Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 59985-59987 [2021-23593]
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Notices
United States within a reasonably
foreseeable time.5
777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Scope of the Order
Dated: October 25, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
The products covered by the Order
are certain scented or unscented
petroleum wax candles made from
petroleum wax and having fiber or
paper-cored wicks. They are sold in the
following shapes: Tapers, spirals and
straight-sided dinner candles; rounds,
columns, pillars, votives; and various
wax-filled containers. The products
were originally classifiable under the
Tariff Schedules of the United States
item 755.25, Candles and Tapers. The
products are currently classifiable under
the Harmonized Tariff Schedule
(HTSUS) subheading 3406.00.00. The
HTSUS subheading is provided for
convenience and customs purposes. The
written description remains dispositive.
Continuation of the Order
Administrative Protective Order
khammond on DSKJM1Z7X2PROD with NOTICES
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
Notification to Interested Parties
This five-year sunset review and this
notice are in accordance with sections
751(c) and 751(d)(2) of the Act and
published in accordance with section
5 See Petroleum Wax Candles from China, 86 FR
57855 (October 19, 2021).
18:17 Oct 28, 2021
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–883]
Certain Hot-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 the
producers/exporters subject to this
review made sales of subject
merchandise at less than normal value
during the period of review (POR),
October 1, 2019, through September 30,
2020. We invite interested parties to
comment on these preliminary results.
DATES: Applicable October 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Christopher Williams or Thomas
Schauer, AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5166 or
(202) 482–0410, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
As a result of the determinations by
Commerce and the ITC that revocation
of the Order would likely lead to a
continuation or a recurrence of dumping
as well as material injury to an industry
in the United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the Order.
U.S. Customs and Border Protection
will continue to collect AD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise. The effective date of the
continuation of the Order will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next five-year
review of the Order no later than 30
days prior to the fifth anniversary of the
effective date of continuation.
VerDate Sep<11>2014
[FR Doc. 2021–23560 Filed 10–28–21; 8:45 am]
Jkt 256001
Background
On October 3, 2016, Commerce
published in the Federal Register an
antidumping duty order on certain hotrolled steel flat products (hot-rolled
steel) from the Republic of Korea
(Korea).1 On October 1, 2020, we
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
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 Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 85 FR 61926
(October 1, 2020).
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59985
December 8, 2020, based on timely
requests for an administrative review,
Commerce initiated an administrative
review of ten companies.3 On June 8,
2021, Commerce extended the time
limit for issuing the preliminary results
of this review by 60 days to no later
than September 1, 2021.4 On August 16,
2021, Commerce fully extended the time
limit for issuing the preliminary results
of this review by an additional 55 days
to no later than October 26, 2021.5
Scope of the Order
The products covered by this Order
are hot-rolled steel. A full description of
the scope of the Order is contained in
the Preliminary Decision
Memorandum.6
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export price and constructed
export price 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 these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
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 made available to the
public 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 is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Rates for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
78990 (December 8, 2020).
4 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Korea: Extension
of Deadline for Preliminary Results of Antidumping
Duty Administrative Review; 2019–2020,’’ dated
June 8, 2021.
5 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Korea: Extension
of Deadline for Preliminary Results of Antidumping
Duty Administrative Review; 2019–2020,’’ dated
August 16, 2021.
6 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Korea: Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative Review; 2019–
20120,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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59986
Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Notices
companies not selected for examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation, for
guidance when calculating the rate for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ In this review,
we preliminarily calculated weightedaverage dumping margins for the two
mandatory respondents, Hyundai Steel
Company (Hyundai Steel) and POSCO,7
that are not zero, de minimis, or
determined entirely on the basis of facts
available. Accordingly, Commerce
preliminarily assigned to the companies
not individually examined, listed in the
chart below, a margin of 3.50 which is
the weighted average of Hyundai Steel’s
and POSCO’s calculated weightedaverage margins.8
REVIEW-SPECIFIC AVERAGE RATE AP- within 30 days after the date of
PLICABLE TO THE FOLLOWING COM- publication of this notice.
PANIES
Exporter/producer
Dongkuk Industries Co., Ltd .......
Dongkuk Steel Mill Co., Ltd ........
KG Dongbu Steel Co., Ltd .........
Marubeni-Itochu Steel Korea, Ltd
Snp Ltd .......................................
Soon Hong Trading Co ..............
Sungjin Co., Ltd ..........................
Commerce intends to issue the final
results of this administrative review,
Average
including the results of its analysis of
dumping
the issues raised in any written briefs,
margin
(percent)
not later than 120 days after the date of
publication of this notice, unless
3.50
extended, pursuant to section
3.50
3.50 751(a)(3)(A) of the Act and 19 CFR
3.50 351.213(h)(1).
3.50
3.50
3.50
Disclosure and Public Comment
khammond on DSKJM1Z7X2PROD with NOTICES
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.9 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, limited to issues
raised in the case briefs, may be filed
not later than seven days after the date
for filing case briefs.10 Commerce
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.11 Parties who submit case briefs
or rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
Preliminary Results of Administrative
(2) a brief summary of the argument;
Review
and (3) a table of authorities.12
We preliminarily determine that the
Pursuant to 19 CFR 351.310(c),
following weighted-average dumping
interested parties who wish to request a
margins exist for the period October 1,
hearing must submit a written request to
2019, through September 30, 2020:
the Assistant Secretary for Enforcement
Weighted- and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
average
Exporter/producer
dumping
The party’s name, address, and
margin
telephone number; (2) the number of
(percent)
participants; and (3) a list of issues to be
Hyundai Steel Company .............
4.03 discussed. Issues raised in the hearing
will be limited to those raised in the
POSCO/POSCO International
Corporation .............................
2.43 respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
7 We initiated this review with respect to POSCO
Commerce’s electronic records system,
and POSCO Daewoo Corporation. We preliminarily
find that POSCO International Corporation is the
ACCESS, by 5:00 p.m. Eastern Time
successor-in-interest to POSCO Daewoo
Corporation and we are preliminarily treating
POSCO and POSCO International Corporation as a
single entity, hereinafter collectively referred to as
POSCO. See Preliminary Decision Memorandum.
8 For more information regarding the calculation
of this margin, see Memorandum, ‘‘Preliminary
Results of Antidumping Duty Administrative
Review of Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Calculation of the
margin for Non-Examined Companies,’’ dated
concurrently with this notice. As the weighting
factor, we relied on the publicly ranged sales data
reported in the quantity and value charts submitted
by Hyundai Steel and POSCO.
VerDate Sep<11>2014
18:17 Oct 28, 2021
Jkt 256001
19 CFR 351.224(b).
19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect).’’)
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
12 See 19 CFR 351.309(c)(2) and (d)(2).
Assessment Rates
Upon completion of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. If either of the
respondents’ weighted-average dumping
margins is not zero or de minimis (i.e.,
less than 0.50 percent) in the final
results of this review, we intend to
calculate an importer-specific
assessment rate based on the ratio of the
total amount of dumping calculated for
each importer’s examined sales and the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1).13 If either of the
respondents’ weighted-average dumping
margin or an importer-specific
assessment rate is zero or de minimis in
the final results of review, we intend to
instruct CBP not to assess duties on any
entries in accordance with the Final
Modification for Reviews.14 The final
results of this administrative 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.15
For entries of subject merchandise
during the POR produced by either of
the respondents for which they did not
know that the merchandise was
destined to the United States, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.16
9 See
10 See
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Fmt 4703
Sfmt 4703
13 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).
14 Id. at 8102–03; see also 19 CFR 351.106(c)(2).
15 See section 751(a)(2)(C) of the Act.
16 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\29OCN1.SGM
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Notices
For the companies identified above
that were not selected for individual
examination, we will instruct CBP to
liquidate entries at the rates established
after the completion of the final results
of review.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of hot-rolled steel from Korea 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 the respondents will be
equal to the weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by a company 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 in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review or the original
investigation but the producer is, then
the cash deposit rate will be the rate
established in the completed segment
for the most recent period for the
producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will continue to be 6.05
percent, the all-others rate established
in the less-than-fair-value
investigation.17 These cash 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)(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
17 See
Order, 81 FR at 67965.
VerDate Sep<11>2014
18:17 Oct 28, 2021
Jkt 256001
subsequent assessment of doubled
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: October 25, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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. Successor-In-Interest Determination
V. Affiliation and Single Entity Treatment
VI. Particular Market Situation Allegation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021–23593 Filed 10–28–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review, Final
Successor-in-Interest Determination,
and Final Determination of No
Shipments; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Jiangsu
Senmao Bamboo and Wood Industry
Co., Ltd. (Senmao) has not made sales
of multilayered wood flooring (wood
flooring) from the People’s Republic of
China (China) at prices below normal
value during the period of review (POR)
December 1, 2018, through November
30, 2019. In addition, Commerce
determines that certain companies had
no shipments during the POR and that
Arte Mundi (Shanghai) Aesthetic Home
Furnishings Co., Ltd. (Arte Mundi) is
the successor-in-interest to Scholar
Home (Shanghai) New Material Co., Ltd.
(Scholar Home).
DATES: Applicable October 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Alexis Cherry, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
59987
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–6478
and 202–482–0607, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results of the administrative review on
April 26, 2021.1 For the events that
occurred since Commerce published the
Preliminary Results, see the Issues and
Decision Memorandum.2 Commerce
conducted this review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act). On July 26,
2021, we extended the deadline for
these final results to October 22, 2021.3
Scope of the Order 4
The product covered by the Order is
wood flooring from China. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the parties’ briefs
are addressed in the Issues and Decision
Memorandum. A list of these issues is
attached to this notice.5 The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
1 See Multilayered Wood Flooring from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments,
Preliminary Successor in-Interest Determination,
and Rescission of Review, in Part; 2018–2019, 86 FR
22016 (April 26, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum: Antidumping Duty Administrative
Review of Multilayered Wood Flooring from the
People’s Republic of China; 2018–2019,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Memorandum, ‘‘Multilayered Wood
Flooring from the People’s Republic of China:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
July 26, 2021.
4 See Multilayered Wood Flooring from the
People’s Republic of China: Notice of Amended
Final Affirmative Determination of Sales at Less
than Fair Value and Antidumping Duty Order, 76
FR 76690 (December 8, 2011), as amended in
Multilayered Wood Flooring from the People’s
Republic of China: Amended Antidumping and
Countervailing Duty Orders, 77 FR 5484 (February
3, 2012) (collectively, Order); see also Multilayered
Wood Flooring from the People’s Republic of China:
Final Clarification of the Scope of the Antidumping
and Countervailing Duty Orders, 82 FR 27799 (June
19, 2017).
5 See Appendix I.
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]]>Agencies
[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 59985-59987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23593]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-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
the producers/exporters subject to this review made sales of subject
merchandise at less than normal value during the period of review
(POR), October 1, 2019, through September 30, 2020. We invite
interested parties to comment on these preliminary results.
DATES: Applicable October 29, 2021.
FOR FURTHER INFORMATION CONTACT: Christopher Williams or Thomas
Schauer, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5166
or (202) 482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2016, Commerce published in the Federal Register an
antidumping duty order on certain hot-rolled steel flat products (hot-
rolled steel) from the Republic of Korea (Korea).\1\ On October 1,
2020, we published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On December 8, 2020,
based on timely requests for an administrative review, Commerce
initiated an administrative review of ten companies.\3\ On June 8,
2021, Commerce extended the time limit for issuing the preliminary
results of this review by 60 days to no later than September 1,
2021.\4\ On August 16, 2021, Commerce fully extended the time limit for
issuing the preliminary results of this review by an additional 55 days
to no later than October 26, 2021.\5\
---------------------------------------------------------------------------
\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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 61926 (October 1, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 78990 (December 8, 2020).
\4\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020,''
dated June 8, 2021.
\5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020,''
dated August 16, 2021.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this Order are hot-rolled steel. A full
description of the scope of the Order is contained in the Preliminary
Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review; 2019-20120,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price and constructed export price 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 these
preliminary results, see the Preliminary Decision Memorandum. A list of
the 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 made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to
[[Page 59986]]
companies not selected for examination when Commerce limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation, for guidance when calculating the rate
for companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' In this review, we preliminarily
calculated weighted-average dumping margins for the two mandatory
respondents, Hyundai Steel Company (Hyundai Steel) and POSCO,\7\ that
are not zero, de minimis, or determined entirely on the basis of facts
available. Accordingly, Commerce preliminarily assigned to the
companies not individually examined, listed in the chart below, a
margin of 3.50 which is the weighted average of Hyundai Steel's and
POSCO's calculated weighted-average margins.\8\
---------------------------------------------------------------------------
\7\ We initiated this review with respect to POSCO and POSCO
Daewoo Corporation. We preliminarily find that POSCO International
Corporation is the successor-in-interest to POSCO Daewoo Corporation
and we are preliminarily treating POSCO and POSCO International
Corporation as a single entity, hereinafter collectively referred to
as POSCO. See Preliminary Decision Memorandum.
\8\ For more information regarding the calculation of this
margin, see Memorandum, ``Preliminary Results of Antidumping Duty
Administrative Review of Certain Hot-Rolled Steel Flat Products from
the Republic of Korea: Calculation of the margin for Non-Examined
Companies,'' dated concurrently with this notice. As the weighting
factor, we relied on the publicly ranged sales data reported in the
quantity and value charts submitted by Hyundai Steel and POSCO.
---------------------------------------------------------------------------
Preliminary Results of Administrative Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period October 1, 2019, through September
30, 2020:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 4.03
POSCO/POSCO International Corporation....................... 2.43
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Average
dumping
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Dongkuk Industries Co., Ltd................................. 3.50
Dongkuk Steel Mill Co., Ltd................................. 3.50
KG Dongbu Steel Co., Ltd.................................... 3.50
Marubeni-Itochu Steel Korea, Ltd............................ 3.50
Snp Ltd..................................................... 3.50
Soon Hong Trading Co........................................ 3.50
Sungjin Co., Ltd............................................ 3.50
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\9\
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, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\10\ Commerce modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\11\ 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.\12\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'')
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
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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
ACCESS. 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
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. If either of the respondents'
weighted-average dumping margins is not zero or de minimis (i.e., less
than 0.50 percent) in the final results of this review, we intend to
calculate an importer-specific assessment rate based on the ratio of
the total amount of dumping calculated for each importer's examined
sales and the total entered value of those same sales in accordance
with 19 CFR 351.212(b)(1).\13\ If either of the respondents' weighted-
average dumping margin or an importer-specific assessment rate is zero
or de minimis in the final results of review, we intend to instruct CBP
not to assess duties on any entries in accordance with the Final
Modification for Reviews.\14\ The final results of this administrative
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.\15\
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\13\ 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).
\14\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
\15\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
either of the respondents for which they did not know that the
merchandise was destined to the United States, we will instruct CBP to
liquidate unreviewed entries at the all-others rate if there is no rate
for the intermediate company(ies) involved in the transaction.\16\
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\16\ 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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[[Page 59987]]
For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rates established after the completion of the final results of
review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of hot-rolled steel from Korea
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 the respondents will be equal to the
weighted-average dumping margin established in the final results of
this administrative review; (2) for merchandise exported by a company
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 in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review or the
original investigation but the producer is, then the cash deposit rate
will be the rate established in the completed segment for the most
recent period for the producer of the merchandise; (4) the cash deposit
rate for all other producers or exporters will continue to be 6.05
percent, the all-others rate established in the less-than-fair-value
investigation.\17\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\17\ See Order, 81 FR at 67965.
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Notification to Importers
This notice also 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 doubled
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: October 25, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Successor-In-Interest Determination
V. Affiliation and Single Entity Treatment
VI. Particular Market Situation Allegation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-23593 Filed 10-28-21; 8:45 am]
BILLING CODE 3510-DS-P
