Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 65348-65349 [2018-27536]
Download as PDF
<![CDATA[
65348
Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Notices
electronically filed document must be
received successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Standard
Time within 30 days after the date of
publication of this notice. 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 those
raised in the respective case briefs.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 14, 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.
[FR Doc. 2018–27537 Filed 12–19–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–836]
Certain Cut-to-Length Carbon-Quality
Steel Plate Products From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers and/or exporters subject
to this administrative review made sales
of subject merchandise at less than
normal value. Interested parties are
invited to comment on these
preliminary results of review.
DATES: Applicable December 20, 2018.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Thomas Schauer, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–5760 or (202) 482–0410,
respectively.
khammond on DSK30JT082PROD with NOTICES
AGENCY:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:21 Dec 19, 2018
Jkt 247001
Background
On April 16, 2018, Commerce
initiated the administrative review of
the antidumping duty order on certain
cut-to-length carbon-quality steel plate
products (CTL plate) from the Republic
of Korea (Korea).1 The period of review
is February 1, 2017, through January 31,
2018.
at https://access.trade.gov and to all
parties in Commerce’s Central Records
Unit, located at room B8024 of the main
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/
index.html.
Scope of the Order
The products covered by the
antidumping duty order are certain CTL
plate. Imports of CTL plate are currently
classified 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, and 7226.99.0000. While
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description is dispositive. A
full description of the scope of the order
is contained in the Preliminary Decision
Memorandum.2
Pursuant to section 776(a) of the Act,
Commerce is preliminarily relying upon
facts otherwise available to calculate
certain expenses with respect to
Hyundai Steel in this review because
Hyundai Steel withheld necessary
information that was requested by
Commerce and failed to provide
verifiable information. Further,
Commerce preliminarily determines
that Hyundai Steel failed to cooperate
by not acting to the best of its ability to
comply with requests for information
and, thus, Commerce is applying
adverse facts available (AFA) to
Hyundai Steel, in accordance with
section 776(b) of the Act. For a full
description of the methodology
underlying our conclusions regarding
the application of AFA, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751 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. A list of the
topics included in the Preliminary
Decision Memorandum is included in
the Appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
16298, 16304 (April 16, 2018).
2 See the Memorandum, ‘‘Certain Cut-to-Length
Carbon-Quality Steel Plate Products from the
Republic of Korea: Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018,’’ dated
concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Adverse Facts Available
Preliminary Results of the
Administrative Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the respondents for the
period February 1, 2017, through
January 31, 2018.
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Dongkuk Steel Mill Co., Ltd ..
Hyundai Steel Company .......
1.43
4.19
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to the parties within five days after
public announcement of the preliminary
results in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.3 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
3 See
E:\FR\FM\20DEN1.SGM
19 CFR 351.309(d).
20DEN1
Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Notices
the issue, (2) a brief summary of the
argument, and (3) a table of authorities.4
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 document must be
received successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.5 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 those
raised in the respective case briefs.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
If a respondent’s weighted-average
dumping margin is above de minimis in
the final results of this review, we will
calculate an importer-specific
assessment rate based on the ratio of the
total amount of dumping calculated for
each importer’s examined sales and the
total entered value of the sales in
accordance with 19 CFR 351.212(b)(1).6
If a respondent’s weighted-average
dumping margin or an importer-specific
assessment rate is zero or de minimis in
the final results of review, we will
instruct U.S. Customs and Border
Protection (CBP) to liquidate the
appropriate entries without regard to
antidumping duties in accordance with
the Final Modification for Reviews.7 The
final results of this administrative
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise under review
and for future deposits of estimated
duties, where applicable.
For entries of subject merchandise
during the period of review produced by
Dongkuk Steel Mill Co., Ltd. or Hyundai
Steel Company for which they did not
know their merchandise was destined
4 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.310(c).
6 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
7 See Final Modification for Reviews, 77 FR at
8103. See also 19 CFR 351.106(c)(2).
khammond on DSK30JT082PROD with NOTICES
5 See
VerDate Sep<11>2014
17:21 Dec 19, 2018
Jkt 247001
for the United States, we will instruct
CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for
the intermediate company(ies) involved
in the transaction.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following cash deposit
requirements for estimated antidumping
duties will be effective upon publication
of the notice of final results of this
review for all shipments of CTL plate
from Korea entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for companies subject to
this review will be equal to the
weighted-average dumping margins
established in the final results of the
review; (2) for merchandise exported by
companies not covered in this review
but covered in a prior segment of this
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original investigation but the producer
is, the cash deposit rate will be the rate
established for the most recently
completed segment for the producer of
the merchandise; (4) the cash deposit
rate for all other producers or exporters
will continue to be 0.98 percent,8 the
all-others rate established in the lessthan-fair-value investigation, adjusted
for the export-subsidy rate in the
companion countervailing duty
investigation.
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
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 period
of review. 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.
8 See, e.g., Certain Cut-to-Length Carbon-Quality
Steel Plate Products From the Republic of Korea:
Final Results of Antidumping Duty Administrative
Review; 2016–2017, 83 FR 32629, 32630 (July 13,
2018).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
65349
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(4).
Dated: December 14, 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
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
A. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
B. Product Comparisons
C. Date of Sale
D. Level of Trade/CEP Offset
E. Affiliated Service Providers
F. Export Price and Constructed Export
Price
1. Dongkuk
2. Hyundai Steel
G. Normal Value
1. Overrun Sales
2. Selection of Comparison Market
3. Affiliated Parties
4. Affiliated Party Transactions and Arm’sLength Test
5. Cost of Production
6. Calculation of Normal Value Based on
Comparison Market Prices
V. Currency Conversion
VI. Recommendation
[FR Doc. 2018–27536 Filed 12–19–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Limitation of Duty-Free Imports of
Apparel Articles Assembled in Haiti
Under the Caribbean Basin Economic
Recovery Act (CBERA), as Amended
by the Haitian Hemispheric
Opportunity Through Partnership
Encouragement Act (HOPE)
International Trade
Administration, Department of
Commerce.
ACTION: Notification of Annual
Quantitative Limit on Imports of Certain
Apparel from Haiti.
AGENCY:
CBERA, as amended,
provides duty-free treatment for certain
apparel articles imported directly from
Haiti. One of the preferences is known
as the ‘‘value-added’’ provision, which
requires that apparel meet a minimum
SUMMARY:
E:\FR\FM\20DEN1.SGM
20DEN1
]]>Agencies
[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Notices]
[Pages 65348-65349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27536]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate Products From
the Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value. Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable December 20, 2018.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Thomas Schauer, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone (202) 482-5760 or (202) 482-
0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 16, 2018, Commerce initiated the administrative review of
the antidumping duty order on certain cut-to-length carbon-quality
steel plate products (CTL plate) from the Republic of Korea (Korea).\1\
The period of review is February 1, 2017, through January 31, 2018.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 16298, 16304 (April 16, 2018).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the antidumping duty order are certain CTL
plate. Imports of CTL plate are currently classified 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, and
7226.99.0000. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description is dispositive. A full
description of the scope of the order is contained in the Preliminary
Decision Memorandum.\2\
---------------------------------------------------------------------------
\2\ See the Memorandum, ``Certain Cut-to-Length Carbon-Quality
Steel Plate Products from the Republic of Korea: Decision Memorandum
for Preliminary Results of Antidumping Duty Administrative Review;
2017-2018,'' dated concurrently with and hereby adopted by this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section 751
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. A list of the
topics included in the Preliminary Decision Memorandum is included in
the Appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 Commerce's Central
Records Unit, located at room B8024 of the main Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at https://enforcement.trade.gov/frn/.
Adverse Facts Available
Pursuant to section 776(a) of the Act, Commerce is preliminarily
relying upon facts otherwise available to calculate certain expenses
with respect to Hyundai Steel in this review because Hyundai Steel
withheld necessary information that was requested by Commerce and
failed to provide verifiable information. Further, Commerce
preliminarily determines that Hyundai Steel failed to cooperate by not
acting to the best of its ability to comply with requests for
information and, thus, Commerce is applying adverse facts available
(AFA) to Hyundai Steel, in accordance with section 776(b) of the Act.
For a full description of the methodology underlying our conclusions
regarding the application of AFA, see the Preliminary Decision
Memorandum.
Preliminary Results of the Administrative Review
We preliminarily determine that the following weighted-average
dumping margins exist for the respondents for the period February 1,
2017, through January 31, 2018.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd............................. 1.43
Hyundai Steel Company................................... 4.19
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to the parties within five days after public
announcement of the preliminary results in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs not later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\3\ Parties who submit case briefs or rebuttal briefs in
this proceeding are encouraged to submit with each argument: (1) A
statement of
[[Page 65349]]
the issue, (2) a brief summary of the argument, and (3) a table of
authorities.\4\
---------------------------------------------------------------------------
\3\ See 19 CFR 351.309(d).
\4\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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 document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS, by
5:00 p.m. Eastern Time within 30 days after the date of publication of
this notice.\5\ 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
those raised in the respective case briefs. Commerce intends to issue
the final results of this administrative review, including the results
of its analysis of the issues raised in any written briefs, not later
than 120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Assessment Rates
If a respondent's weighted-average dumping margin is above de
minimis in the final results of this review, we will calculate an
importer-specific assessment rate based on the ratio of the total
amount of dumping calculated for each importer's examined sales and the
total entered value of the sales in accordance with 19 CFR
351.212(b)(1).\6\ If a respondent's weighted-average dumping margin or
an importer-specific assessment rate is zero or de minimis in the final
results of review, we will instruct U.S. Customs and Border Protection
(CBP) to liquidate the appropriate entries without regard to
antidumping duties in accordance with the Final Modification for
Reviews.\7\ The final results of this administrative review shall be
the basis for the assessment of antidumping duties on entries of
merchandise under review and for future deposits of estimated duties,
where applicable.
---------------------------------------------------------------------------
\6\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\7\ See Final Modification for Reviews, 77 FR at 8103. See also
19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For entries of subject merchandise during the period of review
produced by Dongkuk Steel Mill Co., Ltd. or Hyundai Steel Company for
which they did not know their merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective upon publication of the notice of final
results of this review for all shipments of CTL plate from Korea
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided by section 751(a)(2) of the Act: (1)
The cash deposit rate for companies subject to this review will be
equal to the weighted-average dumping margins established in the final
results of the review; (2) for merchandise exported by companies not
covered in this review but covered in a prior segment of this
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 0.98 percent,\8\ the all-
others rate established in the less-than-fair-value investigation,
adjusted for the export-subsidy rate in the companion countervailing
duty investigation.
---------------------------------------------------------------------------
\8\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate
Products From the Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2016-2017, 83 FR 32629, 32630 (July 13,
2018).
---------------------------------------------------------------------------
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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 period of review. 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) of the Act and 19 CFR 351.221(b)(4).
Dated: December 14, 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
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
A. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
B. Product Comparisons
C. Date of Sale
D. Level of Trade/CEP Offset
E. Affiliated Service Providers
F. Export Price and Constructed Export Price
1. Dongkuk
2. Hyundai Steel
G. Normal Value
1. Overrun Sales
2. Selection of Comparison Market
3. Affiliated Parties
4. Affiliated Party Transactions and Arm's-Length Test
5. Cost of Production
6. Calculation of Normal Value Based on Comparison Market Prices
V. Currency Conversion
VI. Recommendation
[FR Doc. 2018-27536 Filed 12-19-18; 8:45 am]
BILLING CODE 3510-DS-P
