Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017-2018, 15114-15115 [2020-05489]

Download as PDF 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 Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices 2.43 2.43 continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 8.31 percent, the allothers cash deposit rate established in the investigation.6 These cash deposit requirements, when imposed, shall remain in effect until further notice. 2.43 2.43 Notification to Importers Regarding the Reimbursement of Duties Assessment Rates Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and Border Protections (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. We will calculate importerspecific assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for each importer’s examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1). For entries of subject merchandise during the POR produced by each respondent for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of subject merchandise 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 the respondents noted above will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will Notification to Interested Parties Exporter/producer Weightedaverage dumping margin (percent) khammond on DSKJM1Z7X2PROD with NOTICES Dongkuk Steel Mill Co., Ltd .. Hyundai Steel Company ....... Anjeon Tech Co., Ltd ........... Benion Corp. ......................... Dongbu Steel, Co., Ltd ......... Dongbu Incheon Steel Co., Ltd ..................................... GS Global Corp .................... Kima Steel Corporation Ltd .. Mitsubishi Corp. (Korea) Ltd POSCO ................................. POSCO Coated & Color Steel Co., Ltd .................... POSCO Daewoo Corporation SeAH Coated Metal Corporation ............................. Young Steel Co., Ltd ............ VerDate Sep<11>2014 17:32 Mar 16, 2020 2.43 0.00 2.43 2.43 2.43 2.43 2.43 2.43 2.43 2.43 Jkt 250001 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). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). 6 See Certain Corrosion-Resistant Steel Products from India, Italy, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016), as amended by Certain Corrosion-Resistant Steel Products from the Republic of Korea: Notice of Court Decision Not in Harmony with Final Determination of Investigation and Notice of Amended Final Results, 83 FR 39054 (August 8, 2018). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 15115 Dated: March 10, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the IDM I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Companies Not Selected for Individual Examination VI. Final Determination of No Shipments VII. Discussion of the Comments Comment 1: Legal Authority for Applying PMS to the Sales-Below-Cost Test Comment 2: Existence of a PMS Comment 3: Quantifying the PMS Comment 4: Dongkuk’s Constructed Export Price (CEP) Offset Comment 5: Dongkuk’s Inland Freight from Plant to Port of Exportation VII. Recommendation [FR Doc. 2020–05489 Filed 3–16–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA082] New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: This meeting will be held on Thursday, April 2, 2020 at 9 a.m., however, due to the evolving coronavirus situation, the Council may decide to change this meeting to a webinar, possibly on short notice. The Council website and official Council communications are the best source for this information. ADDRESSES: The meeting will be held at the DoubleTree by Hilton, 50 Ferncroft Road, Danvers, MA 01950; telephone: (978) 777–2500. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, SUMMARY: E:\FR\FM\17MRN1.SGM 17MRN1

Agencies

[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Pages 15114-15115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05489]


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DEPARTMENT OF COMMERCE

International Trade Administration

[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

AGENCY: 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: 

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 Corrosion-Resistant 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 Corrosion-Resistant 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: Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review,'' dated January 2, 2020.
---------------------------------------------------------------------------

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 IDM.

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\
---------------------------------------------------------------------------

    \5\ See PMS Memorandum and IDM.
---------------------------------------------------------------------------

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:

[[Page 15115]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd.............................            2.43
Hyundai Steel Company...................................            0.00
Anjeon Tech Co., Ltd....................................            2.43
Benion Corp.............................................            2.43
Dongbu Steel, Co., Ltd..................................            2.43
Dongbu Incheon Steel Co., Ltd...........................            2.43
GS Global Corp..........................................            2.43
Kima Steel Corporation Ltd..............................            2.43
Mitsubishi Corp. (Korea) Ltd............................            2.43
POSCO...................................................            2.43
POSCO Coated & Color Steel Co., Ltd.....................            2.43
POSCO Daewoo Corporation................................            2.43
SeAH Coated Metal Corporation...........................            2.43
Young Steel Co., Ltd....................................            2.43
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine, 
and U.S. Customs and Border Protections (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review. We will calculate importer-
specific assessment rates on the basis of the ratio of the total amount 
of antidumping duties calculated for each importer's examined sales and 
the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1).
    For entries of subject merchandise during the POR produced by each 
respondent for which it did not know its merchandise was destined for 
the United States, we will instruct CBP to liquidate such entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. We intend to issue 
liquidation instructions to CBP 15 days after publication of the final 
results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise 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 
the respondents noted above will be the rate established in the final 
results of this administrative review; (2) for merchandise exported by 
manufacturers or exporters not covered in this administrative 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; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original 
investigation, but the producer is, then the cash deposit rate will be 
the rate established for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 8.31 percent, the all-others cash deposit rate established in the 
investigation.\6\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \6\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016), as amended by Certain Corrosion-Resistant Steel Products from 
the Republic of Korea: Notice of Court Decision Not in Harmony with 
Final Determination of Investigation and Notice of Amended Final 
Results, 83 FR 39054 (August 8, 2018).
---------------------------------------------------------------------------

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) 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 doubled 
antidumping duties.

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). Timely 
written notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and 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) of the Act, and 19 CFR 351.221(b)(5).

    Dated: March 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the IDM

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Companies Not Selected for Individual Examination
VI. Final Determination of No Shipments
VII. Discussion of the Comments
    Comment 1: Legal Authority for Applying PMS to the Sales-Below-
Cost Test
    Comment 2: Existence of a PMS
    Comment 3: Quantifying the PMS
    Comment 4: Dongkuk's Constructed Export Price (CEP) Offset
    Comment 5: Dongkuk's Inland Freight from Plant to Port of 
Exportation
VII. Recommendation
[FR Doc. 2020-05489 Filed 3-16-20; 8:45 am]
 BILLING CODE 3510-DS-P
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