Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 428-429 [2021-28556]

Download as PDF 428 Federal Register / Vol. 87, No. 3 / Wednesday, January 5, 2022 / Notices Analysis In the Amended Preliminary Results, Commerce determined that Fufeng was eligible for separate rate status and assigned it a dumping margin of zero percent, which is the dumping margin that Commerce calculated for both of the respondents individually examined in the review. As noted above, no parties commented on the Amended Preliminary Results. In these amended final results of review, we are making no change to and are adopting the decisions in the Preliminary Decision Memorandum. Specifically, we continue to find that Fufeng is eligible for separate rate status and that it is appropriate to assign Fufeng the zero percent dumping margin that Commerce calculated for both of the respondents that it individually examined in the review. Assessment Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930 as amended (the Act), and 19 CFR 351.212(b), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise covered by the amended final results of this review. Because Fufeng’s weighted average dumping margin is zero percent, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.4 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these amended final results of review in the Federal Register.5 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). TKELLEY on DSK125TN23PROD with NOTICE Cash Deposit Requirements The cash deposit rate for Fufeng is zero percent, which will be effective for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of the People’s Republic of China: Decision Memorandum for the Amended Preliminary Results of the 2017–2018 Antidumping Duty Administrative Review’’ (Preliminary Decision Memorandum). 4 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 2012). 5 See Notice of Discontinuation of Policy to Issue Liquidation Instructions After 15 Days in Applicable Antidumping and Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 15, 2021). VerDate Sep<11>2014 18:05 Jan 04, 2022 Jkt 256001 publication of this notice in the Federal Register, as provided for by section 751(a)(2)(C) of the Act. For information regarding the cash deposit requirements established for other companies in this segment of the proceeding, see the Final Results.6 This cash deposit requirement, when imposed, shall remain in effect until further notice. Notification to Importers Administrative Protective Orders This notice also serves as a reminder to parties subject to an 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, 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 which is subject to sanction. Notification to Interested Parties These amended final results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1) and 19 CFR 351.221(b)(5). Dated: December 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. [FR Doc. 2021–28508 Filed 1–4–22; 8:45 am] BILLING CODE 3510–DS–P 6 See Xanthan Gum from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017–2018, 84 FR 64831 (November 25, 2019). Frm 00005 Fmt 4703 Sfmt 4703 International Trade Administration [C–580–884] Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea) would be likely to lead to the continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable January 5, 2022. FOR FURTHER INFORMATION CONTACT: Nathan James, 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) 482–5305. SUPPLEMENTARY INFORMATION: AGENCY: This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. PO 00000 DEPARTMENT OF COMMERCE Background On October 3, 2016, Commerce published in the Federal Register the CVD order on hot-rolled steel from Korea.1 On September 1, 2021, Commerce published the notice of initiation of the first sunset review of the CVD order on hot-rolled steel from Korea, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 Commerce received timely notices of intent to participate from Cleveland-Cliffs Inc. (Cleveland-Cliffs), United States Steel Corporation (U.S. Steel), California Steel Industries (CSI), Steel Dynamics Inc. (SDI), and Nucor Corporation (Nucor) (collectively, domestic interested parties).3 The 1 See 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). 2 See Initiation of Five-Year (Sunset) Reviews, 86 FR 48983 (September 1, 2021). 3 See Cleveland-Cliffs’ Letter, ‘‘Five-Year (‘Sunset’) Review Of Countervailing Duty Order On Certain Hot-Rolled Steel Flat Products from the Republic of Korea: Notice Of Intent To Participate In Sunset Review,’’ dated September 16, 2021; U.S. Steel’s Letter, ‘‘Five-Year (‘Sunset’) Review of Antidumping and Countervailing Duty Orders on Certain Hot-Rolled Steel Flat Products from the Republic of Korea: Notice of Intent to Participate,’’ dated September 16, 2021; CSI/SDI’s Letter, ‘‘Notice of Intent to Participate in the First Five-Year Review of the Countervailing Duty Order on Hot-Rolled E:\FR\FM\05JAN1.SGM 05JAN1 Federal Register / Vol. 87, No. 3 / Wednesday, January 5, 2022 / Notices TKELLEY on DSK125TN23PROD with NOTICE domestic interested parties claimed interested party status under section 771(9)(C) of the Act, as domestic producers of hot-rolled steel. On September 30, 2021, Commerce received a timely and adequate substantive response from the domestic interested parties.4 We received no substantive responses from any other interested parties, including the Government of Korea, nor was a hearing requested. On October 20, 2021, Commerce notified the U.S. International Trade Commission that we did not receive an adequate substantive response from any respondent interested parties.5 As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the CVD order on hotrolled steel from Korea. that revocation of the order would be likely to lead to the continuation or recurrence of countervailable subsidies at the rates listed below: 429 Administration, Department of Commerce. ACTION: Notice of USMCA Request for Panel Review. A Request for Panel Review was filed on behalf of the Government of Canada; Conseil de l’Industrie POSCO ................................. 41.64 Forestiere du Que´bec, Ontario Forest Hyundai Steel Co., Ltd ......... 3.98 All Others .............................. 3.89 Industries Association; Canfor Corporation, Fontaine, Inc., Resolute FP Canada Inc., Tolko Marketing and Sales Notification Regarding Administrative Ltd., Tolko Industries Ltd., Gilbert Protective Order (APO) Smith Forest Products, and West Fraser This notice also serves as the only Mills Ltd. with the United States reminder to parties subject to an APO of Section of the USMCA Secretariat on their responsibility concerning the December 28, 2021, pursuant to USMCA destruction of proprietary information Article 10.12. Panel Review was disclosed under APO in accordance requested of the U.S. International with 19 CFR 351.305. Timely written Trade Administration’s Final Results of notification of the return or destruction the Antidumping Duty Administrative of APO materials or conversion to Review (2019) in Certain Softwood judicial protective order is hereby Lumber from Canada, which was Scope of the Order requested. Failure to comply with the published in the Federal Register on regulations and terms of an APO is a The product covered by this order is December 2, 2021. The USMCA hot-rolled steel. For a full description of sanctionable violation. Secretariat has assigned case number the scope, see the Issues and Decision USA–CDA–2021–10.12–04 to this Notification to Interested Parties Memorandum.6 request. We are issuing and publishing these FOR FURTHER INFORMATION CONTACT: Analysis of Comments Received results in accordance with sections Vidya Desai, Acting United States All issues raised in this sunset review 751(c), 752(b), and 777(i)(1) of the Act, Secretary, USMCA Secretariat, Room and 19 CFR 351.218. are addressed in the accompanying 2061, 1401 Constitution Avenue NW, Issues and Decision Memorandum, Dated: December 29, 2021. Washington, DC 20230, 202–482–5438. which is hereby adopted by this notice. Ryan Majerus, SUPPLEMENTARY INFORMATION: Article A list of the topics discussed in the Deputy Assistant Secretary for Policy and 10.12 of Chapter 10 of USMCA provides Issues and Decision Memorandum is Negotiations, Performing the Non-Exclusive a dispute settlement mechanism attached as an appendix to this notice. Functions and Duties of the Assistant involving trade remedy determinations The Issues and Decision Secretary for Enforcement and Compliance. issued by the Government of the United Memorandum is a public document and States, the Government of Canada, and is on file electronically via Enforcement Appendix the Government of Mexico. Following a and Compliance’s Antidumping and List of Issues Addressed in the Issues and Request for Panel Review, a Binational Countervailing Duty Centralized Decision Memorandum Panel is composed to review the trade Electronic Service System (ACCESS). I. Summary remedy determination being challenged ACCESS is available to registered users II. Background and issue a binding Panel Decision. at https://access.trade.gov. In addition, a III. Scope of the Order There are established USMCA Rules of complete version of the Issues and IV. History of the Order Procedure for Article 10.12 (Binational Decision Memorandum can be accessed V. Legal Framework Panel Reviews), which were adopted by directly at https://access.trade.gov/ VI. Discussion of the Issues the three governments for panels 1. Likelihood of Continuation or public/FRNoticesListLayout.aspx. requested pursuant to Article 10.12(2) of Recurrence of Countervailable Subsidies Final Results of Sunset Review 2. Net Countervailable Subsidy Rates USMCA which requires Requests for Likely to Prevail Panel Review to be published in Pursuant to sections 751(c)(1) and 3. Nature of the Subsidies accordance with Rule 40. For the 752(b) of the Act, Commerce determines VII. Final Results of Review complete Rules, please see https://canVIII. Recommendation Steel Flat Products from Korea,’’ dated September mex-usa-sec.org/secretariat/agreement[FR Doc. 2021–28556 Filed 1–4–22; 8:45 am] 16, 2021; and Nucor’s Letter, ‘‘Hot-Rolled Steel Flat accord-acuerdo/usmca-aceum-tmec/ Products from the Republic of Korea: Notice of BILLING CODE 3510–DS–P rules-regles-reglas/article-articleIntent to Participate in Sunset Review,’’ dated articulo_10_12.aspx?lang=eng. September 16, 2021. 4 See Domestic Interested Parties’ Letter, The Rules provide that: DEPARTMENT OF COMMERCE ‘‘Substantive Response to Notice of Initiation of (a) A Party or interested person may Sunset Review,’’ dated September 30, 2021. challenge the final determination in 5 See Commerce’s Letter, ‘‘Sunset Reviews International Trade Administration whole or in part by filing a Complaint Initiated on September 1, 2021,’’ dated October 20, in accordance with Rule 44 no later than 2021. United States-Mexico-Canada 6 See Memorandum, ‘‘Issues and Decision 30 days after the filing of the first Agreement (USMCA), Article 10.12: Memorandum for the Final Results of the Expedited Request for Panel Review (the deadline Binational Panel Review: Notice of First Sunset Review of the Countervailing Duty for filing a Complaint is January 27, Request for Panel Review Order on Certain Hot-Rolled Steel Flat Products 2022); from the Republic of Korea,’’ dated concurrently (b) A Party, an investigating authority with, and hereby adopted by, this notice (Issues and AGENCY: United States Section, USMCA Secretariat, International Trade Decision Memorandum). or other interested person who does not VerDate Sep<11>2014 18:05 Jan 04, 2022 Jkt 256001 PO 00000 Subsidy rate (percent) Producer/exporter Frm 00006 Fmt 4703 Sfmt 4703 SUMMARY: E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Notices]
[Pages 428-429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28556]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-884]


Certain Hot-Rolled Steel Flat Products From the Republic of 
Korea: Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the countervailing duty (CVD) order on certain hot-rolled steel flat 
products (hot-rolled steel) from the Republic of Korea (Korea) would be 
likely to lead to the continuation or recurrence of countervailable 
subsidies at the levels indicated in the ``Final Results of Sunset 
Review'' section of this notice.

DATES: Applicable January 5, 2022.

FOR FURTHER INFORMATION CONTACT: Nathan James, 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) 482-5305.

SUPPLEMENTARY INFORMATION:

Background

    On October 3, 2016, Commerce published in the Federal Register the 
CVD order on hot-rolled steel from Korea.\1\ On September 1, 2021, 
Commerce published the notice of initiation of the first sunset review 
of the CVD order on hot-rolled steel from Korea, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ Commerce 
received timely notices of intent to participate from Cleveland-Cliffs 
Inc. (Cleveland-Cliffs), United States Steel Corporation (U.S. Steel), 
California Steel Industries (CSI), Steel Dynamics Inc. (SDI), and Nucor 
Corporation (Nucor) (collectively, domestic interested parties).\3\ The

[[Page 429]]

domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act, as domestic producers of hot-rolled 
steel.
---------------------------------------------------------------------------

    \1\ See 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).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 48983 
(September 1, 2021).
    \3\ See Cleveland-Cliffs' Letter, ``Five-Year (`Sunset') Review 
Of Countervailing Duty Order On Certain Hot-Rolled Steel Flat 
Products from the Republic of Korea: Notice Of Intent To Participate 
In Sunset Review,'' dated September 16, 2021; U.S. Steel's Letter, 
``Five-Year (`Sunset') Review of Antidumping and Countervailing Duty 
Orders on Certain Hot-Rolled Steel Flat Products from the Republic 
of Korea: Notice of Intent to Participate,'' dated September 16, 
2021; CSI/SDI's Letter, ``Notice of Intent to Participate in the 
First Five-Year Review of the Countervailing Duty Order on Hot-
Rolled Steel Flat Products from Korea,'' dated September 16, 2021; 
and Nucor's Letter, ``Hot-Rolled Steel Flat Products from the 
Republic of Korea: Notice of Intent to Participate in Sunset 
Review,'' dated September 16, 2021.
---------------------------------------------------------------------------

    On September 30, 2021, Commerce received a timely and adequate 
substantive response from the domestic interested parties.\4\ We 
received no substantive responses from any other interested parties, 
including the Government of Korea, nor was a hearing requested. On 
October 20, 2021, Commerce notified the U.S. International Trade 
Commission that we did not receive an adequate substantive response 
from any respondent interested parties.\5\ As a result, pursuant to 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) sunset review of the CVD order on hot-
rolled steel from Korea.
---------------------------------------------------------------------------

    \4\ See Domestic Interested Parties' Letter, ``Substantive 
Response to Notice of Initiation of Sunset Review,'' dated September 
30, 2021.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on 
September 1, 2021,'' dated October 20, 2021.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this order is hot-rolled steel. For a full 
description of the scope, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order on Certain Hot-Rolled Steel Flat Products 
from the Republic of Korea,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
accompanying Issues and Decision Memorandum, which is hereby adopted by 
this notice. A list of the topics discussed in the Issues and Decision 
Memorandum is attached 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.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the order would be likely to lead to the 
continuation or recurrence of countervailable subsidies at the rates 
listed below:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                        (percent)
------------------------------------------------------------------------
POSCO...................................................           41.64
Hyundai Steel Co., Ltd..................................            3.98
All Others..............................................            3.89
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. 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 sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218.

    Dated: December 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 Issues Addressed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Countervailable 
Subsidies
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation

[FR Doc. 2021-28556 Filed 1-4-22; 8:45 am]
BILLING CODE 3510-DS-P

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