Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019, 69360-69361 [2019-27266]

Download as PDF 69360 Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices Dated: December 10, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Methodology [FR Doc. 2019–27229 Filed 12–17–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–836] Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value. Interested parties are invited to comment on these preliminary results of review. DATES: Applicable December 18, 2019. FOR FURTHER INFORMATION CONTACT: Allison Hollander or Michael A. Romani, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2805 or (202) 482–0198, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 2, 2019, Commerce initiated the administrative review of the antidumping duty order on certain cutto-length carbon-quality steel plate products (CTL plate) from the Republic of Korea (Korea).1 The period of review (POR) is February 1, 2018 through January 31, 2019. Scope of the Order khammond on DSKJM1Z7X2PROD with NOTICES The products covered by the antidumping duty order are certain CTL plate from Korea. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.2 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 18777, 18782 (May 2, 2019) (Initiation Notice). 2 See Memorandum, ‘‘Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2018–2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 16:40 Dec 17, 2019 Jkt 250001 Commerce is conducting this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of the topics included in the Preliminary Decision Memorandum is included in the 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 http://access.trade.gov and to all parties in the Central Records Unit, located at Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/ index.html. The signed and electronic versions of 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 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}.’’ In this review, we have preliminarily calculated weighted-average dumping margins for Dongkuk Steel Mill Co., Ltd. (Dongkuk) and Hyundai Steel Company (Hyundai Steel) that are not zero, de minimis, or determined entirely {on the basis of facts available. Accordingly, Commerce preliminarily has assigned to the companies not individually PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 examined, BDP International and Sung Jin Steel Co., Ltd.,3 a margin of 6.98 percent, which is the weighted average of Dongkuk’s and Hyundai Steel’s calculated weighted-average dumping margins}.4 Preliminary Results of the Administrative Review We preliminarily determine that the following weighted-average dumping margins exist for the respondents for the period February 1, 2018 through January 31, 2019: Producer/exporter Dongkuk Steel Mill Co., Ltd ........ Hyundai Steel Company ............. BDP International ....................... Sung Jin Steel Co., Ltd .............. Weightedaverage dumping margin (percent) 10.92 5.68 6.98 6.98 Disclosure and Public Comment We intend to disclose the calculations performed for these preliminary results to the parties within five days after public announcement of the preliminary results in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.5 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.6 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 ACCESS. An electronically filed document must be received successfully in its entirety via ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.7 Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of 3 See Initiation Notice, 84 FR at 18782. more information regarding the calculation of this margin, see Memorandum, ‘‘Certain Cut-toLength Carbon-Quality Steel Plate Products from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018– 2019; Calculation of the Margin for Non-Examined Companies,’’ dated concurrently with this memorandum. 5 See 19 CFR 351.309(d). 6 See 19 CFR 351.309(c)(2) and (d)(2). 7 See 19 CFR 351.310(c). 4 For E:\FR\FM\18DEN1.SGM 18DEN1 Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates If a respondent’s weighted-average dumping margin is above de minimis in the final results of this review, we will calculate an importer-specific assessment rate based on the ratio of the total amount of dumping calculated for each importer’s examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1).8 If a respondent’s weighted-average dumping margin or an importer-specific assessment rate is zero or de minimis in the final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to liquidate the appropriate entries without regard to antidumping duties in accordance with the Final Modification for Reviews.9 The final results of this administrative review shall be the basis for the assessment of antidumping duties on entries of merchandise under review and for future deposits of estimated duties, where applicable. For entries of subject merchandise during the POR produced by Dongkuk or Hyundai Steel, which Dongkuk or Hyundai (as applicable) did not know was destined for the United States, we will instruct CBP to liquidate these entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For the companies identified above that were not selected for individual examination, we will instruct CBP to liquidate entries at the rates listed above. We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements for estimated antidumping duties will be effective upon publication of the notice of final results of this 8 In these preliminary results, Commerce applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (Final Modification for Reviews). 9 See Final Modification for Reviews, 77 FR at 8103; see also 19 CFR 351.106(c)(2). VerDate Sep<11>2014 16:40 Dec 17, 2019 Jkt 250001 review for all shipments of CTL plate from Korea entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for companies subject to this review will be equal to the weighted-average dumping margins established in the final results of the review; (2) for merchandise exported by companies not covered in this review but covered in a prior segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value (LTFV) investigation but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 0.98 percent,10 the all-others rate established in the LTFV investigation, adjusted for the export-subsidy rate in the companion countervailing duty 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) of the Act and 19 CFR 351.221(b)(4). Dated: December 12, 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. Rates for Non-Examined Companies 10 See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 32629, 32630 (July 13, 2018). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 69361 V. Discussion of the Methodology VI. Currency Conversion VII. Recommendation [FR Doc. 2019–27266 Filed 12–17–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–806] Silicon Metal From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Yunnan Fuyang Trade Co., Ltd. (Fuyang) did not make a bona fide sale during the period of review (POR) June 1, 2017 through May 31, 2018. Therefore, we are rescinding this administrative review. DATES: Applicable December 18, 2019. FOR FURTHER INFORMATION CONTACT: Eli Lovely, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1593. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 14, 2019, Commerce published the Preliminary Results of this review in the Federal Register 1 and invited parties to comment on the Preliminary Results. On September 13, 2019, we received case briefs from Yunnan Fuyang Trade Co., Ltd. (Fuyang) and the petitioner (i.e., Globe Specialty Metals, Inc.). On September 23, 2019, we received rebuttal briefs from Fuyang and the petitioner. Scope of the Order The product covered by the order is silicon metal containing at least 96.00 but less than 99.99 percent of silicon by weight, and silicon metal with a higher aluminum content containing between 89 and 96 percent silicon by weight. For the full text of the scope of the order, see the Issues and Decision Memorandum.2 1 See Silicon Metal From the People’s Republic of China: Preliminary Rescission of the Antidumping Duty Administrative Review; 2017–2018, 84 FR 40395 (August 14, 2019) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty E:\FR\FM\18DEN1.SGM Continued 18DEN1

Agencies

[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69360-69361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27266]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-836]


Certain Cut-to-Length Carbon-Quality Steel Plate Products From 
the Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers and/or exporters subject to this administrative review 
made sales of subject merchandise at less than normal value. Interested 
parties are invited to comment on these preliminary results of review.

DATES: Applicable December 18, 2019.

FOR FURTHER INFORMATION CONTACT: Allison Hollander or Michael A. 
Romani, AD/CVD Operations, Office I, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2805 
or (202) 482-0198, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2019, Commerce initiated the administrative review of the 
antidumping duty order on certain cut-to-length carbon-quality steel 
plate products (CTL plate) from the Republic of Korea (Korea).\1\ The 
period of review (POR) is February 1, 2018 through January 31, 2019.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 18777, 18782 (May 2, 2019) (Initiation 
Notice).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the antidumping duty order are certain CTL 
plate from Korea. A full description of the scope of the order is 
contained in the Preliminary Decision Memorandum.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel 
Plate Products from the Republic of Korea: Decision Memorandum for 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act). Export price and 
constructed export price are calculated in accordance with section 772 
of the Act. Normal value is calculated in accordance with section 773 
of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is included in 
the 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 
http://access.trade.gov and to all parties in the Central Records Unit, 
located at Room B8024 of the main Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be found at 
http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of 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 
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 Dongkuk Steel Mill Co., Ltd. (Dongkuk) and Hyundai 
Steel Company (Hyundai Steel) that are not zero, de minimis, or 
determined entirely {on the basis of facts available. Accordingly, 
Commerce preliminarily has assigned to the companies not individually 
examined, BDP International and Sung Jin Steel Co., Ltd.,\3\ a margin 
of 6.98 percent, which is the weighted average of Dongkuk's and Hyundai 
Steel's calculated weighted-average dumping margins{time} .\4\
---------------------------------------------------------------------------

    \3\ See Initiation Notice, 84 FR at 18782.
    \4\ For more information regarding the calculation of this 
margin, see Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel 
Plate Products from the Republic of Korea: Preliminary Results of 
Antidumping Duty Administrative Review; 2018-2019; Calculation of 
the Margin for Non-Examined Companies,'' dated concurrently with 
this memorandum.
---------------------------------------------------------------------------

Preliminary Results of the Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the respondents for the period February 1, 
2018 through January 31, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd.................................       10.92
Hyundai Steel Company.......................................        5.68
BDP International...........................................        6.98
Sung Jin Steel Co., Ltd.....................................        6.98
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after public 
announcement of the preliminary results in accordance with 19 CFR 
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs not later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\5\ 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.\6\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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 
ACCESS. An electronically filed document must be received successfully 
in its entirety via ACCESS by 5:00 p.m. Eastern Time within 30 days 
after the date of publication of this notice.\7\ Requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of

[[Page 69361]]

issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. Commerce intends to issue 
the final results of this administrative review, including the results 
of its analysis of the issues raised in any written briefs, not later 
than 120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Assessment Rates

    If a respondent's weighted-average dumping margin is above de 
minimis in the final results of this review, we will calculate an 
importer-specific assessment rate based on the ratio of the total 
amount of dumping calculated for each importer's examined sales and the 
total entered value of the sales in accordance with 19 CFR 
351.212(b)(1).\8\ If a respondent's weighted-average dumping margin or 
an importer-specific assessment rate is zero or de minimis in the final 
results of this review, we will instruct U.S. Customs and Border 
Protection (CBP) to liquidate the appropriate entries without regard to 
antidumping duties in accordance with the Final Modification for 
Reviews.\9\ The final results of this administrative review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise under review and for future deposits of estimated duties, 
where applicable.
---------------------------------------------------------------------------

    \8\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \9\ See Final Modification for Reviews, 77 FR at 8103; see also 
19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by 
Dongkuk or Hyundai Steel, which Dongkuk or Hyundai (as applicable) did 
not know was destined for the United States, we will instruct CBP to 
liquidate these entries at the all-others rate if there is no rate for 
the intermediate company(ies) involved in the transaction.
    For the companies identified above that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rates listed above.
    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 for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of this review for all shipments of CTL plate from Korea 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2) of the Act: (1) 
The cash deposit rate for companies subject to this review will be 
equal to the weighted-average dumping margins established in the final 
results of the review; (2) for merchandise exported by companies not 
covered in this review but covered in a prior segment of this 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
less-than-fair-value (LTFV) investigation but the producer is, then the 
cash deposit rate will be the rate established for the most recently 
completed segment for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
0.98 percent,\10\ the all-others rate established in the LTFV 
investigation, adjusted for the export-subsidy rate in the companion 
countervailing duty investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \10\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate 
Products from the Republic of Korea: Final Results of Antidumping 
Duty Administrative Review; 2016-2017, 83 FR 32629, 32630 (July 13, 
2018).
---------------------------------------------------------------------------

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) of the Act and 19 CFR 351.221(b)(4).

    Dated: December 12, 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. Rates for Non-Examined Companies
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2019-27266 Filed 12-17-19; 8:45 am]
 BILLING CODE 3510-DS-P