Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review, in Part; 2017-2018, 63079-63081 [2020-22053]
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Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Notices
Merchandise covered by the order is
currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7317.00.55.02, 7317.00.55.03,
7317.00.55.05, 7317.00.55.07,
7317.00.55.08, 7317.00.55.11,
7317.00.55.18, 7317.00.55.19,
7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50,
7317.00.55.60, 7317.00.55.70,
7317.00.55.80, 7317.00.55.90,
7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Nails subject to this
order also may be classified under
HTSUS subheadings 7907.00.60.00,
8206.00.00.00 or other HTSUS
subheadings. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.6
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum. The Issues and Decision
Memorandum is a public document and
is on file electronically via the
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. A list of topics
discussed in the Issues and Decision
Memorandum is included as an
appendix to this notice. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn. The signed
and electronic versions of the Issues and
Decision Memorandum are identical in
content.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
that revocation of the CVD order on
nails from Vietnam would be likely to
lead to continuation or recurrence of
countervailable subsidies at the
following rates:
Manufacturers/producers/
exporters
Net
countervailable
subsidy
(percent)
khammond on DSKJM1Z7X2PROD with NOTICES
Region Industries Co., Ltd
288.56
measured from under the head or shoulder to the
tip of the point. The shaft length of all other certain
steel nails shall be measured overall.
6 For a complete description of the scope of the
order, see Memorandum, ‘‘Issues and Decision
Memorandum for the Expedited First Sunset
Review of the Countervailing Duty Order on Certain
Steel Nails from the Socialist Republic of Vietnam,’’
dated concurrently with, and hereby adopted by
this notice (Issues and Decision Memorandum).
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17:52 Oct 05, 2020
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63079
The Department of Commerce
(Commerce) determines that the
producer/exporter individually
examined in this administrative review
made sales of certain hot-rolled steel flat
United Nail Products Co.
Ltd .................................
313.97 products (hot-rolled steel) from the
All Others ..........................
301.27 Republic of Korea (Korea) at less than
normal value during the period of
review October 1, 2017 through
Administrative Protective Order (APO)
September 30, 2018.
This notice also serves as the only
reminder to parties subject to an APO of DATES: Applicable October 6, 2020.
FOR FURTHER INFORMATION CONTACT:
their responsibility concerning the
Genevieve Coen, AD/CVD Operations,
return or destruction of proprietary
Office V, Enforcement and Compliance,
information disclosed under APO in
International Trade Administration,
accordance with 19 CFR 351.305.
U.S. Department of Commerce, 1401
Timely notification of the return or
Constitution Avenue NW, Washington,
destruction of APO materials or
conversion to judicial protective order is DC 20230; telephone: (202) 482–3251.
SUPPLEMENTARY INFORMATION:
hereby requested. Failure to comply
with the regulations and terms of an
Background
APO is a violation which is subject to
This review covers two producers
sanction.
and/or exporters of the subject
Notification to Interested Parties
merchandise. Commerce selected one
We are issuing and publishing the
mandatory respondent for individual
final results and this notice in
examination: Hyundai Steel Company
accordance with sections 751(c), 752(b), (Hyundai). We are rescinding the review
and 777(i)(1) of the Act, and 19 CFR
for the remaining producer/exporter
351.218.
which was not selected for individual
examination, POSCO and POSCO
Dated: September 29, 2020.
Daewoo Corporation (collectively,
Jeffrey I. Kessler,
POSCO). For further discussion, see the
Assistant Secretary for Enforcement and
‘‘Rescission of Review as to POSCO’’
Compliance.
section of this notice.
Appendix
On December 16, 2019, Commerce
published the Preliminary Results.1 On
List of Topics Discussed in the Issues and
January 30, 2020, the petitioners 2 and
Decision Memorandum
Hyundai each timely filed a case brief.3
I. Summary
The petitioners and Hyundai each
II. Background
timely filed a rebuttal brief on February
III. History of the Order
13, 2020.4
IV. Scope of the Order
On March 12, 2020, Commerce fully
V. Legal Framework
VI. Discussion of the Issues
extended the deadline for the final
1. Likelihood of Continuation or
results of this review to June 12, 2020.5
Manufacturers/producers/
exporters
Net
countervailable
subsidy
(percent)
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rates
Likely To Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2020–22054 Filed 10–5–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–883]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review and Rescission
of Administrative Review, in Part;
2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
SUMMARY:
1 See Certain Hot-Rolled Steel Flat Products from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2017–
2018, 84 FR 68407 (December 16, 2019)
(Preliminary Results) and accompanying
Preliminary Decision Memorandum.
2 The petitioners are ArcelorMittal USA, LLC; AK
Steel Corporation; Nucor Corporation; Steel
Dynamics, Inc.; SSAB Enterprises, LLC; and United
States Steel Corporation.
3 See Petitioners’ Letter, ‘‘Petitioners’ Case Brief
Regarding Hyundai Steel,’’ dated January 30, 2020;
and Hyundai’s Letter, ‘‘Certain Hot-Rolled Steel Flat
Products from the Republic of Korea, 2017–2018,
Case No. A–580–883: Hyundai Steel’s Case Brief,’’
dated January 30, 2020.
4 See Petitioners’ Letter, ‘‘Petitioners’ Rebuttal
Brief,’’ dated February 13, 2020; and Hyundai’s
Letter, ‘‘Certain Hot-Rolled Steel Flat Products from
the Republic of Korea, 2017–2018, Case No. A–580–
883: Hyundai Steel’s Rebuttal Brief,’’ dated
February 13, 2020.
5 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Korea: Extension
of Deadline for Final Results of Antidumping Duty
Administrative Review, 2017–2018,’’ dated March
12, 2020.
E:\FR\FM\06OCN1.SGM
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63080
Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Notices
On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by
50 days.6 On July 21, 2020, Commerce
tolled all deadlines in administrative
reviews by an additional 60 days.7 The
deadline for the final results of this
review is now September 30, 2020.
Commerce conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order
is certain hot-rolled steel flat products.8
For a full description of the scope of this
order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by the parties in
their case and rebuttal briefs are listed
in the appendix to this notice and are
addressed in the Issues and Decision
Memorandum. 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 at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
khammond on DSKJM1Z7X2PROD with NOTICES
Changes Since the Preliminary Results
In the Preliminary Results, we
determined that POSCO had ‘‘no
shipments’’ of subject merchandise.
Further, we assigned a weighted-average
dumping margin to POSCO in error in
the Preliminary Results. For these final
results, we are rescinding this review
with respect to POSCO because we find
that, although POSCO had a shipment of
subject merchandise during the POR,
POSCO did not have a reviewable sale
during the POR. As a result, we are not
assigning POSCO a weighted-average
6 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.
7 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
8 For a complete description of the scope of the
order, see Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2017–
2018 Antidumping Duty Administrative Review of
Certain Hot-Rolled Steel Flat Products from the
Republic of Korea, and Rescission of Administrative
Review, in Part’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
VerDate Sep<11>2014
17:52 Oct 05, 2020
Jkt 253001
dumping margin in these final results of
review.
Additionally, with respect to
Hyundai, we made changes to the
margin program to eliminate the
inadvertent double counting of costs in
the Preliminary Results. For discussion
of these changes, see the Issues and
Decision Memorandum.
Rescission of Review as to POSCO
As noted in the Preliminary Results,
we received a claim of ‘‘no reviewable
entries, exports or sales’’ from POSCO.9
In the Preliminary Results, we
preliminarily determined that POSCO
had no shipments during the POR. The
petitioners and POSCO commented on
our preliminary determination of no
shipments with respect to POSCO.10 For
these final results, we find that POSCO
had no reviewable sales during this
POR, and thus we are rescinding our
review with respect to POSCO for these
final results. For further discussion, see
Section V in the Issues and Decision
Memorandum.
Final Results of the Review
We are assigning the following
weighted-average dumping margin to
the firm listed below for the POR
October 1, 2017 through September 30,
2018:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Hyundai Steel Company .............
0.89
Disclosure
We will disclose to interested parties
the calculations performed in
connection with these final results
within five days of the publication of
this notice, consistent with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
9 See POSCO’s Letters, ‘‘Hot-Rolled Steel from the
Republic of Korea, Case No. A–580–883: Comments
on CBP Entry Documents,’’ dated February 18,
2020; and ‘‘Certain Hot-Rolled Steel Flat Products
from South Korea, Case No. A–580–883: No
Shipment Letter,’’ dated January 10, 2019.
10 See Petitioners’ Letter, ‘‘Hot-Rolled Steel Flat
Product from the Republic of Korea—Petitioner’s
Comments on U.S. Customs and Border Production
Entry Documents,’’ dated February 18, 2020; and
POSCO’s Letter, ‘‘Hot-Rolled Steel from the
Republic of Korea, Case No. A–580–883: Comments
on CBP Entry Documents,’’ dated February 18,
2020.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
appropriate entries of subject
merchandise in accordance with the
final results of this review.
For Hyundai, because its weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent),
Commerce has calculated importerspecific antidumping duty assessment
rates. We calculated importer-specific
antidumping duty assessment rates by
aggregating the total amount of dumping
calculated for the examined sales of
each importer and dividing each of
these amounts by the total sales value
associated with those sales. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review where an importerspecific assessment rate is not zero or de
minimis. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
importer-specific assessment rate is zero
or de minimis.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Hyundai, for which
Hyundai did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.11
Because we are rescinding our review
as to POSCO, we will instruct CBP to
liquidate merchandise entered, or
withdrawn from warehouse, for
consumption during the POR at the cash
deposit rate required at the time of
entry.
Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Hyundai will
be the rate shown above; (2) the cash
deposit rate for POSCO will remain
unchanged from the rate assigned to it
in the most recently completed review
of that company; (3) for merchandise
exported by producers or exporters not
11 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\06OCN1.SGM
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Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Notices
covered in this administrative review
but covered in a prior segment of this
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding;
(4) if the exporter is not a firm covered
in this review, a previous review, or the
original less-than-fair-value (LTFV)
investigation, but the producer is, then
the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the subject
merchandise; and (5) the cash deposit
rate for all other producers or exporters
will continue to be 5.55 percent, the allothers rate established in the LTFV
investigation.12 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as the only
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
review period. 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.
Administrative Protective Order
In accordance with 19 CFR
351.305(a)(3), this notice also serves as
a reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under the APO,
which continues to govern business
proprietary information in this segment
of the proceeding. 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 terms of an APO is a
violation subject to sanction.
khammond on DSKJM1Z7X2PROD with NOTICES
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). Note that Commerce
has temporarily modified certain of its
requirements for serving documents
Certain Hot-Rolled Steel Flat Products from
the Republic of Korea: Final Determination of Sales
at Less Than Fair Value, 81 FR 53419 (August 12,
2016).
containing business proprietary
information, until further notice.13
Dated: September 30, 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. Rescission of Review as to POSCO
VI. Discussion of the Issues
Comment 1: Whether and How a CostBased Particular Market Situation (PMS)
Exists
Comment 2: Whether Commerce Has the
Statutory Authority To Adjust the Cost of
Production
Comment 3: Calculating the PMS
Adjustment
Comment 4: Steel Quality Code ‘‘43’’
Comment 5: Hyundai Corporation USA’s
Indirect Selling Expense Ratio
Comment 6: Rate Assigned for POSCO
Comment 7: Double Deduction of U.S.
Packing and Inventory Carrying Costs
VII. Recommendation
[FR Doc. 2020–22053 Filed 10–5–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
various antidumping duty (AD) and
countervailing duty (CVD) orders and
findings with August anniversary dates.
In accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
SUMMARY:
DATES:
Applicable October 6, 2020.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
12 See
VerDate Sep<11>2014
17:52 Oct 05, 2020
Jkt 253001
13 See
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
PO 00000
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63081
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders and
findings with August anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (POR), it must notify Commerce
within 30 days of publication of this
notice in the Federal Register. All
submissions must be filed electronically
at https://access.trade.gov in accordance
with 19 CFR 351.303.1 Such
submissions are subject to verification
in accordance with section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Further, in accordance with 19 CFR
351.303(f)(1)(i), a copy must be served
on every party on Commerce’s service
list.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
POR. We intend to place the CBP data
on the record within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 30 days of
publication of the initiation Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted within seven days
after the placement of the CBP data on
the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act, the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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]]>Agencies
[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Pages 63079-63081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22053]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Final Results of Antidumping Duty Administrative Review and
Rescission of Administrative Review, in Part; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
producer/exporter individually examined in this administrative review
made sales of certain hot-rolled steel flat products (hot-rolled steel)
from the Republic of Korea (Korea) at less than normal value during the
period of review October 1, 2017 through September 30, 2018.
DATES: Applicable October 6, 2020.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
This review covers two producers and/or exporters of the subject
merchandise. Commerce selected one mandatory respondent for individual
examination: Hyundai Steel Company (Hyundai). We are rescinding the
review for the remaining producer/exporter which was not selected for
individual examination, POSCO and POSCO Daewoo Corporation
(collectively, POSCO). For further discussion, see the ``Rescission of
Review as to POSCO'' section of this notice.
On December 16, 2019, Commerce published the Preliminary
Results.\1\ On January 30, 2020, the petitioners \2\ and Hyundai each
timely filed a case brief.\3\ The petitioners and Hyundai each timely
filed a rebuttal brief on February 13, 2020.\4\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2017-2018, 84
FR 68407 (December 16, 2019) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
\2\ The petitioners are ArcelorMittal USA, LLC; AK Steel
Corporation; Nucor Corporation; Steel Dynamics, Inc.; SSAB
Enterprises, LLC; and United States Steel Corporation.
\3\ See Petitioners' Letter, ``Petitioners' Case Brief Regarding
Hyundai Steel,'' dated January 30, 2020; and Hyundai's Letter,
``Certain Hot-Rolled Steel Flat Products from the Republic of Korea,
2017-2018, Case No. A-580-883: Hyundai Steel's Case Brief,'' dated
January 30, 2020.
\4\ See Petitioners' Letter, ``Petitioners' Rebuttal Brief,''
dated February 13, 2020; and Hyundai's Letter, ``Certain Hot-Rolled
Steel Flat Products from the Republic of Korea, 2017-2018, Case No.
A-580-883: Hyundai Steel's Rebuttal Brief,'' dated February 13,
2020.
---------------------------------------------------------------------------
On March 12, 2020, Commerce fully extended the deadline for the
final results of this review to June 12, 2020.\5\
[[Page 63080]]
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\6\ On July 21, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days.\7\ The deadline for
the final results of this review is now September 30, 2020. Commerce
conducted this administrative review in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review, 2017-2018,'' dated March
12, 2020.
\6\ 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.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is certain hot-rolled steel
flat products.\8\ For a full description of the scope of this order,
see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\8\ For a complete description of the scope of the order, see
Memorandum, ``Issues and Decision Memorandum for the Final Results
of the 2017-2018 Antidumping Duty Administrative Review of Certain
Hot-Rolled Steel Flat Products from the Republic of Korea, and
Rescission of Administrative Review, in Part'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised by the parties in their case and rebuttal briefs
are listed in the appendix to this notice and are addressed in the
Issues and Decision Memorandum. 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 at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
In the Preliminary Results, we determined that POSCO had ``no
shipments'' of subject merchandise. Further, we assigned a weighted-
average dumping margin to POSCO in error in the Preliminary Results.
For these final results, we are rescinding this review with respect to
POSCO because we find that, although POSCO had a shipment of subject
merchandise during the POR, POSCO did not have a reviewable sale during
the POR. As a result, we are not assigning POSCO a weighted-average
dumping margin in these final results of review.
Additionally, with respect to Hyundai, we made changes to the
margin program to eliminate the inadvertent double counting of costs in
the Preliminary Results. For discussion of these changes, see the
Issues and Decision Memorandum.
Rescission of Review as to POSCO
As noted in the Preliminary Results, we received a claim of ``no
reviewable entries, exports or sales'' from POSCO.\9\ In the
Preliminary Results, we preliminarily determined that POSCO had no
shipments during the POR. The petitioners and POSCO commented on our
preliminary determination of no shipments with respect to POSCO.\10\
For these final results, we find that POSCO had no reviewable sales
during this POR, and thus we are rescinding our review with respect to
POSCO for these final results. For further discussion, see Section V in
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\9\ See POSCO's Letters, ``Hot-Rolled Steel from the Republic of
Korea, Case No. A-580-883: Comments on CBP Entry Documents,'' dated
February 18, 2020; and ``Certain Hot-Rolled Steel Flat Products from
South Korea, Case No. A-580-883: No Shipment Letter,'' dated January
10, 2019.
\10\ See Petitioners' Letter, ``Hot-Rolled Steel Flat Product
from the Republic of Korea--Petitioner's Comments on U.S. Customs
and Border Production Entry Documents,'' dated February 18, 2020;
and POSCO's Letter, ``Hot-Rolled Steel from the Republic of Korea,
Case No. A-580-883: Comments on CBP Entry Documents,'' dated
February 18, 2020.
---------------------------------------------------------------------------
Final Results of the Review
We are assigning the following weighted-average dumping margin to
the firm listed below for the POR October 1, 2017 through September 30,
2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company...................................... 0.89
------------------------------------------------------------------------
Disclosure
We will disclose to interested parties the calculations performed
in connection with these final results within five days of the
publication of this notice, consistent with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce will 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.
For Hyundai, because its weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent), Commerce has
calculated importer-specific antidumping duty assessment rates. We
calculated importer-specific antidumping duty assessment rates by
aggregating the total amount of dumping calculated for the examined
sales of each importer and dividing each of these amounts by the total
sales value associated with those sales. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
where an importer-specific assessment rate is not zero or de minimis.
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate
without regard to antidumping duties any entries for which the
importer-specific assessment rate is zero or de minimis.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Hyundai, for which
Hyundai did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\11\
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\11\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Because we are rescinding our review as to POSCO, we will instruct
CBP to liquidate merchandise entered, or withdrawn from warehouse, for
consumption during the POR at the cash deposit rate required at the
time of entry.
Commerce intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rate for Hyundai will be the rate shown
above; (2) the cash deposit rate for POSCO will remain unchanged from
the rate assigned to it in the most recently completed review of that
company; (3) for merchandise exported by producers or exporters not
[[Page 63081]]
covered in this administrative review but covered in a prior segment of
this proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding; (4) if the exporter is not a firm covered in this review, a
previous review, or the original less-than-fair-value (LTFV)
investigation, but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (5) the
cash deposit rate for all other producers or exporters will continue to
be 5.55 percent, the all-others rate established in the LTFV
investigation.\12\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\12\ See Certain Hot-Rolled Steel Flat Products from the
Republic of Korea: Final Determination of Sales at Less Than Fair
Value, 81 FR 53419 (August 12, 2016).
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Notification to Importers
This notice serves as the only 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 review period. 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.
Administrative Protective Order
In accordance with 19 CFR 351.305(a)(3), this notice also serves as
a reminder to parties subject to administrative protective order (APO)
of their responsibility concerning the return or destruction of
proprietary information disclosed under the APO, which continues to
govern business proprietary information in this segment of the
proceeding. 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 terms of an APO
is a violation subject to sanction.
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). Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\13\
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\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
Dated: September 30, 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. Rescission of Review as to POSCO
VI. Discussion of the Issues
Comment 1: Whether and How a Cost-Based Particular Market
Situation (PMS) Exists
Comment 2: Whether Commerce Has the Statutory Authority To
Adjust the Cost of Production
Comment 3: Calculating the PMS Adjustment
Comment 4: Steel Quality Code ``43''
Comment 5: Hyundai Corporation USA's Indirect Selling Expense
Ratio
Comment 6: Rate Assigned for POSCO
Comment 7: Double Deduction of U.S. Packing and Inventory
Carrying Costs
VII. Recommendation
[FR Doc. 2020-22053 Filed 10-5-20; 8:45 am]
BILLING CODE 3510-DS-P
