Carbon and Alloy Steel Cut-To-Length Plate From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2018-2019, 15643-15645 [2021-06068]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices
Lockheed Martin Space Systems
Company) (Lockheed Martin) submitted
a notification of proposed production
activity to the FTZ Board for its facility
in Littleton, Colorado. The notification
conforming to the requirements of the
regulations of the FTZ Board (15 CFR
400.22) was received on March 17,
2021.
Lockheed Martin already has
authority to produce satellites and other
spacecraft for space-based use and
subsystems for satellites and other
spacecraft within Subzone 123G. The
current request would add three foreign
status materials/components to the
scope of authority. Pursuant to 15 CFR
400.14(b), additional FTZ authority
would be limited to the specific foreignstatus materials/components described
in the submitted notification (as
described below) and subsequently
authorized by the FTZ Board.
Production under FTZ procedures
could exempt Lockheed Martin from
customs duty payments on the foreignstatus materials/components used in
export production. On its domestic
sales, for the foreign-status materials/
components noted below, Lockheed
Martin would be able to choose the duty
rates during customs entry procedures
that apply to satellites and other craft
for space-based use and subsystems for
satellites and other spacecraft (dutyfree). Lockheed Martin would be able to
avoid duty on foreign-status
components which become scrap/waste.
Customs duties also could possibly be
deferred or reduced on foreign-status
production equipment.
The materials/components sourced
from abroad include rechargeable
lithium-ion batteries, electric thrusters,
and payload adapter assemblies (duty
rate ranges from duty-free to 3.4%). The
request indicates that certain materials/
components are subject to duties under
Section 301 of the Trade Act of 1974
(Section 301), depending on the country
of origin. The applicable Section 301
decisions require subject merchandise
to be admitted to FTZs in privileged
foreign status (19 CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is May 3,
2021.
A copy of the notification will be
available for public inspection in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Juanita Chen at juanita.chen@trade.gov
or 202–482–1378.
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Jkt 253001
Dated: March 19, 2021.
Andrew McGilvray,
Executive Secretary.
Scope of the Order 3
[FR Doc. 2021–06063 Filed 3–23–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–887]
Carbon and Alloy Steel Cut-To-Length
Plate From the Republic of Korea:
Final Results of Antidumping Duty
Administrative Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on carbon and
alloy steel cut-to-length plate from the
Republic of Korea. The period of review
(POR) is May 1, 2018, through April 30,
2019. The review covers one producer/
exporter of the subject merchandise,
POSCO/POSCO International
Corporation and its affiliated companies
(collectively, the POSCO single entity).
We determine that sales of subject
merchandise by the POSCO single entity
were not made at prices below normal
value (NV).
DATES: Applicable March 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Joshua Simonidis or William Horn, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0608 or
(202) 482–4868, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results on July 27, 2020.1 We invited
interested parties to comment on the
Preliminary Results. For a complete
description of the events that occurred
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.2
1 See Carbon and Alloy Steel Cut-to-Length Plate
from the Republic of Korea: Preliminary Results of
Antidumping Duty Review; 2018–2019; 85 FR 45165
(July 27, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results in the 2018–
2019 Antidumping Duty Administrative Review of
Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
PO 00000
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15643
The merchandise subject to the Order
is carbon and alloy steel cut-to-length
plate. The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7225.40.1110, 7225.40.1180,
7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the
investigations may also enter under the
following HTSUS subheadings:
7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.19.1500,
7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590,
7211.90.0000, 7212.40.1000,
7212.40.5000, 7212.50.0000,
7214.10.000, 7214.30.0010,
7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090,
7225.11.0000, 7225.19.0000,
7225.40.5110, 7225.40.5130,
7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090,
7206.11.1000, 7226.11.9060,
7229.19.1000, 7226.19.9000,
7226.91.0500, 7226.91.1530,
7226.91.1560, 7226.91.2530,
7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings are provided
for convenience and customs purposes
only; the written product description of
the scope of the Order is dispositive. For
a complete description of the scope of
the Order, see the Preliminary Results.4
Analysis of Comments Received
All issues raised in the parties’ case
and rebuttal briefs are addressed in the
Issues and Decision Memorandum and
are listed in the appendix to this notice.
The Issues and Decision Memorandum
is a public document and is on-file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
3 See Certain Carbon and Alloy Steel Cut-ToLength Plate From Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096 (May 25, 2017) (Order).
4 See Preliminary Results PDM at 3–7.
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15644
Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices
directly on the internet at https://
enforcement.trade.gov/frn/.
Changes Since the Preliminary Results
Based on the comments received from
interested parties and record
information, we made certain changes to
our preliminary dumping margin
calculations for the POSCO single
entity. For a discussion of these
changes, see the Issues and Decision
Memorandum.
Final Results of the Review
As a result of this review, we
determine the following weightedaverage dumping margin exists for the
POR:
Exporter or producer
Weightedaverage
dumping
margin
(percent)
POSCO single entity 5 ................
00.00
Disclosure
Commerce intends to disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register, in accordance with
section 751(a) of the Act and 19 CFR
351.224(b).
Assessment Rates
khammond on DSKJM1Z7X2PROD with NOTICES
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with these
final results of review.6 Because the
weighted-average dumping margin for
the POSCO single entity is zero percent,
we will instruct CBP to liquidate the
5 Commerce continues to determine that POSCO,
POSCO International Corporation (successor in
interest to POSCO Daewoo Corporation), POSCO
Processing & Service Co., Ltd., and certain
distributors and service centers (Taechang Steel Co.,
Ltd., Winsteel Co., Ltd., Moonbae Steel Co., Ltd.,
Dae Dong Steel Co., Ltd., Shinjin Esco Co., Ltd., and
Shilla Steel Co., Ltd.) are affiliated pursuant to
section 771(33)(E) of the Tariff Act of 1930, as
amended (the Act), and that these companies
should be treated as a single entity (collectively, the
POSCO single entity) pursuant to 19 CFR
351.401(f). Our collapsing determination with
respect to Moonbae Steel Co., Ltd. and Dae Dong
Steel Co., Ltd. relates only to the portion of the POR
during which these companies were affiliated with
POSCO, i.e., from May 1, 2018 to July 2, 2018, and
from May 1, 2018 to June 20, 2018, respectively. See
Preliminary Results and PDM at 9–10; see also
Memorandum, ‘‘2018–2019 Antidumping Duty
Administrative Review of Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Republic of
Korea: Affiliation and Collapsing Memorandum,’’
dated July 20, 2020.
6 See 19 CFR 351.212(b).
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Jkt 253001
appropriate entries without regard to
antidumping duties.7
Commerce’s ‘‘reseller policy’’ will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which the reviewed companies did
not know that the merchandise they
sold to the intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, 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.8
Consistent with its recent notice,9
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).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
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 the POSCO single
entity will be equal to the weightedaverage dumping margin established in
the final results of this administrative
review (i.e., zero percent); (2) for
merchandise exported by a producer or
exporter 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 the producer or exporter
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original less-than-fairvalue (LTFV) investigation, but the
7 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).
8 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
9 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
PO 00000
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Fmt 4703
Sfmt 4703
producer is, the cash deposit rate will be
the rate established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers and exporters will continue
to be 7.10 percent ad valorem, the allothers rate established in the LTFV
investigation.10
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), 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 the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: March 18, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. The POSCO Single Entity
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
10 See
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Order, 82 FR at 24098.
24MRN1
15645
Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices
Comment 1: Affiliation Between POSCO
and Shilla Steel Co., Ltd.
Comment 2: Home Market Freight Revenue
Capping
Comment 3: Freight Revenue Reported as
Billing Adjustments
Comment 4: POSCO International
Corporation’s Plate Fabricating Division
Comment 5: Application of Adverse Facts
Available (AFA) to POSCO’s Conversion
Costs
Comment 6: Application of AFA for
POSCO’s Service Centers’ Reporting
VI. Recommendation
[FR Doc. 2021–06068 Filed 3–23–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Final Results
of Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that producers
and/or exporters subject to this
administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR),
May 1, 2018, through April 30, 2019.
Additionally, Commerce determines
that a company for which we initiated
a review had no shipments during the
POR.
SUMMARY:
DATES:
Applicable March 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or David Crespo, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4682 or (202) 482–3693,
respectively.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
Background
This review covers seven producers
and/or exporters of the subject
merchandise. Commerce selected two
companies, NLMK Verona SpA (NVR)
and Officine Tecnosider s.r.l. (OTS), for
individual examination. The producers
and/or exporters not selected for
individual examination are listed in the
‘‘Final Results of the Review’’ section of
this notice.
VerDate Sep<11>2014
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Jkt 253001
On July 22, 2020, Commerce
published the Preliminary Results.1 In
August 2020, certain of the petitioners 2
and NVR submitted case and rebuttal
briefs. For a description of the events
that occurred since the Preliminary
Results, see the Issues and Decision
Memorandum.3 On July 21, 2020,
Commerce tolled all deadlines in
administrative reviews by an additional
60 days.4 On December 30, 2020, we
extended the deadline for the final
results by 60 days, until March 18,
2021.5 The deadline for the final results
of this review is now March 18, 2021.
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The products covered by the order are
certain carbon and alloy steel hot-rolled
or forged flat plate products not in coils,
whether or not painted, varnished, or
coated with plastics or other nonmetallic substances from Italy. Products
subject to the order are currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers: 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7225.40.1110, 7225.40.1180,
7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to this scope is
dispositive.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and 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/.
Determination of No Shipments
As noted in the Preliminary Results,
we received a no shipment claim from
one company involved in this
administrative review, Lyman Steel
Company (Lyman). In the Preliminary
Results, we preliminarily determined
that Lyman had no reviewable
transactions during the POR. We
received no comments from interested
parties with respect to this claim.
Therefore, because the record indicates
that this company did not export subject
merchandise to the United States during
the POR, we continue to find that
Lyman had no reviewable transactions
during the POR. Accordingly, consistent
with Commerce’s practice, we intend to
instruct U.S. Customs and Border
Protection (CBP) to liquidate any
existing entries of merchandise
produced by Lyman, but exported by
other parties, at the rate for the
intermediate reseller, if available, or at
the all-others rate.7
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made no changes to the
preliminary weighted-average margin
calculations for OTS, NVR, or for those
companies not selected for individual
review.8
Final Results of the Review
1 See
Certain Carbon and Alloy Steel Cut-ToLength Plate from Italy: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018–
2019, 85 FR 44283 (July 22, 2020) (Preliminary
Results).
2 This company is Nucor Corporation.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2018–
2019 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel CutTo-Length Plate from Italy,’’ dated concurrently
with, and hereby adopted by, these results (Issues
and Decision Memorandum).
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
5 See Memorandum, ‘‘Certain Carbon and Alloy
Steel Cut-To-Length Plate from Italy; 2018–2019
Administrative Review: Extension of Deadline for
Final Results,’’ dated December 30, 2020.
6 For a full description of the scope of the order,
see Issues and Decision Memorandum.
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We continue to assign the following
weighted-average dumping margins to
the firms listed below for the period
May 1, 2018, through April 30, 2019:
Producer/exporter
NLMK Verona SpA .....................
Weightedaverage
dumping
margin
(percent)
1.39
7 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
8 See Issues and Decision Memorandum.
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]]>Agencies
[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15643-15645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06068]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-887]
Carbon and Alloy Steel Cut-To-Length Plate From the Republic of
Korea: Final Results of Antidumping Duty Administrative Review; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on carbon and alloy
steel cut-to-length plate from the Republic of Korea. The period of
review (POR) is May 1, 2018, through April 30, 2019. The review covers
one producer/exporter of the subject merchandise, POSCO/POSCO
International Corporation and its affiliated companies (collectively,
the POSCO single entity). We determine that sales of subject
merchandise by the POSCO single entity were not made at prices below
normal value (NV).
DATES: Applicable March 24, 2021.
FOR FURTHER INFORMATION CONTACT: Joshua Simonidis or William Horn, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0608 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on July 27, 2020.\1\ We
invited interested parties to comment on the Preliminary Results. For a
complete description of the events that occurred subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea: Preliminary Results of Antidumping Duty Review;
2018-2019; 85 FR 45165 (July 27, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the 2018-2019 Antidumping Duty Administrative
Review of Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Certain Carbon and Alloy Steel Cut-To-Length Plate From
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096 (May 25, 2017) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is carbon and alloy steel cut-
to-length plate. The product is currently classified under the
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and
7226.91.5000.
The products subject to the investigations may also enter under the
following HTSUS subheadings: 7208.40.6060, 7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.10.000, 7214.30.0010, 7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090,
7206.11.1000, 7226.11.9060, 7229.19.1000, 7226.19.9000, 7226.91.0500,
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings are provided for convenience and customs
purposes only; the written product description of the scope of the
Order is dispositive. For a complete description of the scope of the
Order, see the Preliminary Results.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Results PDM at 3-7.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed in the
appendix to this notice. The Issues and Decision Memorandum is a public
document and is on-file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed
[[Page 15644]]
directly on the internet at https://enforcement.trade.gov/frn/.
Changes Since the Preliminary Results
Based on the comments received from interested parties and record
information, we made certain changes to our preliminary dumping margin
calculations for the POSCO single entity. For a discussion of these
changes, see the Issues and Decision Memorandum.
Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margin exists for the POR:
---------------------------------------------------------------------------
\5\ Commerce continues to determine that POSCO, POSCO
International Corporation (successor in interest to POSCO Daewoo
Corporation), POSCO Processing & Service Co., Ltd., and certain
distributors and service centers (Taechang Steel Co., Ltd., Winsteel
Co., Ltd., Moonbae Steel Co., Ltd., Dae Dong Steel Co., Ltd.,
Shinjin Esco Co., Ltd., and Shilla Steel Co., Ltd.) are affiliated
pursuant to section 771(33)(E) of the Tariff Act of 1930, as amended
(the Act), and that these companies should be treated as a single
entity (collectively, the POSCO single entity) pursuant to 19 CFR
351.401(f). Our collapsing determination with respect to Moonbae
Steel Co., Ltd. and Dae Dong Steel Co., Ltd. relates only to the
portion of the POR during which these companies were affiliated with
POSCO, i.e., from May 1, 2018 to July 2, 2018, and from May 1, 2018
to June 20, 2018, respectively. See Preliminary Results and PDM at
9-10; see also Memorandum, ``2018-2019 Antidumping Duty
Administrative Review of Certain Carbon and Alloy Steel Cut-to-
Length Plate from the Republic of Korea: Affiliation and Collapsing
Memorandum,'' dated July 20, 2020.
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
POSCO single entity \5\.................................... 00.00
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with section 751(a)
of the Act and 19 CFR 351.224(b).
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with these final results of
review.\6\ Because the weighted-average dumping margin for the POSCO
single entity is zero percent, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\7\
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\6\ See 19 CFR 351.212(b).
\7\ 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).
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, 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.\8\
---------------------------------------------------------------------------
\8\ 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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Consistent with its recent notice,\9\ 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).
---------------------------------------------------------------------------
\9\ See Notice of Discontinuation of Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the 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 the POSCO single
entity will be equal to the weighted-average dumping margin established
in the final results of this administrative review (i.e., zero
percent); (2) for merchandise exported by a producer or exporter 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 the producer or exporter participated; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original less-than-fair-value (LTFV) investigation, but the producer
is, the cash deposit rate will be the rate established for the most
recently completed segment of the proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers and
exporters will continue to be 7.10 percent ad valorem, the all-others
rate established in the LTFV investigation.\10\
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\10\ See Order, 82 FR at 24098.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: March 18, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. The POSCO Single Entity
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
[[Page 15645]]
Comment 1: Affiliation Between POSCO and Shilla Steel Co., Ltd.
Comment 2: Home Market Freight Revenue Capping
Comment 3: Freight Revenue Reported as Billing Adjustments
Comment 4: POSCO International Corporation's Plate Fabricating
Division
Comment 5: Application of Adverse Facts Available (AFA) to
POSCO's Conversion Costs
Comment 6: Application of AFA for POSCO's Service Centers'
Reporting
VI. Recommendation
[FR Doc. 2021-06068 Filed 3-23-21; 8:45 am]
BILLING CODE 3510-DS-P
