Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 39666-39667 [2018-17155]
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[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)] [Notices] [Pages 39666-39667] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2018-17155] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-878] Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016- 2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminary determines that Dongkuk Steel Mill Co., Ltd. (Dongkuk) and Hyundai Steel Company (Hyundai), producers/exporters of merchandise subject to this administrative review, made sales of subject merchandise at less than normal value. The period of review (POR) is January 4, 2016, through June 30, 2017. DATES: Applicable August 10, 2018. FOR FURTHER INFORMATION CONTACT: Lingjun Wang (Dongkuk) or Elfi Blum- Page (Hyundai), AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-2316 or (202) 482 -0197. Scope of the Order The merchandise covered by the order is certain corrosion-resistant steel products. For a complete description of the scope of the order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a) 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. 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 https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as the Appendix to this notice. Preliminary Results of the Review As a result of this review, we preliminarily determine the following weighted-average dumping margins for the period January 4, 2016, through June 30, 2017: --------------------------------------------------------------------------- \1\ Commerce found Dongkuk to be the successor-in-interest to Union Steel Manufacturing Co., Ltd. in the underlying investigation. See Certain Corrosion-Resistant Steel Products from the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 78 (January 4, 2016), and accompanying Decision Memorandum at 7, unchanged in Certain Corrosion-Resistant Steel Products from the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 81 FR 35303 (June 2, 2016), and accompanying Issues and Decision Memorandum at 6. ------------------------------------------------------------------------ Weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ Dongkuk Steel Mill Co., Ltd./Union Steel Manufacturing Co., 4.14 Ltd \1\.................................................... Hyundai Steel Company....................................... 10.32 ------------------------------------------------------------------------ Review-Specific Average Rate Applicable to the Following Companies: \2\ --------------------------------------------------------------------------- \2\ This rate is based on the weighted-average margin using the publicly-ranged sales value of mandatory respondents, and is the best proxy of the actual weighted-average margin determined for the mandatory respondents. Due to requests to protect business proprietary information, we cannot apply our normal methodology of calculating a weighted-average margin. See Ball Bearings and Parts Thereof from France, et al.: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010); see also Memorandum re: Calculation of the Review-Specific Average Rate for the Preliminary Results, dated concurrently with this notice. ------------------------------------------------------------------------ Weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ Dongbu Steel Co., Ltd....................................... 5.55 POSCO....................................................... 5.55 ------------------------------------------------------------------------ Assessment Rates Upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), where the mandatory respondents reported the entered value for their U.S. sales, we calculated 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 the sales for which entered value was reported. Where the mandatory respondents did not report entered value, we calculated the entered value in order to calculate the assessment rate. Where either the respondent's weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the companies which were not selected for individual review, we will assign an assessment rate based on the average \3\ of the cash deposit rates calculated for the two mandatory respondents. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.\4\ --------------------------------------------------------------------------- \3\ This rate was calculated as discussed in footnote 2, above. \4\ See section 751(a)(2)(C) of the Act. --------------------------------------------------------------------------- We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following deposit requirements will be effective for all shipments of the 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 each specific company listed above will be that established in the final results of this [[Page 39667]] review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, or the underlying investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 8.32 percent, the all-others rate established in the underlying investigation.\5\ These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \5\ See 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), as amended by Certain Corrosion-Resistant Steel Products from the Republic of Korea: Notice of Court Decision Not in Harmony with Final Determination of Investigation and Notice of Amended Final Results, issued July 23, 2018. --------------------------------------------------------------------------- Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.\6\ Interested parties may submit case briefs not later than 30 days after the date of publication of this notice.\7\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.\8\ 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.\9\ Case and rebuttal briefs should be filed using ACCESS.\10\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.224(b). \7\ See 19 CFR 351.309(c)(1)(ii). \8\ See 19 CFR 351.309(d)(1). \9\ See 19 CFR 351.309(c)(2) and (d)(2). \10\ See 19 CFR 351.303. --------------------------------------------------------------------------- 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 ACCESS. An electronically-filed request for a hearing must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.\11\ Hearing 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 issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\12\ --------------------------------------------------------------------------- \11\ See 19 CFR 351.310(c); 19 CFR 351.303(b)(1). \12\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- 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 publication of these preliminary results in the Federal Register, unless otherwise extended.\13\ --------------------------------------------------------------------------- \13\ See Section 751(a)(3)(A) of the Act. --------------------------------------------------------------------------- Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 3, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Review IV. Scope of the Order V. Particular Market Situation VI. Use of Facts Available and Adverse Facts Available A. Legal Authority B. Application of Facts Available to Hyundai C. Application of Facts Available with an Adverse Inference D. Selection and Corroboration of Adverse Facts Available Rate VII. Review-Specific Average Rate for Non-Examined Companies VIII. Discussion of the Methodology A. Normal Value Comparisons 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Date of Sale C. Product Comparisons D. Export Price and Constructed Export Price E. Normal Value 1. Home Market Viability 2. Affiliated Party Transactions and Arm's-Length Test 3. Level of Trade 4. Overrun Sales 5. Cost of Production Analysis 6. Calculation of Normal Value Based on Home Market Prices 7. Calculation of Normal Value Based on Constructed Value IX. Currency Conversion X. Recommendation [FR Doc. 2018-17155 Filed 8-9-18; 8:45 am] BILLING CODE 3510-DS-P
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