Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, 2017, 67927-67928 [2019-26798]

Download as PDF Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Notices valorem rate is de minimis, then the cash deposit rate will be zero); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that have received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific cash deposit rate published for the completed segment of the most recent period; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity (i.e., 167.58 percent); and (4) for all nonChinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that nonChinese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties. Dated: December 6, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether to Adjust Qingshuiyuan’s Reported Factors of Production (FOPs) Comment 2: Whether to Include Brokerage and Handling (B&H) Expenses for Surrogate Values Comment 3: Whether the Dumping Margin is Commercially or Economically Realistic Comment 4: Whether Commerce’s Erroneous Calculation Prevents Effective Comment Comment 5: Whether the Liquidation Instructions are Incorrect Comment 6: Whether the Financial Statements from CYDSA, S.A.B. de C.V. Are Unusable Comment 7: Whether to Use Mexico as the Surrogate Country Comment 8: Whether the Surrogate Value (SV) for Yellow Phosphorus is Aberrational Comment 9: Whether the Deductions from Constructed Export Price (CEP) Were Excessive Comment 10: Whether Non-Deductible Value-Added Tax Should be Deducted From U.S. Price VI. Recommendation [FR Doc. 2019–26797 Filed 12–11–19; 8:45 am] BILLING CODE 3510–DS–P Administrative Protective Orders khammond on DSKJM1Z7X2PROD with NOTICES This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1). VerDate Sep<11>2014 17:56 Dec 11, 2019 Jkt 250001 DEPARTMENT OF COMMERCE International Trade Administration [C–580–884] Certain Hot-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 finds that Hyundai Steel Co., Ltd. (Hyundai Steel), a producer/exporter of certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea), 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 December 12, 2019. AGENCY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 67927 FOR FURTHER INFORMATION CONTACT: Hannah Falvey, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4889. SUPPLEMENTARY INFORMATION: Background On December 11, 2018, Commerce published a notice of initiation of an administrative review of the countervailing duty (CVD) order on hotrolled steel from Korea.1 On July 3, 2019, Commerce extended the deadline for the preliminary results of this review to no later than December 5, 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 in 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 hot-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 find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 63615 (December 11, 2018). 2 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,’’ dated July 3, 2019. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review; 2017: Certain Hot-Rolled Steel Flat Products from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\12DEN1.SGM 12DEN1 67928 Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Notices 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. Preliminary Results of Review In accordance with 19 CFR 351.224(b)(4)(i), we calculated a subsidy rate for Hyundai Steel. For the POR, we preliminarily find that the net subsidy rate for the producers/exporters under review to be as follows: Company Hyundai Steel Co., Ltd ......... Subsidy rate (percent ad valorem) 0.45 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 instructions to CBP 15 days after publication of the final results of this review. Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice. khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Requirements 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 Commerce will 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.5 Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.6 Rebuttal briefs must be limited to issues raised in the case briefs.7 Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.8 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. Parties are reminded that all briefs and hearing requests must be filed electronically using ACCESS and received successfully in their entirety by 5:00 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 351.221(b)(4). Dated: December 5, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background 6 See 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. 5 See 19 CFR 224(b). VerDate Sep<11>2014 17:56 Dec 11, 2019 Jkt 250001 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). 19 CFR 351.309(d)(2). 8 See 19 CFR 351.309(c)(2) and 351.309(d)(2). 9 See 19 CFR 351.310(c). 10 See 19 CFR 351.310. 11 See 19 CFR 351.310(c). 7 See PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 III. Period of Review IV. Scope of the Order V. Subsidies Valuation Information VI. Use of Facts Otherwise Available VII. Analysis of Programs VIII. Recommendation [FR Doc. 2019–26798 Filed 12–11–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XX029] Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an exempted fishing permit application contains all of the required information and warrants further consideration. This permit would allow Coonamessett Farm Foundation to test the selectivity of alternate gillnet configurations to target haddock while reducing catch of other groundfish species. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed exempted fishing permits. DATES: Comments must be received on or before December 27, 2019. ADDRESSES: You may submit written comments by any of the following methods: • Email: NMFS.GAR.EFP@noaa.gov. Include in the subject line ‘‘Comments on Testing Selectivity and Raised Webbing Gillnets on Target and NonTarget Species in the Northeast Haddock Fishery.’’ • Mail: Michael Pentony, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘Comments on Testing Selectivity of Alternative Gillnet Configurations in the Northeast Haddock Fishery.’’ FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management Specialist, 978–281–9236, Kyle.Molton@noaa.gov. SUPPLEMENTARY INFORMATION: Coonamessett Farm Foundation (CFF) SUMMARY: E:\FR\FM\12DEN1.SGM 12DEN1

Agencies

[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Pages 67927-67928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26798]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-884]


Certain Hot-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 finds that 
Hyundai Steel Co., Ltd. (Hyundai Steel), a producer/exporter of certain 
hot-rolled steel flat products (hot-rolled steel) from the Republic of 
Korea (Korea), 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 December 12, 2019.

FOR FURTHER INFORMATION CONTACT: Hannah Falvey, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4889.

SUPPLEMENTARY INFORMATION: 

Background

    On December 11, 2018, Commerce published a notice of initiation of 
an administrative review of the countervailing duty (CVD) order on hot-
rolled steel from Korea.\1\ On July 3, 2019, Commerce extended the 
deadline for the preliminary results of this review to no later than 
December 5, 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 in the appendix to this notice.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 63615 (December 11, 2018).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated July 
3, 2019.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review; 2017: 
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,'' 
dated concurrently with, and hereby adopted by, this notice 
(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 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 hot-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 find 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to

[[Page 67928]]

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.
---------------------------------------------------------------------------

Preliminary Results of Review

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

------------------------------------------------------------------------
                                                           Subsidy rate
                        Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Hyundai Steel Co., Ltd.................................            0.45
------------------------------------------------------------------------

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 instructions to CBP 
15 days after publication of the final results of this review. Commerce 
intends to issue appropriate assessment instructions directly to CBP 15 
days after publication of this notice.

Cash Deposit Requirements

    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

    Commerce will 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.\5\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\6\ Rebuttal briefs must be limited to issues raised in the case 
briefs.\7\ Parties who submit arguments are requested to submit with 
the argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\8\
---------------------------------------------------------------------------

    \5\ See 19 CFR 224(b).
    \6\ See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
    \7\ See 19 CFR 351.309(d)(2).
    \8\ See 19 CFR 351.309(c)(2) and 351.309(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 5:00 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 
351.221(b)(4).

    Dated: December 5, 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. Subsidies Valuation Information
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2019-26798 Filed 12-11-19; 8:45 am]
 BILLING CODE 3510-DS-P