Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 42784-42787 [2021-16725]
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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Notices
ad valorem importer/customer-specific
assessment rate to determine whether
the per-unit assessment rate is de
minimis; however, Commerce will use
the per-unit assessment rate where
entered values were not reported.21
Where an importer/customer-specific ad
valorem assessment rate is not zero or
de minimis, Commerce will instruct
CBP to collect the appropriate duties at
the time of liquidation. Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer/customerspecific ad valorem assessment rate is
zero or de minimis,22 Commerce will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
For respondents not individually
examined in this administrative review
that qualified for a separate rate, the
assessment rate will be equal to the
weighted-average dumping margin
assigned to the respondent in the final
results of this review.23
Pursuant to Commerce’s refinement to
its practice, for sales that were not
reported in the U.S. sales database
submitted by a respondent individually
examined during this review, Commerce
will instruct CBP to liquidate the entry
of such merchandise at the dumping
margin assigned to the China-wide
entity.24 Additionally, where Commerce
determines that an exporter under
review had no shipments of subject
merchandise to the United States during
the POR, any suspended entries of
subject merchandise that entered under
that exporter’s CBP case number during
the POR will be liquidated at the
dumping margin assigned to the Chinawide entity.
In accordance with section
751(a)(2)(C) of the Act, 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 antidumping
duties, where applicable.
21 Id.
22 See
19 CFR 351.106(c)(2).
Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments: 2014–
2015, 81 FR 29528 (May 12, 2016), and
accompanying Preliminary Decision Memorandum
at 10–11, unchanged in Drawn Stainless Steel Sinks
from the People’s Republic of China: Final Results
of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014–2015, 81 FR
54042 (August 15, 2016).
24 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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23 See
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Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of xanthan gum from China
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) For
companies granted a separate rate in the
final results of this review, the cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review for the company (except, if the
rate is zero or de minimis, then a cash
deposit rate of zero will be required); (2)
for previously investigated or reviewed
China and non-China exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all China exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity, which is 154.07
percent; and (4) for all non-China
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to China exporter(s) that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
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 and/
or countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties.
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act and 19 CFR 351.213
and 351.221(b)(4).
Dated: July 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Sections in the Preliminary Decision
Memorandum
I. Summary
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II. Background
III. Period of Review
IV. Extension of the Preliminary Results
V. Scope of the Order
VI. Partial Rescission of Administrative
Review
VII. Preliminary Determination of No
Shipments
VIII. Selection of Respondents
IX. Application of Facts Available With
Adverse Inferences
X. Single Entity Treatment
XI. Discussion of Methodology
XII. Recommendation
[FR Doc. 2021–16727 Filed 8–4–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–878]
Certain Corrosion-Resistant Steel
Products 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 determines
that certain corrosion-resistant steel
products (CORE) from the Republic of
Korea (Korea) were sold in the United
States at less than normal value (NV)
during the period of review of July 1,
2019, through June 30, 2020.
DATES: Applicable August 5, 2021.
FOR FURTHER INFORMATION CONTACT:
Jaron Moore or Brian Smith, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3640 or (202) 482–1766,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2016, Commerce
published the antidumping duty order
on CORE from Korea.1 Commerce
initiated this administrative review on
September 3, 2020.2 This review covers
1 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
54983 (September 3, 2020) (Initiation Notice).
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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Notices
Scope of the Order
The merchandise covered by the
Order is CORE from Korea. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.7
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 at https://
enforcement.trade.gov/frn/.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act). Constructed
export price and export price were
calculated in accordance with section
772 of the Act. NV 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
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance when
nine companies,3 of which we selected
Dongkuk and Hyundai as mandatory
respondents.4
On March 18, 2021, we extended the
deadline for the preliminary results of
this review until July 30, 2021.5 For a
detailed description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.6
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 and de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, the preliminarily
estimated weighted-average dumping
margin for Dongkuk is not zero, de
minimis, or based entirely on facts
otherwise available, whereas Hyundai’s
preliminary estimated weighted-average
dumping margin is zero. Therefore,
Commerce has preliminarily assigned
Dongkuk’s margin to the non-examined
companies in this administrative review
in accordance with its practice.8
Preliminary Results
We preliminarily determine the
following weighted-average dumping
margins for the period July 1, 2019,
through June 30, 2020:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Dongkuk Steel Mill Co., Ltd .......................................................................................................................................................................
Hyundai Steel Company ............................................................................................................................................................................
KG Dongbu Steel Co., Ltd. (formerly Dongbu Steel Co., Ltd.)/Dongbu Incheon Steel Co., Ltd. 9 ...........................................................
POSCO ......................................................................................................................................................................................................
POSCO Daewoo Corporation ....................................................................................................................................................................
POSCO International Corporation (formerly POSCO Daewoo Corporation) ............................................................................................
POSCO Coated & Color Steel Co., Ltd ....................................................................................................................................................
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Assessment Rates
42785
0.59
0.00
0.59
0.59
0.59
0.59
0.59
Upon completion of the
administrative review, Commerce shall
determine, and U.S Customs and Border
Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. For any individually examined
respondent whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in
the final results of this review and the
respondent reported entered values, we
will calculate importer-specific ad
valorem assessment rates for the
merchandise based on the ratio of the
total amount of dumping calculated for
the examined sales made during the
POR to each importer and the total
entered value of those same sales, in
accordance with 19 CFR 351.212(b)(1).
If the respondent has not reported
entered values, we will calculate a perunit assessment rate for each importer
3 The nine companies are: Dongbu Incheon Steel
Co., Ltd., Dongbu Steel Co., Ltd., KG Dongbu Steel
Co., Ltd. (formerly Dongbu Steel Co., Ltd.), Dongkuk
Steel Mill Co., Ltd. (Dongkuk), Hyundai Steel
Company (Hyundai), POSCO, POSCO Coated &
Color Steel Co., Ltd., POSCO Daewoo Corporation,
and POSCO International Corporation (formerly,
POSCO Daewoo Corporation).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping duty
Administrative Review: Certain Corrosion-Resistant
Steel Products from the Republic of Korea, 2019–
2020,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Memorandum, ‘‘Certain Corrosion-Resistant
Steel Products from the Republic of Korea:
Extension of Deadline for Preliminary Results of
2019–2020 Antidumping Duty Administrative
Review,’’ dated March 18, 2021.
6 See Preliminary Decision Memorandum.
7 Id.
8 See, e.g., Certain Corrosion-Resistant Steel
Products from Taiwan: Final Results of the
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2018–2019,
86 FR 28554, 28555 (May 27, 2021).
9 In a recently completed changed circumstances
review, Commerce found that KG Dongbu Steel Co.,
Ltd. is the successor-in-interest to Dongbu Steel Co.,
Ltd. for purposes of determining antidumping cash
deposits and liabilities. See 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). Also, in the previous segment
of this proceeding, Dongbu Steel Co., Ltd. and
Dongbu Incheon Steel Co., Ltd. were collapsed and
treated as a single entity for antidumping purposes.
See Certain Corrosion-Resistant Steel Products from
the Republic of Korea: Preliminary Results and
Partial Rescission of Antidumping Duty
Administrative Review; 2018–2019, 85 FR 74987
(November 24, 2020) (unchanged in CorrosionResistant Steel Products From the Republic of
Korea: Final Results of Antidumping Duty
Administrative Review and Final Determination of
No Shipments; 2018–2019, 86 FR 28571 (May 27,
2021)). As the facts have not changed with respect
to these companies, we continue to treat them as
a single entity for purposes of this review.
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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Notices
by dividing the total amount of
dumping calculated for the examined
sales made to that importer by the total
quantity associated with those
transactions. Where an importer-specific
ad valorem assessment rate is zero or de
minimis in the final results of review,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties in accordance with
19 CFR 351.106(c)(2). If a respondent’s
weighted-average dumping margin is
zero or de minimis in the final results
of review, we will instruct CBP not to
assess duties on any of its entries in
accordance with the Final Modification
for Reviews, i.e., ‘‘{w}here the weightedaverage margin of dumping for the
exporter is determined to be zero or de
minimis, no antidumping duties will be
assessed.’’ 10
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by any of the abovereferenced respondents for which they
did not know that the merchandise was
destined for the United States, we will
instruct CBP to liquidate those entries at
the all-others rate in the original lessthan-fair-value (LTFV) investigation (as
amended) 11 if there is no rate for the
intermediate company(ies) involved in
the transaction.12
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
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Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
10 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
11 See Order; Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Notice of
Court Decision Not in Harmony with Final
Determination of Investigation and Notice of
Amended Final Results, 83 FR 39054 (August 8,
2018) (Timken and Amended Final Results).
12 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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publication, as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for each specific company
listed above will be that 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 most recent segment for the
producer of the merchandise; and (4)
the cash deposit rate for all other
producers and exporters will continue
to be 8.31 percent, the all-others rate
established in the LTFV investigation
(as amended).13 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, the content of
which is limited to issues raised in the
case briefs, may be filed no later than
seven days after the date for filing case
briefs.14 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.15 Case and
rebuttal briefs should be filed using
ACCESS 16 and must be served on
interested parties.17 Executive
summaries should be limited to five
pages total, including footnotes.
13 See
Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016), as amended by Timken and
Amended Final Results.
14 See 19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 See generally 19 CFR 351.303.
17 See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
Commerce’s electronic records system,
ACCESS, within 30 days after the date
of publication of this notice.18 Requests
should contain: (1) The party’s name,
address and telephone number; (2) the
number of participants; and (3) a list of
issues parties intend to discuss. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold a
hearing at a time and date to be
determined.19 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
All submissions to Commerce must be
filed using ACCESS 20 and must be
served on interested parties.21 An
electronically filed document must be
received successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time on
the date that the document is due.
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.22
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
this deadline is extended.23
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
18 See
19 CFR 351.310(c).
19 CFR 351.310(d).
20 See 19 CFR 351.303.
21 See 19 CFR 351.303(f).
22 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
23 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
19 See
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751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: July 30, 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. Export Price and Constructed Export
Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021–16725 Filed 8–4–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Interim Procedures for
Considering Requests Under the
Commercial Availability Provision of
the United States-Colombia Trade
Promotion Agreement (U.S.-Colombia
TPA)
International Trade
Administration, Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before October 4, 2021.
ADDRESSES: Interested persons are
invited to submit written comments to
Ms. Laurie Mease, International Trade
Specialist, International Trade
Administration, Office of Textiles and
Apparel (OTEXA), by email to OTEXA_
Colombia@trade.gov, or
PRAcomments@doc.gov. Please
reference OMB Control Number 0625–
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SUMMARY:
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0272 in the subject line of your
comments. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Ms.
Laurie Mease, International Trade
Specialist, International Trade
Administration, Office of Textiles and
Apparel (OTEXA), (202) 482–2043 or by
email to Laurie.Mease@trade.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
Title II, Section 203(o) of the United
States-Colombia Trade Promotion
Agreement Implementation Act (the
‘‘Act’’) [Pub. L. 112–42] implements the
commercial availability provision
provided for in Article 3.3 of the United
States-Colombia Trade Promotion
Agreement (the ‘‘Agreement’’). The
Agreement entered into force on May
15, 2012. Subject to the rules of origin
in Annex 4.1 of the Agreement,
pursuant to the textile provisions of the
Agreement, fabric, yarn, and fiber
produced in Colombia or the United
States and traded between the two
countries are entitled to duty-free tariff
treatment. Annex 3–B of the Agreement
also lists specific fabrics, yarns, and
fibers that the two countries agreed are
not available in commercial quantities
in a timely manner from producers in
Colombia or the United States. The
fabrics listed are commercially
unavailable fabrics, yarns, and fibers,
which are also entitled to duty-free
treatment despite not being produced in
Colombia or the United States.
The list of commercially unavailable
fabrics, yarns, and fibers may be
changed pursuant to the commercial
availability provision in Chapter 3,
Article 3.3, Paragraphs 5–7 of the
Agreement. Under this provision,
interested entities from Colombia or the
United States have the right to request
that a specific fabric, yarn, or fiber be
added to, or removed from, the list of
commercially unavailable fabrics, yarns,
and fibers in Annex 3–B of the
Agreement.
Chapter 3, Article 3.3, paragraph 7 of
the Agreement requires that the
President ‘‘promptly’’ publish
procedures for parties to exercise the
right to make these requests. Section
203(o)(4) of the Act authorizes the
President to establish procedures to
modify the list of fabrics, yarns, or fibers
not available in commercial quantities
in a timely manner in either the United
States or Colombia as set out in Annex
3–B of the Agreement. The President
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42787
delegated the responsibility for
publishing the procedures and
administering commercial availability
requests to the Committee for the
Implementation of Textile Agreements
(‘‘CITA’’), which issues procedures and
acts on requests through the U.S.
Department of Commerce, Office of
Textiles and Apparel (‘‘OTEXA’’) (See
Proclamation No. 8818, 77 FR 29519,
May 18, 2012).
The intent of the U.S.-Colombia TPA
Commercial Availability Procedures is
to foster the use of U.S. and regional
products by implementing procedures
that allow products to be placed on or
removed from a product list, on a timely
basis, and in a manner that is consistent
with normal business practice. The
procedures are intended to facilitate the
transmission of requests; allow the
market to indicate the availability of the
supply of products that are the subject
of requests; make available promptly, to
interested entities and the public,
information regarding the requests for
products and offers received for those
products; ensure wide participation by
interested entities and parties; allow for
careful review and consideration of
information provided to substantiate
requests, responses and rebuttals; and
provide timely public dissemination of
information used by CITA in making
commercial availability determinations.
CITA must collect certain information
about fabric, yarn, or fiber technical
specifications and the production
capabilities of Colombian and U.S.
textile producers to determine whether
certain fabrics, yarns, or fibers are
available in commercial quantities in a
timely manner in the United States or
Colombia, subject to Section 203(o) of
the Act.
II. Method of Collection
Participants in a commercial
availability proceeding must submit
public versions of their Requests,
Responses or Rebuttals electronically
(via email) for posting on OTEXA’s
website. Confidential versions of those
submissions which contain business
confidential information must be
delivered in hard copy to the Office of
Textiles and Apparel (OTEXA) at the
U.S. Department of Commerce.
III. Data
OMB Control Number: 0625–0272.
Form Number(s): None.
Type of Review: Regular submission.
Affected Public: Business or for-profit
organizations.
Estimated Number of Respondents:
16.
E:\FR\FM\05AUN1.SGM
05AUN1
]]>Agencies
[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Pages 42784-42787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16725]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel Products 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 determines
that certain corrosion-resistant steel products (CORE) from the
Republic of Korea (Korea) were sold in the United States at less than
normal value (NV) during the period of review of July 1, 2019, through
June 30, 2020.
DATES: Applicable August 5, 2021.
FOR FURTHER INFORMATION CONTACT: Jaron Moore or Brian Smith, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3640 or (202)
482-1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2016, Commerce published the antidumping duty order
on CORE from Korea.\1\ Commerce initiated this administrative review on
September 3, 2020.\2\ This review covers
[[Page 42785]]
nine companies,\3\ of which we selected Dongkuk and Hyundai as
mandatory respondents.\4\
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\1\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation
Notice).
\3\ The nine companies are: Dongbu Incheon Steel Co., Ltd.,
Dongbu Steel Co., Ltd., KG Dongbu Steel Co., Ltd. (formerly Dongbu
Steel Co., Ltd.), Dongkuk Steel Mill Co., Ltd. (Dongkuk), Hyundai
Steel Company (Hyundai), POSCO, POSCO Coated & Color Steel Co.,
Ltd., POSCO Daewoo Corporation, and POSCO International Corporation
(formerly, POSCO Daewoo Corporation).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping duty Administrative Review: Certain
Corrosion-Resistant Steel Products from the Republic of Korea, 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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On March 18, 2021, we extended the deadline for the preliminary
results of this review until July 30, 2021.\5\ For a detailed
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\6\
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\5\ See Memorandum, ``Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of 2019-2020 Antidumping Duty Administrative Review,'' dated
March 18, 2021.
\6\ See Preliminary Decision Memorandum.
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Scope of the Order
The merchandise covered by the Order is CORE from Korea. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\7\
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\7\ Id.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
Constructed export price and export price were calculated in accordance
with section 772 of the Act. NV 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 at https://enforcement.trade.gov/frn/. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an appendix to this
notice.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, the preliminarily estimated weighted-average
dumping margin for Dongkuk is not zero, de minimis, or based entirely
on facts otherwise available, whereas Hyundai's preliminary estimated
weighted-average dumping margin is zero. Therefore, Commerce has
preliminarily assigned Dongkuk's margin to the non-examined companies
in this administrative review in accordance with its practice.\8\
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\8\ See, e.g., Certain Corrosion-Resistant Steel Products from
Taiwan: Final Results of the Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2018-2019, 86 FR 28554,
28555 (May 27, 2021).
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Preliminary Results
We preliminarily determine the following weighted-average dumping
margins for the period July 1, 2019, through June 30, 2020:
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\9\ In a recently completed changed circumstances review,
Commerce found that KG Dongbu Steel Co., Ltd. is the successor-in-
interest to Dongbu Steel Co., Ltd. for purposes of determining
antidumping cash deposits and liabilities. See 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). Also, in the previous segment of this
proceeding, Dongbu Steel Co., Ltd. and Dongbu Incheon Steel Co.,
Ltd. were collapsed and treated as a single entity for antidumping
purposes. See Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review; 2018-2019, 85 FR 74987
(November 24, 2020) (unchanged in Corrosion-Resistant Steel Products
From the Republic of Korea: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2018-
2019, 86 FR 28571 (May 27, 2021)). As the facts have not changed
with respect to these companies, we continue to treat them as a
single entity for purposes of this review.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd................................. 0.59
Hyundai Steel Company....................................... 0.00
KG Dongbu Steel Co., Ltd. (formerly Dongbu Steel Co., Ltd.)/ 0.59
Dongbu Incheon Steel Co., Ltd. \9\.........................
POSCO....................................................... 0.59
POSCO Daewoo Corporation.................................... 0.59
POSCO International Corporation (formerly POSCO Daewoo 0.59
Corporation)...............................................
POSCO Coated & Color Steel Co., Ltd......................... 0.59
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. For any individually
examined respondent whose weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.5 percent) in the final results of
this review and the respondent reported entered values, we will
calculate importer-specific ad valorem assessment rates for the
merchandise based on the ratio of the total amount of dumping
calculated for the examined sales made during the POR to each importer
and the total entered value of those same sales, in accordance with 19
CFR 351.212(b)(1). If the respondent has not reported entered values,
we will calculate a per-unit assessment rate for each importer
[[Page 42786]]
by dividing the total amount of dumping calculated for the examined
sales made to that importer by the total quantity associated with those
transactions. Where an importer-specific ad valorem assessment rate is
zero or de minimis in the final results of review, we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties in accordance with 19 CFR 351.106(c)(2). If a respondent's
weighted-average dumping margin is zero or de minimis in the final
results of review, we will instruct CBP not to assess duties on any of
its entries in accordance with the Final Modification for Reviews,
i.e., ``{w{time} here the weighted-average margin of dumping for the
exporter is determined to be zero or de minimis, no antidumping duties
will be assessed.'' \10\
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\10\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by any of
the above-referenced respondents for which they did not know that the
merchandise was destined for the United States, we will instruct CBP to
liquidate those entries at the all-others rate in the original less-
than-fair-value (LTFV) investigation (as amended) \11\ if there is no
rate for the intermediate company(ies) involved in the transaction.\12\
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\11\ See Order; Certain Corrosion-Resistant Steel Products from
the Republic of Korea: Notice of Court Decision Not in Harmony with
Final Determination of Investigation and Notice of Amended Final
Results, 83 FR 39054 (August 8, 2018) (Timken and Amended Final
Results).
\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for each specific company listed above will be that
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 most recent segment for the producer of the merchandise; and
(4) the cash deposit rate for all other producers and exporters will
continue to be 8.31 percent, the all-others rate established in the
LTFV investigation (as amended).\13\ These deposit requirements, when
imposed, shall remain in effect until further notice.
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\13\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016), as amended by Timken and Amended Final Results.
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, the content of which is limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\14\ 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.\15\ Case and rebuttal
briefs should be filed using ACCESS \16\ and must be served on
interested parties.\17\ Executive summaries should be limited to five
pages total, including footnotes.
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\14\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS, within 30 days after the
date of publication of this notice.\18\ Requests should contain: (1)
The party's name, address and telephone number; (2) the number of
participants; and (3) a list of issues parties intend to discuss.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs. If a request for a hearing is
made, Commerce intends to hold a hearing at a time and date to be
determined.\19\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310(d).
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All submissions to Commerce must be filed using ACCESS \20\ and
must be served on interested parties.\21\ An electronically filed
document must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time on the
date that the document is due. Commerce has modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\22\
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\20\ See 19 CFR 351.303.
\21\ See 19 CFR 351.303(f).
\22\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless this deadline is extended.\23\
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\23\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections
[[Page 42787]]
751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: July 30, 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. Export Price and Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-16725 Filed 8-4-21; 8:45 am]
BILLING CODE 3510-DS-P
