Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016-2018, 34119-34121 [2019-15196]
Download as PDF
<![CDATA[
jbell on DSK3GLQ082PROD with NOTICES
Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Notices
activities to prevent or reduce damage;
and
6. Coordinate with Canada and
Mexico to establish a collaborative plan
to address the feral swine threat along
the common borders.
The NRCS actions under section 2408
of the 2018 Farm Bill are narrower than
the scope of the larger APHIS effort
defined in the FEIS and are limited to
providing financial assistance
specifically for outreach, training,
equipment, and operations for feral
swine trapping, consistent with APHIS
technical standards. Subsequent actions,
including disposal, are the
responsibility of those carrying out the
trapping activities, and must occur
consistent with all associated federal,
state, and local laws. These actions are
fully covered by the FEIS Alternative 2,
which was considered by APHIS to be
the environmentally preferable and
preferred alternative. NRCS has
determined that these actions are
substantially the same those analyzed in
the 2015 Feral Swine Damage
Management: A National Approach—
Final Environmental Impact Statement,
and is circulating the statement in Final
form. For its proposed action, NRCS
also has determined that Alternative 2
would be environmentally preferable
and preferred.
Section 2408 of the 2018 Farm Bill
requires that NRCS establish this effort
as a pilot program. The specific
locations chosen by NRCS for this pilot
are based on the severity of damage.
NRCS has determined that 11 states,
where APHIS has determined feral
swine population densities and
corresponding associated damages are
highest, will be the target of the initial
NRCS pilot effort. These 11 states are:
Alabama, Arkansas, California,1 Florida,
Georgia, Louisiana, Mississippi, North
Carolina, Oklahoma, South Carolina,
and Texas. NRCS may consider
expanding beyond these 11 pilot states,
consistent with the nationwide scope of
the FEIS. NRCS and APHIS will
collaborate through State technical
committees to identify projects under
the pilot program and will do so in a
way that places a priority where feral
swine are a significant threat to
agriculture, native ecosystems, or
human or animal health.
Prior to recommending adoption,
NRCS completed an internal checklist,
titled ‘‘NEPA Supplementation Review
and Documentation Checklist,’’ as
required by its National Environmental
Compliance Handbook. It was
determined that the FEIS does not need
to be supplemented prior to adoption.
1 California
chose not to participate at this time.
VerDate Sep<11>2014
18:05 Jul 16, 2019
Jkt 247001
Further, the FEIS evaluated five
alternatives, incorporated mitigation
into those alternatives, and included a
comprehensive evaluation of
environmental impacts. Given this,
NRCS has determined the FEIS
adequately covers NRCS’ proposed
action, as encompassed by section 2408
of the 2018 Farm Bill, and has,
therefore, proposed its adoption. An
associated decision will not be made
earlier than 30 days following the
publication of this notice in the Federal
Register.
NRCS requests feedback from the
public, other agencies, tribes, and other
interested parties on the proposal to
adopt the APHIS FEIS, the FEIS itself,
and any associated issues and concerns.
Kevin Norton,
Acting Associate Chief, Natural Resources
Conservation Service.
[FR Doc. 2019–15211 Filed 7–16–19; 8:45 am]
BILLING CODE 3410–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–887]
Carbon and Alloy Steel Cut-to-Length
Plate From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2016–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the POSCO single entity and eleven
non-examined companies made sales of
subject merchandise at less than normal
value (NV) during the period of review
(POR) November 14, 2016 through April
30, 2018. Interested parties are invited
to comment on these preliminary results
of review.
DATES: Applicable July 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Michael Bowen or William Horn, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0768 or
(202) 482–4868, respectively.
AGENCY:
Scope of the Order
The products covered by the order are
certain carbon and alloy steel hot-rolled
or forged flat plate products not in coils,
whether or not painted, varnished, or
coated with plastics or other non-
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
34119
metallic substances from the Republic of
Korea. Products subject to the order are
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item numbers:
7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
7211.13.0000, 7211.14.0030,
7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005,
7225.40.3050, 7226.20.0000, and
7226.91.5000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to this scope is dispositive.1
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2018, based on a timely
request for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review on certain carbon
and alloy steel cut-to-length plate from
the Republic of Korea for fourteen
companies.2 We selected POSCO/
POSCO Daewoo Corporation as the
mandatory respondent because it was
the only company under review that
had entries of subject merchandise
during the POR.3 In December 2018, we
extended the preliminary results of this
review to no later than May 1, 2019.4
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,
2019.5 In June 2019, we extended the
preliminary results of this review to no
later than July 10, 2019.6 For a complete
1 For a full description of the scope of the order
see Memorandum, ‘‘Decision Memorandum for the
Preliminary Results of the 2016–2018
Administrative Review: Certain Carbon and Alloy
Steel Cut-To-Length Plate from the Republic of
Korea,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
32273 (July 12, 2018).
3 See Memorandum, ‘‘Administrative Review of
Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea: Respondent Selection’’ dated
October 4, 2018.
4 See Memorandum, ‘‘Carbon and Alloy Steel CutTo-Length Plate from the Republic of Korea:
Extension of the Deadline for Preliminary Results
of the Antidumping Duty Administrative Review;
2016–2018,’’ dated December 17, 2018.
5 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.
6 See Memorandum, ‘‘Carbon and Alloy Steel CutTo-Length Plate from the Republic of Korea:
E:\FR\FM\17JYN1.SGM
Continued
17JYN1
34120
Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Notices
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Export price and
constructed export price are calculated
in accordance with section 772 of the
Act. NV is calculated in accordance
with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and it is
available to all parties in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://
enforcement.trade.gov/frn/index.htm.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
Appendix to this notice.
Exporter/producer
Buma Ce Co., Ltd. ......................
Dong Yang Steel Pipe Co., Ltd.
Dongkuk Steel Mill Co., Ltd. .......
Expeditors Korea Ltd. .................
Haem Co., Ltd. ...........................
Hyundai Glovis Co., Ltd. ............
Hyundai Steel Company .............
J.I. Sea & Air Express Co., Ltd.
Maxpeed Co., Ltd. ......................
Rames Logistics Co., Ltd. ..........
Sumitomo Corp. Korea Ltd. ........
Weightedaverage
dumping
margin
(percent)
20.09
20.09
20.09
20.09
20.09
20.09
20.09
20.09
20.09
20.09
20.09
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days of the
date of publication of this notice.10
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.11
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.12 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.13 Case and rebuttal briefs
should be filed using ACCESS.14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
Preliminary Results of the Review
hearing must submit a written request to
As a result of this review, Commerce
the Assistant Secretary for Enforcement
preliminarily determines that the
and Compliance, U.S. Department of
following weighted-average dumping
Commerce, filed electronically via
margin exists for the period November
ACCESS within 30 days after the date of
14, 2016 through April 30, 2018: 7
publication of this notice.15 Hearing
requests should contain: (1) The party’s
Weighted- name, address, and telephone number;
average
(2) the number of participants; and (3)
Exporter or producer
dumping
a list of issues to be discussed. Issues
margin
(percent)
raised in the hearing will be limited to
issues raised in the briefs. If a request
POSCO single entity 8 ................
20.09
for a hearing is made, parties will be
notified of the time and date for the
Review-Specific Average Rate
hearing to be held at the U.S.
Applicable to the Following
Department of Commerce, 1401
9
Companies:
Constitution Avenue NW, Washington,
DC 20230.16
Extension of the Deadline for Preliminary Results
An electronically-filed document
of the Antidumping Duty Administrative Review;
must be received successfully in its
2016–2018,’’ dated June 3, 2019.
7 See
Preliminary Decision Memorandum
is preliminarily determining that
POSCO, POSCO Daewoo Corporation, POSCO
Processing and Service Co., Ltd. and certain
distributors and service centers are affiliated
pursuant to section 771(33)(E) of the Act, and
further that these companies should be treated as
a single entity (collectively, the POSCO single
entity) pursuant to 19 CFR 351.401(f). See
Preliminary Decision Memorandum.
9 This rate is based on the rates for the
respondents that were selected for individual
jbell on DSK3GLQ082PROD with NOTICES
8 Commerce
VerDate Sep<11>2014
18:05 Jul 16, 2019
Jkt 247001
review, excluding rates that are zero, de minimis or
based entirely on facts available. See section
735(c)(5)(A) of the Act.
10 See 19 CFR 351.224(b).
11 See 19 CFR 351.309(c)(1)(ii).
12 See 19 CFR 351.309(d).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See 19 CFR 351.303.
15 See 19 CFR 351.310(c).
16 See 19 CFR 351.310(d).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
entirety by ACCESS by 5 p.m. Eastern
Time on the established deadline.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice, unless
otherwise extended.17
Assessment Rates
Upon publication of the final results
of this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.18
Pursuant to 19 CFR 351.212(b)(1),
where the respondents reported the
entered value of its U.S. sales, we will
calculate importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of such sales. Where
the respondent did not report entered
value, we will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for the importer’s examined
sales and the total quantity of those
sales, in accordance with 19 CFR
351.212(b)(1).19 We will also calculate
(estimated) ad valorem importerspecific assessment rates with which to
assess whether the per-unit assessment
rate is de minimis. We will instruct CBP
to assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific ad
valorem assessment rate calculated in
the final results of this review is not
zero or de minimis. Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer-specific ad
valorem assessment rate is zero or de
minimis,20 we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
We intend to instruct CBP to take into
account the ‘‘provisional measures
deposit cap,’’ in accordance with 19
CFR 351.212(d).
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
weighted-average dumping margin
calculated for the POSCO single entity.
17 See
section 751(a)(3)(A) of the Act.
19 CFR 351.212(b)(1).
19 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
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
20 See 19 CFR 351.106(c)(2).
18 See
E:\FR\FM\17JYN1.SGM
17JYN1
Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Notices
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
Commerce’s ‘‘reseller policy’’ will
apply to entries of subject merchandise
during the POR produced by the POSCO
single entity for which the POSCO
single entity did not know that the
merchandise it sold to the intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States. In such instances, 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.21
We intend to issue instructions to
CBP 15 days after the date of
publication of the final results of this
review.
Cash Deposit Requirements
jbell on DSK3GLQ082PROD with NOTICES
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for the POSCO single
entity and all other companies subject to
this review will be equal to the
weighted-average dumping margin
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment; (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 cash deposit rate established for the
most recently completed segment for the
producer of the merchandise; and (4)
the cash deposit rate for all other
producers or exporters will continue to
be 7.39 percent, the all-others rate
established in the LTFV investigation.22
21 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
22 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
VerDate Sep<11>2014
18:05 Jul 16, 2019
Jkt 247001
These 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
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: July 10, 2019.
Jeffrey I. Kessler,
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. Companies Not Selected for Individual
Examination
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2019–15196 Filed 7–16–19; 8:45 a.m.]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-toLength Plate From Italy: Preliminary
Results of Antidumping Duty
Administrative Review; 2016–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the producers/exporters subject to
this administrative review made sales of
subject merchandise at less than normal
value (NV). Interested parties are invited
to comment on these preliminary results
of review.
AGENCY:
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096, 24098 (May 25, 2017).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
DATES:
34121
Applicable July 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or David Crespo, 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) 482–4682 or (202) 482–3693,
respectively.
Scope of the Order
The products covered by the order are
certain carbon and alloy steel hot-rolled
or forged flat plate products not in coils,
whether or not painted, varnished, or
coated with plastics or other nonmetallic substances from Italy. Products
subject to the order are currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers: 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7225.40.1110, 7225.40.1180,
7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to this scope is
dispositive.1
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2018, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review on certain carbon
and alloy steel cut-to-length plate from
Italy.2 This review covers 10 producers
and exporters of the subject
merchandise. Commerce selected two
companies, NLMK Verona SpA (NVR)
and Officine Tecnosider s.r.l. (OTS), for
individual examination. The producers
and or exporters not selected for
individual examination are listed in the
‘‘Preliminary Results of the Review’’
section of this notice.
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018 through the
1 For a full description of the scope of the order,
see Memorandum, ‘‘Decision Memorandum for the
Preliminary Results of the 2016–2018
Administrative Review of the Antidumping Duty
Order on Certain Carbon and Alloy Steel Cut-ToLength Plate from Italy,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
32270 (July 12, 2018), as corrected by Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 45596 (September
10, 2018).
E:\FR\FM\17JYN1.SGM
17JYN1
]]>Agencies
[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Notices]
[Pages 34119-34121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15196]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-887]
Carbon and Alloy Steel Cut-to-Length Plate From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review;
2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the POSCO single entity and eleven non-examined companies made
sales of subject merchandise at less than normal value (NV) during the
period of review (POR) November 14, 2016 through April 30, 2018.
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable July 17, 2019.
FOR FURTHER INFORMATION CONTACT: Michael Bowen or William Horn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0768 or (202)
482-4868, respectively.
Scope of the Order
The products covered by the order are certain carbon and alloy
steel hot-rolled or forged flat plate products not in coils, whether or
not painted, varnished, or coated with plastics or other non-metallic
substances from the Republic of Korea. Products subject to the order
are currently classified in the Harmonized Tariff Schedule of the
United States (HTSUS) under item numbers: 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005,
7225.40.3050, 7226.20.0000, and 7226.91.5000. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise subject to this scope is
dispositive.\1\
---------------------------------------------------------------------------
\1\ For a full description of the scope of the order see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2016-2018 Administrative Review: Certain Carbon and Alloy Steel Cut-
To-Length Plate from the Republic of Korea,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2018, based on a timely request for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on certain carbon and alloy steel cut-to-length plate from the
Republic of Korea for fourteen companies.\2\ We selected POSCO/POSCO
Daewoo Corporation as the mandatory respondent because it was the only
company under review that had entries of subject merchandise during the
POR.\3\ In December 2018, we extended the preliminary results of this
review to no later than May 1, 2019.\4\ 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.\5\ In June 2019, we extended the
preliminary results of this review to no later than July 10, 2019.\6\
For a complete
[[Page 34120]]
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 32273 (July 12, 2018).
\3\ See Memorandum, ``Administrative Review of Carbon and Alloy
Steel Cut-to-Length Plate from the Republic of Korea: Respondent
Selection'' dated October 4, 2018.
\4\ See Memorandum, ``Carbon and Alloy Steel Cut-To-Length Plate
from the Republic of Korea: Extension of the Deadline for
Preliminary Results of the Antidumping Duty Administrative Review;
2016-2018,'' dated December 17, 2018.
\5\ 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.
\6\ See Memorandum, ``Carbon and Alloy Steel Cut-To-Length Plate
from the Republic of Korea: Extension of the Deadline for
Preliminary Results of the Antidumping Duty Administrative Review;
2016-2018,'' dated June 3, 2019.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. NV is calculated in accordance with
section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and it is available to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/index.htm. The signed and electronic versions of the Preliminary
Decision Memorandum are identical in content. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as an
Appendix to this notice.
Preliminary Results of the Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margin exists for the period
November 14, 2016 through April 30, 2018: \7\
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
POSCO single entity \8\..................................... 20.09
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
\9\
---------------------------------------------------------------------------
\8\ Commerce is preliminarily determining that POSCO, POSCO
Daewoo Corporation, POSCO Processing and Service Co., Ltd. and
certain distributors and service centers are affiliated pursuant to
section 771(33)(E) of the Act, and further that these companies
should be treated as a single entity (collectively, the POSCO single
entity) pursuant to 19 CFR 351.401(f). See Preliminary Decision
Memorandum.
\9\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis or based entirely on facts available. See section
735(c)(5)(A) of the Act.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Buma Ce Co., Ltd............................................ 20.09
Dong Yang Steel Pipe Co., Ltd............................... 20.09
Dongkuk Steel Mill Co., Ltd................................. 20.09
Expeditors Korea Ltd........................................ 20.09
Haem Co., Ltd............................................... 20.09
Hyundai Glovis Co., Ltd..................................... 20.09
Hyundai Steel Company....................................... 20.09
J.I. Sea & Air Express Co., Ltd............................. 20.09
Maxpeed Co., Ltd............................................ 20.09
Rames Logistics Co., Ltd.................................... 20.09
Sumitomo Corp. Korea Ltd.................................... 20.09
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days of the date of publication of this notice.\10\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\11\ 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.\12\ 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.\13\ Case and rebuttal
briefs should be filed using ACCESS.\14\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\15\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing to be held at the U.S. Department of Commerce,
1401 Constitution Avenue NW, Washington, DC 20230.\16\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
An electronically-filed document must be received successfully in
its entirety by ACCESS by 5 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\17\
---------------------------------------------------------------------------
\17\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon publication of the final results of this administrative
review, Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review.\18\
---------------------------------------------------------------------------
\18\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.212(b)(1), where the respondents reported
the entered value of its U.S. sales, we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of such sales. Where the respondent did not report
entered value, we will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales and the total quantity of those sales, in
accordance with 19 CFR 351.212(b)(1).\19\ We will also calculate
(estimated) ad valorem importer-specific assessment rates with which to
assess whether the per-unit assessment rate is de minimis. We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific ad valorem assessment
rate calculated in the final results of this review is not zero or de
minimis. Where either the respondent's ad valorem weighted-average
dumping margin is zero or de minimis, or an importer-specific ad
valorem assessment rate is zero or de minimis,\20\ we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties. We intend to instruct CBP to take into account the
``provisional measures deposit cap,'' in accordance with 19 CFR
351.212(d).
---------------------------------------------------------------------------
\19\ 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 Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\20\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For the companies which were not selected for individual review, we
will assign an assessment rate based on the weighted-average dumping
margin calculated for the POSCO single entity.
[[Page 34121]]
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by the POSCO single entity for
which the POSCO single entity did not know that the merchandise it sold
to the intermediary (e.g., a reseller, trading company, or exporter)
was destined for the United States. In such instances, 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.\21\
---------------------------------------------------------------------------
\21\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
We intend to issue instructions to CBP 15 days after the date of
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the POSCO single
entity and all other companies subject to this review will be equal to
the weighted-average dumping margin established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for companies not
participating in this review, the cash deposit rate will continue to be
the company-specific cash deposit rate published for the most recently
completed segment; (3) if the exporter is not a firm covered in this
review, or the original less-than-fair-value (LTFV) investigation, but
the producer is, the cash deposit rate will be the cash deposit rate
established for the most recently completed segment for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 7.39 percent, the all-others rate
established in the LTFV investigation.\22\ These deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\22\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096, 24098 (May 25, 2017).
---------------------------------------------------------------------------
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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 10, 2019.
Jeffrey I. Kessler,
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. Companies Not Selected for Individual Examination
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2019-15196 Filed 7-16-19; 8:45 a.m.]
BILLING CODE 3510-DS-P
