Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review; 2017, 60377-60378 [2019-24391]

Download as PDF Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices in the production of sodium sulfate anhydrous that has no known commercial uses, is not included within the scope of the investigation, although some end-users may mistakenly refer to sodium sulfate anhydrous as Glauber’s salt. Other forms of sodium sulfate that are hydrous (i.e., containing water) are also excluded from the scope of the investigation. The merchandise subject to this investigation is classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2833.11.5010. Subject merchandise may also be classified under 2833.11.1000, 2833.11.5050, and 2833.19.0000. Although the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Postponement of Final Determination and Extension of Provisional Measures VII. Affiliation VIII. Discussion of the Methodology IX. Preliminary Negative Determination of Critical Circumstances, In Part X. Currency Conversion XI. Verification XII. Conclusion [FR Doc. 2019–24392 Filed 11–7–19; 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: Preliminary Results of Countervailing Duty Administrative Review; 2017 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that POSCO received countervailable subsidies that are above de minimis and that Hyundai Steel Co., Ltd. (Hyundai Steel) received countervailable subsidies that are de minimis. The period of review (POR) is January 1, 2017 through December 31, 2017. We invite interested parties to comment on these preliminary results. DATES: Applicable November 8, 2019. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Moses Song, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 16:45 Nov 07, 2019 Jkt 250001 Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3813 and (202) 482–7885, respectively. SUPPLEMENTARY INFORMATION: Background On November 15, 2018, Commerce published a notice of initiation of an administrative review of the countervailing duty order on certain cold-rolled steel flat products (coldrolled steel) from the Republic of Korea.1 On July 8, 2019, Commerce extended the deadline for the preliminary results of this review to no later than November 1, 2019.2 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included at the appendix to this notice. 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 http:// 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 Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Order The merchandise covered by the order is cold-rolled steel. For a complete description of the scope of the order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a government-provided 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 57411, 57418 (November 15, 2018). 2 See Memorandum, ‘‘Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review; 2017,’’ dated July 8, 2019. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review; 2017: Certain Cold-Rolled Steel Flat Products from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 60377 financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.4 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Companies Not Selected for Individual Review The statute and Commerce’s regulations do not directly address the establishment of rates to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to calculate an all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters and/or producers individually examined, excluding any zero, de minimis, or rates based entirely on facts available. In this review, the only preliminary subsidy rate above de minimis is the rate calculated for POSCO. Therefore, for the companies for which a review was requested that were not selected as mandatory respondents, for which we did not receive a timely request for withdrawal of review, and for which we are not finding to be cross-owned with the mandatory company respondents, we are applying the subsidy rate calculated for POSCO. Preliminary Results of Review In accordance with 19 CFR 351.224(b)(4)(i), we calculated individual subsidy rates for Hyundai Steel and POSCO. For the POR, we preliminarily determine that the net subsidy rates for the producers/ exporters under review to be as follows: Company POSCO 5 ................................... Hyundai Steel Co., Ltd ............. Dongbu Steel Co., Ltd .............. Dongbu Incheon Steel Co., Ltd Dongkuk Steel Mill Co., Ltd ...... Dongkuk Industries Co., Ltd ..... Euro Line Global Co., Ltd ......... Subsidy rate (percent ad valorem) 0.59 0.45 0.59 0.59 0.59 0.59 0.59 4 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\08NON1.SGM 08NON1 60378 Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices briefs or rebuttal briefs are requested to submit with each argument: (1) A Company statement of the issue; (2) a brief summary of the argument; and (3) a 8 Hanawell Co., Ltd ..................... 0.59 table of authorities. Hankum Co., Ltd ...................... 0.59 Interested parties who wish to request Hyuk San Profile Co., Ltd ......... 0.59 a hearing must do so within 30 days of Nauri Logistics Co., Ltd ............ 0.59 publication of these preliminary results Taihan Electric Wire Co., Ltd ... 0.59 by submitting a written request to the Union Steel Co., Ltd ................. 0.59 Assistant Secretary for Enforcement and Compliance using Enforcement and Assessment Rate Compliance’s ACCESS system.9 Consistent with section 751(a)(2)(C) of Requests should contain the party’s the Act, upon issuance of the final name, address, and telephone number, results, Commerce shall determine, and the number of participants, whether any Customs and Border Protection (CBP) participant is a foreign national, and a shall assess, countervailing duties on all list of the issues to be discussed. If a appropriate entries covered by this request for a hearing is made, Commerce review. We intend to issue assessment will inform parties of the scheduled instructions to CBP 15 days after date of the hearing which will be held publication of the final results of this at the U.S. Department of Commerce, review. 1401 Constitution Avenue NW, Washington, DC 20230, at a time and Cash Deposit Rate date to be determined.10 Issues Pursuant to section 751(a)(1) of the addressed during the hearing will be Act, Commerce intends to instruct CBP limited to those raised in the briefs.11 to collect cash deposits of estimated Parties should confirm by telephone the countervailing duties in the amount date, time, and location of the hearing indicated above with regard to two days before the scheduled date. shipments of subject merchandise Parties are reminded that all briefs entered, or withdrawn from warehouse, and hearing requests must be filed for consumption on or after the date of electronically using ACCESS and publication of the final results of this received successfully in their entirety by review. For all non-reviewed firms, we 5 p.m. Eastern Time on the due date. will instruct CBP to continue to collect Unless the deadline is extended cash deposits of estimated countervailing duties at the most recent pursuant to section 751(a)(3)(A) of the company-specific or all-others rate Act, Commerce intends to issue the final applicable to the company, as results of this administrative review, appropriate. These cash deposit including the results of our analysis of instructions, when imposed, shall the issues raised by the parties in their remain in effect until further notice. comments, within 120 days after publication of these preliminary results. Disclosure and Public Comment We intend to disclose to parties to this Notification to Interested Parties proceeding the calculations performed This administrative review and notice in reaching the preliminary results are in accordance with sections within five days of the date of 751(a)(1) and 777(i)(1) of the Act and 19 publication of these preliminary CFR 351.213 and 19 CFR 351.222(b)(4). results.6 Case briefs or other written Dated: November 1, 2019. comments may be submitted to the Assistant Secretary for Enforcement and Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance at a date to be determined. Compliance. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later Appendix—List of Topics Discussed in than five days after the deadline date for the Preliminary Decision Memorandum case briefs.7 Parties who submit case khammond on DSKJM1Z7X2PROD with NOTICES Subsidy rate (percent ad valorem) 5 We note that cross-ownership exists between POSCO, POSCO Chemtech (also known as POSCO Chemical Co., Ltd.), POSCO Nippon Steel RHF Joint Venture Co., Ltd., POSCO Processing and Service, Pohang Scrap Recycling Distribution Center Co., Ltd., and POSCO M-Tech. We also note that POSCO has an affiliated trading company through which it exported certain subject merchandise, POSCO Daewoo Corporation (also known as POSCO International Corporation). See Preliminary Decision Memorandum at 9. 6 See 19 CFR 224(b). 7 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). VerDate Sep<11>2014 16:45 Nov 07, 2019 Jkt 250001 I. Summary II. Background III. Period of Review IV. Scope of the Order V. Rate for Non-Examined Companies VI. Subsidies Valuation Information VII. Use of Facts Otherwise Available VIII. Analysis of Programs 8 See 19 CFR 351.309(c)(2) and (d)(2). 19 CFR 351.310(c). 10 See 19 CFR 351.310. 11 See 19 CFR 351.310(c). 9 See PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 IX. Recommendation [FR Doc. 2019–24391 Filed 11–7–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–560–829] Uncoated Paper From Indonesia: Preliminary Results of Countervailing Duty Administrative Review; 2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of uncoated paper from Indonesia during the period of review (POR) January 1, 2018 through December 31, 2018. DATES: Applicable November 8, 2019. FOR FURTHER INFORMATION CONTACT: William Miller, 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) 482–3906. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 5, 2019, Commerce published a notice of opportunity to request an administrative review of the countervailing duty (CVD) order on uncoated paper from Indonesia covering the period January 1, 2018 through December 31, 2018.1 Commerce received a timely request from the petitioners 2 for an administrative review of the countervailing duty order with respect to PT Anugerah Kertas Utama, PT Riau Andalan Kertas, APRIL Fine Paper Macao Offshore Limited, PT Asia Pacific Rayon, PT Sateri Viscose International, A P Fine Paper Trading (Hong Kong) Limited, and APRIL International Enterprise Pte. Ltd. (collectively, APRIL).3 On May 29, 2019, Commerce published a notice of initiation of an administrative review of 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 84 FR 7877 (March 5, 2019). 2 Domtar Corporation, P.H. Glatfelter Company, the Packaging Corporation of America (PCA), and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL–CIO, CLC (the USW) (collectively, petitioners). 3 See Petitioners’ Letter, ‘‘Administrative Review of the Countervailing Duty Order on Uncoated Paper from Indonesia (POR 1/1/2018–12/31/2018)— Petitioners’ Request for an Administrative Review,’’ dated April 1, 2019. E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60377-60378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24391]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-882]


Certain Cold-Rolled Steel Flat Products From the Republic of 
Korea: Preliminary Results of Countervailing Duty Administrative 
Review; 2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that POSCO received countervailable subsidies that are above de minimis 
and that Hyundai Steel Co., Ltd. (Hyundai Steel) received 
countervailable subsidies that are de minimis. The period of review 
(POR) is January 1, 2017 through December 31, 2017. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable November 8, 2019.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Moses Song, 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) 482-7885, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 15, 2018, Commerce published a notice of initiation of 
an administrative review of the countervailing duty order on certain 
cold-rolled steel flat products (cold-rolled steel) from the Republic 
of Korea.\1\ On July 8, 2019, Commerce extended the deadline for the 
preliminary results of this review to no later than November 1, 
2019.\2\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included at the appendix to this notice. 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 http://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 Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 57411, 57418 (November 15, 2018).
    \2\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products 
from the Republic of Korea: Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review; 2017,'' dated 
July 8, 2019.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review; 2017: 
Certain Cold-Rolled Steel Flat Products from the Republic of 
Korea,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is cold-rolled steel. For a 
complete description of the scope of the order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\4\ For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Companies Not Selected for Individual Review

    The statute and Commerce's regulations do not directly address the 
establishment of rates to be applied to companies not selected for 
individual examination where Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
However, Commerce normally determines the rates for non-selected 
companies in reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation.
    Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general 
rule, to calculate an all-others rate equal to the weighted average of 
the countervailable subsidy rates established for exporters and/or 
producers individually examined, excluding any zero, de minimis, or 
rates based entirely on facts available. In this review, the only 
preliminary subsidy rate above de minimis is the rate calculated for 
POSCO. Therefore, for the companies for which a review was requested 
that were not selected as mandatory respondents, for which we did not 
receive a timely request for withdrawal of review, and for which we are 
not finding to be cross-owned with the mandatory company respondents, 
we are applying the subsidy rate calculated for POSCO.

Preliminary Results of Review

    In accordance with 19 CFR 351.224(b)(4)(i), we calculated 
individual subsidy rates for Hyundai Steel and POSCO. For the POR, we 
preliminarily determine that the net subsidy rates for the producers/
exporters under review to be as follows:

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                          Company                            (percent ad
                                                               valorem)
------------------------------------------------------------------------
POSCO \5\..................................................         0.59
Hyundai Steel Co., Ltd.....................................         0.45
Dongbu Steel Co., Ltd......................................         0.59
Dongbu Incheon Steel Co., Ltd..............................         0.59
Dongkuk Steel Mill Co., Ltd................................         0.59
Dongkuk Industries Co., Ltd................................         0.59
Euro Line Global Co., Ltd..................................         0.59

[[Page 60378]]

 
Hanawell Co., Ltd..........................................         0.59
Hankum Co., Ltd............................................         0.59
Hyuk San Profile Co., Ltd..................................         0.59
Nauri Logistics Co., Ltd...................................         0.59
Taihan Electric Wire Co., Ltd..............................         0.59
Union Steel Co., Ltd.......................................         0.59
------------------------------------------------------------------------

Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries covered by this review. We intend to issue assessment 
instructions to CBP 15 days after publication of the final results of 
this review.
---------------------------------------------------------------------------

    \5\ We note that cross-ownership exists between POSCO, POSCO 
Chemtech (also known as POSCO Chemical Co., Ltd.), POSCO Nippon 
Steel RHF Joint Venture Co., Ltd., POSCO Processing and Service, 
Pohang Scrap Recycling Distribution Center Co., Ltd., and POSCO M-
Tech. We also note that POSCO has an affiliated trading company 
through which it exported certain subject merchandise, POSCO Daewoo 
Corporation (also known as POSCO International Corporation). See 
Preliminary Decision Memorandum at 9.
---------------------------------------------------------------------------

Cash Deposit Rate

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount indicated above with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, we will instruct CBP to 
continue to collect cash deposits of estimated countervailing duties at 
the most recent company-specific or all-others rate applicable to the 
company, as appropriate. These cash deposit instructions, when imposed, 
shall remain in effect until further notice.

Disclosure and Public Comment

    We intend to disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\6\ Case 
briefs or other written comments may be submitted to the Assistant 
Secretary for Enforcement and Compliance at a date to be determined. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than five days after the deadline date for case 
briefs.\7\ Parties who submit case briefs or rebuttal briefs are 
requested to submit with each argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.\8\
---------------------------------------------------------------------------

    \6\ See 19 CFR 224(b).
    \7\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance using Enforcement and Compliance's ACCESS system.\9\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. If a 
request for a hearing is made, Commerce will inform parties of the 
scheduled date of the hearing which will be held at the U.S. Department 
of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a 
time and date to be determined.\10\ Issues addressed during the hearing 
will be limited to those raised in the briefs.\11\ Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310.
    \11\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS and received successfully in their 
entirety by 5 p.m. Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

Notification to Interested Parties

    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19 
CFR 351.222(b)(4).

    Dated: November 1, 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. Period of Review
IV. Scope of the Order
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2019-24391 Filed 11-7-19; 8:45 am]
 BILLING CODE 3510-DS-P