Certain Cut-To-Length Carbon-Quality Steel Plate From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review; 2019, 34718-34720 [2021-13990]
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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Notices
U.S.C. 7265). Individuals must be U.S.
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Appointments of members to the Board
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Dated: June 24, 2021.
Julie Heizer,
Deputy Director, National Travel and Tourism
Office.
[FR Doc. 2021–13881 Filed 6–29–21; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–837]
Certain Cut-To-Length Carbon-Quality
Steel Plate From the Republic of
Korea: Preliminary Results of
Countervailing Duty Administrative
Review; 2019
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain exporters/producers of
certain cut-to-length plate from the
Republic of Korea (Korea) received
countervailable subsidies during the
period of review (POR), January 1, 2019,
through December 31, 2019.
DATES: Applicable June 30, 2021.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1009.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 10, 2000, Commerce
published in the Federal Register the
countervailing duty (CVD) order on CTL
Plate from Korea.1 On April 20, 2020,
Commerce published in the Federal
Register its initiation of the CVD
administrative review of the Order for
the period of January 1, 2019, to
December 31, 2019.2 On May 6, 2020,
Commerce selected Hyundai Steel Co.,
Ltd. (Hyundai Steel) as the sole
mandatory respondent in this
1 See Notice of Amended Final Determinations:
Certain Cut-to-Length Carbon-Quality Steel Plate
from India and the Republic of Korea; and Notice
of Countervailing Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate from France,
India, Indonesia, Italy, and the Republic of Korea,
65 FR 6587 (February 10, 2000) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
19730 (April 20, 2020) (Initiation Notice). The
Initiation Notice lists the company name Hyundai
Steel Co., Ltd. (as requested by the petitioners) and
Hyundai Steel Company (as requested by the firm
itself). For purposes of this notice, we are treating
both firms as the same company and hereinafter
refer to them as Hyundai Steel.
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administrative review.3 On June 10,
2020, Commerce declined to select
Dongkuk Steel Mill Co., Ltd. (DSM) as
a voluntary respondent in this review.4
On April 26, 2021, Commerce initiated
on new subsidy allegations on two
programs.5
Commerce tolled all deadlines in
administrative reviews by 50 days on
April 24, 2020,6 and by an additional 60
days on July 22, 2020.7 On January 29,
2021, Commerce extended the deadline
for issuance of the preliminary results of
this review by 120 days, until June 18,
2021, in accordance with 19 CFR
351.213(h)(2).8
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.9 A list of topics
discussed in the Preliminary Decision
Memorandum is included in the
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/.
Scope of the Order
The product covered by this order is
certain cut-to-length carbon-quality steel
3 See Memorandum, ‘‘Countervailing Duty
Administrative Review of Certain Cut-to-Length
Carbon-Quality Steel Plate from the Republic of
Korea: Selection of Respondents for Individual
Examination,’’ dated May 6, 2020.
4 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty (CVD) Order on Certain
Cut-to-Length Carbon-Quality Steel Plate (CTL
Plate) from the Republic of Korea (Korea),’’ dated
June 10, 2020.
5 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Certain Cut-ToLength Carbon-Quality Steel Plate from the
Republic of Korea: New Subsidy Allegations,’’
dated April 26, 2021.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
7 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 22, 2020.
8 See Memorandum, ‘‘Cut-to-Length Carbon
Quality Steel Plate from the Republic of Korea:
Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review,’’ dated
January 29, 2021.
9 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review, 2019: Cut-to-Length Carbon
Quality Steel Plate from the Republic of Korea from
the Republic of Korea,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Notices
plate. For a complete description of the
scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this CVD
administrative review in accordance
with section 751(a)(l)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that confers a benefit to the recipient,
and that the subsidy is specific.10 For a
full description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Rate for Non-Selected Companies
Under Review
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To determine the rate for companies
not selected for individual examination,
Commerce’s practice is to follow the
instructions to calculate the all-others
rate under section 705(c)(5) of the Act
and weight average the net subsidy rates
for the selected mandatory companies,
excluding rates that are zero, de
minimis, or based entirely on facts
available.11 In this review, we
preliminarily calculated a de minimis
subsidy rate for the sole mandatory
respondent (i.e., Hyundai Steel) during
the POR. In CVD proceedings, where the
number of respondents being
individually examined has been limited,
Commerce has determined that a
‘‘reasonable method’’ to use to
determine the rate applicable to
companies that were not individually
examined when all the rates of selected
mandatory respondents are zero or de
minimis is to assign to the non-selected
respondents the average of the most
recently determined rates that are not
zero, de minimis, or based entirely on
facts available.12 However, if a nonselected respondent has its own
calculated rate that is contemporaneous
with or more recent than such previous
rates, Commerce has found it
appropriate to apply that calculated rate
to the non-selected respondent, even
when that rate is zero or de minimis.13
10 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
11 See, e.g., Certain Pasta from Italy: Final Results
of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386, 37387 (June
29, 2010).
12 See Certain Cut-to-Length Carbon-Quality Steel
Plate from the Republic of Korea: Final Results of
Countervailing Duty Administrative Review;
Calendar Year 2018, 85 FR 84296 (December 28,
2020) (CTL Plate from Korea 2018 Final).
13 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Preliminary Results of
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17:47 Jun 29, 2021
Jkt 253001
In the most recently completed
administrative review of this order, we
calculated a net subsidy rate of 0.28
percent ad valorem for DSM. Therefore,
consistent with Commerce’s practice,
described above, we are assigning the
rate of 0.28 percent ad valorem to DSM,
based on the company’s rate calculated
in the prior review.14
With regard to the two other
remaining non-selected companies, for
which an individual rate was not
calculated, we are assigning the rate of
0.50 percent ad valorem, which is the
only above de minimis rate calculated in
the most recently completed
administrative review.15
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
net countervailable subsidy rates for the
period January 1, 2019, through
December 31, 2019:
34719
Cash Deposit Rate
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amount
indicated above with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within five days
Net
after the date of publication of this
countervailable notice in the Federal Register.16
Company
subsidy
Commerce intends to issue a postrate
preliminary analysis memorandum
(percent)
subsequent to the publication of this
Hyundai Steel Co., Ltd .........
* 0.45 notice. Commerce will notify the parties
Dongkuk Steel Mill Co., Ltd
* 0.28 to this proceeding of the deadlines for
BDP International .................
0.50 the submission of case and rebuttal
Sung Jin Steel Co., Ltd ........
0.50
briefs after the issuance of the postpreliminary analysis memorandum.
* de minimis.
Rebuttal briefs, limited to issues raised
Assessment Rate
in case briefs, may be filed within seven
days 17 after the time limit for filing case
In accordance with 19 CFR
briefs. Parties who submit case or
351.221(b)(4)(i), Commerce has
rebuttal briefs are requested to submit
preliminarily assigned subsidy rates as
indicated above. Consistent with section with each argument: (1) A statement of
751(a)(2)(C) of the Act, upon issuance of the issue; (2) a brief summary of the
argument; and (3) a table of
the final results, Commerce shall
authorities.18 Note that Commerce has
determine, and U.S. Customs and
temporarily modified certain of its
Border Protection (CBP) shall assess,
countervailing duties on all appropriate requirements for serving documents
containing business proprietary
entries covered by this review.
information, until further notice.19
Commerce intends to issue assessment
Interested parties who wish to request
instructions to CBP no earlier than 35
a hearing must do so within 30 days of
days after the date of publication of the
publication of these preliminary results
final results of this review in the
Federal Register. If a timely summons is by submitting a written request to the
Assistant Secretary for Enforcement and
filed at the U.S. Court of International
Compliance using ACCESS.20 Requests
Trade, the assessment instructions will
should contain the party’s name,
direct CBP not to liquidate relevant
address, and telephone number, the
entries until the time for parties to file
number of participants, whether any
a request for a statutory injunction has
participant is a foreign national, and a
expired (i.e., within 90 days of
list of the issues to be discussed. Issues
publication).
raised in the hearing will be limited to
Countervailing Duty Administrative Review and
Intent To Rescind the Review In Part; 2017, 85 FR
3030 (January 17, 2020) unchanged in Steel
Concrete Reinforcing Bar from the Republic of
Turkey: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2017,
85 FR 42353 (July 14, 2020).
14 See CTL Plate from Korea 2018 Final.
15 Id.
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16 See
19 CFR 351.224(b).
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 351.309(c)(2) and (d)(2).
19 See Temporary Rule.
20 See 19 CFR 351.310(c).
17 See
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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Notices
those raised in the respective case and
rebuttal briefs.21 If a request for a
hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined.22 Parties should confirm
the date and time of the hearing two
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised by parties in their
comments, within 120 days after the
date of publication of these preliminary
results.
(AD) and countervailing duty (CVD)
orders on welded line pipe from the
Republic of Korea (Korea) and the
Republic of Turkey (Turkey) would
likely lead to continuation or recurrence
of dumping, net countervailable
subsidies, and material injury to an
industry in the United States,
Commerce is publishing a notice of
continuation of these AD and CVD
orders.
DATES: Applicable June 30, 2021.
FOR FURTHER INFORMATION CONTACT:
Amaris Wade, Office II, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3874.
SUPPLEMENTARY INFORMATION:
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and 19
CFR 351.221(b)(4).
Background
On December 1, 2015, Commerce
published the AD orders on welded line
pipe from Korea and Turkey,1 and the
CVD order on welded line pipe from
Turkey.2 On November 2, 2020, the ITC
instituted,3 and on November 3, 2020,
Commerce initiated,4 the first five-year
(sunset) reviews of the AD Orders and
the CVD Order, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its
reviews, Commerce determined that
revocation of the AD Orders would be
likely to lead to continuation or
recurrence of dumping, and revocation
of the CVD Order would be likely to
lead to continuation or recurrence of
countervailable subsidies. Therefore,
Commerce notified the ITC of the
magnitude of the margins of dumping
and the net subsidy rates likely to
prevail should the AD Orders and the
CVD Order be revoked.5
On June 24, 2021, the ITC published
its determinations, pursuant to sections
751(c) and 752(a) of the Act, that
Dated: June 17, 2021.
Christian Marsh,
Acting Assistant Secretary, for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Non-Selected Rate
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2021–13990 Filed 6–29–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–876, A–489–822, C–489–823]
Welded Line Pipe From the Republic of
Korea and the Republic of Turkey:
Continuation of Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
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AGENCY:
21 Id.
22 See
19 CFR 351.310.
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17:47 Jun 29, 2021
Jkt 253001
1 See Welded Line Pipe From the Republic of
Korea and the Republic of Turkey: Antidumping
Duty Orders, 80 FR 75056 (December 1, 2015) (AD
Orders).
2 See Welded Line Pipe From the Republic of
Turkey: Countervailing Duty Order, 80 FR 75054
(December 1, 2015) (CVD Order).
3 See Welded Line Pipe From Korea and Turkey;
Institution of Five-Year Reviews, 85 FR 69354
(November 2, 2020).
4 See Initiation of Five-Year (Sunset) Reviews, 85
FR 69585 (November 3, 2020).
5 See Welded Line Pipe From the Republic of
Korea and the Republic of Turkey: Final Results of
the Expedited First Sunset Reviews of the
Antidumping Duty Orders, 86 FR 12172 (March 2,
2021), and accompanying Issues and Decision
Memorandum (IDM); see also Welded Line Pipe
From the Republic of Turkey: Final Results of the
Expedited First Sunset Review of the Countervailing
Duty Order, 86 FR 13526 (March 9, 2021), and
accompanying IDM.
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revocation of the AD Orders and the
CVD Order would likely lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.6
Scope of the Orders
The scope of these orders is circular
welded carbon and alloy steel (other
than stainless steel) pipe of a kind used
for oil or gas pipelines (welded line
pipe), not more than 24 inches in
nominal outside diameter, regardless of
wall thickness, length, surface finish,
end finish, or stenciling. Welded line
pipe is normally produced to the
American Petroleum Institute (API)
specification 5L, but can be produced to
comparable foreign specifications, to
proprietary grades, or can be non-graded
material. All pipe meeting the physical
description set forth above, including
multiple-stenciled pipe with an API or
comparable foreign specification line
pipe stencil is covered by the scope of
these orders.
The welded line pipe that is subject
to these orders is currently classifiable
in the Harmonized Tariff Schedule of
the United States (HTSUS) under
subheadings 7305.11.1030,
7305.11.5000, 7305.12.1030,
7305.12.5000, 7305.19.1030,
7305.19.5000, 7306.19.1010,
7306.19.1050, 7306.19.5110, and
7306.19.5150. The subject merchandise
may also enter in HTSUS 7305.11.1060
and 7305.12.1060. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of these
orders is dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the AD Orders and the CVD Order
would likely lead to a continuation or
a recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a),
Commerce hereby orders the
continuation of the AD Orders and the
CVD Order. U.S. Customs and Border
Protection will continue to collect AD
and CVD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise.
The effective date of the continuation
of the AD Orders and the CVD Order
6 See Certain Welded Line Pipe from Korea and
Turkey USITC Inv. Nos. 701–TA–525 and 731–TA–
1260–1261 (Review), 86 FR 33356 (June 24, 2021);
see also Certain Welded Line Pipe from Korea and
Turkey USITC Inv. Nos. 701–TA–525 and 731–TA–
1260–1261 (Review), USITC Pub. 5202 (June 2021).
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]]>Agencies
[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34718-34720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13990]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Certain Cut-To-Length Carbon-Quality Steel Plate From the
Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain exporters/producers of certain cut-to-length plate from
the Republic of Korea (Korea) received countervailable subsidies during
the period of review (POR), January 1, 2019, through December 31, 2019.
DATES: Applicable June 30, 2021.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, Commerce published in the Federal Register
the countervailing duty (CVD) order on CTL Plate from Korea.\1\ On
April 20, 2020, Commerce published in the Federal Register its
initiation of the CVD administrative review of the Order for the period
of January 1, 2019, to December 31, 2019.\2\ On May 6, 2020, Commerce
selected Hyundai Steel Co., Ltd. (Hyundai Steel) as the sole mandatory
respondent in this administrative review.\3\ On June 10, 2020, Commerce
declined to select Dongkuk Steel Mill Co., Ltd. (DSM) as a voluntary
respondent in this review.\4\ On April 26, 2021, Commerce initiated on
new subsidy allegations on two programs.\5\
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate from France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730 (April 20, 2020) (Initiation
Notice). The Initiation Notice lists the company name Hyundai Steel
Co., Ltd. (as requested by the petitioners) and Hyundai Steel
Company (as requested by the firm itself). For purposes of this
notice, we are treating both firms as the same company and
hereinafter refer to them as Hyundai Steel.
\3\ See Memorandum, ``Countervailing Duty Administrative Review
of Certain Cut-to-Length Carbon-Quality Steel Plate from the
Republic of Korea: Selection of Respondents for Individual
Examination,'' dated May 6, 2020.
\4\ See Memorandum, ``Administrative Review of the
Countervailing Duty (CVD) Order on Certain Cut-to-Length Carbon-
Quality Steel Plate (CTL Plate) from the Republic of Korea
(Korea),'' dated June 10, 2020.
\5\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Cut-To-Length Carbon-Quality
Steel Plate from the Republic of Korea: New Subsidy Allegations,''
dated April 26, 2021.
---------------------------------------------------------------------------
Commerce tolled all deadlines in administrative reviews by 50 days
on April 24, 2020,\6\ and by an additional 60 days on July 22, 2020.\7\
On January 29, 2021, Commerce extended the deadline for issuance of the
preliminary results of this review by 120 days, until June 18, 2021, in
accordance with 19 CFR 351.213(h)(2).\8\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 22, 2020.
\8\ See Memorandum, ``Cut-to-Length Carbon Quality Steel Plate
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
January 29, 2021.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\9\
A list of topics discussed in the Preliminary Decision Memorandum is
included in the 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/.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, 2019: Cut-
to-Length Carbon Quality Steel Plate from the Republic of Korea from
the Republic of Korea,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is certain cut-to-length carbon-
quality steel
[[Page 34719]]
plate. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this CVD administrative review in accordance
with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, we
preliminarily determine that there is a subsidy, i.e., a financial
contribution by an ``authority'' that confers a benefit to the
recipient, and that the subsidy is specific.\10\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\10\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Rate for Non-Selected Companies Under Review
To determine the rate for companies not selected for individual
examination, Commerce's practice is to follow the instructions to
calculate the all-others rate under section 705(c)(5) of the Act and
weight average the net subsidy rates for the selected mandatory
companies, excluding rates that are zero, de minimis, or based entirely
on facts available.\11\ In this review, we preliminarily calculated a
de minimis subsidy rate for the sole mandatory respondent (i.e.,
Hyundai Steel) during the POR. In CVD proceedings, where the number of
respondents being individually examined has been limited, Commerce has
determined that a ``reasonable method'' to use to determine the rate
applicable to companies that were not individually examined when all
the rates of selected mandatory respondents are zero or de minimis is
to assign to the non-selected respondents the average of the most
recently determined rates that are not zero, de minimis, or based
entirely on facts available.\12\ However, if a non-selected respondent
has its own calculated rate that is contemporaneous with or more recent
than such previous rates, Commerce has found it appropriate to apply
that calculated rate to the non-selected respondent, even when that
rate is zero or de minimis.\13\
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\11\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\12\ See Certain Cut-to-Length Carbon-Quality Steel Plate from
the Republic of Korea: Final Results of Countervailing Duty
Administrative Review; Calendar Year 2018, 85 FR 84296 (December 28,
2020) (CTL Plate from Korea 2018 Final).
\13\ See Steel Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Countervailing Duty Administrative
Review and Intent To Rescind the Review In Part; 2017, 85 FR 3030
(January 17, 2020) unchanged in Steel Concrete Reinforcing Bar from
the Republic of Turkey: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2017, 85 FR 42353 (July
14, 2020).
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In the most recently completed administrative review of this order,
we calculated a net subsidy rate of 0.28 percent ad valorem for DSM.
Therefore, consistent with Commerce's practice, described above, we are
assigning the rate of 0.28 percent ad valorem to DSM, based on the
company's rate calculated in the prior review.\14\
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\14\ See CTL Plate from Korea 2018 Final.
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With regard to the two other remaining non-selected companies, for
which an individual rate was not calculated, we are assigning the rate
of 0.50 percent ad valorem, which is the only above de minimis rate
calculated in the most recently completed administrative review.\15\
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\15\ Id.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates for the period January 1,
2019, through December 31, 2019:
------------------------------------------------------------------------
Net
countervailable
Company subsidy rate
(percent)
------------------------------------------------------------------------
Hyundai Steel Co., Ltd................................. * 0.45
Dongkuk Steel Mill Co., Ltd............................ * 0.28
BDP International...................................... 0.50
Sung Jin Steel Co., Ltd................................ 0.50
------------------------------------------------------------------------
* de minimis.
Assessment Rate
In accordance with 19 CFR 351.221(b)(4)(i), Commerce has
preliminarily assigned subsidy rates as indicated above. Consistent
with section 751(a)(2)(C) of the Act, upon issuance of the final
results, Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. 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 Rate
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit instructions, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days after the date of publication of this notice in the Federal
Register.\16\ Commerce intends to issue a post-preliminary analysis
memorandum subsequent to the publication of this notice. Commerce will
notify the parties to this proceeding of the deadlines for the
submission of case and rebuttal briefs after the issuance of the post-
preliminary analysis memorandum. Rebuttal briefs, limited to issues
raised in case briefs, may be filed within seven days \17\ after the
time limit for filing case briefs. Parties who submit case or rebuttal
briefs are requested to submit with each argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\18\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\19\
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\16\ See 19 CFR 351.224(b).
\17\ See 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 351.309(c)(2) and (d)(2).
\19\ See Temporary Rule.
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using ACCESS.\20\ Requests should contain the party's name,
address, and telephone number, the number of participants, whether any
participant is a foreign national, and a list of the issues to be
discussed. Issues raised in the hearing will be limited to
[[Page 34720]]
those raised in the respective case and rebuttal briefs.\21\ If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined.\22\ Parties should confirm the date
and time of the hearing two days before the scheduled date. Parties are
reminded that all briefs and hearing requests must be filed
electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date.
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\20\ See 19 CFR 351.310(c).
\21\ Id.
\22\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised by parties in their comments, within 120 days after the
date of publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 19 CFR 351.221(b)(4).
Dated: June 17, 2021.
Christian Marsh,
Acting Assistant Secretary, for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Non-Selected Rate
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2021-13990 Filed 6-29-21; 8:45 am]
BILLING CODE 3510-DS-P
