Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017-2018, 68407-68409 [2019-27027]
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<![CDATA[
68407
Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
Exporter/producer
Estimated
weighted-average
dumping margin
(percent)
Blefa GmbH .................................................................................................................................................................................
All Others .....................................................................................................................................................................................
7.47
7.47
China
Exporter
Producer
Ningbo Master International Trade Co., Ltd .........
Guangzhou Jingye Machinery Co., Ltd ................
Guangzhou Ulix Industrial & Trading Co., Ltd .....
China-Wide Entity .................................................
Ningbo Major Draft Beer Equipment Co., Ltd ......
Guangzhou Jingye Machinery Co., Ltd ................
Guangzhou Jingye Machinery Co., Ltd ................
...............................................................................
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
refillable stainless steel kegs from
Germany and China pursuant to section
736(a) of the Act. Interested parties can
find a list of antidumping duty orders
currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order is issued and published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: December 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Orders
The merchandise covered by the orders are
kegs, vessels, or containers with bodies that
are approximately cylindrical in shape, made
from stainless steel (i.e., steel containing at
least 10.5 percent chromium by weight and
less than 1.2 percent carbon by weight, with
or without other elements), and that are
compatible with a ‘‘D Sankey’’ extractor
(refillable stainless steel kegs) with a nominal
liquid volume capacity of 10 liters or more,
regardless of the type of finish, gauge,
thickness, or grade of stainless steel, and
whether or not covered by or encased in
other materials. Refillable stainless steel kegs
may be imported assembled or unassembled,
with or without all components (including
spears, couplers or taps, necks, collars, and
valves), and be filled or unfilled.
‘‘Unassembled’’ or ‘‘unfinished’’ refillable
stainless steel kegs include drawn stainless
lotter on DSKBCFDHB2PROD with NOTICES
Estimated
weighted-average
dumping margin
(percent ad
valorem)
6 Entries of subject merchandise that were
produced by Ningbo Major Draft Beer Equipment
Co., Ltd., and exported by Ningbo Master
International Trade Co., Ltd. are excluded from the
antidumping duty order.
7 This producer/exporter combination is based on
the rate calculated for Ningbo Master International
Trade Co., Ltd.
8 Id.
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steel cylinders that have been welded to form
the body of the keg and attached to an upper
(top) chime and/or lower (bottom) chime.
Unassembled refillable stainless steel kegs
may or may not be welded to a neck, may
or may not have a valve assembly attached,
and may be otherwise complete except for
testing, certification, and/or marking.
Subject merchandise also includes
refillable stainless steel kegs that have been
further processed in a third country,
including but not limited to, attachment of
necks, collars, spears or valves, heat
treatment, pickling, passivation, painting,
testing, certification or any other processing
that would not otherwise remove the
merchandise from the scope of the orders if
performed in the country of manufacture of
the in-scope refillable stainless steel keg.
Specifically excluded are the following:
(1) Vessels or containers that are not
approximately cylindrical in nature (e.g.,
box, ‘‘hopper’’ or ‘‘cone’’ shaped vessels);
(2) stainless steel kegs, vessels, or
containers that have either a ‘‘ball lock’’
valve system or a ‘‘pin lock’’ valve system
(commonly known as ‘‘Cornelius,’’ ‘‘corny’’
or ‘‘ball lock’’ kegs);
(3) necks, spears, couplers or taps, collars,
and valves that are not imported with the
subject merchandise; and
(4) stainless steel kegs that are filled with
beer, wine, or other liquid and that are
designated by the Commissioner of Customs
as Instruments of International Traffic within
the meaning of section 332(a) of the Tariff
Act of 1930, as amended.
The merchandise covered by the orders are
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 7310.10.0010, 7310.10.0050,
7310.29.0025, and 7310.29.0050.
These HTSUS subheadings are provided
for convenience and customs purposes; the
written description of the scope of the orders
is dispositive.
[FR Doc. 2019–27128 Filed 12–13–19; 8:45 am]
BILLING CODE 3510–DS–P
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Cash deposit rate
(adjusted for
subsidy offsets)
(percent ad
valorem)
6 0.00
7 0.00
8 0.00
77.13
N/A
0.0
0.0
63.60
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–883]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of certain hot-rolled steel flat
products (hot-rolled steel) from the
Republic of Korea (Korea) were made at
less than normal value during the
period of review (POR) October 1, 2017
through September 30, 2018. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable December 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3251.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 11, 2018, Commerce
initiated the administrative review of
the antidumping duty order on hotrolled steel from Korea in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).1 This
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
63615 (December 11, 2018).
E:\FR\FM\16DEN1.SGM
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68408
Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
review covers one mandatory
respondent, Hyundai Steel Company
(Hyundai). The remaining companies,
POSCO and POSCO Daewoo
Corporation (collectively, POSCO), were
not selected for individual examination
and remain subject to this
administrative review.2 Commerce
exercised its discretion to toll all
deadlines affected by the partial federal
government closure from December 22,
2018 through the resumption of
operations on January 29, 2019,
resulting in a revised deadline for these
preliminary results.3 Additionally,
Commerce exercised its discretion to
extend the deadline for the preliminary
results until December 10, 2019.4
Scope of the Order 5
lotter on DSKBCFDHB2PROD with NOTICES
The products covered by this Order
are certain hot-rolled steel products. For
a full description of the scope, see the
Preliminary Decision Memorandum.6
2 Commerce previously determined that these
companies are affiliated and should be treated as a
single entity. In the absence of information
indicating that we should reevaluate this finding,
we are treating POSCO and POSCO Daewoo
Corporation as a single entity. See Certain HotRolled Steel Flat Products from the Republic of
Korea: Affirmative Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, 81 FR 15228 (March 22,
2016), and accompanying Preliminary Decision
Memorandum (PDM) at 6–8, unchanged in Certain
Hot-Rolled Steel Flat Products from the Republic of
Korea: Final Determination of Sales at Less Than
Fair Value, 81 FR 53419 (August 12, 2016); see also
Certain Hot-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 56821 (November 14, 2018), and
accompanying PDM at 8–9, unchanged in Certain
Hot-Rolled Steel Flat Products from the Republic of
Korea: Final Results of Antidumping Duty
Administrative Review; 2016–2017, 84 FR 32720
(July 9, 2019), and accompanying IDM at 1.
3 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.
4 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Korea: Extension
of Deadline for Preliminary Results of Antidumping
Duty Administrative Review, 2017–2018,’’ dated
July 18, 2019; see also Memorandum, ‘‘Certain HotRolled Steel Flat Products from the Republic of
Korea: Second Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review, 2017–2018,’’ dated October
16, 2019.
5 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016) (Order).
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Certain Hot-Rolled Steel
Flat Products from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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19:21 Dec 13, 2019
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Preliminary Determination of No
Shipments
On January 11, 2019, POSCO certified
it had no reviewable entries, exports, or
sales of subject merchandise to the
United States during the POR.7 To
confirm POSCO’s no-shipment claims,
Commerce issued a no-shipment inquiry
to U.S. Customs and Border Protection
(CBP) and has received no information
that contradicts POSCO’s no shipment
claims.8 Therefore, we preliminarily
determine that POSCO did not have any
shipments of subject merchandise
during the POR. Consistent with
Commerce’s practice, we will not
rescind the review with respect to these
companies, but, rather, will complete
the review and issue instructions based
on the final results.9
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics included in the Preliminary
Decision Memorandum is included as
an appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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 is available at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Rates for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
7 See POSCO’s Letter, ‘‘Certain Hot-Rolled Steel
Flat Products from South Korea, Case No. A–580–
883: No Shipment Letter,’’ dated January 11, 2019.
8 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Korea: POSCO’s
No Shipments Inquiry Instructions,’’ dated
December 5, 2019.
9 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306,
51307 (August 28, 2014).
PO 00000
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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 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 a weighted-average dumping
margin for Hyundai that is not zero, de
minimis, or determined entirely on the
basis of facts available. Accordingly, we
have preliminarily assigned to the
companies not individually examined
in this review a margin of 0.94 percent,
which is the calculated weightedaverage dumping margin for Hyundai.10
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period October 1,
2017 through September 30, 2018:
Exporter/producer
Hyundai Steel Company .............
POSCO/POSCO Daewoo Corporation ...................................
Weightedaverage
dumping
margin
(percent)
0.94
0.94
Disclosure and Public Comment
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). Commerce will establish a
deadline for interested parties to submit
case briefs and rebuttal briefs at a later
date.11 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.12 Case and
10 The non-examined companies subject to this
review are: POSCO and POSCO Daewoo
Corporation.
11 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
12 See 19 CFR 351.309(c)(2) and (d)(2).
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
rebuttal briefs should be filed using
ACCESS 13 and must be served on
interested parties.14 Executive
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.15 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.16 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.17
lotter on DSKBCFDHB2PROD with NOTICES
Assessment Rates
Upon completion of this
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries. If Hyundai’s weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in
the final results of this review, we will
calculate importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
dumping calculated for the importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is not
zero or de minimis. If Hyundai’s
weighted-average dumping margin is
generally 19 CFR 351.303.
19 CFR 351.303(f).
15 See 19 CFR 351.310(c).
16 See 19 CFR 351.310(d).
17 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
zero or de minimis, we will instruct CBP
to liquidate the appropriate entries
without regard to antidumping duties.
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.18
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Hyundai for
which it did not know that the
merchandise was destined to the United
States, we will instruct CBP to liquidate
those entries at the all-others rate if
there is no rate for the intermediate
company(ies) involved in the
transaction.19
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
The following cash 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 Hyundai and
POSCO 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 6.05 percent, the allothers rate established in the less-thanfair-value investigation. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
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19:21 Dec 13, 2019
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18 See
section 751(a)(2)(C) of the Act.
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
19 For
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Notification to Importers
This notice also 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 doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: December 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Cash Deposit Requirements
13 See
14 See
68409
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Affiliation
VI. Particular Market Situation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019–27027 Filed 12–13–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XY050]
Fisheries of the Exclusive Economic
Zone Off Alaska; North Pacific
Observer Program Standard Ex-Vessel
Prices
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
NMFS publishes standard exvessel prices for groundfish and halibut
for the calculation of the observer fee
under the North Pacific Observer
Program (Observer Program). This
notice is intended to provide
information to vessel owners,
processors, registered buyers, and other
Observer Program participants about the
standard ex-vessel prices that will be
SUMMARY:
E:\FR\FM\16DEN1.SGM
16DEN1
]]>Agencies
[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68407-68409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27027]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of certain hot-rolled steel flat products (hot-rolled steel)
from the Republic of Korea (Korea) were made at less than normal value
during the period of review (POR) October 1, 2017 through September 30,
2018. We invite interested parties to comment on these preliminary
results.
DATES: Applicable December 16, 2019.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2018, Commerce initiated the administrative review
of the antidumping duty order on hot-rolled steel from Korea in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).\1\ This
[[Page 68408]]
review covers one mandatory respondent, Hyundai Steel Company
(Hyundai). The remaining companies, POSCO and POSCO Daewoo Corporation
(collectively, POSCO), were not selected for individual examination and
remain subject to this administrative review.\2\ Commerce exercised its
discretion to toll all deadlines affected by the partial federal
government closure from December 22, 2018 through the resumption of
operations on January 29, 2019, resulting in a revised deadline for
these preliminary results.\3\ Additionally, Commerce exercised its
discretion to extend the deadline for the preliminary results until
December 10, 2019.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 63615 (December 11, 2018).
\2\ Commerce previously determined that these companies are
affiliated and should be treated as a single entity. In the absence
of information indicating that we should reevaluate this finding, we
are treating POSCO and POSCO Daewoo Corporation as a single entity.
See Certain Hot-Rolled Steel Flat Products from the Republic of
Korea: Affirmative Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 81 FR 15228
(March 22, 2016), and accompanying Preliminary Decision Memorandum
(PDM) at 6-8, unchanged in Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Final Determination of Sales at Less
Than Fair Value, 81 FR 53419 (August 12, 2016); see also Certain
Hot-Rolled Steel Flat Products from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 56821 (November 14, 2018), and accompanying PDM at 8-9,
unchanged in Certain Hot-Rolled Steel Flat Products from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2016-2017, 84 FR 32720 (July 9, 2019), and accompanying IDM
at 1.
\3\ 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.
\4\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review, 2017-2018,''
dated July 18, 2019; see also Memorandum, ``Certain Hot-Rolled Steel
Flat Products from the Republic of Korea: Second Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review, 2017-2018,'' dated October 16, 2019.
---------------------------------------------------------------------------
Scope of the Order \5\
---------------------------------------------------------------------------
\5\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
---------------------------------------------------------------------------
The products covered by this Order are certain hot-rolled steel
products. For a full description of the scope, see the Preliminary
Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Certain Hot-
Rolled Steel Flat Products from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
On January 11, 2019, POSCO certified it had no reviewable entries,
exports, or sales of subject merchandise to the United States during
the POR.\7\ To confirm POSCO's no-shipment claims, Commerce issued a
no-shipment inquiry to U.S. Customs and Border Protection (CBP) and has
received no information that contradicts POSCO's no shipment claims.\8\
Therefore, we preliminarily determine that POSCO did not have any
shipments of subject merchandise during the POR. Consistent with
Commerce's practice, we will not rescind the review with respect to
these companies, but, rather, will complete the review and issue
instructions based on the final results.\9\
---------------------------------------------------------------------------
\7\ See POSCO's Letter, ``Certain Hot-Rolled Steel Flat Products
from South Korea, Case No. A-580-883: No Shipment Letter,'' dated
January 11, 2019.
\8\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: POSCO's No Shipments Inquiry
Instructions,'' dated December 5, 2019.
\9\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of the topics included in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is made available to the public 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 is
available at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content.
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 a weighted-average
dumping margin for Hyundai that is not zero, de minimis, or determined
entirely on the basis of facts available. Accordingly, we have
preliminarily assigned to the companies not individually examined in
this review a margin of 0.94 percent, which is the calculated weighted-
average dumping margin for Hyundai.\10\
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\10\ The non-examined companies subject to this review are:
POSCO and POSCO Daewoo Corporation.
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Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period October 1, 2017 through September
30, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 0.94
POSCO/POSCO Daewoo Corporation.............................. 0.94
------------------------------------------------------------------------
Disclosure and Public Comment
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). Commerce will establish a deadline for interested parties
to submit case briefs and rebuttal briefs at a later date.\11\ 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.\12\ Case and
[[Page 68409]]
rebuttal briefs should be filed using ACCESS \13\ and must be served on
interested parties.\14\ Executive summaries should be limited to five
pages total, including footnotes.
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\11\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See generally 19 CFR 351.303.
\14\ 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.\15\ 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.\16\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date.
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\15\ See 19 CFR 351.310(c).
\16\ 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.\17\
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\17\ 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 CBP shall assess, antidumping duties on all appropriate
entries. If Hyundai's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in the final results of this
review, we will calculate importer-specific ad valorem antidumping duty
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1). We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific assessment rate
calculated in the final results of this review is not zero or de
minimis. If Hyundai's weighted-average dumping margin is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. 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.\18\
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\18\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Hyundai
for which it did not know that the merchandise was destined to the
United States, we will instruct CBP to liquidate those entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\19\
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\19\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash 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 Hyundai and
POSCO 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 6.05 percent, 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.
Notification to Importers
This notice also 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 doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 9, 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. Preliminary Determination of No Shipments
V. Affiliation
VI. Particular Market Situation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019-27027 Filed 12-13-19; 8:45 am]
BILLING CODE 3510-DS-P
