Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Final Results and Final Determination of No Shipments of Antidumping Duty Administrative Review; 2016-2018, 70951-70953 [2019-27807]
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices
certification is maintained for the AD/CVD
orders on CORE from China (stating that the
merchandise was not produced from HRS
and/or CRS from China), but no other
certification is maintained, then Commerce
intends to instruct CBP to suspend the entry
and collect cash deposits at the AD and CVD
all-others rates (i.e., 8.31 percent and 1.19
percent, respectively) applicable to the AD/
CVD orders on CORE from Korea.10
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix III
Importer Certification
I hereby certify that:
• My name is {INSERT COMPANY
OFFICIAL’S NAME HERE} and I am an
official of {INSERT NAME OF IMPORTING
COMPANY};
• I have direct personal knowledge of the
facts regarding the importation into the
Customs territory of the United States of the
corrosion-resistant steel products produced
in Vietnam that entered under entry
number(s) {INSERT ENTRY NUMBER(S)}
and are covered by this certification. ‘‘Direct
personal knowledge’’ refers to facts the
certifying party is expected to have in its own
records. For example, the importer should
have ‘‘direct personal knowledge’’ of the
importation of the product (e.g., the name of
the exporter) in its records;
• I have personal knowledge of the facts
regarding the production of the imported
products covered by this certification.
‘‘Personal knowledge’’ includes facts
obtained from another party, (e.g.,
correspondence received by the importer (or
exporter) from the producer regarding the
source of the input used to produce the
imported products);
• These corrosion-resistant steel products
produced in Vietnam do not contain hotrolled steel and/or cold-rolled steel substrate
produced in Korea:
• I understand that {INSERT NAME OF
IMPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
mill certificates, productions records,
invoices, etc.) for the later of (1) a period of
five years from the date of entry or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries;
• I understand that {INSERT NAME OF
IMPORTING COMPANY} is required to
provide this certification and supporting
records, upon request, to U.S. Customs and
Border Protection (CBP) and/or the
Department of Commerce (Commerce);
• I understand that {INSERT NAME OF
IMPORTING COMPANY} is required to
maintain a copy of the exporter’s certification
for the later of (1) a period of five years from
the date of entry or (2) a period of three years
after the conclusion of any litigation in
United States courts regarding such entries;
• I understand that {INSERT NAME OF
IMPORTING COMPANY} is required to
maintain and provide a copy of the exporter’s
10 See
China CORE Orders.
VerDate Sep<11>2014
16:53 Dec 23, 2019
Jkt 250001
certification and supporting records, upon
request, to CBP and/or Commerce;
• I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce;
• I understand that failure to maintain the
required certification and/or failure to
substantiate the claims made herein will
result in:
Æ Suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met and
Æ the requirement that the importer post
applicable antidumping/countervailing duty
(AD and/or CVD) cash deposits equal to the
rates as determined by Commerce;
• I understand that agents of the importer,
such as brokers, are not permitted to make
this certification;
• This certification was completed at or
prior to the time of Entry; and
• I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make materially
false statements to the U.S. government.
Signature
lllllllllllllllllllll
NAME OF COMPANY OFFICIAL
lllllllllllllllllllll
TITLE
Appendix IV
Exporter Certification
I hereby certify that:
• My name is {INSERT COMPANY
OFFICIAL’S NAME HERE} and I am an
official of {INSERT NAME OF EXPORTING
COMPANY};
• I have direct personal knowledge of the
facts regarding the production and
exportation of the corrosion-resistant steel
products that were sold to the United States
under invoice number(s) INSERT INVOICE
NUMBER(S). ‘‘Direct personal knowledge’’
refers to facts the certifying party is expected
to have in its own books and records. For
example, an exporter should have ‘‘direct
personal knowledge’’ of the producer’s
identity and location.
• The {MERCHANDISE} covered this
certification was produced by {NAME OF
PRODUCING COMPANY}, located at
{ADDRESS OF PRODUCING COMPANY};
for each additional company, repeat: {NAME
OF PRODUCING COMPANY}, located at
{ADDRESS OF PRODUCING COMPANY}.
• These corrosion-resistant steel products
produced in Vietnam do not contain hotrolled steel and/or cold-rolled steel substrate
produced in Korea:
• I understand that {INSERT NAME OF
EXPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
mill certificates, productions records,
invoices, etc.) for the later of (1) a period of
five years from the date of entry or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries;
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
70951
• I understand that {INSERT NAME OF
EXPORTING COMPANY} must provide this
Exporter Certification to the U.S. importer by
the time of shipment;
• I understand that {INSERT NAME OF
EXPORTING COMPANY} is required to
provide a copy of this certification and
supporting records, upon request, to U.S.
Customs and Border Protection (CBP) and/or
the Department of Commerce (Commerce);
• I understand that the claims made
herein, and the substantiating documentation
are subject to verification by CBP and/or
Commerce;
• I understand that failure to maintain the
required certification and/or failure to
substantiate the claims made herein will
result in:
Æ suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met and
Æ the requirement that the importer post
applicable antidumping/antidumping duty
(AD and/or CVD) cash deposits equal to the
rates as determined by Commerce;
• This certification was completed at or
prior to the time of shipment; and
• I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make materially
false statements to the U.S. government.
Signature
lllllllllllllllllllll
Name of Company Official
lllllllllllllllllllll
Title
lllllllllllllllllllll
Date
[FR Doc. 2019–27814 Filed 12–23–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–887]
Carbon and Alloy Steel Cut-to-Length
Plate From the Republic of Korea:
Final Results and Final Determination
of No Shipments of Antidumping Duty
Administrative Review; 2016–2018
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on Carbon and
Alloy Steel Cut-to-Length Plate from the
Republic of Korea. The period of review
(POR) is November 14, 2016 through
April 30, 2018. The review covers
fourteen producer and/or exporters of
the subject merchandise, including
POSCO, POSCO Daewoo Corporation,
and POSCO Processing & Service Co.,
Ltd. (which are part of the POSCO
single entity), as well as eleven other
AGENCY:
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70952
Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices
companies not selected for individual
examination. We determine that U.S.
sales of subject merchandise by the
POSCO single entity were made at
prices below normal value (NV).
Additionally, two companies, Hyundai
Steel Corporation (Hyundai Steel) and
Hyundai Glovis Co. Ltd. (Hyundai
Glovis), were found to have no
shipments during the POR.
DATES: Applicable December 26, 2019.
FOR FURTHER INFORMATION CONTACT:
Michael Bowen or William Horn, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–0768 or
(202) 482–4868, respectively.
SUPPLEMENTARY INFORMATION:
7211.19.6000, 7211.19.7590,
7211.90.0000, 7212.40.1000,
7212.40.5000, 7212.50.0000,
7214.10.000, 7214.30.0010,
7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090,
7225.11.0000, 7225.19.0000,
7225.40.5110, 7225.40.5130,
7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090,
7206.11.1000, 7226.11.9060,
7229.19.1000, 7226.19.9000,
7226.91.0500, 7226.91.1530,
7226.91.1560, 7226.91.2530,
7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written product description of
the scope of the Order is dispositive. For
a complete description of the scope of
the Order, see the Preliminary Results.4
Background 1
Commerce published the Preliminary
Results on July 11, 2019.2 For events
subsequent to the Preliminary Results,
see Commerce’s Issues and Decision
Memorandum.3
Analysis of Comments Received
In the Issues and Decision
Memorandum, we addressed all issues
raised in the interested parties’ case and
rebuttal briefs. In the Appendix to this
notice, we provide a list of the issues
raised by the parties. The Issues and
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 ACCESS is
available to all parties in the Central
Records Unit (CRU), Room B8024 of the
main Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
khammond on DSKJM1Z7X2PROD with NOTICES
Scope of the Order
The merchandise subject to the Order
is Carbon and Alloy Steel Cut-to-Length
Plate. The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7225.40.1110, 7225.40.1180,
7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the
investigations may also enter under the
following HTSUS item numbers:
7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.19.1500,
7211.19.2000, 7211.19.4500,
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate From Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096 (May 25, 2017) (Order).
2 See Carbon and Alloy Steel Cut-to-Length Plate
from the Republic of Korea: Preliminary Results of
Antidumping Duty Review; 2016–2018, 84 FR 34119
(July 17, 2019) (Preliminary Results), and the
accompanying Preliminary Decision Memorandum
(PDM).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results in the 2016–
2018 Antidumping Duty Administrative Review of
Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
VerDate Sep<11>2014
16:53 Dec 23, 2019
Jkt 250001
Final Determination of No Shipments
In the Preliminary Results we
erroneously determined a weightedaverage dumping margin for Hyundai
Steel and Hyundai Glovis based on the
rate determined for POSCO. In these
final results we find that Hyundai Steel
and Hyundai Glovis made no shipments
during the POR.5
Final Results of the Review
As a result of this review, we
determine the following weightedaverage dumping margins exist for the
POR:
4 See Preliminary Results, and the accompanying
PDM at 3–7.
5 See Issues and Decision Memorandum at
Comment 11.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
Exporter or producer
POSCO single entity 6 ...........................
Review-Specific Average Rate Applicable to the Following Companies 7:
Buma Ce Co., Ltd ..............................
Dong Yang Steel Pipe Co., Ltd .........
Dongkuk Steel Mill Co., Ltd ...............
Expeditors Korea Ltd .........................
Haem Co., Ltd ...................................
J.I. Sea & Air Express Co., Ltd .........
Maxpeed Co., Ltd ..............................
Ramses Logistics Co., Ltd .................
Sumitomo Corp. Korea Ltd ................
Weightedaverage
dumping
margin
(percent)
19.87
19.87
19.87
19.87
19.87
19.87
19.87
19.87
19.87
19.87
Assessment Rates
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with these
final results of review.8
Pursuant to 19 CFR 351.212(b)(1),
where the POSCO single entity reported
the entered value of its U.S. sales, we
calculated 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 such sales. Where the POSCO
single entity did not report the entered
value of its U.S. sales, we calculated
importer-specific assessment rates based
on the ratio of the total amount of
dumping calculated for the importer’s
examined sales and the total quantity of
those sales, in accordance with 19 CFR
351.212(b)(1). Where we calculated a
per-unit assessment rate, we also
calculated an ad valorem importerspecific assessment rate based on
estimated entered values with which to
assess whether the per-unit assessment
rate is de minimis. We will instruct CBP
to assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific ad
valorem assessment rate calculation in
the final results of this review is not
zero or de minimis (i.e., less than 0.5
percent). Where either the respondent’s
6 Commerce has determined that POSCO, POSCO
Daewoo Corporation, POSCO Processing and
Service Co., Ltd., Taechang Steel Co., Ltd., Winsteel
Co., Ltd, Moonbae Steel Co., Ltd., Dae Dong Steel
Co., Ltd, SPFC Co., Ltd., Steel Flower Co., Ltd., TC–
TECH, Shinjin Esco Co., Ltd., POSCO Plantec., Ltd.,
POSCO Engineering and Construction Co., Ltd., Hi
Steel Co., Ltd., Miju Steel, POSCO Eng., and Shilla
Steel Co., Ltd. are affiliated pursuant to section
771(33)(E) of the Act, and further that these
companies should be treated as a single entity
(collectively, POSCO single entity) pursuant to 19
CFR 351.401(f). See Issues and Decision
Memorandum at Comment 1.
7 This rate is based on the rate for the sole
respondent that was selected for individual review.
See section 735(c)(5)(A) of the Act.
8 See 19 CFR 351.212(b).
E:\FR\FM\26DEN1.SGM
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
weight-averaged dumping margin is
zero or de minimis, or an importerspecific ad valorem assessment rate is
zero or de minimis,9 we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
We intend to instruct CBP to take into
account the ‘‘provisional measures
deposit cap,’’ in accordance with 19
CFR 351.212(d).
For each company that was not
selected for individual examination, we
will instruct CBP to assess antidumping
duties at a rate equal to the weightedaverage dumping margin determined for
that company in the final results of this
review.
For each company which we
determined had ‘‘no shipments’’ of the
subject merchandise during the POR
(i.e., Hyundai Steel and Hyundai
Glovis), we will instruct CBP to
liquidate all POR entries associated with
these companies at the all-others rate
(i.e., 7.10 percent) 10 established in the
less-than-fair-value (LTFV) investigation
if there is no rate for the intermediate
company(ies) involved in the
transaction, consistent with Commerce’s
reseller policy.11 We intend to issue
instructions to CBP 15 days after the
date of publication of the final results of
this review.
Cash Deposit Requirements
The following 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 each company
listed above will be equal to the
weighted-average dumping margin
established for that company in the final
results of this administrative review; (2)
for merchandise exported by a producer
or exporter 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 the producer or exporter
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original LTFV
investigation, but the producer is, then
the cash deposit rate will be the rate
established for the most recently
completed segment of the proceeding
9 See
19 CFR 351.106(c)(2).
Order, 84 FR at 24098.
11 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
10 See
VerDate Sep<11>2014
16:53 Dec 23, 2019
Jkt 250001
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 7.10 percent ad valorem, the allothers rate established in the LTFV
investigation.12
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
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 the 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 Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (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/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: December 16, 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. Changes from the Preliminary Results
IV. Discussion of the Issues
Comment 1: Collapsing POSCO with
Certain Affiliated Companies
Comment 2: Treatment of Collapsed
Company Names
Comment 3: Double-Counting of Freight
Revenue
12 See
PO 00000
Order, 84 FR at 24098.
Frm 00026
Fmt 4703
Sfmt 4703
70953
Comment 4: CEP Offset
Comment 5: Sales to Affiliated Parties
Comment 6: Miscellaneous Income Offset
to General and Administrative Expenses
Comment 7: Purchases from Affiliated
Suppliers
Comment 8: Costs Related to Greenhouse
Gases
Comment 9: Cost Averaging Adjustments
Comment 10: Revaluation of Defective
Slabs
Comment 11: Hyundai’s No Shipment
Claims
V. Recommendation
[FR Doc. 2019–27807 Filed 12–23–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XV159]
Fisheries of the South Atlantic;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of scheduled SEDAR 60
South Atlantic Red Porgy Assessment
Webinar II.
AGENCY:
The SEDAR 60 assessment of
the South Atlantic stock of Red Porgy
will consist of a data webinar, an inperson workshop, and a series
assessment webinars.
DATES: The SEDAR 60 Red Porgy
Assessment Webinar II has been
scheduled for Monday, February 6,
2020, from 9 a.m. to 12 p.m., EST.
ADDRESSES:
Meeting address: The meeting will be
held via webinar. The webinar is open
to members of the public. Registration is
available online at: https://
attendee.gotowebinar.com/register/
8550228332194135564.
SEDAR address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405;
www.sedarweb.org.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Kathleen Howington, SEDAR
Coordinator, 4055 Faber Place Drive,
Suite 201, North Charleston, SC 29405;
phone: (843) 571–4366; email:
Kathleen.Howington@safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions,
E:\FR\FM\26DEN1.SGM
26DEN1
]]>Agencies
[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70951-70953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27807]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-887]
Carbon and Alloy Steel Cut-to-Length Plate From the Republic of
Korea: Final Results and Final Determination of No Shipments of
Antidumping Duty Administrative Review; 2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on Carbon and Alloy
Steel Cut-to-Length Plate from the Republic of Korea. The period of
review (POR) is November 14, 2016 through April 30, 2018. The review
covers fourteen producer and/or exporters of the subject merchandise,
including POSCO, POSCO Daewoo Corporation, and POSCO Processing &
Service Co., Ltd. (which are part of the POSCO single entity), as well
as eleven other
[[Page 70952]]
companies not selected for individual examination. We determine that
U.S. sales of subject merchandise by the POSCO single entity were made
at prices below normal value (NV). Additionally, two companies, Hyundai
Steel Corporation (Hyundai Steel) and Hyundai Glovis Co. Ltd. (Hyundai
Glovis), were found to have no shipments during the POR.
DATES: Applicable December 26, 2019.
FOR FURTHER INFORMATION CONTACT: Michael Bowen or William Horn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone (202) 482-0768 or (202) 482-
4868, respectively.
SUPPLEMENTARY INFORMATION:
Background \1\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate From
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096 (May 25, 2017) (Order).
---------------------------------------------------------------------------
Commerce published the Preliminary Results on July 11, 2019.\2\ For
events subsequent to the Preliminary Results, see Commerce's Issues and
Decision Memorandum.\3\
---------------------------------------------------------------------------
\2\ See Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea: Preliminary Results of Antidumping Duty Review;
2016-2018, 84 FR 34119 (July 17, 2019) (Preliminary Results), and
the accompanying Preliminary Decision Memorandum (PDM).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the 2016-2018 Antidumping Duty Administrative
Review of Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is Carbon and Alloy Steel Cut-
to-Length Plate. The product is currently classified under the
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and
7226.91.5000.
The products subject to the investigations may also enter under the
following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.10.000, 7214.30.0010, 7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090,
7206.11.1000, 7226.11.9060, 7229.19.1000, 7226.19.9000, 7226.91.0500,
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180. The HTSUS subheadings are provided for
convenience and customs purposes only; the written product description
of the scope of the Order is dispositive. For a complete description of
the scope of the Order, see the Preliminary Results.\4\
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\4\ See Preliminary Results, and the accompanying PDM at 3-7.
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Analysis of Comments Received
In the Issues and Decision Memorandum, we addressed all issues
raised in the interested parties' case and rebuttal briefs. In the
Appendix to this notice, we provide a list of the issues raised by the
parties. The Issues and 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 ACCESS is available to all parties in the Central Records Unit
(CRU), Room B8024 of the main Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
Final Determination of No Shipments
In the Preliminary Results we erroneously determined a weighted-
average dumping margin for Hyundai Steel and Hyundai Glovis based on
the rate determined for POSCO. In these final results we find that
Hyundai Steel and Hyundai Glovis made no shipments during the POR.\5\
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\5\ See Issues and Decision Memorandum at Comment 11.
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Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
POSCO single entity \6\..................................... 19.87
Review-Specific Average Rate Applicable to the Following
Companies \7\:
Buma Ce Co., Ltd.......................................... 19.87
Dong Yang Steel Pipe Co., Ltd............................. 19.87
Dongkuk Steel Mill Co., Ltd............................... 19.87
Expeditors Korea Ltd...................................... 19.87
Haem Co., Ltd............................................. 19.87
J.I. Sea & Air Express Co., Ltd........................... 19.87
Maxpeed Co., Ltd.......................................... 19.87
Ramses Logistics Co., Ltd................................. 19.87
Sumitomo Corp. Korea Ltd.................................. 19.87
------------------------------------------------------------------------
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with these final results of
review.\8\
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\6\ Commerce has determined that POSCO, POSCO Daewoo
Corporation, POSCO Processing and Service Co., Ltd., Taechang Steel
Co., Ltd., Winsteel Co., Ltd, Moonbae Steel Co., Ltd., Dae Dong
Steel Co., Ltd, SPFC Co., Ltd., Steel Flower Co., Ltd., TC-TECH,
Shinjin Esco Co., Ltd., POSCO Plantec., Ltd., POSCO Engineering and
Construction Co., Ltd., Hi Steel Co., Ltd., Miju Steel, POSCO Eng.,
and Shilla Steel Co., Ltd. are affiliated pursuant to section
771(33)(E) of the Act, and further that these companies should be
treated as a single entity (collectively, POSCO single entity)
pursuant to 19 CFR 351.401(f). See Issues and Decision Memorandum at
Comment 1.
\7\ This rate is based on the rate for the sole respondent that
was selected for individual review. See section 735(c)(5)(A) of the
Act.
\8\ See 19 CFR 351.212(b).
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Pursuant to 19 CFR 351.212(b)(1), where the POSCO single entity
reported the entered value of its U.S. sales, we calculated 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 such sales. Where the
POSCO single entity did not report the entered value of its U.S. sales,
we calculated importer-specific assessment rates based on the ratio of
the total amount of dumping calculated for the importer's examined
sales and the total quantity of those sales, in accordance with 19 CFR
351.212(b)(1). Where we calculated a per-unit assessment rate, we also
calculated an ad valorem importer-specific assessment rate based on
estimated entered values with which to assess whether the per-unit
assessment rate is de minimis. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific ad valorem assessment rate calculation in
the final results of this review is not zero or de minimis (i.e., less
than 0.5 percent). Where either the respondent's
[[Page 70953]]
weight-averaged dumping margin is zero or de minimis, or an importer-
specific ad valorem assessment rate is zero or de minimis,\9\ we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
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\9\ See 19 CFR 351.106(c)(2).
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We intend to instruct CBP to take into account the ``provisional
measures deposit cap,'' in accordance with 19 CFR 351.212(d).
For each company that was not selected for individual examination,
we will instruct CBP to assess antidumping duties at a rate equal to
the weighted-average dumping margin determined for that company in the
final results of this review.
For each company which we determined had ``no shipments'' of the
subject merchandise during the POR (i.e., Hyundai Steel and Hyundai
Glovis), we will instruct CBP to liquidate all POR entries associated
with these companies at the all-others rate (i.e., 7.10 percent) \10\
established in the less-than-fair-value (LTFV) investigation if there
is no rate for the intermediate company(ies) involved in the
transaction, consistent with Commerce's reseller policy.\11\ We intend
to issue instructions to CBP 15 days after the date of publication of
the final results of this review.
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\10\ See Order, 84 FR at 24098.
\11\ 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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Cash Deposit Requirements
The following 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 each company
listed above will be equal to the weighted-average dumping margin
established for that company in the final results of this
administrative review; (2) for merchandise exported by a producer or
exporter 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 the producer or exporter participated; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original LTFV investigation, but the producer is, then the cash deposit
rate will be the rate established for the most recently completed
segment of the proceeding for the producer of the merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 7.10 percent ad valorem, the all-others rate established
in the LTFV investigation.\12\
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\12\ See Order, 84 FR at 24098.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
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 the 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 Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (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/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: December 16, 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. Changes from the Preliminary Results
IV. Discussion of the Issues
Comment 1: Collapsing POSCO with Certain Affiliated Companies
Comment 2: Treatment of Collapsed Company Names
Comment 3: Double-Counting of Freight Revenue
Comment 4: CEP Offset
Comment 5: Sales to Affiliated Parties
Comment 6: Miscellaneous Income Offset to General and
Administrative Expenses
Comment 7: Purchases from Affiliated Suppliers
Comment 8: Costs Related to Greenhouse Gases
Comment 9: Cost Averaging Adjustments
Comment 10: Revaluation of Defective Slabs
Comment 11: Hyundai's No Shipment Claims
V. Recommendation
[FR Doc. 2019-27807 Filed 12-23-19; 8:45 am]
BILLING CODE 3510-DS-P
