Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2019, 79-80 [2021-28403]

Download as PDF Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices International Trade Administration [C–580–837] Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to Hyundai Steel Co., Ltd. (Hyundai Steel), a producer and exporter of certain cut-to-length carbonquality steel plate from the Republic of Korea (Korea). The period of review (POR) is January 1, 2019, through December 31, 2019. DATES: Applicable January 3, 2022. FOR FURTHER INFORMATION CONTACT: John Conniff or David Lindgren, 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) 482–1009 or (202) 482–1671. SUPPLEMENTARY INFORMATION: AGENCY: Background Commerce published the Preliminary Results of this review on June 30, 2021.1 On October 1, 2021, Commerce extended the final results of review to December 23, 2021.2 Subsequently, on October 20, 2021, Commerce issued its post-preliminary analysis.3 For a description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.4 khammond on DSKJM1Z7X2PROD with NOTICES Scope of the Order 5 The product covered by this Order is certain cut-to-length carbon-quality steel 1 See Certain Cut-To-Length Carbon-Quality Steel Plate from the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review; 2019, 86 FR 34718 (June 30, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Extension of Deadline for Preliminary Results,’’ dated October 1, 2021. 3 See Memorandum, ‘‘Countervailing Duty Administrative Review of Certain Cut-To Length Carbon-Quality Steel Plate from the Republic of Korea; 2019: Post-Preliminary Analysis Memorandum,’’ dated October 19, 2021 (PostPreliminary Analysis Memorandum). 4 See Memorandum, ‘‘Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review, 2019: Certain Cut-ToLength Carbon-Quality Steel Plate from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 See Notice of Amended Final Determination: Certain Cut-to-Length Carbon-Quality Steel Plate 17:14 Dec 30, 2021 Jkt 256001 we will determine an all-others rate by weight-averaging the countervailable subsidy rates established for each of the companies individually investigated, Analysis of Comments Received excluding zero and de minimis rates or All issues raised in interested parties’ any rates based solely on the facts briefs are addressed in the Issues and available. Decision Memorandum, which is hereby Accordingly, to determine the rate for adopted by this notice. A list of topics companies not selected for individual discussed in the Issues and Decision examination, Commerce’s practice is to Memorandum is included as an weight average the net subsidy rates for appendix to this notice. The Issues and the selected mandatory companies, Decision Memorandum is a public excluding rates that are zero, de document and is on file electronically minimis, or based entirely on facts via Enforcement and Compliance’s available.6 Because we have determined Antidumping and Countervailing Duty that Hyundai Steel received Centralized Electronic Service System countervailing subsidies that are above (ACCESS). ACCESS is available to de minimis and are not based entirely registered users at https:// on facts available, we will apply access.trade.gov. In addition, a complete Hyundai Steel’s net subsidy rate to the version of the Issues and Decision non-selected companies Dongkuk Steel Memorandum can be accessed directly Mill Co., Ltd., BDP International and at https://access.trade.gov/public/ Sung Jin Steel Co., Ltd. See the Issues FRNoticesListLayout.aspx. and Decisions Memorandum for a discussion of assigning this rate to DSM. Changes Since the Preliminary Results After evaluating the comments Methodology received from interested parties and Commerce conducted this review in record information, we have made no accordance with section 751(a)(1)(A) of changes to the net subsidy rate the Act. For each of the subsidy preliminarily calculated for Hyundai programs found countervailable, we Steel in the Preliminary Results as find that there is a subsidy, i.e., a updated in the post-preliminary government-provided financial analysis. However, as discussed in the contribution that gives rise to a benefit section below, we have revised the rate to the recipient, and that the subsidy is for the non-selected companies as specific.7 For a description of the calculated in the Preliminary Results. methodology underlying all of For a discussion of these comments, see Commerce’s conclusions, see the Issues the Issues and Decision Memorandum. and Decision Memorandum. Companies Not Selected for Individual Final Results of Administrative Review Review We determine that, for the period The Act and Commerce’s regulations January 1, 2019, through December 31, do not directly address the subsidy rate 2019, the following net countervailable to be applied to companies not selected subsidy rates exist: for individual examination where Commerce limits its examination in an Subsidy rate administrative review pursuant to Company (percent ad section 777A(e)(2) of the Tariff Act of valorem) 1930, as amended (the Act). However, Commerce normally determines the Hyundai Steel Co., Ltd ......... 0.56 rates for non-selected companies in Dongkuk Steel Mill Co., Ltd .. 0.56 BDP International ................. 0.56 reviews in a manner that is consistent Sung Jin Steel Co., Ltd ........ 0.56 with section 705(c)(5) of the Act, which provides instructions for calculating the Disclosure all-others rate in an investigation. Section 777A(e)(2) of the Act provides No changes were made to the that ‘‘the individual countervailable preliminary and post-preliminary subsidy rates determined under calculations for Hyundai Steel; subparagraph (A) shall be used to therefore, there are no calculations to determine the all-others rate under release for Hyundai Steel. section 705(c)(5) {of the Act}.’’ Section 705(c)(5)(A) of the Act states that for 6 See, e.g., Certain Pasta from Italy: Final Results companies not investigated, in general, of the 13th (2008) Countervailing Duty plate. For a complete description of the scope of this order, see the Issues and Decision Memorandum. DEPARTMENT OF COMMERCE VerDate Sep<11>2014 79 from India and the Republic of Korea; and Notice of Countervailing Duty Orders: Certain Cut-toLength Carbon-Quality Steel Plate from France, India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000) (Order). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Administrative Review, 75 FR 37386, 37387 (June 29, 2010). 7 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. E:\FR\FM\03JAN1.SGM 03JAN1 80 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices Assessment Rate Pursuant to section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce will 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, for Hyundai Steel at the applicable ad valorem assessment rate listed. 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 Rates 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 on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative 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. khammond on DSKJM1Z7X2PROD with NOTICES This notice also serves as a final 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 proceeding. Timely written notification of the return/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. Notice to Interested Parties These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). 17:14 Dec 30, 2021 Jkt 256001 Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Scope of the Order V. Period of Review VI. Subsidies Valuation Information VII. Analysis of Programs VIII. Discussion of Comments Comment 1: Whether the Korea Emissions Trading System is Countervailable Comment 2: Whether Provision of Port Usage Rights at the Port of Incheon is Countervailable Comment 3: Whether Electricity is Subsidized by the Government of the Republic of Korea Comment 4: Whether Commerce Should Select Dongkuk Steel Mill Co., Ltd. as a Voluntary Respondent Comment 5: Selection of a Final Rate for Dongkuk Steel Mill Co., Ltd. IX. Recommendation [FR Doc. 2021–28403 Filed 12–30–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF EDUCATION [Docket No.: ED–2021–SCC–0146] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Magnet Schools Assistance Program— Government Performance and Results Act (GPRA) Table Form Office of Innovation and Improvement (OII), Department of Education (ED). ACTION: Notice. AGENCY: Administrative Protective Order VerDate Sep<11>2014 Dated: December 23, 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. In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension without change of a currently approved collection. DATES: Interested persons are invited to submit comments on or before February 2, 2022. ADDRESSES: Written comments and recommendations for proposed information collection requests should be sent within 30 days of publication of this notice to www.reginfo.gov/public/ do/PRAMain. Find this information collection request by selecting ‘‘Department of Education’’ under ‘‘Currently Under Review,’’ then check ‘‘Only Show ICR for Public Comment’’ checkbox. Comments may also be sent to ICDocketmgr@ed.gov. SUMMARY: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 For specific questions related to collection activities, please contact Gillian CohenBoyer, (202) 401–1259. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: Magnet Schools Assistance Program—Government Performance and Results Act (GPRA) Table Form. OMB Control Number: 1855–0025. Type of Review: Extension without change of a currently approved collection. Respondents/Affected Public: State, Local, and Tribal Governments. Total Estimated Number of Annual Responses: 162. Total Estimated Number of Annual Burden Hours: 81. Abstract: This is a request for extension of a currently approved collection. The collection of this information is part of the governmentwide effort to improve the performance and accountability of all federal programs, under the Government Performance and Results Act (GPRA) passed in 1993, the Uniform Guidance, and the Education Department General Administrative Requirements (EDGAR). Under GPRA, a process for using performance indicators to set program performance goals and to measure and FOR FURTHER INFORMATION CONTACT: E:\FR\FM\03JAN1.SGM 03JAN1

Agencies

[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 79-80]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28403]



[[Page 79]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-837]


Certain Cut-to-Length Carbon-Quality Steel Plate From the 
Republic of Korea: Final Results of Countervailing Duty Administrative 
Review; 2019

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to Hyundai Steel Co., Ltd. 
(Hyundai Steel), a producer and exporter of certain cut-to-length 
carbon-quality steel plate from the Republic of Korea (Korea). The 
period of review (POR) is January 1, 2019, through December 31, 2019.

DATES: Applicable January 3, 2022.

FOR FURTHER INFORMATION CONTACT: John Conniff or David Lindgren, 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) 482-1009 or (202) 482-1671.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this review on June 
30, 2021.\1\ On October 1, 2021, Commerce extended the final results of 
review to December 23, 2021.\2\ Subsequently, on October 20, 2021, 
Commerce issued its post-preliminary analysis.\3\ For a description of 
the events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\4\
---------------------------------------------------------------------------

    \1\ See Certain Cut-To-Length Carbon-Quality Steel Plate from 
the Republic of Korea: Preliminary Results of Countervailing Duty 
Administrative Review; 2019, 86 FR 34718 (June 30, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated October 1, 2021.
    \3\ See Memorandum, ``Countervailing Duty Administrative Review 
of Certain Cut-To Length Carbon-Quality Steel Plate from the 
Republic of Korea; 2019: Post-Preliminary Analysis Memorandum,'' 
dated October 19, 2021 (Post-Preliminary Analysis Memorandum).
    \4\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review, 2019: Certain Cut-
To-Length Carbon-Quality Steel Plate from the Republic of Korea,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order 5
---------------------------------------------------------------------------

    \5\ See Notice of Amended Final Determination: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of 
Korea; and Notice of Countervailing Duty Orders: Certain Cut-to-
Length Carbon-Quality Steel Plate from France, India, Indonesia, 
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000) 
(Order).
---------------------------------------------------------------------------

    The product covered by this Order is certain cut-to-length carbon-
quality steel plate. For a complete description of the scope of this 
order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum, which is hereby adopted by this 
notice. A list of topics discussed in the Issues and Decision 
Memorandum is included as an 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

    After evaluating the comments received from interested parties and 
record information, we have made no changes to the net subsidy rate 
preliminarily calculated for Hyundai Steel in the Preliminary Results 
as updated in the post-preliminary analysis. However, as discussed in 
the section below, we have revised the rate for the non-selected 
companies as calculated in the Preliminary Results. For a discussion of 
these comments, see the Issues and Decision Memorandum.

Companies Not Selected for Individual Review

    The Act and Commerce's regulations do not directly address the 
subsidy rate 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 Tariff Act of 1930, as 
amended (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 777A(e)(2) 
of the Act provides that ``the individual countervailable subsidy rates 
determined under subparagraph (A) shall be used to determine the all-
others rate under section 705(c)(5) {of the Act{time} .'' Section 
705(c)(5)(A) of the Act states that for companies not investigated, in 
general, we will determine an all-others rate by weight-averaging the 
countervailable subsidy rates established for each of the companies 
individually investigated, excluding zero and de minimis rates or any 
rates based solely on the facts available.
    Accordingly, to determine the rate for companies not selected for 
individual examination, Commerce's practice is to weight average the 
net subsidy rates for the selected mandatory companies, excluding rates 
that are zero, de minimis, or based entirely on facts available.\6\ 
Because we have determined that Hyundai Steel received countervailing 
subsidies that are above de minimis and are not based entirely on facts 
available, we will apply Hyundai Steel's net subsidy rate to the non-
selected companies Dongkuk Steel Mill Co., Ltd., BDP International and 
Sung Jin Steel Co., Ltd. See the Issues and Decisions Memorandum for a 
discussion of assigning this rate to DSM.
---------------------------------------------------------------------------

    \6\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
---------------------------------------------------------------------------

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we find 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.\7\ For a description of 
the methodology underlying all of Commerce's conclusions, see the 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \7\ 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.
---------------------------------------------------------------------------

Final Results of Administrative Review

    We determine that, for the period January 1, 2019, through December 
31, 2019, the following net countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Hyundai Steel Co., Ltd..................................            0.56
Dongkuk Steel Mill Co., Ltd.............................            0.56
BDP International.......................................            0.56
Sung Jin Steel Co., Ltd.................................            0.56
------------------------------------------------------------------------

Disclosure

    No changes were made to the preliminary and post-preliminary 
calculations for Hyundai Steel; therefore, there are no calculations to 
release for Hyundai Steel.

[[Page 80]]

Assessment Rate

    Pursuant to section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
Commerce will 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, for Hyundai Steel at the applicable ad valorem assessment rate 
listed. 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 Rates

    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 on shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this administrative 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.

Administrative Protective Order

    This notice also serves as a final 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 
proceeding. Timely written notification of the return/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.

Notice to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: December 23, 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. List of Issues
III. Background
IV. Scope of the Order
V. Period of Review
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of Comments
    Comment 1: Whether the Korea Emissions Trading System is 
Countervailable
    Comment 2: Whether Provision of Port Usage Rights at the Port of 
Incheon is Countervailable
    Comment 3: Whether Electricity is Subsidized by the Government 
of the Republic of Korea
    Comment 4: Whether Commerce Should Select Dongkuk Steel Mill 
Co., Ltd. as a Voluntary Respondent
    Comment 5: Selection of a Final Rate for Dongkuk Steel Mill Co., 
Ltd.
IX. Recommendation

[FR Doc. 2021-28403 Filed 12-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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