Carbon and Alloy Steel Wire Rod From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 41951-41953 [2021-16622]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Countervailing Duty Order
As noted above, on July 26, 2021, in
accordance with section 705(d) of the
Act, the ITC notified Commerce of its
final determination in this investigation,
in which it found that an industry in the
United States is materially injured by
reason of subsidized imports of wind
towers from Malaysia.3 Therefore, in
accordance with section 705(c)(2) of the
Act, Commerce is issuing this
countervailing duty order. Because the
ITC determined that imports of wind
towers from Malaysia are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from
Malaysia, entered or withdrawn from
warehouse for consumption, are subject
to the assessment of countervailing
duties.
In accordance with section 706(a) of
the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
assess, upon further instruction by
Commerce, countervailing duties for all
relevant entries of wind towers from
Malaysia. With the exception of entries
occurring after the expiration of the
provisional measures period and before
the publication of the ITC’s final
affirmative injury determination, as
further described below, countervailing
duties will be assessed on unliquidated
entries of wind towers from Malaysia
entered, or withdrawn from warehouse,
for consumption on or after March 25,
2021, the date of publication of the
Preliminary Determination.4
Suspension of Liquidation and Cash
Deposits
In accordance with section 706 of the
Act, Commerce will instruct CBP to
reinstitute the suspension of liquidation
of wind towers from Malaysia, as
described in the appendix to this notice,
effective on the date of publication of
the ITC’s final affirmative injury
determination in the Federal Register,
and to assess, upon further instruction
by Commerce, pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of the subject
merchandise in an amount based on the
net countervailable subsidy rates below.
On or after the date of publication of the
ITC’s final injury determination in the
Federal Register, CBP must require, at
the same time as importers would
deposit estimated normal customs
duties on this merchandise, a cash
deposit equal to the rates listed in the
table below. The all-others rate applies
3 Id.
4 See Utility Scale Wind Towers from Malaysia:
Preliminary Affirmative Countervailing Duty
Determination, 86 FR 15887 (March 25, 2021)
(Preliminary Determination).
VerDate Sep<11>2014
16:45 Aug 03, 2021
Jkt 253001
to all producers or exporters not
specifically listed, as appropriate.
Subsidy rate
(percent)
Company
CS Wind Malaysia Sdn Bhd
All Others ..............................
6.42
6.42
Provisional Measures
Section 703(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months. In the underlying
investigation, Commerce published the
Preliminary Determination on March 25,
2021. Therefore, the four-month period
beginning on the date of the publication
of the Preliminary Determination ended
on July 22, 2021.
In accordance with section 703(d) of
the Act, we will instruct CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
countervailing duties, unliquidated
entries of wind towers from Malaysia
entered, or withdrawn from warehouse,
for consumption after July 22, 2021, the
final day on which the provisional
measures were in effect, until and
through the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.
Suspension of liquidation will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
Notification to Interested Parties
This notice constitutes the
countervailing duty order with respect
to wind towers from Malaysia pursuant
to section 706(a) of the Act. Interested
parties can find a list of countervailing
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order is issued and published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: July 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order
consists of certain wind towers, whether or
not tapered, and sections thereof. Certain
wind towers support the nacelle and rotor
blades in a wind turbine with a minimum
rated electrical power generation capacity in
excess of 100 kilowatts and with a minimum
height of 50 meters measured from the base
of the tower to the bottom of the nacelle (i.e.,
where the top of the tower and nacelle are
joined) when fully assembled.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
41951
A wind tower section consists of, at a
minimum, multiple steel plates rolled into
cylindrical or conical shapes and welded
together (or otherwise attached) to form a
steel shell, regardless of coating, end-finish,
painting, treatment, or method of
manufacture, and with or without flanges,
doors, or internal or external components
(e.g., flooring/decking, ladders, lifts,
electrical buss boxes, electrical cabling,
conduit, cable harness for nacelle generator,
interior lighting, tool and storage lockers)
attached to the wind tower section. Several
wind tower sections are normally required to
form a completed wind tower.
Wind towers and sections thereof are
included within the scope whether or not
they are joined with nonsubject merchandise,
such as nacelles or rotor blades, and whether
or not they have internal or external
components attached to the subject
merchandise.
Specifically excluded from the scope are
nacelles and rotor blades, regardless of
whether they are attached to the wind tower.
Also excluded are any internal or external
components which are not attached to the
wind towers or sections thereof, unless those
components are shipped with the tower
sections.
Merchandise covered by this order is
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheading 7308.20.0020 or 8502.31.0000.
Wind towers of iron or steel are classified
under HTSUS 7308.20.0020 when imported
separately as a tower or tower section(s).
Wind towers may be classified under HTSUS
8502.31.0000 when imported as combination
goods with a wind turbine (i.e.,
accompanying nacelles and/or rotor blades).
While the HTSUS subheadings are provided
for convenience and customs purposes, the
written description of the scope of this order
is dispositive.
[FR Doc. 2021–16621 Filed 8–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–891]
Carbon and Alloy Steel Wire Rod From
the Republic of Korea: Preliminary
Results of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
POSCO, a producer and exporter of
carbon and alloy steel wire rod (wire
rod) from the Republic of Korea (Korea),
sold subject merchandise in the United
States at prices below normal value
during the period of review (POR) May
1, 2019, through April 30, 2020. We
invite all interested parties to comment
on these preliminary results.
AGENCY:
E:\FR\FM\04AUN1.SGM
04AUN1
41952
DATES:
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
Applicable August 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2316.
SUPPLEMENTARY INFORMATION:
Background
lotter on DSK11XQN23PROD with NOTICES1
On May 21, 2018, Commerce
published in the Federal Register the
Order.1 On April 8, 2019, Commerce
revoked, in part, the Order with respect
to grade 1078 and higher tire cord
quality wire rod used in the production
of tire cord wire.2 On June 13, 2019,
Commerce revoked, in part, the Order
with respect to valve spring quality
(VSQ) wire rod.3
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(B) of Tariff Act of
1930, as amended (the Act).4 On July 10,
2020, in accordance with 19 CFR
351.221(c)(1)(i), we initiated this review
covering POSCO, the sole producer and
exporter for which a review was
requested.5
On July 21, 2020, Commerce tolled all
preliminary and final results in
administrative reviews by 60 days.6 On
March 11, 2021 and June 17, 2021, we
1 See Carbon and Alloy Steel Wire Rod from Italy,
the Republic of Korea, Spain, the Republic of
Turkey, and the United Kingdom: Antidumping
Duty Orders and Amended Final Affirmative
Antidumping Duty Determinations for Spain and
the Republic of Turkey, 83 FR 23417 (May 21, 2018)
(Order).
2 See Carbon and Alloy Steel Wire Rod from the
Republic of Korea and the United Kingdom: Notice
of Final Results of Antidumping Duty Changed
Circumstances Review, 84 FR 13888 (April 8, 2019).
3 See Carbon and Alloy Steel Wire Rod from the
Republic of Korea: Final Results of Antidumping
Duty Changed Circumstances Review, 84 FR 27582
(June 13, 2019).
4 See Carbon and Alloy Steel Wire Rod from Italy,
the Republic of Korea, Spain, the Republic of
Turkey, and the United Kingdom: Antidumping
Duty Orders and Amended Final Affirmative
Antidumping Duty Determinations for Spain and
the Republic of Turkey, 83 FR 23417 (May 21, 2018)
(Order); see also Carbon and Alloy Steel Wire Rod
from the Republic of Korea and the United
Kingdom: Notice of Final Results of Antidumping
Duty Changed Circumstances Review, 84 FR 13888
(April 8, 2019); and Carbon and Alloy Steel Wire
Rod from the Republic of Korea: Final Results of
Antidumping Duty Changed Circumstances Review,
84 FR 27582 (June 13, 2019).
5 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
41540 (July 10, 2020).
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020 (the
deadline for the final results was actually tolled by
57 days because the tolling started three day before
the publication date of the Preliminary Results).
VerDate Sep<11>2014
16:45 Aug 03, 2021
Jkt 253001
extended the deadline for issuing the
preliminary results until July 30, 2021.7
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.8
Scope of the Order
The scope of the Order includes
certain hot-rolled products of carbon
steel and alloy steel, in coils, of
approximately round cross section, less
than 19.00 mm in actual solid crosssectional diameter. Excluded from the
scope are grade 1078 and higher tire
cord quality wire rod to be used in the
production of tire cord wire. Also,
excluded from the scope are valve
spring quality (VSQ) steel products
which is defined as wire rod. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.9
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Constructed export prices are
calculated in accordance with section
772 of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically 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/.
Preliminary Results
We preliminarily determine the
following weighted-average dumping
margin for the period May 1, 2019,
through April 30, 2020:
7 See Memorandum, ‘‘Carbon and Alloy Steel
Wire Rod from the Republic of Korea—Extension of
Deadline for Preliminary Results,’’ dated March 11,
2021; see also Memorandum, ‘‘Carbon and Alloy
Steel Wire Rod from the Republic of Korea—
Extension of Deadline for the Preliminary Results,’’
dated June 17, 2021.
8 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Carbon and Alloy Steel
Wire Rod from the Republic of Korea; 2017–2019,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
9 Id.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Exporter and producer
Weightedaverage
dumping
margin
(percent)
POSCO .......................................
7.51
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.10 The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable.11 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).
Pursuant to 19 CFR 351.212(b)(1),
where an examined respondent’s
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent), we will calculate an importerspecific ad valorem duty assessment
rate based on the ratio of the total
amount of dumping calculated for the
U.S. sales for a given importer to the
total entered value of those sales. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
For entries of subject merchandise
during the POR produced by POSCO for
which it did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate such unreviewed entries
pursuant to the reseller policy,12 i.e., the
assessment rate for such entries will be
equal to the all-others rate established in
the investigation (i.e., 41.10 percent), if
there is no rate for the intermediate
company(ies) involved in the
transaction.
10 See
19 CFR 351.212(b).
section 751(a)(2)(C) of the Act.
12 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
11 See
E:\FR\FM\04AUN1.SGM
04AUN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
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 POSCO will be
equal to POSCO’s weighted-average
dumping margin established in the final
results of this review, except if the rate
is less than 0.50 percent, and therefore
de minimis within the meaning of 19
CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the
underlying investigation, but the
producer is, then the cash deposit rate
will be the rate established for the
completed segment for the most recent
POR for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 41.10 percent, the
all-others rate established in the
underlying investigation.13 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
parties.17 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.18
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically-filed request
for a hearing must be received
successfully in its entirety by ACCESS
by 5 p.m. Eastern Time within 30 days
after the date of publication of this
notice.19 Hearing requests should
contain: (1) The party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of issues to
be discussed. Issues raised in the
hearing will be limited to issues raised
in the briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a date and time to be
determined.20
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.14
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than seven days after the time limit for
filing case briefs.15 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.16 Executive summaries
should be limited to five pages total,
including footnotes. Case and rebuttal
briefs should be filed using ACCESS
and must be served on interested
Notification to Importers
13 See
Order, 81 FR at 23419.
19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
15 See 19 CFR 351.309(d)(1).
16 See 19 CFR 351.309(c)(2) and (d)(2).
14 See
VerDate Sep<11>2014
16:45 Aug 03, 2021
Jkt 253001
Final Results of Review
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the publication
of these preliminary results in the
Federal Register pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1), unless otherwise
extended.21
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
17 See
19 CFR 351.303.
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
19 See 19 CFR 351.310(c); see also 19 CFR
351.303(b)(1).
20 See 19 CFR 351.310(c).
21 See section 751(a)(3)(A) of the Act.
18 See
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
41953
Dated: July 29, 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. Scope of the Order
IV. Comparisons to Normal Value
V. Date of Sale
VI. Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021–16622 Filed 8–3–21; 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: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the producers/exporters subject to
this administrative review made sales of
subject merchandise at less than normal
value (NV) during the period of review
(POR) May 1, 2019, through April 30,
2020. Additionally, Commerce
preliminarily determines that a
company for which we initiated a
review had no shipments during the
POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 4, 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.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2020, based on timely
requests for review in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the
antidumping duty order on certain
carbon and alloy steel cut-to-length
E:\FR\FM\04AUN1.SGM
04AUN1
]]>Agencies
[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41951-41953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16622]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-891]
Carbon and Alloy Steel Wire Rod From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
POSCO, a producer and exporter of carbon and alloy steel wire rod (wire
rod) from the Republic of Korea (Korea), sold subject merchandise in
the United States at prices below normal value during the period of
review (POR) May 1, 2019, through April 30, 2020. We invite all
interested parties to comment on these preliminary results.
[[Page 41952]]
DATES: Applicable August 4, 2021.
FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2316.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2018, Commerce published in the Federal Register the
Order.\1\ On April 8, 2019, Commerce revoked, in part, the Order with
respect to grade 1078 and higher tire cord quality wire rod used in the
production of tire cord wire.\2\ On June 13, 2019, Commerce revoked, in
part, the Order with respect to valve spring quality (VSQ) wire rod.\3\
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic
of Korea, Spain, the Republic of Turkey, and the United Kingdom:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Duty Determinations for Spain and the Republic of Turkey, 83 FR
23417 (May 21, 2018) (Order).
\2\ See Carbon and Alloy Steel Wire Rod from the Republic of
Korea and the United Kingdom: Notice of Final Results of Antidumping
Duty Changed Circumstances Review, 84 FR 13888 (April 8, 2019).
\3\ See Carbon and Alloy Steel Wire Rod from the Republic of
Korea: Final Results of Antidumping Duty Changed Circumstances
Review, 84 FR 27582 (June 13, 2019).
---------------------------------------------------------------------------
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of Tariff Act of 1930, as amended (the
Act).\4\ On July 10, 2020, in accordance with 19 CFR 351.221(c)(1)(i),
we initiated this review covering POSCO, the sole producer and exporter
for which a review was requested.\5\
---------------------------------------------------------------------------
\4\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic
of Korea, Spain, the Republic of Turkey, and the United Kingdom:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Duty Determinations for Spain and the Republic of Turkey, 83 FR
23417 (May 21, 2018) (Order); see also Carbon and Alloy Steel Wire
Rod from the Republic of Korea and the United Kingdom: Notice of
Final Results of Antidumping Duty Changed Circumstances Review, 84
FR 13888 (April 8, 2019); and Carbon and Alloy Steel Wire Rod from
the Republic of Korea: Final Results of Antidumping Duty Changed
Circumstances Review, 84 FR 27582 (June 13, 2019).
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 41540 (July 10, 2020).
---------------------------------------------------------------------------
On July 21, 2020, Commerce tolled all preliminary and final results
in administrative reviews by 60 days.\6\ On March 11, 2021 and June 17,
2021, we extended the deadline for issuing the preliminary results
until July 30, 2021.\7\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020
(the deadline for the final results was actually tolled by 57 days
because the tolling started three day before the publication date of
the Preliminary Results).
\7\ See Memorandum, ``Carbon and Alloy Steel Wire Rod from the
Republic of Korea--Extension of Deadline for Preliminary Results,''
dated March 11, 2021; see also Memorandum, ``Carbon and Alloy Steel
Wire Rod from the Republic of Korea--Extension of Deadline for the
Preliminary Results,'' dated June 17, 2021.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Carbon and Alloy
Steel Wire Rod from the Republic of Korea; 2017-2019,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The scope of the Order includes certain hot-rolled products of
carbon steel and alloy steel, in coils, of approximately round cross
section, less than 19.00 mm in actual solid cross-sectional diameter.
Excluded from the scope are grade 1078 and higher tire cord quality
wire rod to be used in the production of tire cord wire. Also, excluded
from the scope are valve spring quality (VSQ) steel products which is
defined as wire rod. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.\9\
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Constructed export prices are calculated in
accordance with section 772 of the Act. Normal value is calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum. A list of topics discussed in the Preliminary Decision
Memorandum is attached as an appendix to this notice.
The Preliminary Decision Memorandum is a public document and is on
file electronically 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/.
Preliminary Results
We preliminarily determine the following weighted-average dumping
margin for the period May 1, 2019, through April 30, 2020:
------------------------------------------------------------------------
Weighted-
average
Exporter and producer dumping
margin
(percent)
------------------------------------------------------------------------
POSCO...................................................... 7.51
------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\10\ The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review and
for future deposits of estimated duties, where applicable.\11\ 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).
---------------------------------------------------------------------------
\10\ See 19 CFR 351.212(b).
\11\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent), we will calculate an importer-specific ad valorem
duty assessment rate based on the ratio of the total amount of dumping
calculated for the U.S. sales for a given importer to the total entered
value of those sales. Where either 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 assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise during the POR produced by POSCO
for which it did not know that its merchandise was destined for the
United States, we will instruct CBP to liquidate such unreviewed
entries pursuant to the reseller policy,\12\ i.e., the assessment rate
for such entries will be equal to the all-others rate established in
the investigation (i.e., 41.10 percent), if there is no rate for the
intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------
\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
[[Page 41953]]
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 POSCO will be
equal to POSCO's weighted-average dumping margin established in the
final results of this review, except if the rate is less than 0.50
percent, and therefore de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously investigated companies not participating in this review,
the cash deposit will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, or the underlying investigation, but the
producer is, then the cash deposit rate will be the rate established
for the completed segment for the most recent POR for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 41.10 percent, the all-others rate
established in the underlying investigation.\13\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\13\ See Order, 81 FR at 23419.
---------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\14\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the time limit for filing case briefs.\15\
Parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\16\ Executive summaries should be limited to five pages
total, including footnotes. Case and rebuttal briefs should be filed
using ACCESS and must be served on interested parties.\17\ Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\18\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\15\ See 19 CFR 351.309(d)(1).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ See 19 CFR 351.303.
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed request for a hearing must be received
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30
days after the date of publication of this notice.\19\ Hearing requests
should contain: (1) The party's name, address, and telephone number;
(2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\20\
---------------------------------------------------------------------------
\19\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
\20\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Final Results of Review
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), unless otherwise
extended.\21\
---------------------------------------------------------------------------
\21\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: July 29, 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. Scope of the Order
IV. Comparisons to Normal Value
V. Date of Sale
VI. Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-16622 Filed 8-3-21; 8:45 am]
BILLING CODE 3510-DS-P
