Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review and Rescission in Part; 2019, 60797-60799 [2021-24080]
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices
auxiliary aids, or to submit written
comments for dissemination prior to the
meeting, is 5:00 p.m. EST on Monday,
November 29, 2021. Registration,
comments, and any auxiliary aid
requests should be submitted via email
to Patrick.Zimet@trade.gov.
ADDRESSES: The meeting will be held
virtually via WebEx video conferencing.
FOR FURTHER INFORMATION CONTACT:
Patrick Zimet, Designated Federal
Officer, Office of Finance and Insurance
Industries (OFII), International Trade
Administration, U.S. Department of
Commerce at (202) 306–9474; email:
Patrick.Zimet@trade.gov.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
Background
The TFAC was originally chartered on
August 11, 2016, pursuant to
discretionary authority and in
accordance with the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App., and was most recently rechartered on August 7, 2020. The TFAC
serves as the principal advisory body to
the Secretary of Commerce on policy
matters relating to access to trade
finance for U.S. exporters, including
small- and medium-sized enterprises,
and their foreign buyers. The TFAC is
the sole mechanism by which the
Department of Commerce (the
Department) convenes private sector
stakeholders to identify and develop
consensus-based solutions to trade
finance challenges. The Council is
comprised of a diverse group of
stakeholders from the trade finance
industry and the U.S. exporting
community, as well as experts from
academia and public policy
organizations.
On Thursday, December 2, 2021, the
TFAC will hold the second meeting of
its 2020–2022 charter term. During the
meeting, members will discuss initial
recommendations put forth by the
TFAC’s four subcommittees: Inclusive
Growth, International Policy, Fintech,
and Supply Chain Finance. The TFAC
will deliberate over the proposed
recommendations, provide feedback to
the subcommittees, and establish next
steps in order to finalize the
recommendations by the end of the
TFAC’s third term.
Meeting minutes will be available
within 90 days of the meeting upon
request or on the TFAC’s website at
https://www.trade.gov/about-us/tradefinance-advisory-council-tfac.
Public Participation
The meeting will be open to the
public and there will be limited time
permitted for public comments.
VerDate Sep<11>2014
17:57 Nov 03, 2021
Jkt 256001
Members of the public seeking to attend
the meeting, make comments during the
meeting, request auxiliary aids, or
submit written comments for
consideration prior to the meeting, are
required to submit their requests
electronically to Patrick.Zimet@
trade.gov by 5:00 p.m. EST on Monday,
November 29, 2021. Requests received
after this deadline will be accepted but
may not be possible to accommodate.
Members of the public may submit
written comments concerning TFAC
affairs at any time before or after a
meeting. Comments may be submitted
to Patrick Zimet, at the contact
information indicated above. All
comments and statements received,
including attachments and other
supporting materials, are part of the
public record and subject to public
disclosure.
Heather Helm,
Acting Executive Director for Services, Office
of the Deputy Assistant Secretary for Services.
[FR Doc. 2021–24093 Filed 11–3–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–884]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results of Countervailing
Duty Administrative Review and
Rescission in Part; 2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain producers/exporters of
certain hot-rolled steel flat products
(hot-rolled steel) from the Republic of
Korea (Korea) received countervailable
subsidies during the period of review
(POR) January 1, 2019, through
December 31, 2019. Additionally, we
are rescinding this review with respect
to 13 companies. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable November 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Kelsie Hohenberger, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2517.
SUPPLEMENTARY INFORMATION:
AGENCY:
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60797
Background
On December 8, 2020, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty (CVD) order on hotrolled steel from Korea.1 On January 12,
2021, Commerce selected Hyundai Steel
as the mandatory respondent in this
administrative review.2 On June 16,
2021, Commerce extended the deadline
for the preliminary results of this
review.3 The revised deadline for these
preliminary results is now October 29,
2021.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included at Appendix
I to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The product covered by the Order is
hot-rolled steel from Korea. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
78990 (December 8, 2020); see also Certain HotRolled Steel Flat Products from Brazil and the
Republic of Korea: Amended Final Affirmative
Countervailing Duty Determinations and
Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
2 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order of Certain HotRolled Steel Flat Products from the Republic of
Korea: Respondent Selection,’’ dated January 12,
2021.
3 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Korea: Extension
of Deadline for Preliminary Results of
Countervailing Duty Administrative Review,’’ dated
June 16, 2021.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review, 2019: Certain Hot-Rolled
Steel Flat Products from the Republic of Korea,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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60798
Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices
days of the date of publication of the
notice of initiation. Commerce received
a timely-filed withdrawal request from
the petitioners,5 pursuant to 19 CFR
351.213(d)(1). Because the withdrawal
request was timely filed, and no other
party requested a review of these
companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review with respect to the following
companies: DCE Inc; Dong Chuel
America Inc.; Dong Chuel Industrial Co.,
Ltd.; Dongbu Incheon Steel Co., Ltd.;
Dongbu Steel Co., Ltd.; Dongkuk
Industries Co., Ltd.; Dongkuk Steel Mill
Co., Ltd.; Hyewon Sni Corporation
(H.S.I.); JFE Shoji Trade Korea Ltd.;
POSCO Coated & Color Steel Co., Ltd.;
POSCO Daewoo Corporation; Soon
Hong Trading Co., Ltd.; and Sung-A
Steel Co., Ltd.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.6 For a full
description of the methodology
underlying all of Commerce’s
conclusions, see the Preliminary
Decision Memorandum.
lotter on DSK11XQN23PROD with NOTICES1
Preliminary Rate for Non-Selected
Company Under Review
There is one company in this review
that was not selected as a mandatory
respondent, i.e., POSCO. The Act and
Commerce’s regulations do not directly
address the rates to be applied to
companies not selected for individual
examination where Commerce limits its
examination in an administrative review
pursuant to section 777A(e)(2) of the
Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation.
Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to
calculate an all-others rate equal to the
weighted average of the countervailable
subsidy rates established for exporters
5 The petitioners are AK Steel Corporation,
ArcelorMittal USA LLC, Nucor Corporation
(Nucor), SSAB Enterprises, LLC, Steel Dynamics,
Inc., and United States Steel Corporation.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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17:57 Nov 03, 2021
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and/or producers individually
examined, excluding any rates that are
zero, de minimis, or based entirely on
facts available. Commerce is,
accordingly, basing the subsidy rate for
POSCO on the rate calculated for
Hyundai Steel.
Preliminary Results of Administrative
Review
We preliminarily determine the
following net countervailable subsidy
rates for the period January 1, 2019,
through December 31, 2019:
Subsidy rate
(percent
ad valorem)
Company
Hyundai Steel Co., Ltd ......................
POSCO .............................................
0.56
0.56
Disclosure and Public Comment
We will disclose to the parties in this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of these preliminary
results.7 Case briefs, or other written
comments, may be submitted to the
Assistant Secretary for Enforcement and
Compliance at a date to be determined.
Rebuttal comments (rebuttal briefs),
limited to issues raised in case briefs,
may be filed within seven days 8 after
the time limit for filing case briefs.
Parties who submit arguments are
requested to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.9 All briefs
must be filed electronically using
ACCESS. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information under further notice.10
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 by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.11 Hearing requests should
contain: (1) The party’s name, address,
and telephone number; (2) the number
of participants; and (3) a list of the
issues to be discussed. Issues addressed
at the hearing will be limited to those
raised in the briefs. If a request for a
hearing is made, Commerce intends to
7 See
19 CFR 351.224(b).
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
9 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
10 See Temporary Rule.
11 See 19 CFR 351.310(c).
8 See
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Fmt 4703
Sfmt 4703
hold the hearing at a time and date to
be determined. Parties should confirm
the date and time of the hearing two
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
Assessment Rate
Pursuant to section 751(a)(2)(C) of the
Act, upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. If the
assessment rate calculated in the final
results in zero or de minimis, we will
instruct CBP to liquidate all appropriate
entries without regard to countervailing
duties. 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
In accordance with section
751(a)(2)(C) of the Act, Commerce
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts shown for the
companies listed above, except, where
the rate calculated in the final results is
de minimis, no cash deposit will be
required on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits of
estimated countervailing duties at the
most recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposits,
when imposed, shall remain in effect
until further notice.
Final Results of Review
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, no later than 120 days after
the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1), unless
this deadline is extended.
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices
Notice to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213 and 19 CFR
351.221(b)(4).
Dated: October 29, 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. Period of Review
IV. Partial Rescission of Administrative
Review
V. Scope of the Order
VI. Non-Selected Company Under Review
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2021–24080 Filed 11–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–830]
Carbon and Certain Alloy Steel Wire
Rod From Mexico: Preliminary Results
of Antidumping Duty Administrative
Review and Partial Recission of
Antidumping Duty Administrative
Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) preliminarily determines
that sales of carbon and certain alloy
steel wire rod (wire rod) from Mexico
were made at less than normal value
during the period of review (POR),
October 1, 2019, through September 30,
2020. Further, Commerce is rescinding
the administrative review, in part. We
invite interested parties to comment on
these preliminary results.
SUMMARY:
DATES:
Applicable November 4, 2021.
lotter on DSK11XQN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
Benjamin A. Smith, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2181.
SUPPLEMENTARY INFORMATION:
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17:57 Nov 03, 2021
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Background
On October 29, 2002, Commerce
published the antidumping duty order
on wire rod from Mexico in the Federal
Register.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, pursuant to section
751(a)(1) of the Act, Commerce initiated
an administrative review of the Order.3
On June 14, 2021, Commerce extended
the deadline for the preliminary results
to October 29, 2021.4 For a complete
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum.5
Scope of the Order
The merchandise subject to the Order
is wire rod, in coils, of approximately
round cross section, 5.00 mm or more,
but less than 19.00 mm, in solid crosssectional diameter. The subject
merchandise is classifiable in the
Harmonized Tariff Schedule of the
United States (HTSUS) primarily under
the subheadings: 7213.91.3000,
7213.91.3010, 7213.91.3011,
7213.91.3015, 7213.91.3020,
7213.91.3090, 7213.91.3091,
7213.91.3092, 7213.91.3093,
7213.91.4500, 7213.91.4510,
7213.91.4590, 7213.91.6000,
7213.91.6010, 7213.91.6090,
7213.99.0030, 7213.99.0031,
7213.99.0038, 7213.99.0090,
7227.20.0000, 7227.20.0010,
7227.20.0020, 7227.20.0030,
1 See Notice of Antidumping Duty Orders: Carbon
and Certain Alloy Steel Wire Rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad and Tobago,
and Ukraine, 67 FR 65945 (October 29, 2002)
(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) (Initiation Notice). The
Initiation Notice listed ArcelorMittal Las Truchas,
S.A. de C.V. (AMLT) as one of the producers/
exporters under review. Id. at 78993. However,
Commerce later clarified that the initiation of the
review with respect to AMLT was in error, as
AMLT is no longer in operation and its assets have
been sold to ArcelorMittal Mexico S.A. de C.V, and
thus AMLT was not subject to the instant review.
See Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 86 FR 511, 512–13
n.5 (January 6, 2021).
4 See Memorandum, ‘‘Carbon and Certain Alloy
Steel Wire Rod from Mexico: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review,’’ dated June 14, 2021.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results, Preliminary Determination
of No Shipments, and Partial Recission of the 2018–
2019 Administrative Review of the Antidumping
Duty Order on Carbon and Certain Alloy Steel Wire
Rod from Mexico,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
PO 00000
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60799
7227.20.0080, 7227.20.0090,
7227.20.0095, 7227.90.6010,
7227.90.6020, 7227.90.6030,
7227.90.6035, 7227.90.6050,
7227.90.6051, 7227.90.6053,
7227.90.6058, 7227.90.6059,
7227.90.6080, and 7227.90.6085. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written product description
remains dispositive.
A full description of the scope of the
Order is contained in the Preliminary
Decision Memorandum.
Partial Rescission of Administrative
Review
Nucor Corporation withdrew its
request for an administrative review of
Grupo Villacero S.A. de C.V. (Villacero)
and Talleres y Aceros S.A. de C.V.
(Talleres y Aceros).6 As no other party
requested a review of Talleres y Aceros,
and Villacero, we are therefore partially
rescinding this administrative review
with respect to Talleres y Aceros and
Villacero pursuant to 19 CFR
351.213(d)(1). The review will continue
with respect to Deacero S.A.P.I. de C.V.
and Ternium Mexico S.A. de C.V.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). Constructed export price was
calculated in accordance with section
772 of the Act. Normal value was
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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://access.trade.gov/
public/FRNoticesListLayout.aspx. A list
of topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margins
exist for the POR:
6 See Nucor’s Letter, ‘‘Carbon and Alloy Steel
Wire Rod from Mexico: Request for Withdrawal of
Administrative Review Concerning AMLT,’’ dated
March 8, 2021.
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]]>Agencies
[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Notices]
[Pages 60797-60799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24080]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results of Countervailing Duty Administrative Review
and Rescission in Part; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain producers/exporters of certain hot-rolled steel flat
products (hot-rolled steel) from the Republic of Korea (Korea) received
countervailable subsidies during the period of review (POR) January 1,
2019, through December 31, 2019. Additionally, we are rescinding this
review with respect to 13 companies. We invite interested parties to
comment on these preliminary results.
DATES: Applicable November 4, 2021.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2517.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 2020, Commerce published a notice of initiation of
an administrative review of the countervailing duty (CVD) order on hot-
rolled steel from Korea.\1\ On January 12, 2021, Commerce selected
Hyundai Steel as the mandatory respondent in this administrative
review.\2\ On June 16, 2021, Commerce extended the deadline for the
preliminary results of this review.\3\ The revised deadline for these
preliminary results is now October 29, 2021.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 78990 (December 8, 2020); see also
Certain Hot-Rolled Steel Flat Products from Brazil and the Republic
of Korea: Amended Final Affirmative Countervailing Duty
Determinations and Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
\2\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order of Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Respondent Selection,'' dated January
12, 2021.
\3\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated June
16, 2021.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included at Appendix I to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, 2019:
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is hot-rolled steel from Korea.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90
[[Page 60798]]
days of the date of publication of the notice of initiation. Commerce
received a timely-filed withdrawal request from the petitioners,\5\
pursuant to 19 CFR 351.213(d)(1). Because the withdrawal request was
timely filed, and no other party requested a review of these companies,
in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review with respect to the following companies: DCE Inc; Dong Chuel
America Inc.; Dong Chuel Industrial Co., Ltd.; Dongbu Incheon Steel
Co., Ltd.; Dongbu Steel Co., Ltd.; Dongkuk Industries Co., Ltd.;
Dongkuk Steel Mill Co., Ltd.; Hyewon Sni Corporation (H.S.I.); JFE
Shoji Trade Korea Ltd.; POSCO Coated & Color Steel Co., Ltd.; POSCO
Daewoo Corporation; Soon Hong Trading Co., Ltd.; and Sung-A Steel Co.,
Ltd.
---------------------------------------------------------------------------
\5\ The petitioners are AK Steel Corporation, ArcelorMittal USA
LLC, Nucor Corporation (Nucor), SSAB Enterprises, LLC, Steel
Dynamics, Inc., and United States Steel Corporation.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\6\ For a full description of the
methodology underlying all of Commerce's conclusions, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Preliminary Rate for Non-Selected Company Under Review
There is one company in this review that was not selected as a
mandatory respondent, i.e., POSCO. The Act and Commerce's regulations
do not directly address the rates to be applied to companies not
selected for individual examination where Commerce limits its
examination in an administrative review pursuant to section 777A(e)(2)
of the Act. However, Commerce normally determines the rates for non-
selected companies in reviews in a manner that is consistent with
section 705(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available. Commerce is,
accordingly, basing the subsidy rate for POSCO on the rate calculated
for Hyundai Steel.
Preliminary Results of Administrative Review
We preliminarily determine the following net countervailable
subsidy rates for the period January 1, 2019, through December 31,
2019:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Hyundai Steel Co., Ltd.................................... 0.56
POSCO..................................................... 0.56
------------------------------------------------------------------------
Disclosure and Public Comment
We will disclose to the parties in this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\7\ Case briefs, or
other written comments, may be submitted to the Assistant Secretary for
Enforcement and Compliance at a date to be determined. Rebuttal
comments (rebuttal briefs), limited to issues raised in case briefs,
may be filed within seven days \8\ after the time limit for filing case
briefs. Parties who submit arguments are requested to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\9\ All briefs must be filed
electronically using ACCESS. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information under further notice.\10\
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\7\ See 19 CFR 351.224(b).
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020) (Temporary Rule).
\9\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\10\ See Temporary Rule.
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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 by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.\11\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Issues
addressed at the hearing will be limited to those raised in the briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a time and date to be determined. Parties should confirm the
date and time of the hearing two days before the scheduled date.
Parties are reminded that all briefs and hearing requests must be filed
electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date.
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\11\ See 19 CFR 351.310(c).
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Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act, upon issuance of the
final results, Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. If the assessment rate calculated in the final results in
zero or de minimis, we will instruct CBP to liquidate all appropriate
entries without regard to countervailing duties. 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
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies listed
above, except, where the rate calculated in the final results is de
minimis, no cash deposit will be required on shipments of the subject
merchandise entered or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. For
all non-reviewed firms, we will instruct CBP to continue to collect
cash deposits of estimated countervailing duties at the most recent
company-specific or all-others rate applicable to the company, as
appropriate. These cash deposits, when imposed, shall remain in effect
until further notice.
Final Results of Review
Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1), unless this deadline is extended.
[[Page 60799]]
Notice to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213
and 19 CFR 351.221(b)(4).
Dated: October 29, 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. Period of Review
IV. Partial Rescission of Administrative Review
V. Scope of the Order
VI. Non-Selected Company Under Review
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2021-24080 Filed 11-3-21; 8:45 am]
BILLING CODE 3510-DS-P
