Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2019-2020, 70111-70112 [2021-26655]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70111-70112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26655]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-878]


Certain Corrosion-Resistant Steel Products From the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review; 2019-
2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Dongkuk 
Steel Mill Co., Ltd. (Dongkuk) made sales of subject merchandise in the 
United States at prices below normal value (NV) during the period of 
review (POR) July 1, 2019, through June 30, 2020. In addition, Commerce 
determines that Hyundai Steel Company (Hyundai) did not make sales of 
subject merchandise in the United States at prices below NV during the 
POR.

DATES: Applicable December 9, 2021.

FOR FURTHER INFORMATION CONTACT: Jaron Moore or Brian Smith, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3640 or (202) 
482-1766, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2021, Commerce published the preliminary results of 
the 2019-2020 administrative review of the antidumping duty order on 
certain corrosion-resistant steel products (CORE) from the Republic of 
Korea (Korea).\1\ The administrative review covers nine exporters and/
or producers of the subject merchandise,\2\ of which we selected 
Dongkuk and Hyundai as mandatory respondents.\3\ For the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\4\ Commerce conducted this review in accordance with 
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Corrosion-Resistant Steel Products from the 
Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review, 2019-2020, 86 FR 42784 (August 5, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ The nine companies are: (1) Dongbu Incheon Steel Co., Ltd.; 
(2) Dongbu Steel Co., Ltd.; (3) KG Dongbu Steel Co., Ltd. (formerly 
Dongbu Steel Co., Ltd.); (4) Dongkuk Steel Mill Co., Ltd. (Dongkuk); 
(5) Hyundai Steel Company (Hyundai); (6) POSCO; (7) POSCO Coated & 
Color Steel Co., Ltd.; (8) POSCO Daewoo Corporation; and (9) POSCO 
International Corporation (formerly, POSCO Daewoo Corporation).
    \3\ See Preliminary Results, 86 FR at 42785.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 Antidumping Duty Administrative 
Review: Certain Corrosion-Resistant Steel Products from the Republic 
of Korea,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order \5\
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    \5\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016) (Order).
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    The merchandise covered by the Order is CORE from Korea. A full 
description of the scope of the Order is contained in the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. A list of the issues 
addressed in the Issues and Decision Memorandum is in the appendix to 
this notice. 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 version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    We made no changes to the Preliminary Results.

Rates for Companies Not Selected for Individual Examination

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to individual 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 an 
investigation, for guidance when calculating the rate for companies 
which we did not individually examine in an administrative review. 
Section 735(c)(5)(A) of the Act establishes a preference to avoid using 
rates which are zero, de minimis, or based entirely on facts available 
(FA) in calculating an all-others rate. Accordingly, Commerce's 
practice in administrative reviews has been to average the weighted-
average dumping margins for the companies selected for individual 
examination in the administrative review, excluding rates that are 
zero, de minimis, or based entirely on FA.\6\ For these final results 
of review, we calculated a weighted-average dumping margin for Dongkuk 
that is not zero, de minimis, or based entirely on FA. Therefore, 
consistent with our practice, we have assigned the companies not 
selected for individual examination the weighted-average dumping margin 
calculated for Dongkuk.
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    \6\ See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews and Rescission of Reviews in 
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying 
Issues and Decision Memorandum at Comment 16.
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Final Results of the Administrative Review

    We determine that the following weighted-average dumping margins 
exists for the period July 1, 2019, through June 30, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Dongkuk Steel Mill Co., Ltd.................................        0.59
Hyundai Steel Company.......................................        0.00
KG Dongbu Steel Co., Ltd. (formerly Dongbu Steel Co., Ltd.)/        0.59
 Dongbu Incheon Steel Co., Ltd \7\..........................
POSCO.......................................................        0.59
POSCO Daewoo Corporation....................................        0.59
POSCO International Corporation (formerly POSCO Daewoo              0.59
 Corporation)...............................................
POSCO Coated & Color Steel Co., Ltd.........................        0.59
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Disclosure

    Normally, Commerce will disclose to the parties in a proceeding the

[[Page 70112]]

calculations performed in connection with a final results of review, in 
accordance with 19 CFR 351.224(b). However, because Commerce made no 
adjustments to the margin calculation methodology used in the 
Preliminary Results, there are no additional calculations to disclose 
for the final results of this review.
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    \7\ In a recently completed changed circumstances review, 
Commerce found that KG Dongbu Steel Co., Ltd. is the successor-in-
interest to Dongbu Steel Co., Ltd. for purposes of determining 
antidumping cash deposits and liabilities. See Certain Cold-Rolled 
Steel Flat Products and Certain Corrosion-Resistant Steel Products 
from the Republic of Korea: Final Results of Antidumping and 
Countervailing Duty Changed Circumstances Reviews, 86 FR 10922 
(February 23, 2021). Also, in the previous segment of this 
proceeding, Dongbu Steel Co., Ltd. and Dongbu Incheon Steel Co., 
Ltd. were collapsed and treated as a single entity for antidumping 
purposes. See Certain Corrosion-Resistant Steel Products from the 
Republic of Korea: Preliminary Results and Partial Rescission of 
Antidumping Duty Administrative Review; 2018-2019, 85 FR 74987 
(November 24, 2020), unchanged in Corrosion-Resistant Steel Products 
from the Republic of Korea: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2018-
2019, 86 FR 28571 (May 27, 2021). As the facts have not changed with 
respect to these companies, we continue to treat them as a single 
entity for purposes of this review.
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Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).
    Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the 
entered value of its U.S. sales, we calculated importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales for which entered value was reported. Where the respondent 
did not report entered value, we calculated importer-specific per-unit 
duty assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
quantity of those sales. Where either the respondent's weighted-average 
dumping margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), or an importer-specific assessment rate is de minimis 
(i.e., less than 0.5 percent), we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. To determine 
whether an importer-specific per-unit duty assessment rate is de 
minimis, we calculated an estimated entered value.
    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.\8\
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    \8\ See section 751(a)(2)(C) of the Act.
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    Consistent with Commerce's clarification of its assessment 
practice, for entries of subject merchandise during the POR produced by 
any of the above-referenced respondents for which they did not know 
that the merchandise was destined for the United States, we will 
instruct CBP to liquidate those entries at the all-others rate in the 
original less-than-fair-value (LTFV) investigation (as amended) \9\ if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\10\
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    \9\ See Order; and Certain Corrosion-Resistant Steel Products 
from the Republic of Korea: Notice of Court Decision Not in Harmony 
with Final Determination of Investigation and Notice of Amended 
Final Results, 83 FR 39054 (August 8, 2018) (Timken and Amended 
Final Results).
    \10\ 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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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of CORE from Korea entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rate for 
each company listed above will be equal to the weighted-average dumping 
margin established in the final results of this review; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior completed 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, a prior review, or 
the original LTFV 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 8.31 percent, the all-others rate established in the LTFV 
investigation (as amended) in this proceeding.\11\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \11\ See Order, as amended by Timken and Amended Final Results.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these results of administrative 
review in accordance with sections 751(a) and 777(i) of the Act, and 19 
CFR 351.221(b)(5).

    Dated: December 3, 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue
    Comment: Whether to Use Two Clad Material/Coating Metal Codes 
Created By Dongkuk
V. Recommendation

[FR Doc. 2021-26655 Filed 12-8-21; 8:45 am]
BILLING CODE 3510-DS-P