................
All-Others ....................................
4.08
2.71
3.69
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
DOTP from Korea pursuant to section
736(a) of the Act. Interested parties can
find a list of antidumping duty orders
currently in effect at https://enforcement.
trade.gov/stats/iastats1.html.
This order is published in accordance
with section 736(a) of the Act and 19
CFR 351.211(b).
Dated: August 15, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–17627 Filed 8–17–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–837]
Certain Cut-to-Length Carbon-Quality
Steel Plate From the Republic of
Korea: Final Results of Countervailing
Duty Administrative Review and
Rescission of Countervailing Duty
Administrative Review, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has completed the
administrative review of the
countervailing duty (CVD) order on cutto-length carbon-quality steel plate (CTL
Plate) from the Republic of Korea
(Korea) for the January 1, 2015, through
December 31, 2015, period of review
(POR). We have determined that
AGENCY:
9 See Dioctyl Terephthalate (DOTP) From Korea;
Determination, 82 FR 38708 (August 15, 2017).
E:\FR\FM\18AUN1.SGM
18AUN1
Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Notices
Hyundai Steel Co. (Hyundai Steel)
received countervailable subsidies that
are above de minimis and that Dongkuk
Steel Mill Co., Ltd. (DSM) did not. We
are applying to the five firms not
selected for individual examination in
this administrative review the rate
calculated for Hyundai Steel. We are
also rescinding the review for eight
companies.
DATES: August 18, 2017.
FOR FURTHER INFORMATION CONTACT: John
Conniff at 202–482–1009 (for Hyundai
Steel), or Jolanta Lawska at 202–482–
8362 (for DSM), AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.
Background
On February 10, 2000, the Department
published the CVD Order on CTL Plate
from Korea.1 The Department published
the Preliminary Results of this
administrative review in the Federal
Register on March 15, 2017.2 For a
discussion of the events following the
Preliminary Results, see the Issues and
Decision Memorandum.3
mstockstill on DSK30JT082PROD with NOTICES
Scope of the Order
The products covered by the order are
certain hot-rolled carbon-quality steel:
(1) Universal mill plates (i.e., flat-rolled
products rolled on four faces or in a
closed box pass, of a width exceeding
150 mm but not exceeding 1250 mm,
and of a nominal or actual thickness of
not less than 4 mm, which are cut-tolength (not in coils) and without
patterns in relief), of iron or non-alloyquality steel; and (2) flat-rolled
products, hot-rolled, of a nominal or
actual thickness of 4.75 mm or more and
of a width which exceeds 150 mm and
measures at least twice the thickness,
and which are cut-to-length (not in
coils).
1 See Notice of Amended Final Determination:
Certain Cut-to-Length Carbon-Quality Steel Plate
from India and the Republic of Korea; and Notice
of Countervailing Duty Orders: Certain Cut-toLength Carbon-Quality Steel Plate from France,
India, Indonesia, Italy, and the Republic of Korea,
65 FR 6587 (February 10, 2000) (Order).
2 See Certain Cut-to-Length Carbon-Quality Steel
Plate from the Republic of Korea: Preliminary
Results of Countervailing Duty Administrative
Review, and Preliminary Intent to Rescind in Part:
Calendar Year 2015, 82 FR 13792 (March 15, 2017)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for Final Results of 2015
Countervailing Duty Administrative Review of Cutto-Length Carbon-Quality Steel Plate from the
Republic of Korea’’ (Issues and Decision
Memorandum), dated concurrently with this notice
and incorporated herein by reference.
VerDate Sep<11>2014
17:47 Aug 17, 2017
Jkt 241001
The merchandise subject to the order
is currently classifiable in the
Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings: 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7208.53.0000,
7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7211.90.0000, 7212.40.1000,
7212.40.5000, 7212.50.0000,
7225.40.3050, 7225.40.7000,
7225.50.6000, 7225.99.0090,
7226.91.5000, 7226.91.7000,
7226.91.8000, 7226.99.0000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise covered by the order is
dispositive.4
Analysis of Comments Received
All issues raised in interested parties’
case 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 https://access.trade.gov and is
available to all parties in the Central
Records Unit, room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For the subsidy
programs found countervailable during
the POR, we determine that there is a
subsidy, i.e., a government-provided
financial contribution that confers a
benefit to the recipient, and that the
subsidy is specific.5 For a complete
description of the methodology
underlying the Department’s
4 For a complete description of the scope of the
order, see Issues and Decision Memorandum.
5 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.
PO 00000
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Fmt 4703
Sfmt 4703
39411
conclusions, see the Issues and Decision
Memorandum.
Rescission of the 2015 Administrative
Review, in Part
As noted in the Preliminary Results,
the Department received timely no
shipment responses from GS Global
Corp. (GS Global), Hyundai Glovis,
Hyundai Mipo Dockyard Co., Ltd
(Hyundai Mipo), Hyosung Corporation
(Hyosung), Daewoo International Corp.,
Samsung C&T Corporation (Samsung
C&T Corp.), SK Networks Co., Ltd. (SK
Networks), and Samsung Heavy
Industries. The Department inquired
with U.S. Customs and Border
Protection (CBP) whether GS Global,
Hyundai Glovis, Hyundai Mipo,
Hyosung, Daewoo International Corp.,
Samsung C&T Corp., SK Networks, and
Samsung Heavy Industries had shipped
merchandise to the United States during
the POR, and CBP provided no evidence
to contradict the no shipments claims
made by these companies. Accordingly,
the Department is rescinding the
administrative review of with respect to
these eight companies pursuant to 19
CFR 351.213(d)(3).
Rate for Non-Selected Companies
Under Review
There are five companies for which a
review was requested and not
rescinded, but were not selected as
mandatory respondents: Bookuk Steel,
BDP International, Samsung C&T
Engineering and Construction Group
(Samsung C&T Engineering), Sung Jin
Steel Co., Ltd., and Samsung C&T
Trading and Investment Group
(Samsung C&T Trading). Consistent
with the preliminary results, we are
applying to the non-selected companies
the rate calculated for Hyundai Steel,
which is above de minimis.
Final Results of Review
In accordance with 19 CFR
351.221(b)(5), we determine the
following net countervailable subsidy
rates for the period January 1, 2015,
through December 31, 2015:
Company
Dongkuk Steel Mill Co., Ltd ..
Hyundai Steel Co .................
Bookuk Steel ........................
BDP International .................
Samsung C&T Engineering
and Construction Group ....
Sung Jin Steel Co., Ltd ........
Samsung C&T Trading and
Investment Group .............
* de minimis.
E:\FR\FM\18AUN1.SGM
18AUN1
Subsidy rate
Ad Valorem
(%)
* 0.13
0.54
0.54
0.54
0.54
0.54
0.54
39412
Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Notices
Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed for these final results within
five days of the date of the publication
of this notice in the Federal Register.6
Assessment Rates
In accordance with 19 CFR
351.212(b)(2), the Department intends to
issue assessment instructions to CBP 15
days after the date of publication of
these final results. Because we have
calculated a de minimis countervailable
subsidy rate for DSM in the final results
of this review, we will instruct CBP to
liquidate the appropriate entries
without regard to countervailing duties
in accordance with 19 CFR 351.212. For
Hyundai Steel and the above listed
companies, we will instruct CBP to
assess countervailing duties on the
value of the POR entries at the rate
shown above.
mstockstill on DSK30JT082PROD with NOTICES
Cash Deposit Instructions
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
amounts shown above, for the
companies listed above, with the
exception of DSM, 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. Because the countervailable
subsidy rate for DSM is de minimis, the
Department will instruct CBP to collect
cash deposits at a rate of zero for DSM
for all shipments of the subject
merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms, we will instruct CBP to
collect cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Return or Destruction of Proprietary
Information
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
6 See
19 CFR 351.224(b).
VerDate Sep<11>2014
17:47 Aug 17, 2017
Jkt 241001
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, 19
CFR 351.213(d)(4) and 19 CFR
351.221(b)(5).
Dated: August 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations
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. List of Interested Party Comments
III. Period of Review
IV. Scope of the Order
V. Rescission of the 2015 Administrative
Review, in Part
VI. Non-Selected Rate
VII. Subsidy Methodologies
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Whether the Department
Should Initiate an Investigation into the
GOK’s Provision of Electricity for Less
than Adequate Remuneration (LTAR)
Comment 2: Whether the Department Erred
in not Initiating an Investigation into the
GOK’s Purchases of Electricity for More
than Adequate Remuneration (MTAR)
Comment 3: Whether the Department’s
Finding that the Demand Response
Resources (DRR) Program Constitutes a
Countervailable Subsidy is in
Accordance with the Requirements of
the Statute or the World Trade
Organization (WTO) Agreement on
Subsidies and Countervailing Measures
Comment 4: Whether the Department Erred
in Finding that Various Restriction of
Special Taxation Act (RSTA) Tax
Programs are De Facto Specific
Comment 5: Whether the Department
Should Find that Samsung C&T
Engineering and Samsung C&T Trading
Had No Reviewable Entries During the
POR
X. Recommendation
[FR Doc. 2017–17494 Filed 8–17–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Billfish Certificate
of Eligibility
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
ACTION:
Notice.
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before October 17,
2017.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at pracomments@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Margo Schulze-Haugen,
(301) 427–8503 or margo.schulzehaugen@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
This request is for an extension of a
currently approved information
collection. Under the provisions of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.), NOAA is
responsible for management of the
Nation’s marine fisheries. In addition,
NOAA must comply with the United
States’ (U.S.) obligations under the
Atlantic Tunas Convention Act of 1975
(16 U.S.C. 971 et seq.). A Certificate of
Eligibility (COE) for Billfishes is
required under 50 CFR part 635 to
accompany all billfish, except for a
billfish landed in a Pacific state and
remaining in the state of landing. This
documentation certifies that the
accompanying billfish was not
harvested from the applicable Atlantic
Ocean management unit (described on
the NOAA sample certificate), and
identifies the vessel landing the billfish,
the vessel’s homeport, the port of
offloading, and the date of offloading.
The certificate must accompany the
billfish to any dealer or processor who
subsequently receives or possesses the
billfish. A standard certificate format is
not currently required to document the
necessary information, provided it
contains all of the information required.
The extension of this collection is
necessary to implement the
Consolidated Highly Migratory Species
Fishery Management Plan, which
contains conservation and management
E:\FR\FM\18AUN1.SGM
18AUN1
]]>Agencies
[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Notices]
[Pages 39410-39412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17494]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Certain Cut-to-Length Carbon-Quality Steel Plate From the
Republic of Korea: Final Results of Countervailing Duty Administrative
Review and Rescission of Countervailing Duty Administrative Review, in
Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has completed the
administrative review of the countervailing duty (CVD) order on cut-to-
length carbon-quality steel plate (CTL Plate) from the Republic of
Korea (Korea) for the January 1, 2015, through December 31, 2015,
period of review (POR). We have determined that
[[Page 39411]]
Hyundai Steel Co. (Hyundai Steel) received countervailable subsidies
that are above de minimis and that Dongkuk Steel Mill Co., Ltd. (DSM)
did not. We are applying to the five firms not selected for individual
examination in this administrative review the rate calculated for
Hyundai Steel. We are also rescinding the review for eight companies.
DATES: August 18, 2017.
FOR FURTHER INFORMATION CONTACT: John Conniff at 202-482-1009 (for
Hyundai Steel), or Jolanta Lawska at 202-482-8362 (for DSM), AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
Background
On February 10, 2000, the Department published the CVD Order on CTL
Plate from Korea.\1\ The Department published the Preliminary Results
of this administrative review in the Federal Register on March 15,
2017.\2\ For a discussion of the events following the Preliminary
Results, see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-to-
Length Carbon-Quality Steel Plate from France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000)
(Order).
\2\ See Certain Cut-to-Length Carbon-Quality Steel Plate from
the Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review, and Preliminary Intent to Rescind in Part:
Calendar Year 2015, 82 FR 13792 (March 15, 2017) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\3\ See Memorandum, ``Issues and Decision Memorandum for Final
Results of 2015 Countervailing Duty Administrative Review of Cut-to-
Length Carbon-Quality Steel Plate from the Republic of Korea''
(Issues and Decision Memorandum), dated concurrently with this
notice and incorporated herein by reference.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are certain hot-rolled carbon-
quality steel: (1) Universal mill plates (i.e., flat-rolled products
rolled on four faces or in a closed box pass, of a width exceeding 150
mm but not exceeding 1250 mm, and of a nominal or actual thickness of
not less than 4 mm, which are cut-to-length (not in coils) and without
patterns in relief), of iron or non-alloy-quality steel; and (2) flat-
rolled products, hot-rolled, of a nominal or actual thickness of 4.75
mm or more and of a width which exceeds 150 mm and measures at least
twice the thickness, and which are cut-to-length (not in coils).
The merchandise subject to the order is currently classifiable in
the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000,
7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000,
7226.99.0000.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise covered by
the order is dispositive.\4\
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the order, see
Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in interested parties' case 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 https://access.trade.gov and is available to all
parties in the Central Records Unit, room B8024 of the main Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For the
subsidy programs found countervailable during the POR, we determine
that there is a subsidy, i.e., a government-provided financial
contribution that confers a benefit to the recipient, and that the
subsidy is specific.\5\ For a complete description of the methodology
underlying the Department's conclusions, see the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
Rescission of the 2015 Administrative Review, in Part
As noted in the Preliminary Results, the Department received timely
no shipment responses from GS Global Corp. (GS Global), Hyundai Glovis,
Hyundai Mipo Dockyard Co., Ltd (Hyundai Mipo), Hyosung Corporation
(Hyosung), Daewoo International Corp., Samsung C&T Corporation (Samsung
C&T Corp.), SK Networks Co., Ltd. (SK Networks), and Samsung Heavy
Industries. The Department inquired with U.S. Customs and Border
Protection (CBP) whether GS Global, Hyundai Glovis, Hyundai Mipo,
Hyosung, Daewoo International Corp., Samsung C&T Corp., SK Networks,
and Samsung Heavy Industries had shipped merchandise to the United
States during the POR, and CBP provided no evidence to contradict the
no shipments claims made by these companies. Accordingly, the
Department is rescinding the administrative review of with respect to
these eight companies pursuant to 19 CFR 351.213(d)(3).
Rate for Non-Selected Companies Under Review
There are five companies for which a review was requested and not
rescinded, but were not selected as mandatory respondents: Bookuk
Steel, BDP International, Samsung C&T Engineering and Construction
Group (Samsung C&T Engineering), Sung Jin Steel Co., Ltd., and Samsung
C&T Trading and Investment Group (Samsung C&T Trading). Consistent with
the preliminary results, we are applying to the non-selected companies
the rate calculated for Hyundai Steel, which is above de minimis.
Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we determine the following
net countervailable subsidy rates for the period January 1, 2015,
through December 31, 2015:
------------------------------------------------------------------------
Subsidy rate
Company Ad Valorem (%)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd............................. * 0.13
Hyundai Steel Co........................................ 0.54
Bookuk Steel............................................ 0.54
BDP International....................................... 0.54
Samsung C&T Engineering and Construction Group.......... 0.54
Sung Jin Steel Co., Ltd................................. 0.54
Samsung C&T Trading and Investment Group................ 0.54
------------------------------------------------------------------------
* de minimis.
[[Page 39412]]
Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for these final results within five days of the
date of the publication of this notice in the Federal Register.\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Assessment Rates
In accordance with 19 CFR 351.212(b)(2), the Department intends to
issue assessment instructions to CBP 15 days after the date of
publication of these final results. Because we have calculated a de
minimis countervailable subsidy rate for DSM in the final results of
this review, we will instruct CBP to liquidate the appropriate entries
without regard to countervailing duties in accordance with 19 CFR
351.212. For Hyundai Steel and the above listed companies, we will
instruct CBP to assess countervailing duties on the value of the POR
entries at the rate shown above.
Cash Deposit Instructions
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 amounts shown above, for the companies listed above, with
the exception of DSM, 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. Because the
countervailable subsidy rate for DSM is de minimis, the Department will
instruct CBP to collect cash deposits at a rate of zero for DSM for all
shipments of the subject merchandise that are entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this administrative review. For all non-reviewed
firms, we will instruct CBP to collect cash deposits of estimated
countervailing duties at the most recent company-specific or all-others
rate applicable to the company. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Return or Destruction of Proprietary Information
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable
violation.
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(d)(4)
and 19 CFR 351.221(b)(5).
Dated: August 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations 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. List of Interested Party Comments
III. Period of Review
IV. Scope of the Order
V. Rescission of the 2015 Administrative Review, in Part
VI. Non-Selected Rate
VII. Subsidy Methodologies
VIII. Analysis of Programs
IX. Analysis of Comments
Comment 1: Whether the Department Should Initiate an
Investigation into the GOK's Provision of Electricity for Less than
Adequate Remuneration (LTAR)
Comment 2: Whether the Department Erred in not Initiating an
Investigation into the GOK's Purchases of Electricity for More than
Adequate Remuneration (MTAR)
Comment 3: Whether the Department's Finding that the Demand
Response Resources (DRR) Program Constitutes a Countervailable
Subsidy is in Accordance with the Requirements of the Statute or the
World Trade Organization (WTO) Agreement on Subsidies and
Countervailing Measures
Comment 4: Whether the Department Erred in Finding that Various
Restriction of Special Taxation Act (RSTA) Tax Programs are De Facto
Specific
Comment 5: Whether the Department Should Find that Samsung C&T
Engineering and Samsung C&T Trading Had No Reviewable Entries During
the POR
X. Recommendation
[FR Doc. 2017-17494 Filed 8-17-17; 8:45 am]
BILLING CODE 3510-DS-P
