Certain Cold Rolled Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2017-2018, 41955-41957 [2020-15051]
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Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices
or iron-based alloys, whether or not
corrugated or painted, varnished,
laminated, or coated with plastics or
other non-metallic substances in
addition to the metallic coating. For a
complete description of the scope of the
orders, see the Issues and Decision
Memorandum.
Scope of the Anti-Circumvention
Inquiries
These anti-circumvention inquiries
cover CORE completed in Guatemala
from HRS and/or CRS substrate input
manufactured in China and
subsequently exported to the United
States (merchandise subject to these
inquiries).
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in these
inquiries are addressed in the Issues and
Decision Memorandum. A list of the
issues raised is attached to this notice at
the Appendix.
Based on our analysis of the
comments received from interested
parties and our findings at verification,
we made no revisions to the Preliminary
Determination.
Final Negative Determination of
Circumvention
We determine that exports to the
United States of CORE completed in
Guatemala from HRS and/or CRS
substrate manufactured in China are not
circumventing the China CORE Orders
at this time.
Notification Regarding Administrative
Protective Order
This notice will serve as the only
reminder to all parties subject to
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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.
jbell on DSKJLSW7X2PROD with NOTICES
Notification to Interested Parties
This determination is issued and
published in accordance with section
781(b) of the Tariff Act of 1930
(amended) and 19 CFR 351.225(f).
Dated: July 6, 2020.
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. Scope of the Orders
IV. Scope of the Anti-Circumvention
Inquiries
V. Changes Since the Preliminary
Determination
VI. Statutory Framework
VII. Statutory Analysis
VIII. Discussion of the Issues
Comment 1: Whether Ternium Guatemala
Consumed Chinese-Origin Steel During
the POI
Comment 2: Whether to Implement a
Certification Regime
IX. Recommendation
[FR Doc. 2020–15040 Filed 7–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–881]
Certain Cold Rolled Steel Flat Products
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Hyundai
Steel Company (Hyundai) and POSCO/
POSCO Daewoo Co., Ltd. (POSCO/
PDW), producers/exporters of certain
cold rolled steel flat products (coldrolled steel) from the Republic of Korea
(Korea), did not sell subject
merchandise in the United States at
prices below normal value during the
period of review (POR) September 1,
2017 through August 31, 2018.
DATES: Applicable July 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney or Marc Castillo, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4475 or (202) 482–0519,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On November 18, 2019, Commerce
published the Preliminary Results of
VerDate Sep<11>2014
20:25 Jul 10, 2020
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41955
this administrative review.1 For a
history of events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.2 We invited
interested parties to comment on the
Preliminary Results. Between January 3,
2020 and January 13, 2020, Commerce
received timely filed case briefs and
rebuttal briefs from various interested
parties.
On March 12, 2020, we extended the
deadline for the final results.3 On April
24, 2020, Commerce tolled all deadlines
in administrative reviews by 50 days,
thereby extending these final results
until July 6, 2020.4
Commerce conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The product covered by the Order 5 is
cold-rolled steel the Republic of Korea.
For a complete description of the scope
of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted with this notice. 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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
1 See Certain Cold Rolled Steel Flat Products from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2017–
2018, 84 FR 63607 (November 18, 2019)
(Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2017–
2018 Administrative Review of the Antidumping
Duty Order on Certain Cold-Rolled Steel Flat
Products from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Memorandum, ‘‘Certain Cold-Rolled Steel
Flat Products from the Republic of Korea: Extension
of Deadline for Final Results of Antidumping Duty
Administrative Review,’’ dated March 12, 2020.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
5 See Certain Cold Rolled Steel Flat Products from
Brazil, India, the Republic of Korea, and the United
Kingdom: Amended Final Affirmative Antidumping
Determinations for Brazil and the United Kingdom
and Antidumping Duty Orders, 81 FR 64432
(September 20, 2016) (Order).
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Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made certain
changes to the margin calculations for
POSCO/PDW and Hyundai Steel. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Rates for Non-Examined Companies
The Act and Commerce’s regulations
do not address the establishment of a
rate to be applied to companies not
selected for individual examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation, for
guidance when calculating the rate for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
For these final results, we have
calculated 0.00 percent weightedaverage dumping margins for both
Hyundai and POSCO/PDW, and we
have not calculated any margins which
are not zero, de minimis, or determined
entirely on the basis of facts available.
Accordingly, we have assigned to the
companies not individually examined
(i.e., Dongbu Steel Co., Ltd. and Dongbu
Steel Incheon Steel Co., Ltd.) a margin
of 0.00 percent, which is the average of
the margins calculated for POSCO/PDW
and Hyundai.
Results of Review
Commerce determines that the
following weighted-average dumping
margins exist for the period September
1, 2017 through August 31, 2018:
jbell on DSKJLSW7X2PROD with NOTICES
Producer/Exporter
Weightedaverage
dumping margin
(percent)
Hyundai Steel Company
POSCO/POSCO Daewoo
Co., Ltd .......................
Non-Examined Companies ..............................
VerDate Sep<11>2014
20:25 Jul 10, 2020
0.00
Disclosure
Commerce intends to disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of this administrative review in
the Federal Register.
Where a respondent reported reliable
entered values of their U.S. sales, we
calculated importer- (or customer-)
specific ad valorem assessment rates by
aggregating the dumping margins
calculated for all U.S. sales to each
importer (or customer) and dividing this
amount by the total entered value of the
sales to each importer (or customer).6
Where Commerce calculated a
weighted-average dumping margin by
dividing the total amount of dumping
for reviewed sales to that party by the
total sales quantity associated with
those transactions, Commerce intends to
direct CBP to assess importer- (or
customer-) specific assessment rates
based on the resulting per-unit rates.7
Where an importer- (or customer-)
specific ad valorem or per-unit rate is
greater than de minimis (i.e., 0.50
percent), Commerce intends to instruct
CBP to collect the appropriate duties at
the time of liquidation.8 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is zero or de
minimis, Commerce intends to instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.9
For the companies which were not
selected for individual review, we
intend to assign an assessment rate
based on the methodology described in
the ‘‘Rates for Non-Examined
Companies’’ section, above.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by POSCO/PDW, Hyundai
Steel, or the non-examined companies
for which the producer did not know
that its merchandise was destined for
the United States, we intend to instruct
0.00
0.00
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PO 00000
6 See
19 CFR 351.212(b)(1).
7 Id.
8 Id.
9 See
19 CFR 351.106(c)(2).
Frm 00019
Fmt 4703
Sfmt 4703
CBP to liquidate unreviewed entries at
the all-others rate, if there is no rate for
any intermediate company(ies) involved
in the transaction.10
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of this administrative review for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for Hyundai, POSCO/PDW,
and other companies listed in the final
results of review will be equal to the
weighted-average dumping margin
established in the final results of this
administrative review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review, or the original investigation, but
the producer is, then the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the producer of the
merchandise; (4) the cash deposit rate
for all other producers or exporters will
continue to be 20.33 percent,11 the allothers rate established in the less-thanfair-value investigation. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice 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 this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
10 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
11 See Order.
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Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices
disposition 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.
Dated: July 6, 2020.
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. Scope of the Order
IV. Changes Since the Preliminary Results
V. Rate for Non-Examined Companies
VI. Discussion of the Issues
1. Existence of a Particular Market
Situation
2. Quantification of Particular Market
Situation Adjustment
3. Applicability of Particular Market
Situation Adjustment to Self-Produced
Inputs
4. POSCO/PDW CEP Offset
5. Hyundai Manufacturer Codes
VII. Recommendation
[FR Doc. 2020–15051 Filed 7–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–026, C–570–027]
Certain Corrosion-Resistant Steel
Products From the People’s Republic
of China: Affirmative Final
Determination of Circumvention
Involving the United Arab Emirates
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
certain corrosion-resistant steel
products (CORE), completed in the
United Arab Emirates (UAE) using
carbon hot-rolled steel (HRS) and/or
cold-rolled steel (CRS) flat products
manufactured in the People’s Republic
of China (China), are circumventing the
antidumping duty (AD) and
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
20:25 Jul 10, 2020
Jkt 250001
countervailing duty (CVD) orders on
CORE from China.
DATES: Applicable July 13, 2020.
FOR FURTHER INFORMATION CONTACT: Eva
Kim or Jeff Pedersen, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–8283 and (202) 482–2769,
respectively.
SUPPLEMENTARY INFORMATION:
41957
corrugated or painted, varnished,
laminated, or coated with plastics or
other non-metallic substances in
addition to the metallic coating. For a
complete description of the scope of the
orders, see the Issues and Decision
Memorandum.
Scope of the Anti-Circumvention
Inquiries
These anti-circumvention inquiries
cover CORE completed in the UAE from
HRS and/or CRS substrate input
manufactured in China and
subsequently exported to the United
Background
States (merchandise subject to these
On February 18, 2020, Commerce
inquiries). This final ruling applies to
published the Preliminary
all shipments of merchandise subject to
Determination 1 of circumvention of the these inquiries entered on or after the
2
China CORE Orders. A summary of
date of the initiation of these inquiries.4
events that occurred since Commerce
Importers and exporters of CORE
published the Preliminary
produced in the UAE using: (1) HRS
Determination, as well as a full
manufactured in the UAE or other third
discussion of the issues raised by parties countries, (2) CRS manufactured in the
for this final determination, may be
UAE using HRS produced in the UAE or
found in the Issues and Decision
other third countries, or (3) CRS
Memorandum.3 The Issues and Decision manufactured in other third countries,
Memorandum is a public document and must certify that the HRS and/or CRS
is on file electronically via Enforcement processed into CORE in the UAE did not
and Compliance’s Antidumping and
originate in China, as provided for in
Countervailing Duty Centralized
the certifications attached to this
Electronic Service System (ACCESS).
Federal Register notice. Otherwise,
ACCESS is available to registered users
their merchandise will be subject to AD
at https://access.trade.gov. In addition, a and CVD requirements.
complete version of the Issues and
Decision Memorandum can be accessed Methodology
directly at https://enforcement.trade.gov/
Commerce is conducting these antifrn/. The signed and the electronic
circumvention inquiries in accordance
versions of the Issues and Decision
with section 781(b) of the Tariff Act of
Memorandum are identical in content.
1930, as amended (the Act). Because
China is a non-market economy, within
Scope of the Orders
the meaning of section 771(18) of the
The products covered by these orders
Act,5 Commerce calculated the value of
are certain flat-rolled steel products,
Chinese-origin input costs using prices
either clad, plated, or coated with
of factors of production and market
corrosion-resistant metals such as zinc,
economy values, as discussed in section
aluminum, or zinc-, aluminum-, nickel773(c) of the Act. Additionally, because
or iron-based alloys, whether or not
an interested party (i.e., Asian Ispat FZ
LLC.) did not cooperate to the best of its
1 See Certain Corrosion-Resistant Steel Products
ability in responding to Commerce’s
from the People’s Republic of China: Affirmative
Preliminary Determination of Circumvention
Involving the United Arab Emirates, 85 FR 8841
(February 18, 2020) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum.
2 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); see also Certain CorrosionResistant Steel Products from India, Italy, Republic
of Korea and the People’s Republic of China:
Countervailing Duty Order, 81 FR 48387 (July 25,
2016) (collectively, China CORE Orders).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Anti-Circumvention Inquiries
Involving the United Arab Emirates of the
Antidumping and Countervailing Duty Orders on
Certain Corrosion-Resistant Steel Products from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
PO 00000
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Sfmt 4703
4 See Corrosion-Resistant Steel Products from the
People’s Republic of China: Initiation of AntiCircumvention Inquiries on the Antidumping Duty
and Countervailing Duty Orders, 84 FR 43585
(August 21, 2019) (Initiation Notice) and
accompanying Memorandum, ‘‘Certain CorrosionResistant Steel Products from the People’s Republic
of China: Initiation of Anti-Circumvention Inquiries
on the Antidumping Duty and Countervailing Duty
Orders,’’ dated August 12, 2019 (Initiation Decision
Memorandum).
5 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017), and accompanying Preliminary
Decision Memorandum at ‘‘China’s Status as a NonMarket Economy,’’ unchanged in Certain
Aluminum Foil from the People’s Republic of
China: Final Determination of Sales at Less Than
Fair Value, 83 FR 9282 (March 5, 2018).
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]]>Agencies
[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 41955-41957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15051]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold Rolled Steel Flat Products From the Republic of
Korea: Final Results of Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Hyundai
Steel Company (Hyundai) and POSCO/POSCO Daewoo Co., Ltd. (POSCO/PDW),
producers/exporters of certain cold rolled steel flat products (cold-
rolled steel) from the Republic of Korea (Korea), did not sell subject
merchandise in the United States at prices below normal value during
the period of review (POR) September 1, 2017 through August 31, 2018.
DATES: Applicable July 13, 2020.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Marc Castillo,
AD/CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4475 or (202)
482-0519, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 18, 2019, Commerce published the Preliminary Results of
this administrative review.\1\ For a history of events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\2\ We invited interested parties to comment on the
Preliminary Results. Between January 3, 2020 and January 13, 2020,
Commerce received timely filed case briefs and rebuttal briefs from
various interested parties.
---------------------------------------------------------------------------
\1\ See Certain Cold Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2017-2018, 84 FR 63607 (November 18, 2019)
(Preliminary Results) and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on Certain Cold-Rolled Steel Flat Products
from the Republic of Korea,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
On March 12, 2020, we extended the deadline for the final
results.\3\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days, thereby extending these final
results until July 6, 2020.\4\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review,'' dated March 12, 2020.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
---------------------------------------------------------------------------
Commerce conducted this review in accordance with section 751(a) of
the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The product covered by the Order \5\ is cold-rolled steel the
Republic of Korea. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ See Certain Cold Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20,
2016) (Order).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted with this notice. 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. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly on the internet at
https://
[[Page 41956]]
enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the margin calculations for POSCO/PDW and Hyundai Steel. For
a discussion of these changes, see the Issues and Decision Memorandum.
Rates for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
For these final results, we have calculated 0.00 percent weighted-
average dumping margins for both Hyundai and POSCO/PDW, and we have not
calculated any margins which are not zero, de minimis, or determined
entirely on the basis of facts available. Accordingly, we have assigned
to the companies not individually examined (i.e., Dongbu Steel Co.,
Ltd. and Dongbu Steel Incheon Steel Co., Ltd.) a margin of 0.00
percent, which is the average of the margins calculated for POSCO/PDW
and Hyundai.
Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period September 1, 2017 through August 31, 2018:
------------------------------------------------------------------------
Weighted- average
Producer/Exporter dumping margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company................................ 0.00
POSCO/POSCO Daewoo Co., Ltd.......................... 0.00
Non-Examined Companies............................... 0.00
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP 15 days after
the date of publication of the final results of this administrative
review in the Federal Register.
Where a respondent reported reliable entered values of their U.S.
sales, we calculated importer- (or customer-) specific ad valorem
assessment rates by aggregating the dumping margins calculated for all
U.S. sales to each importer (or customer) and dividing this amount by
the total entered value of the sales to each importer (or customer).\6\
Where Commerce calculated a weighted-average dumping margin by dividing
the total amount of dumping for reviewed sales to that party by the
total sales quantity associated with those transactions, Commerce
intends to direct CBP to assess importer- (or customer-) specific
assessment rates based on the resulting per-unit rates.\7\ Where an
importer- (or customer-) specific ad valorem or per-unit rate is
greater than de minimis (i.e., 0.50 percent), Commerce intends to
instruct CBP to collect the appropriate duties at the time of
liquidation.\8\ Where an importer- (or customer-) specific ad valorem
or per-unit rate is zero or de minimis, Commerce intends to instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\9\
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\6\ See 19 CFR 351.212(b)(1).
\7\ Id.
\8\ Id.
\9\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the methodology described
in the ``Rates for Non-Examined Companies'' section, above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by POSCO/PDW, Hyundai
Steel, or the non-examined companies for which the producer did not
know that its merchandise was destined for the United States, we intend
to instruct CBP to liquidate unreviewed entries at the all-others rate,
if there is no rate for any intermediate company(ies) involved in the
transaction.\10\
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\10\ 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 cash deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for Hyundai, POSCO/PDW, and other companies listed in
the final results of review will be equal to the weighted-average
dumping margin established in the final results of this administrative
review; (2) for merchandise exported by producers or exporters not
covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review, or the original investigation, but the
producer is, then the cash deposit rate will be the rate established
for the most recently completed segment of this proceeding for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 20.33 percent,\11\ the all-
others rate established in the less-than-fair-value investigation.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\11\ See Order.
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Notification to Importers
This notice 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 this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the
[[Page 41957]]
disposition 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.
Dated: July 6, 2020.
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. Scope of the Order
IV. Changes Since the Preliminary Results
V. Rate for Non-Examined Companies
VI. Discussion of the Issues
1. Existence of a Particular Market Situation
2. Quantification of Particular Market Situation Adjustment
3. Applicability of Particular Market Situation Adjustment to
Self-Produced Inputs
4. POSCO/PDW CEP Offset
5. Hyundai Manufacturer Codes
VII. Recommendation
[FR Doc. 2020-15051 Filed 7-10-20; 8:45 am]
BILLING CODE 3510-DS-P
