Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final Results of Countervailing Duty Administrative Review, 2016, 24087-24089 [2019-10933]
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Federal Register / Vol. 84, No. 101 / Friday, May 24, 2019 / Notices
Non-Examined Companies’’ section,
above.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by SeAH, NEXTEEL, or the
non-examined companies for which the
producer did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.15
As noted in the ‘‘Final Determination
of No Shipments’’ section, above,
Commerce will instruct CBP to liquidate
any existing entries of merchandise
produced by but exported by other
parties, at the rate for the intermediate
reseller, if available, or at the all-others
rate.
khammond on DSKBBV9HB2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of 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entered, or withdrawn from warehouse,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
for by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for the
companies listed in these final results
will be equal to the weighted-average
dumping margins established in the
final results of this review; (2) for
merchandise exported by producers or
exporters 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 recently
completed segment in which the
company was reviewed; (3) if the
exporter is not a firm covered in this
review or the original less-than-fairvalue (LTFV) 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 subject
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 5.24 percent,16 the
all-others rate established in the LTFV
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
15 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
16 See Certain Oil Country Tubular Goods from
the Republic of Korea: Notice of Court Decision Not
in Harmony with Final Determination, 81 FR 59603
(August 30, 2016).
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18:10 May 23, 2019
Jkt 247001
Notification to Importers
This notice serves as a final 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
Regarding Administrative Protective
Order
This notice also serves as the only
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), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or 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 this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h).
Dated: May 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Rate for Non-Examined Companies
VI. Discussion of the Issues
General Issues
Comment 1: Particular Market Situation
Comment 2: Calculation of Constructed
Value Profit
Comment 3: Differential Pricing
SeAH-Specific Issues
Comment 4: Freight Revenue Cap
Comment 5: Interest Income Offset
Comment 6: Calculation of General and
Administrative Expenses Incurred by
SeAH’s U.S. Affiliate
Comment 7: Treatment of Cost Variances for
a Single Production Order Produced
During POR and Non-POR Periods
Comment 8: Inventory Valuation Loss
Comment 9: Penalties Expense
NEXTEEL-Specific Issues
Comment 10: NEXTEEL–POSCO Affiliation
PO 00000
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Fmt 4703
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24087
Comment 11: Resales of Subject Merchandise
Comment 12: Non-Prime Products
Comment 13: Warranty Expense Calculation
Comment 14: Reported Grade
Comment 15: Suspended Production Losses
Comment 16: Coil Scrap Offset
Comment 17: Pipe Scrap Offset
VIII. Recommendation
Appendix II—List of Companies Not
Individually Examined
AJU Besteel Co., Ltd.
BDP International
Daewoo International Corporation
Daewoo America
Dong-A Steel Co. Ltd.
Dong Yang Steel Pipe
Dongbu Incheon Steel
DSEC
Erndtebruecker Eisenwerk and Company
Hansol Metal
Husteel Co., Ltd.
HYSCO
Hyundai RB
Hyundai Steel Co., Ltd.
Hyundai Steel Company 17
ILJIN Steel Corporation
Jim And Freight Co., Ltd.
Kia Steel Co. Ltd.
KSP Steel Company
Kukje Steel
Kurvers
POSCO Daewoo Corporation
POSCO Daewoo America
Steel Canada
Sumitomo Corporation
TGS Pipe
Yonghyun Base Materials
ZEECO Asia
[FR Doc. 2019–10935 Filed 5–23–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–882]
Certain Cold-Rolled Steel Flat Products
From the Republic of Korea: Final
Results of Countervailing Duty
Administrative Review, 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Hyundai
Steel Co., Ltd. (Hyundai Steel) and
POSCO, producers and/or exporters of
certain cold-rolled steel flat products
AGENCY:
17 On September 21, 2016, Commerce published
the final results of a changed circumstances review
with respect to OCTG from Korea, finding that
Hyundai Steel Corporation is the successor-ininterest to Hyundai HYSCO for purposes of
determining antidumping duty cash deposits and
liabilities. See Notice of Final Results of
Antidumping Duty Changed Circumstances Review:
Oil Country Tubular Goods from the Republic of
Korea, 81 FR 64873 (September 21, 2016). Hyundai
Steel Corporation is also known as Hyundai Steel
Company and Hyundai Steel Co. Ltd.
E:\FR\FM\24MYN1.SGM
24MYN1
24088
Federal Register / Vol. 84, No. 101 / Friday, May 24, 2019 / Notices
(cold-rolled steel) from the Republic of
Korea (Korea), received countervailable
subsidies during the period of review
(POR), July 29, 2016, through December
31, 2016.
DATES: Applicable May 24, 2019.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas or Tyler Weinhold, 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) 482–3813 and (202) 482–1121,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the preliminary
results of this administrative review of
cold-rolled steel from Korea on March
12, 2018.1 For a history of events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.2
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 On March 13, 2019, Commerce
extended the deadline for the final
results of this administrative review.
The revised deadline for the final results
of this administrative review is now
May 17, 2019.4
Commerce conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
khammond on DSKBBV9HB2PROD with NOTICES
Scope of the Order
The merchandise covered by the order
is certain cold-rolled steel flat products.
For a complete description of the scope
of the order, see attachment to the Issues
and Decision Memorandum.
1 See Certain Cold-Rolled Steel Flat Products from
the Republic of Korea: Preliminary Results of
Countervailing Duty Administrative Review, 2016,
83 FR 51446 (October 11, 2018) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Countervailing Duty
Administrative Review, 2016: Certain Cold-Rolled
Steel Flat Products from the Republic of Korea,’’
dated concurrently with this determination and
hereby adopted by this notice (Issues and Decision
Memorandum).
3 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 See Memorandum, ‘‘Certain Cold Rolled Steel
Flat Products from the Republic of Korea: Extension
of Deadline for Final Results of Countervailing Duty
Administrative Review,’’ dated March 13, 2019.
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18:10 May 23, 2019
Jkt 247001
Analysis of Comments Received
All issues raised in interested parties’
case briefs are addressed in the Issues
and Decision Memorandum. The issues
are identified 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.
Changes Since the Preliminary Results
Based on the comments received from
the interested parties and information
received from Hyundai Steel after the
Preliminary Results, we made changes
to the net subsidy rates calculated for
the mandatory respondents. For a
discussion of these issues, see the Issues
and Decision Memorandum.
Companies Not Selected for Individual
Review
For the companies not selected for
individual review, because the rates
calculated for Hyundai Steel and
POSCO were above de minimis and not
based entirely on facts available, we
applied a subsidy rate based on a
weighted-average of the subsidy rates
calculated for Hyundai Steel and
POSCO using publicly ranged sales data
submitted by the respondents. This is
consistent with the methodology that
we would use in an investigation to
establish the all-others rate, pursuant to
section 705(c)(5)(A) of the Act.
Company
Union Steel Co., Ltd .............
POSCO .................................
Hyundai Steel Co., Ltd .........
Dongbu Steel Co., Ltd ..........
Dongbu Incheon Steel Co.,
Ltd .....................................
Dongkuk Steel Mill Co., Ltd ..
Dongkuk Industries Co., Ltd
Hyuk San Profile Co., Ltd .....
Taihan Electric Wire Co., Ltd
PO 00000
Frm 00014
Fmt 4703
0.57
Disclosure
Commerce intends to disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rate
Pursuant to 19 CFR 351.212(b)(2),
Commerce intends to issue appropriate
instructions to U.S. Customs and Border
Protection (CBP) 15 days after
publication of the final results of this
review. We will instruct CBP to
liquidate shipments of subject
merchandise produced and/or exported
by the companies listed above, entered,
or withdrawn from warehouse for
consumption, from July 29, 2016,
through December 31, 2016, at the ad
valorem rates listed above.
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 the companies listed in
these final results will be equal to the
subsidy rates established in the final
results of this review; (2) for all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits at the
most-recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
Subsidy rate
disclosed under APO in accordance
(percent ad
with 19 CFR 351.305(a)(3), which
valorem)
continues to govern business
0.55 proprietary information in this segment
0.58 of the proceeding. Timely written
0.57 notification of the return or destruction
of APO materials, or conversion to
0.57
0.57 judicial protective order is hereby
0.57 requested. Failure to comply with the
0.57 regulations and the terms of an APO is
0.57 a sanctionable violation.
Final Results of Administrative Review
We determine that, for the period of
July 29, 2016, through December 31,
2016, the following total estimated net
countervailable subsidy rates exist:
Company
Subsidy rate
(percent ad
valorem)
Sfmt 4703
E:\FR\FM\24MYN1.SGM
24MYN1
Federal Register / Vol. 84, No. 101 / Friday, May 24, 2019 / Notices
Notification to Interested Parties
DEPARTMENT OF COMMERCE
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
International Trade Administration
Dated: May 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Discussion of Comments
Comment 1: Whether Commerce Should
Apply AFA for POSCO and Hyundai
Steel’s Failure to Retain AUL Records for
Acquired Companies
Comment 2: Whether POSCO Energy is
POSCO’s Cross-Owned Input Supplier
Comment 3: Whether to Treat POSCO
Chemtech’s Deferred Tax Liabilities
Under Restriction of Special Taxation
Act (RSTA) Article 9 as an Interest-Free
Contingent Liability Loan
Comment 4: Which of POSCO’s Reported
Benchmark Loans to Use as Benchmarks
for POSCO’s KEXIM Loans
Comment 5: Whether POSCO’s Equipment
Loans from the KDB are Covered by the
Previously Countervailed Program
‘‘Korea Development Bank (KDB) and
Other Policy Banks’ Short-Term
Discounted Loans for Export
Receivables’’
Comment 6: Whether to Use the GOK
Short-Term Bond Interest Rate or IMF
Statistic as a Short-Term Interest Rate
Benchmark for POSCO’s Short-Term
KDB Loans
Comment 7: Various Alleged Errors in the
Preliminary Calculations for POSCO
Comment 8: Whether Hyundai Green
Power is Hyundai Steel’s Cross-Owned
Input Supplier
Comment 9: Whether Commerce Should
Countervail Benefits Received by SPP
Yulchon Energy
Comment 10: Whether Suncheon Harbor
Usage Fee Exemptions Under the Harbor
Act Are Countervailable
IX. Recommendation
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BILLING CODE 3510–DS–P
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18:10 May 23, 2019
Jkt 247001
Vertical Metal File Cabinets From the
People’s Republic of China: Initiation
of Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 20, 2019.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang at (202) 482–5484, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
[FR Doc. 2019–10933 Filed 5–23–19; 8:45 am]
[C–570–111]
The Petition
On April 30, 2019, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition (Petition) concerning imports of
vertical metal file cabinets (file cabinets)
from the People’s Republic of China
(China) filed in proper form on behalf of
Hirsh Industries LLC (the petitioner).1
The CVD Petition was accompanied by
an antidumping duty (AD) Petition
concerning imports of file cabinets from
China.
Between May 2 and 15, 2019,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.2 The petitioner filed
responses to this request on May 6 and
16, 2019.3
1 See Petitioner’s Letter, ‘‘Vertical Metal File
Cabinets from the People’s Republic of China—
Petition for the Imposition of Antidumping and
Countervailing Duties,’’ dated April 30, 2019 (the
Petition).
2 See Commerce’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Vertical Metal File Cabinets
from the People’s Republic of China: Supplemental
Questions,’’ dated May 2, 2019 (General Issues
Supplemental Questionnaire); Petitioner’s Letter,
‘‘Petition for the Imposition of Countervailing
Duties on Imports of Vertical Metal File Cabinets
from the People’s Republic of China: Supplemental
Questions,’’ dated May 2, 2019 (CVD Supplemental
Questionnaire); see also Memoranda, ‘‘Phone Call
with Counsel to the Petitioner,’’ dated May 8, 2019
(May 8, 2019 Memorandum); and, ‘‘Phone Calls
with Counsel to the Petitioner,’’ dated May 15, 2019
(May 15, 2019 Memorandum)..
3 See Petitioner’s Letters, ‘‘Vertical Metal File
Cabinets from the People’s Republic of China—
Petitioner’s Supplement to Volume I Relating to
General Issues,’’ dated May 6, 2019 (General Issues
Supplement); ‘‘Vertical Metal File Cabinets from the
People’s Republic of China: Petitioner’s
Supplement to Volume III Relating to China
Countervailing Duties,’’ dated May 6, 2019 (CVD
Supplement); ‘‘Vertical Metal File Cabinets from the
People’s Republic of China—Petitioner’s 2nd
Supplement to Volume I Relating to General
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
24089
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of file
cabinets in China, and that such imports
are materially injuring, or threatening
material injury to, the domestic industry
producing file cabinets in the United
States. Consistent with section 702(b)(1)
of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are
initiating a CVD investigation, the
Petition is accompanied by information
reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner
filed this Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigation.4
Period of Investigation
Because the Petition was filed on
April 30, 2019, the period of
investigation (POI) is January 1, 2018,
through December 31, 2018.
Scope of the Investigation
The merchandise covered by this
investigation is file cabinets from China.
For a full description of the scope of this
investigation, see the Appendix to this
notice.
Comments on Scope of the Investigation
During our review of the Petition, we
contacted the petitioner regarding the
proposed scope to ensure that the scope
language in the Petition is an accurate
reflection of the products for which the
domestic industry is seeking relief.5 As
a result, the scope of the Petition was
modified to clarify the description of the
merchandise covered by the Petition.
The description of the merchandise
covered by this investigation, as
described in the Appendix to this
notice, reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
Issues,’’ dated May 9, 2019 (Second General Issues
Supplement); and, ‘‘Vertical Metal File Cabinets
from the People’s Republic of China—Petitioner’s
3rd Supplement to Volume I Relating to General
Issues,’’ dated May 16, 2019 (Third General Issues
Supplement).
4 See ‘‘Determination of Industry Support for the
Petition’’ section, infra.
5 See General Issues Supplement; see also May 8,
2019 Memorandum; Second General Issues
Supplement; May 15, 2019 Memorandum; Third
General Issues Supplement.
E:\FR\FM\24MYN1.SGM
24MYN1
Agencies
[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Notices]
[Pages 24087-24089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10933]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-882]
Certain Cold-Rolled Steel Flat Products From the Republic of
Korea: Final Results of Countervailing Duty Administrative Review, 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Hyundai
Steel Co., Ltd. (Hyundai Steel) and POSCO, producers and/or exporters
of certain cold-rolled steel flat products
[[Page 24088]]
(cold-rolled steel) from the Republic of Korea (Korea), received
countervailable subsidies during the period of review (POR), July 29,
2016, through December 31, 2016.
DATES: Applicable May 24, 2019.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Tyler Weinhold, 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) 482-3813 and (202)
482-1121, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the preliminary results of this administrative
review of cold-rolled steel from Korea on March 12, 2018.\1\ For a
history of events that occurred since the Preliminary Results, see the
Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review, 2016, 83 FR 51446 (October 11, 2018)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review, 2016: Certain
Cold-Rolled Steel Flat Products from the Republic of Korea,'' dated
concurrently with this determination and hereby adopted by this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\3\ On March 13, 2019,
Commerce extended the deadline for the final results of this
administrative review. The revised deadline for the final results of
this administrative review is now May 17, 2019.\4\
---------------------------------------------------------------------------
\3\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\4\ See Memorandum, ``Certain Cold Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Final Results
of Countervailing Duty Administrative Review,'' dated March 13,
2019.
---------------------------------------------------------------------------
Commerce conducted this review in accordance with section 751(a) of
the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by the order is certain cold-rolled steel
flat products. For a complete description of the scope of the order,
see attachment to the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum. The issues are identified 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.
Changes Since the Preliminary Results
Based on the comments received from the interested parties and
information received from Hyundai Steel after the Preliminary Results,
we made changes to the net subsidy rates calculated for the mandatory
respondents. For a discussion of these issues, see the Issues and
Decision Memorandum.
Companies Not Selected for Individual Review
For the companies not selected for individual review, because the
rates calculated for Hyundai Steel and POSCO were above de minimis and
not based entirely on facts available, we applied a subsidy rate based
on a weighted-average of the subsidy rates calculated for Hyundai Steel
and POSCO using publicly ranged sales data submitted by the
respondents. This is consistent with the methodology that we would use
in an investigation to establish the all-others rate, pursuant to
section 705(c)(5)(A) of the Act.
Final Results of Administrative Review
We determine that, for the period of July 29, 2016, through
December 31, 2016, the following total estimated net countervailable
subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
POSCO................................................... 0.55
Hyundai Steel Co., Ltd.................................. 0.58
Dongbu Steel Co., Ltd................................... 0.57
Dongbu Incheon Steel Co., Ltd........................... 0.57
Dongkuk Steel Mill Co., Ltd............................. 0.57
Dongkuk Industries Co., Ltd............................. 0.57
Hyuk San Profile Co., Ltd............................... 0.57
Taihan Electric Wire Co., Ltd........................... 0.57
Union Steel Co., Ltd.................................... 0.57
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
Pursuant to 19 CFR 351.212(b)(2), Commerce intends to issue
appropriate instructions to U.S. Customs and Border Protection (CBP) 15
days after publication of the final results of this review. We will
instruct CBP to liquidate shipments of subject merchandise produced
and/or exported by the companies listed above, entered, or withdrawn
from warehouse for consumption, from July 29, 2016, through December
31, 2016, at the ad valorem rates listed above.
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 the companies listed in these final results will
be equal to the subsidy rates established in the final results of this
review; (2) for all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits at the most-recent company-specific
or all-others rate applicable to the company, as appropriate. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Notification Regarding Administrative Protective Order
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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or 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.
[[Page 24089]]
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: May 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Discussion of Comments
Comment 1: Whether Commerce Should Apply AFA for POSCO and
Hyundai Steel's Failure to Retain AUL Records for Acquired Companies
Comment 2: Whether POSCO Energy is POSCO's Cross-Owned Input
Supplier
Comment 3: Whether to Treat POSCO Chemtech's Deferred Tax
Liabilities Under Restriction of Special Taxation Act (RSTA) Article
9 as an Interest-Free Contingent Liability Loan
Comment 4: Which of POSCO's Reported Benchmark Loans to Use as
Benchmarks for POSCO's KEXIM Loans
Comment 5: Whether POSCO's Equipment Loans from the KDB are
Covered by the Previously Countervailed Program ``Korea Development
Bank (KDB) and Other Policy Banks' Short-Term Discounted Loans for
Export Receivables''
Comment 6: Whether to Use the GOK Short-Term Bond Interest Rate
or IMF Statistic as a Short-Term Interest Rate Benchmark for POSCO's
Short-Term KDB Loans
Comment 7: Various Alleged Errors in the Preliminary
Calculations for POSCO
Comment 8: Whether Hyundai Green Power is Hyundai Steel's Cross-
Owned Input Supplier
Comment 9: Whether Commerce Should Countervail Benefits Received
by SPP Yulchon Energy
Comment 10: Whether Suncheon Harbor Usage Fee Exemptions Under
the Harbor Act Are Countervailable
IX. Recommendation
[FR Doc. 2019-10933 Filed 5-23-19; 8:45 am]
BILLING CODE 3510-DS-P