Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2018-2019, 40808-40810 [2021-16172]
Download as PDF
40808
Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Notices
location companies or were large singleestablishment companies. On an annual
basis, the mail-out sample is
supplemented with large, newly active
single-establishment companies
identified from a list provided by the
Internal Revenue Service and new
manufacturing establishments of multilocation companies identified from the
Census Bureau’s Company Organization
Survey.
jbell on DSKJLSW7X2PROD with NOTICES
III. Data
OMB Control Number: 0607–0963.
Electronic Path ID: MP–10002.
Type of Review: Regular submission,
Request for a Reinstatement, with
Change, of a Previously Approved
Collection.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
50,000.
Estimated Time per Response: 45
minutes.
Estimated Total Annual Burden
Hours: 37,500.
Estimated Total Annual Cost to
Public: $0. (This is not the cost of
respondents’ time, but the indirect costs
respondents may incur for such things
as purchases of specialized software or
hardware needed to report, or
expenditures for accounting or records
maintenance services required
specifically by the collection.)
Respondent’s Obligation: Mandatory.
Legal Authority: Title 13, United
States Code, Sections 131 and 182;
Sections 224 and 225 make reporting for
this survey mandatory.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include, or
summarize, each comment in our
request to OMB to approve this ICR.
Before including your address, phone
number, email address, or other
personal identifying information in your
VerDate Sep<11>2014
19:19 Jul 28, 2021
Jkt 253001
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–16151 Filed 7–28–21; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–881]
Certain Cold-Rolled Steel Flat Products
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) determines that certain
cold-rolled steel flat products (coldrolled steel) from the Republic of Korea
were not sold in the United States at
prices below normal value during the
period of review (POR), September 1,
2018, through August 31, 2019.
DATES: Applicable July 29, 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.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On January 25, 2021, Commerce
published the Preliminary Results of
this administrative review.1 We invited
interested parties to comment on the
Preliminary Results. Between February
24, and March 5, 2021, Commerce
received timely filed case briefs and
rebuttal briefs from United States Steel
Corporation (U.S. Steel), additional
1 See Certain Cold Rolled Steel Flat Products from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2018–
2019, 86 FR 6871 (January 25, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
domestic parties,2 Hyundai Steel
Company (Hyundai), and POSCO/
POSCO International Corporation
(POSCO).3 On May 14, 2021, we
extended the deadline for issuing the
final results until July 23, 2021.4
For a complete description of the
events that followed the Preliminary
Results, see the Issues and Decision
Memorandum, dated concurrently with
these final results and hereby adopted
by this notice.5 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 on the internet at https://
enforcement.trade.gov/frn/.
This review covers three producers
and exporters of the subject
merchandise. Based on an analysis of
the comments received, we made
certain changes to the margin
calculations. The weighted-average
dumping margins are listed in the
‘‘Final Results of the Review’’ section of
this notice. Commerce conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
2 Additional domestic parties include
ArcelorMittal USA LLC, AK Steel Corporation, and
Cleveland-Cliffs Steel LLC (collectively, domestic
producers).
3 See POSCO’s Letter, ‘‘Cold Rolled Steel Flat
Products from the Republic of Korea: POSCO’s Case
Brief,’’ dated February 24, 2021; see also Hyundai’s
Letter, ‘‘Cold Rolled Steel Flat Products from the
Republic of Korea: Hyundai Steel’s Case Brief,’’
dated February 24, 2021; U.S. Steel’s Letter,
‘‘Certain Cold-Rolled Steel Flat Products From the
Republic of Korea: Case Brief of United States Steel
Corporation,’’ dated February 24, 2021; POSCO’s
Letter, ‘‘Cold Rolled Steel Flat Products From the
Republic of Korea: POSCO’s Rebuttal Brief,’’ dated
March 5, 2021; Hyundai’s Letter, ‘‘Cold Rolled Steel
Flat Products From the Republic of Korea: Hyundai
Steel’s Rebuttal Brief,’’ dated March 5, 2021; US
Steel’s and Domestic Producers’ Letter, ‘‘ColdRolled Steel Flat Products From South Korea:
Rebuttal Brief of United States Steel Corporation,’’
dated March 5, 2021; and U.S. Steel and Domestic
Producers’ Letter, ‘‘Cold Rolled Steel Flat Products
from Korea: Petitioners’ Rebuttal Brief Concerning
POSCO,’’ dated March 5, 2021.
4 See Memorandum, ‘‘Certain Cold-Rolled Steel
Flat Products from the Republic of Korea: Extension
of Deadline for Final Results of Antidumping Duty
Administrative Review,’’ dated May 14, 2021.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2018–
2019 Administrative Review of the Antidumping
Duty Order on Certain Cold-Rolled Steel Flat
Products from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
E:\FR\FM\29JYN1.SGM
29JYN1
Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Notices
Scope of the Order
The product covered by the Order 6 is
cold-rolled steel from the Republic of
Korea. For a complete description of the
scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All arguments raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made certain
changes to the margin calculations for
Hyundai Steel Company (Hyundai) and
POSCO/POSCO International
Corporation (POSCO). For a discussion
of these changes, see the ‘‘Margin
Calculations’’ section of the Issues and
Decision Memorandum.7
jbell on DSKJLSW7X2PROD with NOTICES
Rate for Non-Examined Company
The Act 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}.’’ Section
735(c)(5)(B) of the Act also provides
that, where all rates for individually
examined companies are zero, de
minimis, or based entirely on facts
available, Commerce may use ‘‘any
reasonable method’’ for assigning the
rate to all other respondents. The SAA
states that one such reasonable method
is to weight-average the rates that are
6 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).
7 See Issues and Decision Memorandum; see also
Memorandum, ‘‘Final Determination Calculations
for Hyundai,’’ dated concurrently with this notice;
and Memorandum, ‘‘Final Determination
Calculations for POSCO/PIC,’’ dated concurrently
with this notice.
VerDate Sep<11>2014
19:19 Jul 28, 2021
Jkt 253001
zero, de minimis, and based entirely on
facts available.8
For these final results, we calculated
weighted-average dumping margins for
Hyundai and POSCO that are zero
percent, and we have assigned this zero
percent rate to the company not
individually examined in this review
(i.e., KG Dongbu Steel Co., Ltd) pursuant
to section 735(c)(5)(B) of the Act.9
Final Results of Review
Commerce determines that the
following weighted-average dumping
margins exist for the period September
1, 2018, through August 31, 2019:
Producers/exporters
Hyundai Steel Company .............
POSCO/POSCO International
Corporation 10 ..........................
KG Dongbu Steel Co., Ltd 11 ......
Weightedaverage
dumping
margin
(percent)
0.00
0.00
0.00
Disclosure
Commerce intends to disclose the
calculations performed for these final
results within five days of the date of
publication of this notice in the Federal
Register, to parties in this proceeding,
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
8 See Statement of Administrative Action
Accompanying the Uruguay Round Agreements
Act, H.R. Doc. 103–316, vol. 1 (1994) at 873 (1994)
(SAA).
9 See Albemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. 2016).
10 Commerce has collapsed POSCO and POSCO
International Corporation (PIC), treating these
companies as a single entity. Commerce also finds
that PIC is the successor-in-interest to POSCO
Daewoo Corporation (PDW), and, as a consequence,
is part of the collapsed POSCO single entity. See
Memorandum, ‘‘Cold-Rolled Steel Flat Products
from the Republic of Korea: POSCO and POSCO
International Corporation Affiliation and Collapsing
Memorandum,’’ dated January 15, 2021 at 9–10.
11 Commerce determined that KG Dongbu Steel
Co., Ltd. (KG Dongbu Steel) is the successor-ininterest 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 from
Korea. 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), unchanged in Certain Cold-Rolled Steel
Flat Products and Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Final Results
of Antidumping and Countervailing Duty Changed
Circumstances Reviews, 86 FR 10922 (February 23,
2021).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
40809
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
Pursuant to 19 CFR 351.212(b)(1),
where the respondent did not report
entered value, we calculated the entered
value in order to calculate the
assessment rate. Where the respondent’s
weighted-average dumping margin is
zero or de minimis within the meaning
of 19 CFR 351.106(c)(1), or an importerspecific rate is zero or de minimis, we
will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. In accordance with
Commerce’s practice, for entries of
subject merchandise during the POR for
which the reviewed companies did not
know that the merchandise was
destined for the United States, we will
instruct CBP to liquidate such entries at
the all-others rate if there is no
company-specific rate for the
intermediate company(ies) involved in
the transaction.12
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.13
Consistent with its recent notice,14
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 cash 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 each specific
company listed above will be zero; (2)
for previously investigated companies
12 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May
6, 2003).
13 See section 751(a)(2)(C) of the Act.
14 See Notice of Discontinuation Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
E:\FR\FM\29JYN1.SGM
29JYN1
40810
Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Notices
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; (3) if the exporter is not a
firm covered in this review, or the
original less-than-fair-value (LTFV)
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 20.33
percent,15 the all-others rate established
in the LTFV investigation. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Rate for Non-Examined Company
VI. Discussion of the Issues
Comment 1–A: Lawfulness of Commerce’s
Interpretation of the Particular Market
Situation (PMS) Provision
Comment 1–B: Evidence of a PMS
Comment 1–C: Quantification of PMS
Adjustment
Comment 2: Constructed Export Price
(CEP) Offset for POSCO
Comment 3: Correction of Calculation
Errors
Comment 4: Whether Hyundai’s Cost
Accounting Merits Adverse Facts
Available (AFA)
Comment 5: Assignment of an Assessment
Rate to a Certain U.S. Affiliate
VII. Recommendation
Notification to Importers
This notice 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 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.
[FR Doc. 2021–16172 Filed 7–28–21; 8:45 am]
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition 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
Commerce is 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)(4).
jbell on DSKJLSW7X2PROD with NOTICES
Dated: July 23, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
15 See
Order.
VerDate Sep<11>2014
19:19 Jul 28, 2021
Jkt 253001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket Number: [210726–0151]]
Artificial Intelligence Risk Management
Framework
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Request for information.
AGENCY:
The National Institute of
Standards and Technology (NIST) is
developing a framework that can be
used to improve the management of
risks to individuals, organizations, and
society associated with artificial
intelligence (AI). The NIST Artificial
Intelligence Risk Management
Framework (AI RMF or Framework) is
intended for voluntary use and to
improve the ability to incorporate
trustworthiness considerations into the
design, development, and use, and
evaluation of AI products, services, and
systems. This notice requests
information to help inform, refine, and
guide the development of the AI RMF.
The Framework will be developed
through a consensus-driven, open, and
collaborative process that will include
public workshops and other
opportunities for stakeholders to
provide input.
DATES: Comments in response to this
notice must be received by 5:00 p.m.
Eastern time on August 19, 2021.
Written comments in response to the
RFI should be submitted according to
the instructions in the ADDRESSES and
SUPPLEMENTARY INFORMATION sections
below. Submissions received after that
date may not be considered.
SUMMARY:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Comments may be
submitted by any of the following
methods:
• Electronic submission: Submit
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov and
enter NIST–2021–0004 in the search
field,
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
• Email: Comments in electronic form
may also be sent to AIframework@
nist.gov in any of the following formats:
HTML; ASCII; Word; RTF; or PDF.
Please submit comments only and
include your name, organization’s name
(if any), and cite ‘‘AI Risk Management
Framework’’ in all correspondence.
FOR FURTHER INFORMATION CONTACT: For
questions about this RFI contact: Mark
Przybocki (mark.przybocki@nist.gov),
U.S. National Institute of Standards and
Technology, MS 20899, 100 Bureau
Drive, Gaithersburg, MD 20899,
telephone (301) 975–3347, email
AIframework@nist.gov.
Direct media inquiries to NIST’s
Office of Public Affairs at (301) 975–
2762. Users of telecommunication
devices for the deaf, or a text telephone,
may call the Federal Relay Service, toll
free at 1–800–877–8339.
Accessible Format: On request to the
contact person listed above, NIST will
make the RFI available in alternate
formats, such as Braille or large print,
upon request by persons with
disabilities.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
Genesis for Development of the AI Risk
Management Framework
Artificial intelligence (AI) is rapidly
transforming our world.
Surges in AI capabilities have led to
a wide range of innovations. These new
AI-enabled systems are benefitting many
parts of society and economy from
commerce and healthcare to
transportation and cybersecurity. At the
same time, new AI-based technologies,
products, and services bring technical
and societal challenges and risks,
including ensuring that AI comports
with ethical values. While there is no
objective standard for ethical values, as
they are grounded in the norms and
legal expectations of specific societies or
cultures, it is widely agreed that AI
must be designed, developed, used, and
evaluated in a trustworthy and
responsible manner to foster public
confidence and trust. Trust is
established by ensuring that AI systems
are cognizant of and are built to align
with core values in society, and in ways
E:\FR\FM\29JYN1.SGM
29JYN1
Agencies
[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Notices]
[Pages 40808-40810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16172]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold-Rolled Steel Flat Products 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) determines that certain
cold-rolled steel flat products (cold-rolled steel) from the Republic
of Korea were not sold in the United States at prices below normal
value during the period of review (POR), September 1, 2018, through
August 31, 2019.
DATES: Applicable July 29, 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
On January 25, 2021, Commerce published the Preliminary Results of
this administrative review.\1\ We invited interested parties to comment
on the Preliminary Results. Between February 24, and March 5, 2021,
Commerce received timely filed case briefs and rebuttal briefs from
United States Steel Corporation (U.S. Steel), additional domestic
parties,\2\ Hyundai Steel Company (Hyundai), and POSCO/POSCO
International Corporation (POSCO).\3\ On May 14, 2021, we extended the
deadline for issuing the final results until July 23, 2021.\4\
---------------------------------------------------------------------------
\1\ See Certain Cold Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2018-2019, 86 FR 6871 (January 25, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ Additional domestic parties include ArcelorMittal USA LLC,
AK Steel Corporation, and Cleveland-Cliffs Steel LLC (collectively,
domestic producers).
\3\ See POSCO's Letter, ``Cold Rolled Steel Flat Products from
the Republic of Korea: POSCO's Case Brief,'' dated February 24,
2021; see also Hyundai's Letter, ``Cold Rolled Steel Flat Products
from the Republic of Korea: Hyundai Steel's Case Brief,'' dated
February 24, 2021; U.S. Steel's Letter, ``Certain Cold-Rolled Steel
Flat Products From the Republic of Korea: Case Brief of United
States Steel Corporation,'' dated February 24, 2021; POSCO's Letter,
``Cold Rolled Steel Flat Products From the Republic of Korea:
POSCO's Rebuttal Brief,'' dated March 5, 2021; Hyundai's Letter,
``Cold Rolled Steel Flat Products From the Republic of Korea:
Hyundai Steel's Rebuttal Brief,'' dated March 5, 2021; US Steel's
and Domestic Producers' Letter, ``Cold-Rolled Steel Flat Products
From South Korea: Rebuttal Brief of United States Steel
Corporation,'' dated March 5, 2021; and U.S. Steel and Domestic
Producers' Letter, ``Cold Rolled Steel Flat Products from Korea:
Petitioners' Rebuttal Brief Concerning POSCO,'' dated March 5, 2021.
\4\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review,'' dated May 14, 2021.
---------------------------------------------------------------------------
For a complete description of the events that followed the
Preliminary Results, see the Issues and Decision Memorandum, dated
concurrently with these final results and hereby adopted by this
notice.\5\ 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 on the internet at https://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Administrative Review of the
Antidumping Duty Order on Certain Cold-Rolled Steel Flat Products
from the Republic of Korea,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
This review covers three producers and exporters of the subject
merchandise. Based on an analysis of the comments received, we made
certain changes to the margin calculations. The weighted-average
dumping margins are listed in the ``Final Results of the Review''
section of this notice. Commerce conducted this administrative review
in accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
[[Page 40809]]
Scope of the Order
The product covered by the Order \6\ is cold-rolled steel from the
Republic of Korea. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
Analysis of Comments Received
All arguments raised in the case and rebuttal briefs are listed in
the appendix to this notice and addressed in the Issues and Decision
Memorandum.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the margin calculations for Hyundai Steel Company (Hyundai)
and POSCO/POSCO International Corporation (POSCO). For a discussion of
these changes, see the ``Margin Calculations'' section of the Issues
and Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum; see also Memorandum,
``Final Determination Calculations for Hyundai,'' dated concurrently
with this notice; and Memorandum, ``Final Determination Calculations
for POSCO/PIC,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Rate for Non-Examined Company
The Act 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} .'' Section
735(c)(5)(B) of the Act also provides that, where all rates for
individually examined companies are zero, de minimis, or based entirely
on facts available, Commerce may use ``any reasonable method'' for
assigning the rate to all other respondents. The SAA states that one
such reasonable method is to weight-average the rates that are zero, de
minimis, and based entirely on facts available.\8\
---------------------------------------------------------------------------
\8\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) at
873 (1994) (SAA).
---------------------------------------------------------------------------
For these final results, we calculated weighted-average dumping
margins for Hyundai and POSCO that are zero percent, and we have
assigned this zero percent rate to the company not individually
examined in this review (i.e., KG Dongbu Steel Co., Ltd) pursuant to
section 735(c)(5)(B) of the Act.\9\
---------------------------------------------------------------------------
\9\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period September 1, 2018, through August 31,
2019:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 0.00
POSCO/POSCO International Corporation \10\.................. 0.00
KG Dongbu Steel Co., Ltd \11\............................... 0.00
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\10\ Commerce has collapsed POSCO and POSCO International
Corporation (PIC), treating these companies as a single entity.
Commerce also finds that PIC is the successor-in-interest to POSCO
Daewoo Corporation (PDW), and, as a consequence, is part of the
collapsed POSCO single entity. See Memorandum, ``Cold-Rolled Steel
Flat Products from the Republic of Korea: POSCO and POSCO
International Corporation Affiliation and Collapsing Memorandum,''
dated January 15, 2021 at 9-10.
\11\ Commerce 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 from Korea. 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), unchanged in
Certain Cold-Rolled Steel Flat Products and Certain Corrosion-
Resistant Steel Products from the Republic of Korea: Final Results
of Antidumping and Countervailing Duty Changed Circumstances
Reviews, 86 FR 10922 (February 23, 2021).
---------------------------------------------------------------------------
Commerce intends to disclose the calculations performed for these
final results within five days of the date of publication of this
notice in the Federal Register, to parties in this proceeding, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), 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 the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), where the respondent did not
report entered value, we calculated the entered value in order to
calculate the assessment rate. Where the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties. In accordance with Commerce's practice, for
entries of subject merchandise during the POR for which the reviewed
companies did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate such entries at the all-
others rate if there is no company-specific rate for the intermediate
company(ies) involved in the transaction.\12\
---------------------------------------------------------------------------
\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May
6, 2003).
---------------------------------------------------------------------------
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\13\ Consistent with its recent notice,\14\
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).
---------------------------------------------------------------------------
\13\ See section 751(a)(2)(C) of the Act.
\14\ See Notice of Discontinuation 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 cash 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 each specific
company listed above will be zero; (2) for previously investigated
companies
[[Page 40810]]
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; (3) if the exporter is not a firm covered
in this review, or the original less-than-fair-value (LTFV)
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 20.33 percent,\15\
the all-others rate established in the LTFV investigation. These
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\15\ See Order.
---------------------------------------------------------------------------
Notification to Importers
This notice 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 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 Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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
Commerce is 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)(4).
Dated: July 23, 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. Scope of the Order
IV. Changes Since the Preliminary Results
V. Rate for Non-Examined Company
VI. Discussion of the Issues
Comment 1-A: Lawfulness of Commerce's Interpretation of the
Particular Market Situation (PMS) Provision
Comment 1-B: Evidence of a PMS
Comment 1-C: Quantification of PMS Adjustment
Comment 2: Constructed Export Price (CEP) Offset for POSCO
Comment 3: Correction of Calculation Errors
Comment 4: Whether Hyundai's Cost Accounting Merits Adverse
Facts Available (AFA)
Comment 5: Assignment of an Assessment Rate to a Certain U.S.
Affiliate
VII. Recommendation
[FR Doc. 2021-16172 Filed 7-28-21; 8:45 am]
BILLING CODE 3510-DS-P