Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 56821-56823 [2018-24796]
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance. Because Commerce’s
final determination is affirmative, in
accordance with section 705(b) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
large diameter welded pipe from India
no later than 45 days after this final
determination.
Notification Regarding Administrative
Protective Orders
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction 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 terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act and 19 CFR
351.210(c).
Dated: November 1, 2018.
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 I
Scope of the Investigation
The merchandise covered by this
investigation is welded carbon and alloy steel
pipe (including stainless steel pipe), more
than 406.4 mm (16 inches) in nominal
outside diameter (large diameter welded
pipe), regardless of wall thickness, length,
surface finish, grade, end finish, or
stenciling. Large diameter welded pipe may
be used to transport oil, gas, slurry, steam, or
other fluids, liquids, or gases. It may also be
used for structural purposes, including, but
not limited to, piling. Specifically, not
included is large diameter welded pipe
produced only to specifications of the
American Water Works Association (AWWA)
for water and sewage pipe.
Large diameter welded pipe used to
transport oil, gas, or natural gas liquids is
normally produced to the American
Petroleum Institute (API) specification 5L.
Large diameter welded pipe may also be
produced to American Society for Testing
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18:29 Nov 13, 2018
Jkt 247001
and Materials (ASTM) standards A500, A252,
or A53, or other relevant domestic
specifications, grades and/or standards. Large
diameter welded pipe can be produced to
comparable foreign specifications, grades
and/or standards or to proprietary
specifications, grades and/or standards, or
can be non-graded material. All pipe meeting
the physical description set forth above is
covered by the scope of this investigation,
whether or not produced according to a
particular standard.
Subject merchandise also includes large
diameter welded pipe that has been further
processed in a third country, including but
not limited to coating, painting, notching,
beveling, cutting, punching, welding, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the in-scope large diameter
welded pipe.
The large diameter welded pipe that is
subject to this investigation is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6010,
7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Use of Facts Otherwise Available and
Adverse Inferences
IV. Analysis of Programs
V. Analysis of Comments
Comment 1: Whether Commerce Properly
Applied AFA in the Preliminary
Determination
Comment 2: Whether Commerce Should
Continue to Find the AAP, DDB, EPCG,
and MEIS Programs Countervailable
VI. Conclusion
[FR Doc. 2018–24804 Filed 11–13–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–883]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Hyundai Steel Company (Hyundai)
AGENCY:
PO 00000
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Sfmt 4703
56821
and POSCO/POSCO Daewoo Co., Ltd.
(collectively POSCO/PDW), the two
companies selected for individual
examination, sold subject merchandise
in the United States at prices below
normal value during the POR. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable November 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Justin Neuman,
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) (202) 482–
7425 or (202) 482–0486, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2017, Commerce
initiated the antidumping duty
administrative review on certain hotrolled steel flat products (hot-rolled
steel) from the Republic of Korea
(Korea).1 Commerce selected two
respondents for individual examination,
POSCO/PDW and Hyundai Steel
Company. For a detailed description of
the events that followed the initiation of
this review, see the Preliminary
Decision Memorandum, dated
concurrently with these preliminary
results and hereby adopted by this
notice.2
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 to 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 Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached at the Appendix to this notice.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
21513 (May 9, 2017).
2 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; 2016–
2017,’’ dated October 3, 2018 (Preliminary Decision
Memorandum).
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
Scope of the Order
The product covered by this review is
hot-rolled steel from Korea. For a full
description of the scope see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this
administrative 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. Normal value 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.
Rates for Non-Examined Companies
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 weightedaverage 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}.’’
In this review, we have preliminarily
calculated weighted-average dumping
margins for Hyundai and POSCO/PDW
that are not zero, de minimis, or
determined entirely on the basis of facts
available. Accordingly, we have
preliminarily assigned to the companies
not individually examined in this
review 3 a margin of 5.95 percent, which
is the weighted average of Hyundai and
POSCO/PDW calculated weightedaverage dumping margins.4
3 The non-examined companies subject to this
review are: Daewoo International Corp., Dongbu
Steel Co., Ltd., Dongkuk Industries Co., Ltd.,
Marubeni-Itochu Steel Korea, Soon Hong Trading
Co., and Sungjin Co.
4 For more information regarding the calculation
of this margin, see Memorandum, ‘‘Calculation of
the Margin for Non-Examined Companies,’’ dated
November 2, 2018. As the weighting factor, we
relied on the publicly ranged sales data reported in
Hyundai’s and POSCO/PDW’s quantity and value
charts.
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18:29 Nov 13, 2018
Jkt 247001
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the period March 22,
2016, through September 30, 2017.
Weightedaverage
margin
(percent)
Exporter/producer
POSCO/POSCO Daewoo Co.,
Ltd. ..........................................
Hyundai Steel Company .............
Non-Examined Companies .........
7.67
3.95
5.95
Disclosure, Public Comment, and
Opportunity To Request a Hearing
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties within
five days of the date of publication of
this notice 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
five days after the date for filing case
briefs.5 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.6 Case and
rebuttal briefs should be filed using
ACCESS 7 and must be served on
interested parties.8 Executive
summaries should be limited to five
pages total, including footnotes.
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
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.9 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 the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
5 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
7 See generally 19 CFR 351.303.
8 See 19 CFR 351.303(f).
9 See 19 CFR 351.310(c).
6 See
PO 00000
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Fmt 4703
Sfmt 4703
and time to be determined.10 Parties
should confirm the date, time, and
location of the hearing two days before
the scheduled date.
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.11
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. We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
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 importerspecific 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
period of review 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 importerspecific 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 not to assess duties on any
of its entries in accordance with the
Final Modification for Reviews, i.e.,
‘‘{w}here the weighted-average margin
of dumping for the exporter is
determined to be zero or de minimis, no
antidumping duties will be assessed.’’ 12
10 See
19 CFR 351.310(d).
section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
12 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).
11 See
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
For entries of subject merchandise
during the POR produced by Hyundai
and POSCO/PDW 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.13
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.
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 and POSCO/
PDW 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, 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 5.55 percent,14 the allothers rate established in the less-thanfair-value investigation. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Dated: November 2, 2018.
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.
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.
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.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
Comparison to Normal Value
A. Determination of the Comparison
Method
B. Results of Differential Pricing Analysis
Date of Sale
Product Comparisons
Export Price/Constructed Export Price
Normal Value
A. Home Market Viability
B. Affiliated Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of Normal Value Based on
Comparison Market Prices
5. Currency Conversion
6. Recommendation
[FR Doc. 2018–24796 Filed 11–13–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–829]
Certain Uncoated Paper From
Indonesia: Rescission of 2017
Countervailing Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
countervailing duty (CVD) order on
certain uncoated paper from Indonesia
for the period of review (POR) January
1, 2017, through December 31, 2017.
AGENCY:
13 See
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
14 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016) (Order).
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18:29 Nov 13, 2018
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DATES:
56823
Applicable November 14, 2018.
FOR FURTHER INFORMATION CONTACT:
David Goldberger or Darla Brown, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4136 or (202) 482–1791,
respectively.
Background
On March 5, 2018, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the CVD order
on certain uncoated paper from
Indonesia for the POR.1 On April 2,
2018, Commerce received a timely
request from PT Anugerah Kertas
Utama, PT Riau Andalan Kertas, and
APRIL Fine Paper Macao Offshore
Limited (collectively, APRIL), in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.213(b), to conduct an
administrative review of this CVD
order.2
On May 2, 2018, Commerce published
in the Federal Register a notice of
initiation with respect to APRIL.3 On
July 13, 2018, APRIL timely withdrew
its request for an administrative
review.4
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
who requested the review withdraws
the request within 90 days of the date
of publication of notice of initiation of
the requested review. As noted above,
APRIL withdrew its request for review
by the 90-day deadline, and no other
party requested an administrative
review of this order. Therefore, we are
rescinding the administrative review of
the CVD order on certain uncoated
paper from Indonesia covering the
period January 1, 2017, through
December 31, 2017.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
countervailing duties on all appropriate
entries. Countervailing duties shall be
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 9284
(March 5, 2018).
2 See Letter from APRIL, ‘‘Uncoated Paper from
Indonesia,’’ dated April 2, 2018.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
19215 (May 2, 2018).
4 See Letter from APRIL, ‘‘Certain Uncoated Paper
from Indonesia: APRIL—Withdraw of Request for
Administrative Review,’’ dated July 13, 2018.
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]]>Agencies
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56821-56823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24796]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-Rolled Steel Flat 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) preliminarily determines
that Hyundai Steel Company (Hyundai) and POSCO/POSCO Daewoo Co., Ltd.
(collectively POSCO/PDW), the two companies selected for individual
examination, sold subject merchandise in the United States at prices
below normal value during the POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable November 14, 2018.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Justin Neuman,
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) (202) 482-7425 or
(202) 482-0486, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2017, Commerce initiated the antidumping duty
administrative review on certain hot-rolled steel flat products (hot-
rolled steel) from the Republic of Korea (Korea).\1\ Commerce selected
two respondents for individual examination, POSCO/PDW and Hyundai Steel
Company. For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum,
dated concurrently with these preliminary results and hereby adopted by
this notice.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 21513 (May 9, 2017).
\2\ 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; 2016-2017,''
dated October 3, 2018 (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 to 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 Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at https://enforcement.trade.gov/frn/. A list of the topics discussed in the Preliminary
Decision Memorandum is attached at the Appendix to this notice. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
[[Page 56822]]
Scope of the Order
The product covered by this review is hot-rolled steel from Korea.
For a full description of the scope see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this administrative 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. Normal value 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.
Rates for Non-Examined Companies
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 have preliminarily calculated weighted-average
dumping margins for Hyundai and POSCO/PDW that are not zero, de
minimis, or determined entirely on the basis of facts available.
Accordingly, we have preliminarily assigned to the companies not
individually examined in this review \3\ a margin of 5.95 percent,
which is the weighted average of Hyundai and POSCO/PDW calculated
weighted-average dumping margins.\4\
---------------------------------------------------------------------------
\3\ The non-examined companies subject to this review are:
Daewoo International Corp., Dongbu Steel Co., Ltd., Dongkuk
Industries Co., Ltd., Marubeni-Itochu Steel Korea, Soon Hong Trading
Co., and Sungjin Co.
\4\ For more information regarding the calculation of this
margin, see Memorandum, ``Calculation of the Margin for Non-Examined
Companies,'' dated November 2, 2018. As the weighting factor, we
relied on the publicly ranged sales data reported in Hyundai's and
POSCO/PDW's quantity and value charts.
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period March 22, 2016, through September
30, 2017.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
POSCO/POSCO Daewoo Co., Ltd................................. 7.67
Hyundai Steel Company....................................... 3.95
Non-Examined Companies...................................... 5.95
------------------------------------------------------------------------
Disclosure, Public Comment, and Opportunity To Request a Hearing
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice 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 five days
after the date for filing case briefs.\5\ 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.\6\ Case and rebuttal
briefs should be filed using ACCESS \7\ and must be served on
interested parties.\8\ Executive summaries should be limited to five
pages total, including footnotes.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
\7\ See generally 19 CFR 351.303.
\8\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
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 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.\9\ 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 the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a date and time to be determined.\10\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date.
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\9\ See 19 CFR 351.310(c).
\10\ 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.\11\
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\11\ 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. We intend to issue
liquidation instructions to CBP 15 days after publication of the final
results of this review.
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
period of review 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 not to assess duties on any of its entries in accordance
with the Final Modification for Reviews, i.e., ``{w{time} here the
weighted-average margin of dumping for the exporter is determined to be
zero or de minimis, no antidumping duties will be assessed.'' \12\
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\12\ 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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[[Page 56823]]
For entries of subject merchandise during the POR produced by
Hyundai and POSCO/PDW 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.\13\
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\13\ 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 and POSCO/PDW 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, 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
5.55 percent,\14\ 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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\14\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (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.
Dated: November 2, 2018.
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 Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology Comparison to Normal Value
A. Determination of the Comparison Method
B. Results of Differential Pricing Analysis
Date of Sale
Product Comparisons
Export Price/Constructed Export Price
Normal Value
A. Home Market Viability
B. Affiliated Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of Normal Value Based on Comparison Market Prices
5. Currency Conversion
6. Recommendation
[FR Doc. 2018-24796 Filed 11-13-18; 8:45 am]
BILLING CODE 3510-DS-P
