Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2018-2019, 74987-74989 [2020-25941]
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Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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.
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3945,
(202) 482–0197, or (202) 482–2316,
respectively.
Notification to Interested Parties
Commerce is issuing and publishing
these results of review in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.221(b)(5).
SUPPLEMENTARY INFORMATION:
Dated: November 18, 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. Application of Facts Available and
Adverse Inferences
VI. Discussion of the Issues
1. Whether the Venus Group is the
Producer of Subject Merchandise
2. Whether Partial Adverse Facts Available
(AFA) is Warranted for the Venus Group
3. Whether Commerce Erroneously
Calculated the AFA Adjustment it
Intended to Make in Calculating the
Venus Group’s Dumping Margin
4. Whether Commerce Should Apply Total
AFA to the Venus Group
5. Whether Commerce Should Match Sales
by Manufacturer
VII. Recommendation
[FR Doc. 2020–25942 Filed 11–23–20; 8:45 am]
BILLING CODE 3510–DS–P
Background
On October 3, 2016, Commerce
published the antidumping duty order
on CORE from Korea.1 Commerce
initiated this administrative review on
September 9, 2019.2 This review covers
eleven companies,3 of which we
collapsed Dongbu Steel Co., Ltd and
Dongbu Incheon Steel Co., Ltd. as single
entity (i.e., Dongbu) for antidumping
purposes, and selected Dongbu,
Dongkuk, and Hyundai as mandatory
respondents.4
On July 31, 2019, Metal One America,
Inc., Mitsui & Co. (U.S.A.) Inc., and
Stemcor USA Inc. each requested a
review of Vietnamese producers and/or
exporters: Nippon Steel and Sumikin
Sales Vietnam Co. (NSSVC), Hoa Sen
Group (HSG), and Ton Dong A
Corporation (TDA).5 On the same day,
HSG and TDA requested a review of
themselves.6
On October 30, 2020, we issued a
questionnaire to NSSVC, HSG, and
TDA.7 The current due date for NSSVC,
HSG, and TDA to response the
questionnaire is November 23, 2020. We
will analyze their responses and make a
determination after the preliminary
results.
On March 23, 2020, we extended the
deadline for the preliminary results of
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–878]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain corrosion-resistant steel
products (CORE) from the Republic of
Korea (Korea) were sold in the United
States at less than normal value during
the period of review of July 1, 2018
through June 30, 2019.
DATES: Applicable November 24, 2020.
FOR FURTHER INFORMATION CONTACT: Leo
Ayala, Elfi Blum, or Lingjun Wang, AD/
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AGENCY:
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1 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
47242 (September 9, 2019).
3 The eleven companies are: Dongbu Steel Co.,
Ltd, Dongbu Incheon Steel Co., Ltd., Dongkuk Steel
Mill Co., Ltd. (Dongkuk), Hyundai Steel Company
(Hyundai), POSCO Ltd., POSCO Daewoo
Corporation, POSCO International Corporation,
POSCO Coated & Color Steel Co., Hoa Sen Group
(HSG), Ton Dong A Corporation (TDA), and Nippon
Steel and Sumikin Sales Vietnam Co. (NSSVC).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
Antidumping duty Administrative Review: Certain
Corrosion-Resistant Steel Products from the
Republic of Korea, 2018–2019,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
5 Preliminary Decision Memorandum.
6 Id.
7 Id.
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74987
this review until July 30, 2020.8 On
April 24, 2020, Commerce tolled all
deadlines in administrative reviews by
50 days.9 Subsequently, on July 21,
2020, Commerce tolled all preliminary
and final results in administrative
reviews by an additional 60 days.10 The
deadline for the preliminary results of
this review is now November 17, 2020.
For a detailed description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.11
Partial Rescission
On December 6, 2019, the petitioners
timely withdrew their review request for
19 companies.12 As no other party
requested a review of those companies,
we are rescinding this administrative
review with respect to those companies,
pursuant to 19 CFR 351.213(d)(1).
Scope of the Order
The merchandise covered by the order
is CORE from Korea. For a complete
description of the scope of the order, see
the Preliminary Decision
Memorandum.13
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act). Constructed
export price and export price were
calculated in accordance with section
772 of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
8 See Memorandum, ‘‘Certain Corrosion-Resistant
Steel Products from the Republic of Korea:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
March 23, 2020.
9 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.
10 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
11 See Preliminary Decision Memorandum.
12 Id. These companies are: Ajin H and S Co.,
Ltd., Anjeon Tech Co., Ltd., Benion Corp., Daeho
P C Co., Ltd., GS Global Corp., Hanwa (Korea) Co.,
Ltd., Hyosung Corporation, Korea CNC Co., Ltd.,
Kima Steel Corporation Ltd., Kyoungdo Steel Co.,
Ltd., Mitsubishi Corp. (Korea) Ltd., Roser Co., Ltd.,
Samsung Corp., Samsung C&T Corp., SeAH Steel,
SeAH Coated Metal Corp., Seun Steel, SK Networks
Co., Ltd., Young Steel Co., Ltd.
13 Id.
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74988
Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices
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 Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed and the
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
Rate for Non-Examined Companies
The statute 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 weightedaverage 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}.’’
In this review, the preliminarily
estimated weighted-average dumping
margins for Dongbu and Dongkuk are
not zero, de minimis, or based entirely
on facts otherwise available, and for
Hyundai is zero. Commerce calculated
the rate for non-examined companies
using a weighted average of the
estimated weighted-average dumping
margins calculated for Dongbu and
Dongkuk using each company’s publicly
ranged values for the subject
merchandise.14
Preliminary Results
We preliminarily determine the
following weighted-average dumping
margins for the period July 1, 2018
through June 30, 2019:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Dongbu Steel Co., Ltd ...............................................................................................................................................................................
Dongkuk Steel Mill Co., Ltd .......................................................................................................................................................................
Hyundai Steel Corporation ........................................................................................................................................................................
0.75
0.56
0.00
Exporter/Producer Not Selected for Individual Review
POSCO, POSCO Daewoo Corporation and POSCO International Corporation ......................................................................................
POSCO Coated & Color Steel Co., Ltd ....................................................................................................................................................
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries. For any individually examined
respondent whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in
the final results of this review and the
respondent reported reliable entered
values, we will calculate importerspecific ad valorem assessment rates for
the merchandise based on the ratio of
the total amount of dumping calculated
for the examined sales made during the
POR to each importer and the total
entered value of those same sales, in
accordance with 19 CFR 351.212(b)(1).
If the respondent has not reported
reliable entered values, we will
calculate a per-unit assessment rate for
each importer by dividing the total
amount of dumping calculated for the
examined sales made to that importer by
the total sales quantity associated with
those transactions. Where an importerspecific ad valorem assessment rate is
zero or de minimis in the final results
of review, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties in
accordance with 19 CFR 351.106(c)(2). If
a respondent’s weighted-average
dumping margin is zero or de minimis
in the final results of review, we will
instruct CBP not to assess duties on any
of its entries in accordance with the
Final Modification for Reviews, i.e.,
‘‘{w}here the weighted-average margin
of dumping for the exporter is
determined to be zero or de minimis, no
antidumping duties will be assessed.’’ 15
For entries of subject merchandise
during the POR produced by Dongbu,
Dongkuk, Hyundai, POSCO, and POSCO
C&C for which the producer did not
know its merchandise was destined for
the United States, or for any respondent
for which we have a final determination
of no shipments, we will instruct CBP
to liquidate unreviewed entries at the
all-others rate if there is no rate for the
intermediate company (or companies)
involved in the transaction.16
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
14 For a complete analysis of the data, please see
Preliminary Decision Memorandum. Commerce
normally calculates (A) a weighted-average of the
estimated weighted-average dumping margins
calculated for the examined respondents; (B) a
simple average of the estimated weighted-average
dumping margins calculated for the examined
respondents; and (C) a weighted-average of the
estimated weighted-average dumping margins
calculated for the examined respondents using each
company’s publicly ranged U.S. sale values of the
subject merchandise. Commerce then selects from
(B) and (C) the rate closest to (A) as the most
appropriate rate for non-examined companies. See
Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom:
Final Results of Antidumping Duty Administrative
Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR
53661, 53663 (September 1, 2010).
15 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
16 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
Assessment Rates
jbell on DSKJLSW7X2PROD with NOTICES
0.64
0.64
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17:48 Nov 23, 2020
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Cash Deposit Requirements
The following 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 each specific company
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Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Notices
listed above will be that established in
the final results of this review, except if
the rate is less than 0.50 percent, and
therefore de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously investigated
companies not participating in this
review, the cash deposit will continue
to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which the company participated; (3) if
the exporter is not a firm covered in this
review, or the underlying investigation,
but the manufacturer is, then the cash
deposit rate will be the rate established
for the most recent segment for the
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 8.32 percent, the allothers rate established in the less-thanfair-value investigation.17 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit written comments (case briefs)
within 30 days of publication of the
preliminary results, and rebuttal
comments (rebuttal briefs), limited to
issues raised in case briefs, within seven
days after the time limit for filing case
briefs.18 Parties who submit case briefs
or rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.19 Case and
rebuttal briefs should be filed using
ACCESS 20 and must be served on
interested parties.21 Executive
summaries should be limited to five
pages total, including footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
jbell on DSKJLSW7X2PROD with NOTICES
17 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).
18 See 19 CFR 351.309(d).
19 See 19 CFR 351.309(c)(2) and (d)(2).
20 See generally 19 CFR 351.303.
21 See 19 CFR 351.303(f).
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17:48 Nov 23, 2020
Jkt 253001
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
Commerce’s electronic records system,
ACCESS. An electronically filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days of the date of publication
of this notice.22 Requests should
contain: (1) The party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold a
hearing at a time and date to be
determined.23 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
extended.24
Notification to Importers
This notice serves as a preliminary
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 to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: November 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. No Shipments Claims
VI. Companies Not Selected for Individual
Examination
VII. Affiliation and Collapsing
VIII. Comparisons to Normal Value
22 See
19 CFR 351.310(c).
19 CFR 351.310(d).
24 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
23 See
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74989
IX. Date of Sale
X. Export Price and Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
Attachment: Scope of Order
[FR Doc. 2020–25941 Filed 11–23–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA639]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Service Pier
Extension Project on Naval Base
Kitsap Bangor, Washington
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed modification
of an incidental harassment
authorization; request for comments.
AGENCY:
NMFS received a request from
the United States Navy (Navy) on
October 14, 2020, for a modification to
the incidental harassment authorization
(IHA) that was issued on July 3, 2019
due to an elevated harbor seal take rate
that was unanticipated. A small group
of harbor seals (Phoca vitulina)
repeatedly entered into and remained
within the Level A harassment zone,
resulting in a take rate that was
projected to exceed the authorized limit
for this species. The Navy felt that
without an increase in authorized take
of harbor seal they would be forced to
repeatedly shut down whenever animals
entered into specified Level A
harassment zones, which would impede
their ability to get the work done in the
time needed. Therefore, NMFS is
proposing to modify the IHA to increase
authorized take by Level A harassment
of harbor seal. NMFS is also proposing
to revise the shutdown mitigation
provisions for harbor seals in the
modified IHA. The monitoring and
reporting measures remain the same as
prescribed in the initial IHA and no
additional take was requested for other
species. NMFS will consider public
comments on the requested
modification prior to making any final
decision and agency responses will be
summarized in the final notice of our
decision.
SUMMARY:
Comments and information must
be received no later than December 9,
2020.
DATES:
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Agencies
[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Notices]
[Pages 74987-74989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25941]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain corrosion-resistant steel products (CORE) from the
Republic of Korea (Korea) were sold in the United States at less than
normal value during the period of review of July 1, 2018 through June
30, 2019.
DATES: Applicable November 24, 2020.
FOR FURTHER INFORMATION CONTACT: Leo Ayala, Elfi Blum, or Lingjun Wang,
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-
3945, (202) 482-0197, or (202) 482-2316, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2016, Commerce published the antidumping duty order
on CORE from Korea.\1\ Commerce initiated this administrative review on
September 9, 2019.\2\ This review covers eleven companies,\3\ of which
we collapsed Dongbu Steel Co., Ltd and Dongbu Incheon Steel Co., Ltd.
as single entity (i.e., Dongbu) for antidumping purposes, and selected
Dongbu, Dongkuk, and Hyundai as mandatory respondents.\4\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 47242 (September 9, 2019).
\3\ The eleven companies are: Dongbu Steel Co., Ltd, Dongbu
Incheon Steel Co., Ltd., Dongkuk Steel Mill Co., Ltd. (Dongkuk),
Hyundai Steel Company (Hyundai), POSCO Ltd., POSCO Daewoo
Corporation, POSCO International Corporation, POSCO Coated & Color
Steel Co., Hoa Sen Group (HSG), Ton Dong A Corporation (TDA), and
Nippon Steel and Sumikin Sales Vietnam Co. (NSSVC).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of Antidumping duty Administrative
Review: Certain Corrosion-Resistant Steel Products from the Republic
of Korea, 2018-2019,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
On July 31, 2019, Metal One America, Inc., Mitsui & Co. (U.S.A.)
Inc., and Stemcor USA Inc. each requested a review of Vietnamese
producers and/or exporters: Nippon Steel and Sumikin Sales Vietnam Co.
(NSSVC), Hoa Sen Group (HSG), and Ton Dong A Corporation (TDA).\5\ On
the same day, HSG and TDA requested a review of themselves.\6\
---------------------------------------------------------------------------
\5\ Preliminary Decision Memorandum.
\6\ Id.
---------------------------------------------------------------------------
On October 30, 2020, we issued a questionnaire to NSSVC, HSG, and
TDA.\7\ The current due date for NSSVC, HSG, and TDA to response the
questionnaire is November 23, 2020. We will analyze their responses and
make a determination after the preliminary results.
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
On March 23, 2020, we extended the deadline for the preliminary
results of this review until July 30, 2020.\8\ On April 24, 2020,
Commerce tolled all deadlines in administrative reviews by 50 days.\9\
Subsequently, on July 21, 2020, Commerce tolled all preliminary and
final results in administrative reviews by an additional 60 days.\10\
The deadline for the preliminary results of this review is now November
17, 2020. For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\11\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 23,
2020.
\9\ 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.
\10\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\11\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Partial Rescission
On December 6, 2019, the petitioners timely withdrew their review
request for 19 companies.\12\ As no other party requested a review of
those companies, we are rescinding this administrative review with
respect to those companies, pursuant to 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\12\ Id. These companies are: Ajin H and S Co., Ltd., Anjeon
Tech Co., Ltd., Benion Corp., Daeho P C Co., Ltd., GS Global Corp.,
Hanwa (Korea) Co., Ltd., Hyosung Corporation, Korea CNC Co., Ltd.,
Kima Steel Corporation Ltd., Kyoungdo Steel Co., Ltd., Mitsubishi
Corp. (Korea) Ltd., Roser Co., Ltd., Samsung Corp., Samsung C&T
Corp., SeAH Steel, SeAH Coated Metal Corp., Seun Steel, SK Networks
Co., Ltd., Young Steel Co., Ltd.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is CORE from Korea. For a
complete description of the scope of the order, see the Preliminary
Decision Memorandum.\13\
---------------------------------------------------------------------------
\13\ Id.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
Constructed export price and export price were calculated in accordance
with section 772 of the Act. Normal value is calculated in accordance
with section 773 of the Act. For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum. A
list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically
[[Page 74988]]
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 Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Rate for Non-Examined Companies
The statute 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} .''
In this review, the preliminarily estimated weighted-average
dumping margins for Dongbu and Dongkuk are not zero, de minimis, or
based entirely on facts otherwise available, and for Hyundai is zero.
Commerce calculated the rate for non-examined companies using a
weighted average of the estimated weighted-average dumping margins
calculated for Dongbu and Dongkuk using each company's publicly ranged
values for the subject merchandise.\14\
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\14\ For a complete analysis of the data, please see Preliminary
Decision Memorandum. Commerce normally calculates (A) a weighted-
average of the estimated weighted-average dumping margins calculated
for the examined respondents; (B) a simple average of the estimated
weighted-average dumping margins calculated for the examined
respondents; and (C) a weighted-average of the estimated weighted-
average dumping margins calculated for the examined respondents
using each company's publicly ranged U.S. sale values of the subject
merchandise. Commerce then selects from (B) and (C) the rate closest
to (A) as the most appropriate rate for non-examined companies. See
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan,
and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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Preliminary Results
We preliminarily determine the following weighted-average dumping
margins for the period July 1, 2018 through June 30, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Dongbu Steel Co., Ltd....................................... 0.75
Dongkuk Steel Mill Co., Ltd................................. 0.56
Hyundai Steel Corporation................................... 0.00
------------------------------------------------------------------------
Exporter/Producer Not Selected for Individual Review
------------------------------------------------------------------------
POSCO, POSCO Daewoo Corporation and POSCO International 0.64
Corporation................................................
POSCO Coated & Color Steel Co., Ltd......................... 0.64
------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. For any individually examined respondent whose weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review and the respondent
reported reliable entered values, we will calculate importer-specific
ad valorem assessment rates for the merchandise based on the ratio of
the total amount of dumping calculated for the examined sales made
during the POR to each importer and the total entered value of those
same sales, in accordance with 19 CFR 351.212(b)(1). If the respondent
has not reported reliable entered values, we will calculate a per-unit
assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total sales quantity associated with those transactions. Where an
importer-specific ad valorem assessment rate is zero or de minimis in
the final results of review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties in accordance
with 19 CFR 351.106(c)(2). If a respondent's weighted-average dumping
margin is zero or de minimis in the final results of review, we will
instruct CBP not to assess duties on any of its entries in accordance
with the Final Modification for Reviews, i.e., ``{w{time} here the
weighted-average margin of dumping for the exporter is determined to be
zero or de minimis, no antidumping duties will be assessed.'' \15\
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\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by
Dongbu, Dongkuk, Hyundai, POSCO, and POSCO C&C for which the producer
did not know its merchandise was destined for the United States, or for
any respondent for which we have a final determination of no shipments,
we will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company (or companies)
involved in the transaction.\16\
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\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following 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 each specific company
[[Page 74989]]
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent, and therefore de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously investigated
companies not participating in this review, the cash deposit will
continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this review,
or the underlying investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recent segment
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 8.32
percent, the all-others rate established in the less-than-fair-value
investigation.\17\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\17\ 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).
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit written comments (case briefs) within 30 days of publication of
the preliminary results, and rebuttal comments (rebuttal briefs),
limited to issues raised in case briefs, within seven days after the
time limit for filing case briefs.\18\ Parties who submit case briefs
or rebuttal briefs in this proceeding are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\19\ Case and rebuttal briefs
should be filed using ACCESS \20\ and must be served on interested
parties.\21\ Executive summaries should be limited to five pages total,
including footnotes.
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\18\ See 19 CFR 351.309(d).
\19\ See 19 CFR 351.309(c)(2) and (d)(2).
\20\ See generally 19 CFR 351.303.
\21\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days of the date of publication of this
notice.\22\ Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold a hearing at
a time and date to be determined.\23\ Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\22\ See 19 CFR 351.310(c).
\23\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\24\
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\24\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers
This notice serves as a preliminary 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 to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. No Shipments Claims
VI. Companies Not Selected for Individual Examination
VII. Affiliation and Collapsing
VIII. Comparisons to Normal Value
IX. Date of Sale
X. Export Price and Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
Attachment: Scope of Order
[FR Doc. 2020-25941 Filed 11-23-20; 8:45 am]
BILLING CODE 3510-DS-P