Certain Cold Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 63607-63609 [2019-24903]
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Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices
Carbon steel flanges (steel flanges) from
Italy for the period August 1, 2018,
through July 31, 2019, based on the
timely withdrawal of the request for
review.
DATES: Applicable November 18, 2019.
FOR FURTHER INFORMATION CONTACT:
Olatunbosun Leigh, 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) 482–0506.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2019, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on steel flanges
from Italy for the period August 1, 2018,
through July 31, 2019.1 On September 3,
2019, Weldbend Corporation and Boltex
Manufacturing Co., L.P. (the petitioners)
timely filed a request for review, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(b).2 Pursuant to
this request and in accordance with
section 751(a) of the Act and 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of 27 companies.3
On October 15, 2019, the petitioners
timely filed a withdrawal of request for
the administrative review with respect
to all 27 companies.4
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. As noted above,
the petitioners, the only party to file a
request for review, withdrew their
request by the 90-day deadline.
Accordingly, we are rescinding the
administrative review of the
antidumping duty order on steel flanges
from Italy for the period August 1, 2018,
through July 31, 2019, in its entirety.
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 37834
(August 2, 2019).
2 See Letter from the petitioners, ‘‘Finished
Carbon Steel Flanges from ltaly: Petitioners’
Request for 2018/2019 Administrative Review,’’
dated September 3, 2019.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
53411 (October 7, 2019).
4 See Letter from the petitioners, ‘‘Finished
Carbon Steel Flanges from Italy: Withdrawal of
Request for Administrative Review,’’ dated October
15, 2019.
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63607
Assessment
DEPARTMENT OF COMMERCE
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of steel flanges from Italy.
Antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice in the
Federal Register.
International Trade Administration
Notification to Importers
This notice serves as a reminder to
importers whose entries will be
liquidated as a result of this rescission
notice, 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 doubled antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to all 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. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: November 12, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–24902 Filed 11–15–19; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
[A–580–881]
Certain Cold Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Hyundai Steel Company (Hyundai)
and POSCO/POSCO Daewoo Co., Ltd.
(POSCO/PDW), the two companies
selected for individual examination, did
not sell certain cold rolled steel flat
products (cold-rolled steel) from the
Republic of Korea (Korea) in the United
States at prices below normal value
during the period of review (POR)
September 1, 2017 through August 31,
2018. We invite interested parties to
comment on these preliminary results.
DATES: Applicable November 18, 2019.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, Paul Walker, or Marc
Castillo, 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) 482–4475,
(202) 482–0413, or (202) 482–5019,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce initiated this
administrative review on November 15,
2018.1 We selected Hyundai Steel
Company (Hyundai) and POSCO/
POSCO Daewoo Co., Ltd. (POSCO/PDW)
as mandatory respondents.
On January 28, 2019, 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, 2019.2 On
July 5, 2019, we extended the deadline
for the preliminary results of this review
by 90 days.3
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
57411 (November 15, 2018).
2 See Memorandum, ‘‘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.
3 See Memorandum, ‘‘Certain Cold Rolled Steel
Flat Products from the Republic of Korea: Extension
of Time Limit for Preliminary Results of
Continued
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63608
Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices
Between August 15 and August 29,
2019, the petitioners 4 filed timely
allegations that a particular market
situation (PMS) with respect to
Hyundai’s and POSCO/PDW’s prices
and costs of production of cold-rolled
steel in Korea during the POR.5 On
October 8, 2019, Hyundai and POSCO/
PDW submitted comments on the PMS
Allegations.6
On October 4, 2019, we extended the
deadline for the preliminary results of
this review by an additional 29 days,
resulting in a deadline of November 8,
2019 for these preliminary results.7
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.8 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 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.html. A list of the topics
discussed in the Preliminary Decision
Antidumping Duty Administrative Review,’’ dated
July 5, 2019.
4 The petitioners are ArcelorMittal USA LLC, AK
Steel Corporation, Nucor Corporation, Steel
Dynamics, Inc., and United States Steel Corporation
(collectively, the petitioners).
5 See Petitioners’ Letters, ‘‘Cold-Rolled Steel Flat
Products from the Republic of Korea: Cost-Based
Particular Market Situation Allegation,’’ dated
August 15, 2019; ‘‘Cold-Rolled Steel Flat Products
from the Republic of Korea: Cost Adjustments and
Price-Based Particular Market Situation Allegations
for Hyundai,’’ dated August 15, 2019; and ‘‘ColdRolled Steel Flat Products from the Republic of
Korea: Revised Price-Based Particular Market
Situation Allegations for Hyundai,’’ dated August
29, 2019. On September 23, 2019, the petitioners
submitted a clarification to the PMS Allegations.
See Petitioners’ Letter, ‘‘Cold-Rolled Steel Flat
Products from the Republic of Korea: Factual
Information to Clarify Aspects of Domestic
Interested Parties’ Particular Market Situation
Allegation,’’ dated September 23, 2019 (collectively,
PMS Allegations).
6 See Hyundai’s and POSCO/PDW’s Letter, ‘‘ColdRolled Steel Products from the Republic of Korea:
Particular Market Situation Comments and Rebuttal
Factual Information,’’ dated October 8, 2019.
7 See Memorandum, ‘‘Certain Cold Rolled Steel
Flat Products from the Republic of Korea: Extension
of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
October 4, 2019.
8 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Certain Cold Rolled Steel
Flat Products from the Republic of Korea; 2017–
2018,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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17:41 Nov 15, 2019
Jkt 250001
Memorandum is attached to this notice
as an appendix. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content.
Scope of the Order
The product covered by the Order 9 is
cold-rolled steel flat products (coldrolled steel) from the Republic of Korea.
For the full text of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act). Constructed
export price is calculated in accordance
with section 772 of the Act. Normal
value is calculated in accordance with
section 773 of the Act. For the reasons
more fully explained in the proprietary
PMS Memorandum, Commerce
preliminarily finds that a cost-based
PMS existed in Korea during the POR
concerning the cost of hot-rolled coil
(HRC) as a component of the cost of
production for the cold-rolled steel that
Hyundai Steel and POSCO/PDW
produced.10 Specifically, we quantified
the impact of the PMS on the material
cost of HRC and derived a
corresponding adjustment factor that,
when applied to the costs of HRC,
accounts for the distortions induced by
the observed PMS.11 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Rates for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
calculating the rate for companies
9 See Certain Cold Rolled Steel Flat Products from
Brazil, India, the Republic of Korea, and the United
Kingdom: Amended Final Affirmative Antidumping
Determinations for Brazil and the United Kingdom
and Antidumping Duty Orders, 81 FR 64432
(September 20, 2016) (Order).
10 For a complete discussion, see Memorandum,
‘‘2017–2018 Administrative Review of the
Antidumping Duty Order on Cold-Rolled Steel from
the Republic of Korea: Decisions on Particular
Market Situation Allegations,’’ dated concurrently
with this memorandum (PMS Memorandum).
11 See PMS Memorandum.
PO 00000
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Fmt 4703
Sfmt 4703
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we have preliminarily
calculated weighted-average dumping
margins for Hyundai and POSCO/PDW
that are zero. Accordingly, we have
preliminarily assigned to the companies
not individually examined (i.e., Dongbu
Steel Co., Ltd. and Dongbu Steel
Incheon Steel Co., Ltd.) a margin of 0.00
percent.
Preliminary Results of Review
Commerce preliminarily determines
that, for the period September 1, 2017
through August 31, 2018, the following
weighted-average dumping margins
exist:
Producer or exporter
Weightedaverage
dumping margin
(percent)
Hyundai Steel Company
POSCO/POSCO Daewoo
Co., Ltd. ......................
Non-Examined Companies ..............................
0.00
0.00
0.00
Disclosure, Public Comment, and
Opportunity to Request a Hearing
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, the content of
which is limited to issues raised in the
case briefs, may be filed no later than
five days after the date for filing case
briefs.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 and must be served on
interested parties.15 Executive
12 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
14 See generally 19 CFR 351.303.
15 See 19 CFR 351.303(f).
13 See
E:\FR\FM\18NON1.SGM
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Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices
summaries should be limited to five
pages total, including footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
Commerce’s electronic records system,
ACCESS. An electronically filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days of the date of publication
of this notice.16 Requests should
contain: (1) The party’s name, address
and telephone number; (2) the number
of participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a date
and time to be determined.17 Parties
should confirm the date, time, and
location of the hearing two days before
the scheduled date.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
extended.18
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine, and Customs and Border
Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
For any individually examined
respondent whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in
the final results of this review and the
respondent reported reliable entered
values, we will calculate importerspecific ad valorem assessment rates for
the merchandise based on the ratio of
the total amount of dumping calculated
for the examined sales made during the
POR to each importer and the total
entered value of those same sales, in
accordance with 19 CFR 351.212(b)(1).
If the respondent has not reported
16 See
19 CFR 351.310(c).
19 CFR 351.310(d).
18 See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
17 See
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17:41 Nov 15, 2019
Jkt 250001
reliable entered values, we will
calculate a per-unit assessment rate for
each importer by dividing the total
amount of dumping calculated for the
examined sales made to that importer by
the total sales quantity associated with
those transactions. Where an importerspecific ad valorem assessment rate is
zero or de minimis in the final results
of review, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties in
accordance with 19 CFR 351.106(c)(2). If
a respondent’s weighted-average
dumping margin is zero or de minimis
in the final results of review, we will
instruct CBP not to assess duties on any
of its entries in accordance with the
Final Modification for Reviews, i.e.,
‘‘{w}here the weighted-average margin
of dumping for the exporter is
determined to be zero or de minimis, no
antidumping duties will be
assessed.’’ 19
For entries of subject merchandise
during the POR produced by Hyundai
and POSCO/PDW for which the
producer did not know its merchandise
was destined for the United States, or
for any respondent for which we have
a final determination of no shipments,
we will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company (or companies) involved in the
transaction.20
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of this administrative review for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for Hyundai, POSCO/PDW,
and other companies listed in the final
results of review will be equal to the
weighted-average dumping margin
established in the final results of this
administrative review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
19 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
20 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
PO 00000
Frm 00005
Fmt 4703
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63609
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review or the original investigation but
the producer is, then the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the producer of the
merchandise; (4) the cash deposit rate
for all other producers or exporters will
continue to be 20.33 percent,21 the allothers rate established in the less-thanfair-value investigation. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: November 8, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Rates for Non-Examined Companies
5. Duty Absorption
6. Discussion of the Methodology
7. Adjustments to Cash Deposit Rates for
Export Subsidies in Companion
Countervailing Duty Review
8. Currency Conversion
9. Recommendation
[FR Doc. 2019–24903 Filed 11–15–19; 8:45 am]
BILLING CODE 3510–DS–P
21 See Certain Cold Rolled Steel Flat Products
from Brazil, India, the Republic of Korea, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Brazil and the
United Kingdom and Antidumping Duty Orders, 81
FR 64432 (September 20, 2016).
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]]>Agencies
[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Notices]
[Pages 63607-63609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24903]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review;
2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Hyundai Steel Company (Hyundai) and POSCO/POSCO Daewoo Co., Ltd.
(POSCO/PDW), the two companies selected for individual examination, did
not sell certain cold rolled steel flat products (cold-rolled steel)
from the Republic of Korea (Korea) in the United States at prices below
normal value during the period of review (POR) September 1, 2017
through August 31, 2018. We invite interested parties to comment on
these preliminary results.
DATES: Applicable November 18, 2019.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, Paul Walker, or
Marc Castillo, 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) 482-4475, (202) 482-0413, or (202) 482-5019, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce initiated this administrative review on November 15,
2018.\1\ We selected Hyundai Steel Company (Hyundai) and POSCO/POSCO
Daewoo Co., Ltd. (POSCO/PDW) as mandatory respondents.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018).
---------------------------------------------------------------------------
On January 28, 2019, 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.\2\ On July 5, 2019, we extended the deadline for the preliminary
results of this review by 90 days.\3\
---------------------------------------------------------------------------
\2\ See Memorandum, ``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.
\3\ See Memorandum, ``Certain Cold Rolled Steel Flat Products
from the Republic of Korea: Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 5,
2019.
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[[Page 63608]]
Between August 15 and August 29, 2019, the petitioners \4\ filed
timely allegations that a particular market situation (PMS) with
respect to Hyundai's and POSCO/PDW's prices and costs of production of
cold-rolled steel in Korea during the POR.\5\ On October 8, 2019,
Hyundai and POSCO/PDW submitted comments on the PMS Allegations.\6\
---------------------------------------------------------------------------
\4\ The petitioners are ArcelorMittal USA LLC, AK Steel
Corporation, Nucor Corporation, Steel Dynamics, Inc., and United
States Steel Corporation (collectively, the petitioners).
\5\ See Petitioners' Letters, ``Cold-Rolled Steel Flat Products
from the Republic of Korea: Cost-Based Particular Market Situation
Allegation,'' dated August 15, 2019; ``Cold-Rolled Steel Flat
Products from the Republic of Korea: Cost Adjustments and Price-
Based Particular Market Situation Allegations for Hyundai,'' dated
August 15, 2019; and ``Cold-Rolled Steel Flat Products from the
Republic of Korea: Revised Price-Based Particular Market Situation
Allegations for Hyundai,'' dated August 29, 2019. On September 23,
2019, the petitioners submitted a clarification to the PMS
Allegations. See Petitioners' Letter, ``Cold-Rolled Steel Flat
Products from the Republic of Korea: Factual Information to Clarify
Aspects of Domestic Interested Parties' Particular Market Situation
Allegation,'' dated September 23, 2019 (collectively, PMS
Allegations).
\6\ See Hyundai's and POSCO/PDW's Letter, ``Cold-Rolled Steel
Products from the Republic of Korea: Particular Market Situation
Comments and Rebuttal Factual Information,'' dated October 8, 2019.
---------------------------------------------------------------------------
On October 4, 2019, we extended the deadline for the preliminary
results of this review by an additional 29 days, resulting in a
deadline of November 8, 2019 for these preliminary results.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Certain Cold Rolled Steel Flat Products
from the Republic of Korea: Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative Review,'' dated October
4, 2019.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
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
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/. A list of the topics discussed in
the Preliminary Decision Memorandum is attached to this notice as an
appendix. The signed Preliminary Decision Memorandum and the electronic
version of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Certain Cold
Rolled Steel Flat Products from the Republic of Korea; 2017-2018,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order \9\ is cold-rolled steel flat
products (cold-rolled steel) from the Republic of Korea. For the full
text of the scope of the Order, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\9\ See Certain Cold Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20,
2016) (Order).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section 772
of the Act. Normal value is calculated in accordance with section 773
of the Act. For the reasons more fully explained in the proprietary PMS
Memorandum, Commerce preliminarily finds that a cost-based PMS existed
in Korea during the POR concerning the cost of hot-rolled coil (HRC) as
a component of the cost of production for the cold-rolled steel that
Hyundai Steel and POSCO/PDW produced.\10\ Specifically, we quantified
the impact of the PMS on the material cost of HRC and derived a
corresponding adjustment factor that, when applied to the costs of HRC,
accounts for the distortions induced by the observed PMS.\11\ For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\10\ For a complete discussion, see Memorandum, ``2017-2018
Administrative Review of the Antidumping Duty Order on Cold-Rolled
Steel from the Republic of Korea: Decisions on Particular Market
Situation Allegations,'' dated concurrently with this memorandum
(PMS Memorandum).
\11\ See PMS Memorandum.
---------------------------------------------------------------------------
Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we have preliminarily calculated weighted-average
dumping margins for Hyundai and POSCO/PDW that are zero. Accordingly,
we have preliminarily assigned to the companies not individually
examined (i.e., Dongbu Steel Co., Ltd. and Dongbu Steel Incheon Steel
Co., Ltd.) a margin of 0.00 percent.
Preliminary Results of Review
Commerce preliminarily determines that, for the period September 1,
2017 through August 31, 2018, the following weighted-average dumping
margins exist:
------------------------------------------------------------------------
Weighted- average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company................................ 0.00
POSCO/POSCO Daewoo Co., Ltd.......................... 0.00
Non-Examined Companies............................... 0.00
------------------------------------------------------------------------
Disclosure, Public Comment, and Opportunity to Request a Hearing
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, the content of which is limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\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\ and must be served on
interested parties.\15\ Executive
[[Page 63609]]
summaries should be limited to five pages total, including footnotes.
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\12\ See 19 CFR 351.309(d).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See generally 19 CFR 351.303.
\15\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days of the date of publication of this
notice.\16\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a date and time to be determined.\17\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\18\
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\18\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. We intend to issue
liquidation instructions to CBP 15 days after publication of the final
results of this review.
For any individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.5 percent)
in the final results of this review and the respondent reported
reliable entered values, we will calculate importer-specific ad valorem
assessment rates for the merchandise based on the ratio of the total
amount of dumping calculated for the examined sales made during the POR
to each importer and the total entered value of those same sales, in
accordance with 19 CFR 351.212(b)(1). If the respondent has not
reported reliable entered values, we will calculate a per-unit
assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total sales quantity associated with those transactions. Where an
importer-specific ad valorem assessment rate is zero or de minimis in
the final results of review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties in accordance
with 19 CFR 351.106(c)(2). If a respondent's weighted-average dumping
margin is zero or de minimis in the final results of review, we will
instruct CBP not to assess duties on any of its entries in accordance
with the Final Modification for Reviews, i.e., ``{w{time} here the
weighted-average margin of dumping for the exporter is determined to be
zero or de minimis, no antidumping duties will be assessed.'' \19\
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\19\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by
Hyundai and POSCO/PDW for which the producer did not know its
merchandise was destined for the United States, or for any respondent
for which we have a final determination of no shipments, we will
instruct CBP to liquidate unreviewed entries at the all-others rate if
there is no rate for the intermediate company (or companies) involved
in the transaction.\20\
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\20\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for Hyundai, POSCO/PDW, and other companies listed in
the final results of review will be equal to the weighted-average
dumping margin established in the final results of this administrative
review; (2) for merchandise exported by producers or exporters not
covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review or the original investigation but the
producer is, then the cash deposit rate will be the rate established
for the most recently completed segment of this proceeding for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 20.33 percent,\21\ the all-
others rate established in the less-than-fair-value investigation.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\21\ See Certain Cold Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20,
2016).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: November 8, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Rates for Non-Examined Companies
5. Duty Absorption
6. Discussion of the Methodology
7. Adjustments to Cash Deposit Rates for Export Subsidies in
Companion Countervailing Duty Review
8. Currency Conversion
9. Recommendation
[FR Doc. 2019-24903 Filed 11-15-19; 8:45 am]
BILLING CODE 3510-DS-P
