Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019, 6871-6873 [2021-01496]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Notices]
[Pages 6871-6873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01496]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-881]


Certain Cold-Rolled Steel Flat Products From the Republic of 
Korea: Preliminary Results 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 Hyundai Steel Company (Hyundai) and POSCO/POSCO International 
Corporation (PIC), the two companies selected for individual 
examination, did not sell certain cold-rolled steel flat products 
(cold-rolled steel) from the Republic of Korea (Korea) in the United 
States at prices below normal value during the period of review (POR) 
September 1, 2018 through August 31, 2019. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable January 25, 2021.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, George McMahon, 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, (202) 482-1167, or (202) 482-5019, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    These preliminary results are made in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act). On November 12, 2019, 
based on timely requests for review, in accordance with 19 CFR 
351.221(c)(1)(i), we initiated an administrative review of the 
antidumping duty order on cold-rolled steel from Korea for 38 
companies.\1\ Commerce selected Hyundai and POSCO/POSCO International 
Corporation (hereafter, POSCO/PIC) \2\ as the two mandatory respondents 
in this review.\3\ On February 5, 2020, the petitioners \4\ withdrew 
their request for review of all companies except for Dongbu Incheon 
Steel Co., Ltd., Dongbu Steel Co., Ltd., Hyundai, POSCO, PDW, and 
PIC.\5\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 61011 (November 12, 2019) (Initiation 
Notice).
    \2\ POSCO reported that the company formerly known as Daewoo 
International Corporation (DWI) and POSCO Daewoo (PDW) now does 
business as PIC. See POSCO/PDW's Letter, ``Cold-Rolled Steel Flat 
Products from the Republic of Korea; 2018-2019: POSCO's Respondent 
Selection Comments,'' dated December 11, 2019, at 2-3. In its 
questionnaire response, POSCO subsequently reported that PDW became 
PIC on March 18, 2019. See POSCO Section A Initial Questionnaire 
Response, dated February 18, 2020 at 1 and A-1. Based on our 
analysis in the instant review, we are preliminarily collapsing 
POSCO and PIC, which we find to be the successor-in-interest to PDW. 
See Memorandum, ``Third Administrative Review of Cold-Rolled Steel 
Flat Products from the Republic of Korea: POSCO and POSCO 
International Corporation Affiliation and Collapsing Memorandum,'' 
dated concurrently with these preliminary results. Accordingly, 
hereafter we refer to the collapsed entity as ``POSCO/PIC.''
    \3\ See Memorandum, ``2018-2019 Administrative Review of Cold-
Rolled Steel Flat Products from the Republic of Korea: Respondent 
Selection,'' dated January 15, 2020.
    \4\ The petitioners are ArcelorMittal USA LLC, AK Steel 
Corporation, Nucor Corporation, Steel Dynamics, Inc., and United 
States Steel Corporation (collectively, the petitioners).
    \5\ See Petitioners' Letter, ``Cold-Rolled Steel Flat Products 
from the Republic of Korea: Petitioners' Partial Withdrawal of 
Request for Review,'' dated February 5, 2020.
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\6\ On July 20, 2020, Commerce extended the deadline 
for the preliminary results by 100 days, in accordance with 
751(a)(3)(A) of the Act.\7\ On July 21, 2020, Commerce tolled all 
deadlines in administrative reviews by an additional 60 days.\8\ On 
December 3, 2020, in accordance with section 751(a)(3)(A) of the Act, 
Commerce extended the preliminary results of

[[Page 6872]]

review by an additional 18 days, until January 15, 2021.\9\
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    \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, ``Extension of Time Limit for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated July 20, 
2020.
    \8\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \9\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2018-2019 Antidumping Duty Administrative Review'' dated 
December 3, 2020.
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    On October 7, 2020, Commerce published a notice in the Federal 
Register partially rescinding the instant administrative review of 32 
companies based on the petitioners' timely withdrawal of their requests 
for review of those companies.\10\ The administrative review will 
continue with respect to KG Dongbu Steel,\11\ Hyundai, and POSCO/PIC.
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    \10\ See Certain Cold-Rolled Steel Flat Products from the 
Republic of Korea: Partial Rescission of Antidumping Duty 
Administrative Review; 2018-2019, 85 FR 63253 (October 7, 2020).
    \11\ See Certain Cold-Rolled Steel Flat Products and Certain 
Corrosion-Resistant Steel Products from the Republic of Korea: 
Preliminary Results of Antidumping Duty and Countervailing Duty 
Changed Circumstance Reviews, 86 FR 287 (January 5, 2021). Commerce 
preliminary determined that KG Dongbu Steel Co., Ltd. (KG Dongbu 
Steel) is the successor-in-interest to Dongbu Steel Co., Ltd. 
(Dongbu Steel) and Dongbu Incheon Steel Co., Ltd. (Dongbu Incheon) 
for purposes of determining antidumping duty (AD) cash deposits and 
liabilities pursuant to the AD orders on certain cold-rolled steel 
and certain corrosion resistant steel products (CORE) from Korea.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\12\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as an appendix to this notice. The Preliminary 
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 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.
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    \12\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Certain Cold 
Rolled Steel Flat Products from the Republic of Korea; 2018-2019,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The product covered by the Order \13\ is cold-rolled steel from 
Korea. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.
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    \13\ 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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Methodology

    Commerce is conducting this review in accordance with sections 
751(a) of the Act. Commerce has calculated constructed export prices in 
accordance with section 772 of the Act. Normal value is calculated in 
accordance with section 773 of the Act. Commerce preliminarily finds 
that a cost-based particular market situation (PMS) existed in Korea 
during the POR concerning the cost of hot-rolled coil (HRC) as a 
component of the cost of production for the cold-rolled steel that 
Hyundai Steel and POSCO/PIC produced.\14\ Specifically, we quantified 
the impact of the PMS on the material cost of HRC, and derived a 
corresponding adjustment factor that, when applied to the cost of HRC, 
accounts for the distortions induced by the observed PMS.\15\ For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
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    \14\ For a complete discussion, see Memorandum, ``2018-2019 
Administrative Review of Antidumping Duty Order on Certain Cold 
Rolled Steel Flat Products from the Republic of Korea: Decisions on 
Particular Market Situation Allegations,'' dated concurrently with 
this notice (PMS Memorandum).
    \15\ See PMS Memorandum.
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Rate for Non-Examined Company

    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, we preliminarily calculated a zero percent dumping 
margin for Hyundai and POSCO/PIC and have assigned this rate (i.e., 
0.00 percent) to the company not individually examined (i.e., KG Dongbu 
Steel Co., Ltd.).\16\
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    \16\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
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Preliminary Results of Review

    Commerce preliminarily determines that, for the period September 1, 
2018 through August 31, 2019, the following weighted-average dumping 
margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Hyundai Steel Company.......................................        0.00
POSCO/POSCO International Corporation.......................        0.00
KG Dongbu Steel Co., Ltd....................................        0.00
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Disclosure, Public Comment, and Opportunity To Request a Hearing

    We intend to disclose the calculations performed for these 
preliminary 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). Pursuant to 19 CFR 351.309(c), interested parties 
may submit case briefs no later than 30 days after the date of 
publication of this notice. Rebuttal briefs, the content of which is 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the date for filing case briefs.\17\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\18\
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    \17\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \18\ See 19 CFR 351.303 (for general filing requirements); see 
also Temporary Rule.
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    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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    \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

[[Page 6873]]

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 the hearing at a date and time to be 
determined.\23\ Parties should confirm 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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Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\25\ Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after the date of publication of the final results 
of this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).
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    \25\ See 19 CFR 351.212(b)(1).
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    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 to liquidate the appropriate entries without regard to 
antidumping duties.\26\
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    \26\ 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 
Hyundai and POSCO/PIC 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.\27\
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    \27\ 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/PIC, 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,\28\ 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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    \28\ See Order.
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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

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: January 15, 2021.
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. Affiliation and Collapsing
V. Rate for Non-Examined Company
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2021-01496 Filed 1-22-21; 8:45 am]
BILLING CODE 3510-DS-P