Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2017, 15112-15114 [2020-05488]
Download as PDF
15112
Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices
conference call number and
confirmation code.
Members of the public are entitled to
submit written comments; the
comments must be received in the
regional office within 30 days following
the meeting. Written comments may be
mailed to the Regional Programs Unit,
U.S. Commission on Civil Rights, 230 S.
Dearborn, Suite 2120, Chicago, IL
60604. They may also be faxed to the
Commission at (312) 353–8324, or
emailed to Corrine Sanders at csanders@
usccr.gov. Persons who desire
additional information may contact the
Regional Programs Unit at (312) 353–
8311.
Records generated from this meeting
may be inspected and reproduced at the
Regional Programs Unit Office, as they
become available, both before and after
the meeting. Records of the meeting will
be available via www.facadatabase.gov
under the Commission on Civil Rights,
Mississippi Advisory Committee link.
Persons interested in the work of this
Committee are directed to the
Commission’s website, https://
www.usccr.gov, or may contact the
Regional Programs Unit at the above
email or street address.
Agenda
I. Welcome and roll call
II. Discussion: Prosecutorial Discretion
in Mississippi
III. Public comment
IV. Next steps
V. Adjournment
Dated: March 12, 2020.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2020–05510 Filed 3–16–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Census Bureau
Census Scientific Advisory Committee
Bureau of the Census,
Department of Commerce.
ACTION: Notice of public meeting;
postponed.
AGENCY:
The Bureau of the Census
(Census Bureau) is giving notice that it
is postponing a meeting of the Census
Scientific Advisory Committee (CSAC).
The meeting was scheduled for March
26 and March 27. The Census Bureau is
postponing that meeting due to health
concerns with the coronavirus. In a
future Federal Register notice, we will
announce a rescheduled date and time
for the CSAC meeting. CSAC
information can be found at the
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:32 Mar 16, 2020
Jkt 250001
following website: https://
www.census.gov/about/cac/sac.html.
FOR FURTHER INFORMATION CONTACT:
Kimberly Leonard, External Stakeholder
Program Manager, Office of Program,
Performance and Stakeholder
Integrations, by mail at Department of
Commerce, U.S. Census Bureau, Room
2K137, 4600 Silver Hill Road,
Washington, DC 20233 or by phone at
301–763–7281, or via email at:
census.scientific.advisory.committee@
census.gov. Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8:00 a.m. and 8:00 p.m.,
Monday through Friday.
The
Census Bureau is giving notice that it is
postponing a meeting of the Census
Scientific Advisory Committee (CSAC).
The Census Bureau originally published
in the Federal Register on Thursday,
March 5, 2020 (85 FR 12891) a notice
announcing that the CSAC would be
meeting on Thursday, March 26, 2020,
from 8:30 a.m. to 5:00 p.m. and on
Friday, March 27, 2020, from 8:30 a.m.
to 2:00 p.m. The Census Bureau is
postponing that meeting. In a future
Federal Register notice, we will
announce a rescheduled date and time
for the CSAC meeting.
The Committee addresses policy,
research, and technical issues relating to
a full range of Census Bureau programs
and activities, including
communications, decennial,
demographic, economic, field
operations, geographic, information
technology, and statistics. Last minute
changes to the schedule are possible,
which could prevent giving advance
public notice of schedule adjustments.
The members of the CSAC are
appointed by the Director, Census
Bureau. The Committee provides
scientific and technical expertise, as
appropriate, to address Census Bureau
program needs and objectives. The
Committee has been established in
accordance with the Federal Advisory
Committee Act (Title 5, United States
Code, Appendix 2, Section 10).
SUPPLEMENTARY INFORMATION:
Dated: March 11, 2020.
Ron S. Jarmin,
Deputy Director, Bureau of the Census.
[FR Doc. 2020–05465 Filed 3–16–20; 8:45 am]
BILLING CODE 3510–07–P
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–879]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Final Results of Countervailing Duty
Administrative Review; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Dongbu
Steel Co., Ltd/Dongbu Incheon Steel
Co., Ltd. (Dongbu) received
countervailable subsidies that are above
de minimis, and that Hyundai Steel
Company (Hyundai Steel) received
countervailable subsidies that are de
minimis. The period of review (POR) is
January 1, 2017 through December 31,
2017.
DATES: Applicable March 17, 2020.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Jun Jack Zhao, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2371 or (202) 482–1396,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION
Background
Commerce published the Preliminary
Results of this review on September 12,
2019.1 In addition, Commerce issued a
post-preliminary determination on the
upstream allegation on electricity on
February 5, 2020.2 For a history of
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.3
On December 30, 2019, we postponed
the final results of this review until
March 10, 2020.4
1 See Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Preliminary Results of
Countervailing Duty Administrative Review, and
Rescission of Review, in Part; 2017, 84 FR 48107
(September 12, 2019) (Preliminary Results) and
accompanying Decision Memorandum (Preliminary
Decision Memorandum).
2 See Memorandum, ‘‘Upstream Subsidy on
Electricity,’’ dated February 5, 2020 (Upstream
Analysis Memorandum).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2017
Administrative Review of the Countervailing Duty
Order on Certain Corrosion-Resistant Steel Products
from the Republic of Korea (Issues and Decision
Memorandum, or IDM), dated concurrently with,
and hereby adopted by, this notice.
4 See Memorandum, ‘‘Certain Corrosion-Resistant
Steel Products from the Republic of Korea:
Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,’’ dated
December 30, 2019.
E:\FR\FM\17MRN1.SGM
17MRN1
Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices
Scope of the Order
The products covered by this order
are certain corrosion-resistant steel
products. For a complete description of
the scope of this order, see attachment
to the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in interested parties’
case briefs are addressed in the Issues
and Decision Memorandum. The issues
are identified in the Appendix to this
notice. 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 to all
parties in the Central Records Unit,
room B8024 of the main Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on the comments received from
interested parties and record
information, we have made changes to
the net subsidy rates calculated for
Dongbu and for those companies not
selected for individual review. The
changes made for Hyundai Steel did not
result in a change to its net subsidy rate.
For a discussion of these issues, see the
Issues and Decision Memorandum.
Methodology
khammond on DSKJM1Z7X2PROD with NOTICES
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found countervailable, we find that
there is a subsidy, i.e., a governmentprovided financial contribution that
gives rise to a benefit to the recipient,
and that the subsidy is specific.5 For a
description of the methodology
underlying all of Commerce’s
conclusions, see the Issues and Decision
Memorandum.
Companies Not Selected for Individual
Review
The statute and Commerce’s
regulations do not directly address the
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
VerDate Sep<11>2014
17:32 Mar 16, 2020
Jkt 250001
establishment of rates to be applied to
companies not selected for individual
examination where Commerce limits its
examination in an administrative review
pursuant to section 777A(e)(2) of the
Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation.
Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to
calculate an all-others rate equal to the
weighted average of the countervailable
subsidy rates established for exporters
and producers individually
investigated, excluding any zero, de
minimis, or rates based entirely on facts
available. In this review, the only
subsidy rate above de minimis is the
rate calculated for Dongbu. Therefore,
for the companies for which a review
was requested that were not selected as
mandatory respondents, we are
applying the subsidy rate calculated for
Dongbu.
Final Results of Administrative Review
In accordance with section
751(a)(1)(A) of the Act and 19 CFR
351.221(b)(5), we determine the total
estimated net countervailable subsidy
rates for the period January 1, 2017
through December 31, 2017 to be as
follows:
Net
countervailable
subsidy rate
(percent ad
valorem)
Company
Dongbu Steel Co., Ltd./
Dongbu Incheon Steel
Co., Ltd.
Hyundai Steel Company ......
Bukook Steel Co., Ltd ..........
CJ Korea Express ................
DK Dongshin Co., Ltd ..........
Dongbu Express ...................
Hongyi (HK) Hardware Products Co., Ltd.
Hyundai Glovis Co., Ltd .......
Jeil Sanup Co., Ltd ..............
POSCO ................................
POSCO C&C ........................
POSCO Daewoo Corp .........
POSCO P&S ........................
Sejung Shipping Co., Ltd .....
SeAH Steel ...........................
Seil Steel Co., Ltd ................
SK Networks Co., Ltd ..........
Soon Hong Trading Co., Ltd
Taisan Construction Co., Ltd
TCC Steel Co., Ltd ...............
Young Sun Steel Co ............
PO 00000
Frm 00005
Fmt 4703
7.16
0.44 (de minimis).
7.16
7.16
7.16
7.16
7.16
7.16
7.16
7.16
7.16
7.16
7.16
7.16
7.16
7.16
7.16
7.16
7.16
7.16
7.16
Sfmt 4703
15113
Assessment and Cash Deposit
Requirements
In accordance with 19 CFR
351.212(b)(2), Commerce intends to
issue appropriate instructions to U.S.
Customs and Border Protection (CBP) 15
days after publication of these final
results to liquidate shipments of subject
merchandise. Because we have
calculated a de minimis countervailable
subsidy rate for Hyundai Steel, we will
instruct CBP to liquidate the appropriate
entries without regard to countervailing
duties in accordance with 19 CFR
351.212. We will instruct CBP to
liquidate shipments of subject
merchandise produced and/or exported
by Dongbu and the above listed
companies, entered or withdrawn from
warehouse for consumption from
January 1, 2017 through December 31,
2017, at the ad valorem rates listed
above for each respective company.
In accordance with section
751(a)(2)(C) of the Ac, we intend also to
instruct CBP to collect cash deposits of
estimated countervailing duties, in the
amounts shown above, with the
exception of Hyundai Steel, on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. Because the countervailable
subsidy rate for Hyundai Steel is de
minimis, Commerce will instruct CBP to
collect cash deposits at a rate of zero for
Hyundai Steel for all shipments of the
subject merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits of
estimated countervailing duties at the
most-recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of 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
E:\FR\FM\17MRN1.SGM
17MRN1
15114
Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices
and terms of an APO is a violation
which is subject to sanction.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding, in accordance with 19
CFR 351.224(b).
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: March 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Changes Since the Preliminary Results
V. Scope of the Order
VI. Period of Review
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Discussion of Comments
Comment 1: Whether the Electricity for
LTAR Upstream Subsidy Allegation
Confers a Benefit
Comment 2: Whether the Subsidy Rate for
the Industrial Technology Innovation
Promotion Act (ITIPA) Grants Was
Improperly Calculated
Comment 3: Whether Tax Credit Programs
Under the RSTA Meet the Specificity
Requirement
Comment 4: Whether Tax Benefits Should
Not Be Adjusted for the Special Rural
Development Tax
Comment 5: Whether the Trading of
Demand Response Resource Program is
Countervailable
Comment 6: Whether the Modal Shift
Program Confers a Countervailable
Benefit
Comment 7: Whether the Non-Government
Banks Were Entrusted or Directed to
Provide a Financial Contribution to
Dongbu through the Debt Restructuring
Program
Comment 8: Whether the Restructuring of
Dongbu’s Existing Loans by GOKcontrolled Banks Provided a Financial
Contribution to Dongbu
Comment 9: Whether the Restructured
Loans Provided to Dongbu were Specific
Comment 10: Whether Commerce Should
Use the Interest Rates from Loans
provided by Commercial Banks
Participating in the Creditor Bank
Committee as Benchmarks
Comment 11: Whether Dongbu Is
Equityworthy and the Debt-to-Equity
Swaps should be Countervailed
Comment 12: Whether Commerce Correctly
Calculated the Benefit to Dongbu from
KDB Short-Term Discounted Loans for
Export Receivables Program
X. Recommendation
[FR Doc. 2020–05488 Filed 3–16–20; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
17:32 Mar 16, 2020
Jkt 250001
DEPARTMENT OF COMMERCE
Scope of the Order
International Trade Administration
The products covered by this order
are certain corrosion-resistant steel
products. For a complete description of
the scope of this order, see attachment
to the IDM.
[A–580–878]
Corrosion-Resistant Steel Products
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Dongkuk
Steel Mill Co., Ltd. (Dongkuk) made
sales of corrosion-resistant steel
products (CORE) from the Republic of
Korea (Korea) at less than normal value,
and Hyundai Steel Company (Hyundai)
did not, during the period of review
(POR), July 1, 2017 through June 30,
2018.
DATES: Applicable March 17, 2020.
FOR FURTHER INFORMATION CONTACT:
Lingjun Wang or Elfi Blum-Page, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2316 or
(202) 482–0197, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results on September 12, 2019.1 On
January 27, 2020, Commerce determined
that a cost-based particular market
situation (PMS) existed with respect to
the production cost of CORE in Korea
during the POR.2 For a history of events
that occurred since the Preliminary
Results, see the IDM.3 On January 2,
2020, Commerce postponed the final
results of this review until March 10,
2020.4
1 See Corrosion-Resistant Steel Products from the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2016–
2017, 84 FR 48118 (September 12, 2019)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Certain CorrosionResistant Steel Products from the Republic of Korea;
2017–2018: Post-Preliminary Decision
Memorandum on Particular Market Situation,’’
dated January 27, 2020 (PMS Memorandum).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments: Certain CorrosionResistant Steel Products from the Republic of Korea;
2017–2018’’, dated concurrently with, and hereby
adopted by, this notice (IDM).
4 See Memorandum, ‘‘Certain Corrosion-Resistant
Steel Products from the Republic of Korea:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties are addressed
in the IDM. The issues are identified in
the Appendix to this notice. The IDM 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 in the
Central Records Unit, room B8024 of the
main Commerce building. In addition, a
complete version of the IDM can be
accessed at https://
enforcement.trade.gov/frn/.
The signed and the electronic versions
of the IDM are identical in content.
Changes Since the Preliminary Results
We increased the cost of the
respondents’ purchased hot-rolled coil
by 17.29 percent for the final results,
revised from the 13.97 percent used in
the post-preliminarily results.5
Final Determination of No Shipments
We received no comments regarding
our preliminary determination of no
shipments with respect to Samsung C&T
Corporation, Hyosung Corporation, and
Hyosung TNC. As the record contains
no other information that calls into
question our preliminary findings, we
continue to find that those three
companies had no shipments of subject
merchandise during the POR.
Rate for Non-Examined Companies
For the final results of this review, the
only weighted-average dumping margin
that is not zero, de minimis, or
determined entirely on the basis of facts
is the margin calculated for Dongkuk.
Thus, Commerce has assigned the
margin calculated for Dongkuk to the
non-examined companies.
Final Results of the Administrative
Review
We have determined the following
weighted-average dumping margins for
the exporters or producers listed below
exist for the POR:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
January 2, 2020.
5 See PMS Memorandum and IDM.
E:\FR\FM\17MRN1.SGM
17MRN1
Agencies
[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15112-15114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05488]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-879]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Final Results of Countervailing Duty Administrative Review; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Dongbu
Steel Co., Ltd/Dongbu Incheon Steel Co., Ltd. (Dongbu) received
countervailable subsidies that are above de minimis, and that Hyundai
Steel Company (Hyundai Steel) received countervailable subsidies that
are de minimis. The period of review (POR) is January 1, 2017 through
December 31, 2017.
DATES: Applicable March 17, 2020.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jun Jack Zhao, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2371 or (202) 482-1396,
respectively.
SUPPLEMENTARY INFORMATION
Background
Commerce published the Preliminary Results of this review on
September 12, 2019.\1\ In addition, Commerce issued a post-preliminary
determination on the upstream allegation on electricity on February 5,
2020.\2\ For a history of events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review, and Rescission of Review, in Part; 2017, 84
FR 48107 (September 12, 2019) (Preliminary Results) and accompanying
Decision Memorandum (Preliminary Decision Memorandum).
\2\ See Memorandum, ``Upstream Subsidy on Electricity,'' dated
February 5, 2020 (Upstream Analysis Memorandum).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017 Administrative Review of the
Countervailing Duty Order on Certain Corrosion-Resistant Steel
Products from the Republic of Korea (Issues and Decision Memorandum,
or IDM), dated concurrently with, and hereby adopted by, this
notice.
---------------------------------------------------------------------------
On December 30, 2019, we postponed the final results of this review
until March 10, 2020.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Extension of Deadline for Final Results
of Countervailing Duty Administrative Review,'' dated December 30,
2019.
---------------------------------------------------------------------------
[[Page 15113]]
Scope of the Order
The products covered by this order are certain corrosion-resistant
steel products. For a complete description of the scope of this order,
see attachment to the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum. The issues are identified in the
Appendix to this notice. 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 to all parties in the Central Records Unit, room
B8024 of the main Commerce building. In addition, a complete version of
the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on the comments received from interested parties and record
information, we have made changes to the net subsidy rates calculated
for Dongbu and for those companies not selected for individual review.
The changes made for Hyundai Steel did not result in a change to its
net subsidy rate. For a discussion of these issues, see the Issues and
Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\5\ For a description of the methodology underlying all of
Commerce's conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
The statute and Commerce's regulations do not directly address the
establishment of rates to be applied to companies not selected for
individual examination where Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and
producers individually investigated, excluding any zero, de minimis, or
rates based entirely on facts available. In this review, the only
subsidy rate above de minimis is the rate calculated for Dongbu.
Therefore, for the companies for which a review was requested that were
not selected as mandatory respondents, we are applying the subsidy rate
calculated for Dongbu.
Final Results of Administrative Review
In accordance with section 751(a)(1)(A) of the Act and 19 CFR
351.221(b)(5), we determine the total estimated net countervailable
subsidy rates for the period January 1, 2017 through December 31, 2017
to be as follows:
------------------------------------------------------------------------
Net countervailable subsidy
Company rate (percent ad valorem)
------------------------------------------------------------------------
Dongbu Steel Co., Ltd./Dongbu Incheon 7.16
Steel Co., Ltd.
Hyundai Steel Company................... 0.44 (de minimis).
Bukook Steel Co., Ltd................... 7.16
CJ Korea Express........................ 7.16
DK Dongshin Co., Ltd.................... 7.16
Dongbu Express.......................... 7.16
Hongyi (HK) Hardware Products Co., Ltd.. 7.16
Hyundai Glovis Co., Ltd................. 7.16
Jeil Sanup Co., Ltd..................... 7.16
POSCO................................... 7.16
POSCO C&C............................... 7.16
POSCO Daewoo Corp....................... 7.16
POSCO P&S............................... 7.16
Sejung Shipping Co., Ltd................ 7.16
SeAH Steel.............................. 7.16
Seil Steel Co., Ltd..................... 7.16
SK Networks Co., Ltd.................... 7.16
Soon Hong Trading Co., Ltd.............. 7.16
Taisan Construction Co., Ltd............ 7.16
TCC Steel Co., Ltd...................... 7.16
Young Sun Steel Co...................... 7.16
------------------------------------------------------------------------
Assessment and Cash Deposit Requirements
In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue
appropriate instructions to U.S. Customs and Border Protection (CBP) 15
days after publication of these final results to liquidate shipments of
subject merchandise. Because we have calculated a de minimis
countervailable subsidy rate for Hyundai Steel, we will instruct CBP to
liquidate the appropriate entries without regard to countervailing
duties in accordance with 19 CFR 351.212. We will instruct CBP to
liquidate shipments of subject merchandise produced and/or exported by
Dongbu and the above listed companies, entered or withdrawn from
warehouse for consumption from January 1, 2017 through December 31,
2017, at the ad valorem rates listed above for each respective company.
In accordance with section 751(a)(2)(C) of the Ac, we intend also
to instruct CBP to collect cash deposits of estimated countervailing
duties, in the amounts shown above, with the exception of Hyundai
Steel, on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. Because the countervailable subsidy rate
for Hyundai Steel is de minimis, Commerce will instruct CBP to collect
cash deposits at a rate of zero for Hyundai Steel for all shipments of
the subject merchandise that are entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review. For all non-reviewed firms, we
will instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the most-recent company-specific or all-others
rate applicable to the company, as appropriate. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
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
[[Page 15114]]
and terms of an APO is a violation which is subject to sanction.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding, in
accordance with 19 CFR 351.224(b).
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Changes Since the Preliminary Results
V. Scope of the Order
VI. Period of Review
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Discussion of Comments
Comment 1: Whether the Electricity for LTAR Upstream Subsidy
Allegation Confers a Benefit
Comment 2: Whether the Subsidy Rate for the Industrial
Technology Innovation Promotion Act (ITIPA) Grants Was Improperly
Calculated
Comment 3: Whether Tax Credit Programs Under the RSTA Meet the
Specificity Requirement
Comment 4: Whether Tax Benefits Should Not Be Adjusted for the
Special Rural Development Tax
Comment 5: Whether the Trading of Demand Response Resource
Program is Countervailable
Comment 6: Whether the Modal Shift Program Confers a
Countervailable Benefit
Comment 7: Whether the Non-Government Banks Were Entrusted or
Directed to Provide a Financial Contribution to Dongbu through the
Debt Restructuring Program
Comment 8: Whether the Restructuring of Dongbu's Existing Loans
by GOK-controlled Banks Provided a Financial Contribution to Dongbu
Comment 9: Whether the Restructured Loans Provided to Dongbu
were Specific
Comment 10: Whether Commerce Should Use the Interest Rates from
Loans provided by Commercial Banks Participating in the Creditor
Bank Committee as Benchmarks
Comment 11: Whether Dongbu Is Equityworthy and the Debt-to-
Equity Swaps should be Countervailed
Comment 12: Whether Commerce Correctly Calculated the Benefit to
Dongbu from KDB Short-Term Discounted Loans for Export Receivables
Program
X. Recommendation
[FR Doc. 2020-05488 Filed 3-16-20; 8:45 am]
BILLING CODE 3510-DS-P