Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 55584-55586 [2021-21790]
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55584
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices
continue to be the company-specific
cash deposit rate published for the most
recently completed segment; (3) if the
exporter is not a firm covered in this
review, or a previous segment, but the
producer is, then the cash deposit rate
will be the cash deposit rate established
for the most recently completed segment
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 3.24 percent, the all-others rate
established in the less-than-fair-value
investigation.18 These deposit
requirements, when imposed, shall
remain in effect until further notice.
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
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.
Dated: September 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021–21852 Filed 10–5–21; 8:45 am]
jspears on DSK121TN23PROD with NOTICES1
BILLING CODE 3510–DS–P
18 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,
Mexico, and the Republic of Turkey: Antidumping
Duty Orders, 81 FR 62865, 62866 (September 13,
2016).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–881]
Certain Cold-Rolled Steel Flat 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 finds that
certain cold-rolled steel flat products
(cold-rolled steel) from the Republic of
Korea were not sold in the United States
at less than normal value during the
period of review (POR), September 1,
2019, through August 31, 2020.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable October 6, 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
Commerce initiated this review on
October 30, 2020.1 We selected two
mandatory respondents in this review,
Hyundai Steel Company (Hyundai) and
POSCO International Corporation
(PIC).2
For a more detailed description of the
events that followed the initiation of
this review, see the Preliminary
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
68840 (October 30, 2020).
2 See Memorandum, ‘‘2019–2020 Administrative
Review of Cold-Rolled Steel Flat Products from the
Republic of Korea: Respondent Selection,’’ dated
December 15, 2020. Consistent with the CRS from
Korea 2018–19 Final Results, Commerce has
collapsed POSCO and PIC, treating these companies
as a single entity. In the CRS from Korea 2018–19
Final Results, Commerce determined 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 Certain
Cold-Rolled Steel Flat Products from the Republic
of Korea: Final Results of Antidumping Duty
Administrative Review; 2018–2019, 86 FR 40808
(July 29, 2021) (CRS from Korea 2018–19 Final
Results), and accompanying Issues and Decision
Memorandum. POSCO submitted its questionnaire
responses in this review on behalf of the collapsed
entity, and PIC was initially selected by Commerce
for individual examination. We continue to refer to
the collapsed entity as ‘‘POSCO/PIC’’ hereafter.
PO 00000
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Fmt 4703
Sfmt 4703
Decision Memorandum, dated
concurrently with these results and
hereby adopted by this notice.3 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/. A list of topics discussed in the
Preliminary Decision Memorandum is
attached as Appendix I to this notice.
Scope of the Order
The product covered by the Order 4 is
cold-rolled steel from Korea. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(2) of
the Tariff Act of 1930, as amended (the
Act). For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Rate for Non-Examined Companies
For the companies that were not
selected for individual review, we
assigned a rate based on the rates for the
respondents that were selected for
individual examination.5 Consistent
with the U.S. Court of Appeals for the
Federal Circuit’s decision in Albemarle,
we are applying to the 38 companies not
selected for individual examination a
rate of zero percent, because we
calculated rates of zero for both
mandatory respondents, Hyundai and
POSCO/PIC.6 These are the only rates
determined in this review for
individually examined respondents and,
thus, we are applying this rate to the 38
firms not selected for individual
examination under section 735(c)(5)(B)
of the Act.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Certain Cold Rolled Steel
Flat Products from the Republic of Korea; 2019–
2020,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 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).
5 See section 735(c)(5)(A) of the Act.
6 See Albemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. 2016) (Albemarle).
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Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices
Preliminary Results of Review
Commerce preliminarily determines
that the following weighted-average
dumping margins exist for the period
September 1, 2019, through August 31,
2020:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
Hyundai Steel Company .............
POSCO/POSCO International
Corporation .............................
Non-Examined Companies 7 ......
0.00
0.00
0.00
Disclosure and Public Comment
jspears on DSK121TN23PROD with NOTICES1
Commerce intends to disclose the
calculations performed for these
preliminary results within five days of
the date of publication of this notice, in
accordance with 19 CFR 351.224(b).
Interested parties may comment by
submitting case briefs no later than 30
days after the date of publication of this
notice.8 Rebuttal briefs, the content of
which is limited to issues raised in the
case briefs, must be filed within seven
days from the deadline date for the
submission of case briefs.9
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.10 Case and
rebuttal briefs should be filed using
ACCESS 11 and must be served on
interested parties.12 Executive
summaries should be limited to five
pages total, including footnotes.
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 within 30 days of the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; (3)
whether any participant is a foreign
national; and (4) 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 the hearing
7 See Appendix II for a full list of these
companies.
8 See 19 CFR 351.309(c)(1)(ii).
9 See 19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See generally 19 CFR 351.303.
12 See 19 CFR 351.303(f).
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20:38 Oct 05, 2021
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at a date and time to be determined.13
Parties should confirm the date, time,
and location of the hearing two days
before the scheduled date.
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
extended.14
Assessment Rates
Upon issuing the final results,
Commerce shall determine, and
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries.15 If the weightedaverage dumping margin for an
individually examined respondent is
not zero or de minimis (i.e., less than
0.50 percent) in the final results of this
review, we will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for each importer’s examined
sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1).16 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis (i.e., 0.50 percent). For any
individually examined respondent
whose weighted-average dumping
margin is zero or de minimis in the final
results of review, or if an importerspecific assessment rate is zero or de
minimis, Commerce will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.17
In accordance with Commerce’s
‘‘automatic assessment’’ practice,18 for
entries of subject merchandise during
the POR produced by Hyundai and
POSCO/PIC for which the producer did
not know its merchandise was destined
for the United States, we will instruct
CBP to liquidate unreviewed entries at
the all-others rate of 20.33 percent
established in the LTFV investigation.19
13 See
19 CFR 351.310(d).
section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
15 See 19 CFR 351.212(b)(1).
16 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
17 Id., 77 FR at 8102–3; see also 19 CFR
351.106(c)(2).
18 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
19 See Order.
14 See
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55585
For the 38 companies which were not
selected for individual examination,20
we intend to assign an assessment rate
based on the cash deposit rate
calculated for the companies selected
for mandatory review (i.e., Hyundai and
POSCO/PIC).21 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.22
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 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 Hyundai, POSCO/PIC,
and other companies listed in the final
results of review will be equal to the
weighted-average dumping margin
established in the final results of this
administrative review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
investigation but the producer is, then
the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 20.33 percent,23 the all-others rate
established in the less-than-fair-value
investigation. These cash deposit
20 See
Appendix II.
section 735(c)(5)(A) of the Act; see also
Preliminary Decision Memorandum at Section IV,
‘‘Rate for Non-Examined Companies.
22 See section 751(a)(2)(C) of the Act.
23 See Order.
21 See
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55586
Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a 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
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
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).
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB470]
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Appendix I
ACTION:
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Examined Companies
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
SUMMARY:
List of Companies Not Individually
Examined
1. AJU Steel Co., Ltd.
2. Ameri-Source Korea
3. Dai Yang Metal Co., Ltd.
4. DCM Corporation
5. DK GNS Co., Ltd.
6. Dongbu Incheon Steel Co., Ltd
7. Dongbu Steel Co., Ltd.
8. Dongkuk Industries Co., Ltd.
9. Dongkuk Steel Mill Co., Ltd.
10. GS Global Corporation
11. Hanawell Co., Ltd.
12. Hankum Co., Ltd.
13. Hwashin Co. Ltd.
14. Hyosung TNC Corporation
15. Hyundai Corporation
16. JMP Co., Ltd.
17. KG Dongbu Steel Co., Ltd.
18. Korinox Co., Ltd.
19. Mikwang Precision Manufacture Co., Ltd.
20. Okaya Korea Co., Ltd.
21. POSCO Coated and Colored Steel Co.,
Ltd.
22. Samhwan Steel Co., Ltd.
23. Samsung C & T Corporation
24. Samsung Electronics Co., Ltd.
25. Samsung STS Co., Ltd.
26. SeAH Changwon Integrated Special Steel
Corporation
27. SeAH Coated Metal Corporation
28. SeAH Steel Corporation
29. Shin Steel Co., Ltd.
VerDate Sep<11>2014
20:38 Oct 05, 2021
Jkt 256001
Agenda
[FR Doc. 2021–21790 Filed 10–5–21; 8:45 am]
Dated: September 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix II
jspears on DSK121TN23PROD with NOTICES1
30. Shin Young Co., Ltd.
31. Signode Korea Inc.
32. SK Networks Co., Ltd.
33. Soon Hong Trading Co., Ltd.
34. Sungjin Co., Ltd.
35. Taesan Corporation
36. TCC Steel Corporation
37. TI Automotive Ltd.
38. Wolverine Korea Co., Ltd.
Notice of a public meeting.
The Gulf of Mexico Fishery
Management Council (Council) will
hold a four-day meeting to consider
actions affecting the Gulf of Mexico
fisheries in the exclusive economic zone
(EEZ). The meeting is a hybrid meeting
open to the public offering both inperson and virtual options for
participation.
The meeting will convene
Monday, October 25 through
Wednesday, October 27, 2021, from 8:30
a.m. to 5:30 p.m., CDT and on Thursday,
October 28, 2021, from 8:30 a.m. to 4:30
p.m., CDT.
DATES:
The meeting will take place
at Perdido Beach Resort, located at
27200 Perdido Beach Resort Boulevard,
Orange Beach, AL 36561. Please note,
in-person meeting attendees will be
expected to follow any current COVID–
19 safety protocols as determined by the
Council, hotel and the City of Orange
Beach. Such precautions may include
masks, room capacity restrictions, and/
or social distancing. If you prefer to
‘‘listen in’’, you may access the log-on
information by visiting our website at
www.gulfcouncil.org.
Council address: Gulf of Mexico
Fishery Management Council, 4107 W.
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
ADDRESSES:
Dr.
Carrie Simmons, Executive Director,
Gulf of Mexico Fishery Management
Council; telephone: (813) 348–1630.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Monday, October 25, 2021; 8:30 a.m.–
5:30 p.m., CDT
The meeting will begin open to the
public in a Full Council Session to
review and adopt Council Committee
Assignments for October 2021 through
August 2022; and, receive an update on
Hurricane Ida’s Impacts to Fishing
Communities. Committee sessions will
begin approximately 8:45 a.m. with the
Shrimp Committee discussing the
Shrimp Focus Group, review Draft
Framework Action: Modification of the
Vessel Position Data Collection Program
for the Gulf of Mexico Shrimp Fishery.
The Gulf SEDAR Committee will
receive a meeting summary from the
October 2021 SEDAR Steering
Committee and review the Gulf SEDAR
Stock Assessment Schedule.
The Sustainable Fisheries Committee
will review the Draft Allocation Review
Guidelines, SSC Recommendations on
Using Field Experiments to Assess
Alternative Mechanisms for Distributing
Fish to the Recreational Sector, and a
Report to Congress on Shark and
Dolphin Depredation.
The Mackerel Committee will
convene after lunch. They will review
Coastal Migratory Pelagics (CMP)
Landings and receive a presentation on
the History of CMP Permits and Sale of
Recreational Cobia. They will review
and discuss Final Action Item:
Amendment 32: Modifications to the
Gulf of Mexico Migratory Group Cobia
Catch Limits, Possession Limits, Size
Limits, and Framework Procedure,
discuss Draft Amendment 33:
Modifications to the Gulf of Mexico
Migratory Group King Mackerel Catch
Limits and Sector Allocations and
Public Hearing Draft Amendment 34:
Atlantic Migratory Group King Mackerel
Catch Levels and Atlantic King and
Spanish Mackerel Management
Measures.
Immediately following Mackerel
Committee, there will be a virtual and
in-person Public Hearing on Final
Action: Amendment 32: Modifications
to the Gulf of Mexico Migratory Group
Cobia Catch Limits, Possession Limits,
Size Limits, and Framework Procedure.
Tuesday, October 26, 2021; 8:30 a.m.–
5:30 p.m., CDT
The Reef Fish Committee will
convene to review Reef Fish Landings
and Individual Fishing Quota (IFQ)
Landings and Final Action Item: Draft
Framework Action: Modification of Gulf
of Mexico Red Grouper Catch Limits.
The Committee will receive
presentations on SEDAR 70: Greater
Amberjack Stock Assessment Report
E:\FR\FM\06OCN1.SGM
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Agencies
[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55584-55586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21790]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold-Rolled Steel Flat 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 finds that
certain cold-rolled steel flat products (cold-rolled steel) from the
Republic of Korea were not sold in the United States at less than
normal value during the period of review (POR), September 1, 2019,
through August 31, 2020. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable October 6, 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
Commerce initiated this review on October 30, 2020.\1\ We selected
two mandatory respondents in this review, Hyundai Steel Company
(Hyundai) and POSCO International Corporation (PIC).\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 68840 (October 30, 2020).
\2\ See Memorandum, ``2019-2020 Administrative Review of Cold-
Rolled Steel Flat Products from the Republic of Korea: Respondent
Selection,'' dated December 15, 2020. Consistent with the CRS from
Korea 2018-19 Final Results, Commerce has collapsed POSCO and PIC,
treating these companies as a single entity. In the CRS from Korea
2018-19 Final Results, Commerce determined 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
Certain Cold-Rolled Steel Flat Products from the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2018-2019,
86 FR 40808 (July 29, 2021) (CRS from Korea 2018-19 Final Results),
and accompanying Issues and Decision Memorandum. POSCO submitted its
questionnaire responses in this review on behalf of the collapsed
entity, and PIC was initially selected by Commerce for individual
examination. We continue to refer to the collapsed entity as
``POSCO/PIC'' hereafter.
---------------------------------------------------------------------------
For a more detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum,
dated concurrently with these results and hereby adopted by this
notice.\3\ 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/. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
Appendix I to this notice.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Certain Cold
Rolled Steel Flat Products from the Republic of Korea; 2019-2020,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order \4\ is cold-rolled steel from
Korea. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a)(2) of the Tariff Act of 1930, as amended (the Act). For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Rate for Non-Examined Companies
For the companies that were not selected for individual review, we
assigned a rate based on the rates for the respondents that were
selected for individual examination.\5\ Consistent with the U.S. Court
of Appeals for the Federal Circuit's decision in Albemarle, we are
applying to the 38 companies not selected for individual examination a
rate of zero percent, because we calculated rates of zero for both
mandatory respondents, Hyundai and POSCO/PIC.\6\ These are the only
rates determined in this review for individually examined respondents
and, thus, we are applying this rate to the 38 firms not selected for
individual examination under section 735(c)(5)(B) of the Act.
---------------------------------------------------------------------------
\5\ See section 735(c)(5)(A) of the Act.
\6\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
---------------------------------------------------------------------------
[[Page 55585]]
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period September 1, 2019, through
August 31, 2020:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 0.00
POSCO/POSCO International Corporation....................... 0.00
Non-Examined Companies \7\.................................. 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\7\ See Appendix II for a full list of these companies.
---------------------------------------------------------------------------
Commerce intends to disclose the calculations performed for these
preliminary results within five days of the date of publication of this
notice, in accordance with 19 CFR 351.224(b). Interested parties may
comment by submitting case briefs no later than 30 days after the date
of publication of this notice.\8\ Rebuttal briefs, the content of which
is limited to issues raised in the case briefs, must be filed within
seven days from the deadline date for the submission of case briefs.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
---------------------------------------------------------------------------
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.\10\ Case and rebuttal briefs should be filed using ACCESS
\11\ and must be served on interested parties.\12\ Executive summaries
should be limited to five pages total, including footnotes.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See generally 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
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 within 30 days of the date of
publication of this notice. Requests should contain: (1) The party's
name, address and telephone number; (2) the number of participants; (3)
whether any participant is a foreign national; and (4) 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 the hearing at
a date and time to be determined.\13\ Parties should confirm the date,
time, and location of the hearing two days before the scheduled date.
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\13\ See 19 CFR 351.310(d).
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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 extended.\14\
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\14\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon issuing the final results, Commerce shall determine, and
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries.\15\ If the weighted-average dumping margin for
an individually examined respondent is not zero or de minimis (i.e.,
less than 0.50 percent) in the final results of this review, we will
calculate importer-specific assessment rates on the basis of the ratio
of the total amount of dumping calculated for each importer's examined
sales and the total entered value of such sales in accordance with 19
CFR 351.212(b)(1).\16\ We will instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific assessment rate calculated in the final results of
this review is above de minimis (i.e., 0.50 percent). For any
individually examined respondent whose weighted-average dumping margin
is zero or de minimis in the final results of review, or if an
importer-specific assessment rate is zero or de minimis, Commerce will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\17\
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\15\ See 19 CFR 351.212(b)(1).
\16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\17\ Id., 77 FR at 8102-3; see also 19 CFR 351.106(c)(2).
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In accordance with Commerce's ``automatic assessment''
practice,\18\ for entries of subject merchandise during the POR
produced by Hyundai and POSCO/PIC for which the producer did not know
its merchandise was destined for the United States, we will instruct
CBP to liquidate unreviewed entries at the all-others rate of 20.33
percent established in the LTFV investigation.\19\
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\18\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\19\ See Order.
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For the 38 companies which were not selected for individual
examination,\20\ we intend to assign an assessment rate based on the
cash deposit rate calculated for the companies selected for mandatory
review (i.e., Hyundai and POSCO/PIC).\21\ 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.\22\
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\20\ See Appendix II.
\21\ See section 735(c)(5)(A) of the Act; see also Preliminary
Decision Memorandum at Section IV, ``Rate for Non-Examined
Companies.
\22\ See section 751(a)(2)(C) of the Act.
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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 cash 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 Hyundai, POSCO/PIC, and other companies listed in
the final results of review will be equal to the weighted-average
dumping margin established in the final results of this administrative
review; (2) for merchandise exported by producers or exporters not
covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review, a prior review, or the original
investigation but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
20.33 percent,\23\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit
[[Page 55586]]
requirements, when imposed, shall remain in effect until further
notice.
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\23\ See Order.
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Notification to Importers
This notice serves as a 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 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
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: September 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Examined Companies
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
List of Companies Not Individually Examined
1. AJU Steel Co., Ltd.
2. Ameri-Source Korea
3. Dai Yang Metal Co., Ltd.
4. DCM Corporation
5. DK GNS Co., Ltd.
6. Dongbu Incheon Steel Co., Ltd
7. Dongbu Steel Co., Ltd.
8. Dongkuk Industries Co., Ltd.
9. Dongkuk Steel Mill Co., Ltd.
10. GS Global Corporation
11. Hanawell Co., Ltd.
12. Hankum Co., Ltd.
13. Hwashin Co. Ltd.
14. Hyosung TNC Corporation
15. Hyundai Corporation
16. JMP Co., Ltd.
17. KG Dongbu Steel Co., Ltd.
18. Korinox Co., Ltd.
19. Mikwang Precision Manufacture Co., Ltd.
20. Okaya Korea Co., Ltd.
21. POSCO Coated and Colored Steel Co., Ltd.
22. Samhwan Steel Co., Ltd.
23. Samsung C & T Corporation
24. Samsung Electronics Co., Ltd.
25. Samsung STS Co., Ltd.
26. SeAH Changwon Integrated Special Steel Corporation
27. SeAH Coated Metal Corporation
28. SeAH Steel Corporation
29. Shin Steel Co., Ltd.
30. Shin Young Co., Ltd.
31. Signode Korea Inc.
32. SK Networks Co., Ltd.
33. Soon Hong Trading Co., Ltd.
34. Sungjin Co., Ltd.
35. Taesan Corporation
36. TCC Steel Corporation
37. TI Automotive Ltd.
38. Wolverine Korea Co., Ltd.
[FR Doc. 2021-21790 Filed 10-5-21; 8:45 am]
BILLING CODE 3510-DS-P