Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2019-2020, 6483-6485 [2022-02308]
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Federal Register
Vol. 87, No. 24
Friday, February 4, 2022
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lotter on DSK11XQN23PROD with NOTICES1
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SUMMARY:
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18:50 Feb 03, 2022
Jkt 256001
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David Mussatt,
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[FR Doc. 2022–02384 Filed 2–3–22; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–887]
Carbon and Alloy Steel Cut-to-Length
Plate From the Republic of Korea:
Final Results of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on carbon and
alloy steel cut-to-length plate from the
Republic of Korea. The period of review
(POR) is May 1, 2019, through April 30,
2020. The review covers one producer/
exporter of the subject merchandise,
POSCO and its affiliated companies
(collectively, the POSCO single entity).
We determine that sales of subject
merchandise by the POSCO single entity
were not made at prices below normal
value (NV).
DATES: Applicable February 4, 2022.
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Janae Martin or William Horn, 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) 482–0608 or (202) 482–4868,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results on August 6, 2021.1 We invited
interested parties to comment on the
Preliminary Results. For a complete
description of the events that occurred
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.2
Scope of the Order 3
The merchandise subject to the Order
is carbon and alloy steel cut-to-length
plate. The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7225.40.1110, 7225.40.1180,
7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the Order may
also enter under the following HTSUS
subheadings: 7208.40.6060,
7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000,
7211.19.1500, 7211.19.2000,
7211.19.4500, 7211.19.6000,
7211.19.7590, 7211.90.0000,
7212.40.1000, 7212.40.5000,
1 See Carbon and Alloy Steel Cut-to-Length Plate
from the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2019–
2020; 86 FR 43178 (August 6, 2021) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results in the 2019–
2020 Antidumping Duty Administrative Review of
Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096 (May 25, 2017) (Order).
E:\FR\FM\04FEN1.SGM
04FEN1
6484
Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices
7212.50.0000, 7214.10.000,
7214.30.0010, 7214.30.0080,
7214.91.0015, 7214.91.0060,
7214.91.0090, 7225.11.0000,
7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160,
7225.40.7000, 7225.99.0010,
7225.99.0090, 7206.11.1000,
7226.11.9060, 7229.19.1000,
7226.19.9000, 7226.91.0500,
7226.91.1530, 7226.91.1560,
7226.91.2530, 7226.91.2560,
7226.91.7000, 7226.91.8000, and
7226.99.0180.
The HTSUS subheadings are provided
for convenience and customs purposes
only; the written product description of
the scope of the Order is dispositive. For
a complete description of the scope of
the Order, see the accompanying Issues
and Decisions Memorandum.4
Normally, Commerce will disclose to
the parties in a proceeding the
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.
Assessment Rates
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with these
final results of review.6 Because the
weighted-average dumping margin for
the POSCO single entity is zero percent,
we will instruct CBP to liquidate the
Analysis of Comments Received
appropriate entries without regard to
antidumping duties.7
All issues raised in the parties’ case
Commerce’s ‘‘reseller policy’’ will
and rebuttal briefs are addressed in the
apply to entries of subject merchandise
Issues and Decision Memorandum and
are listed in the appendix to this notice. during the POR produced by companies
included in these final results of review
The Issues and Decision Memorandum
for which the reviewed companies did
is a public document and is on-file
not know that the merchandise they
electronically via Enforcement and
sold to the intermediary (e.g., a reseller,
Compliance’s Antidumping and
trading company, or exporter) was
Countervailing Duty Centralized
destined for the United States. In such
Electronic Service System (ACCESS).
instances, we will instruct CBP to
ACCESS is available to registered users
at https://access.trade.gov. In addition, a liquidate unreviewed entries at the allothers rate if there is no rate for the
complete version of the Issues and
Decision Memorandum can be accessed intermediate company(ies) involved in
the transaction.8
directly on the internet at https://
Commerce intends to issue
access.trade.gov/public/FRNotices
assessment instructions to CBP no
ListLayout.aspx.
earlier than 35 days after the date of
Changes Since the Preliminary Results
publication of the final results of this
Based on the comments received from review in the Federal Register. If a
timely summons is filed at the U.S.
interested parties and record
information, we made no changes to our Court of International Trade, the
assessment instructions will direct CBP
preliminary margin calculations for the
not to liquidate relevant entries until the
POSCO single entity.
Final Results of the Review
lotter on DSK11XQN23PROD with NOTICES1
As a result of this review, we
determine the following weightedaverage dumping margin exists for the
POR:
Exporter or producer
Weightedaverage
dumping
margin
(percent)
POSCO single entity 5 ................
00.00
Disclosure
4 See
Issues and Decisions Memorandum at 2–7.
continues to determine that POSCO,
POSCO International Corporation, POSCO SPS, and
certain distributors and service centers (Taechang
Steel Co., Ltd., Winsteel Co., Ltd., and Shinjin Esco
5 Commerce
VerDate Sep<11>2014
18:50 Feb 03, 2022
Jkt 256001
Co., Ltd.) are affiliated pursuant to section
771(33)(E) of the Tariff Act of 1930, as amended
(the Act), and that these companies should be
treated as a single entity (collectively, the POSCO
single entity) pursuant to 19 CFR 351.401(f). Our
collapsing determination with respect to Shinjin
Esco Co., Ltd. relates only to the portion of the POR
during which the company was affiliated with
POSCO, i.e., from May 1, 2019, to February 10,
2020. See Preliminary Results; see also
Memorandum, ‘‘2019–2020 Antidumping Duty
Administrative Review of Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Republic of
Korea: Affiliation and Collapsing Memorandum,’’
dated July 30, 2021.
6 See 19 CFR 351.212(b).
7 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102
(February 14, 2012).
8 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for the POSCO single
entity will be equal to the weightedaverage dumping margin established in
the final results of this administrative
review (i.e., zero percent); (2) for
merchandise exported by a producer or
exporter not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which the producer or exporter
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original less-than-fairvalue (LTFV) investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers and exporters will continue
to be 7.10 percent ad valorem, the allothers rate established in the LTFV
investigation.9
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also 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 the 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 Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
9 See
E:\FR\FM\04FEN1.SGM
Order, 82 FR 24098.
04FEN1
Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices
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 the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: January 28, 2022.
Lisa W. Wang,
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. The POSCO Single Entity
V. Discussion of the Issues
Comment 1: Collapsing Taechang and
Winsteel with POSCO
VI. Recommendation
[FR Doc. 2022–02308 Filed 2–3–22; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Final Results
of Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers
and/or exporters subject to this
administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR),
May 1, 2019, through April 30, 2020.
Additionally, Commerce determines
that a company for which we initiated
a review had no shipments during the
POR.
DATES: Applicable February 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or David Crespo, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
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18:50 Feb 03, 2022
Jkt 256001
(202) 482–4682 or (202) 482–3693,
respectively.
merchandise subject to this scope is
dispositive.5
SUPPLEMENTARY INFORMATION:
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum. 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.
Background
This review covers ten producers and/
or exporters of the subject merchandise.
Commerce selected two companies,
NLMK Verona SpA (NVR) and Officine
Tecnosider s.r.l. (OTS), for individual
examination. The producers and/or
exporters not selected for individual
examination are listed in the ‘‘Final
Results of the Review’’ section of this
notice.
On August 4, 2021, Commerce
published the Preliminary Results.1 In
September 2021, certain of the
petitioners 2 and NVR submitted case
and rebuttal briefs. On November 30,
2021, we extended the deadline for the
final results by 57 days, until January
28, 2022.3 For a description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.4
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
BILLING CODE 3510–DS–P
6485
The products covered by the order are
certain carbon and alloy steel hot-rolled
or forged flat plate products not in coils,
whether or not painted, varnished, or
coated with plastics or other nonmetallic substances from Italy. Products
subject to the order are currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers: 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7225.40.1110, 7225.40.1180,
7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Italy: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019–
2020, 86 FR 41953 (August 4, 2021) (Preliminary
Results).
2 Nucor Corporation.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2019–2020 Antidumping Duty
Administrative Review,’’ dated November 30, 2021.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2019–
2020 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel CutTo-Length Plate from Italy,’’ dated concurrently
with, and hereby adopted by, these results (Issues
and Decision Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
Determination of No Shipments
As noted in the Preliminary Results,
we received a no-shipment claim from
one company involved in this
administrative review, Lyman Steel
Company (Lyman). In the Preliminary
Results, we preliminarily determined
that Lyman had no reviewable
transactions during the POR. We
received no comments from interested
parties with respect to this claim.
Therefore, because the record indicates
that this company did not export subject
merchandise to the United States during
the POR, we continue to find that
Lyman had no reviewable transactions
during the POR. Accordingly, consistent
with Commerce’s practice, we intend to
instruct U.S. Customs and Border
Protection (CBP) to liquidate any
existing entries of merchandise
produced by Lyman, but exported by
other parties, at the rate for the
intermediate reseller, if available, or at
the all-others rate.6
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made changes to the
preliminary weighted-average margin
calculations for OTS, NVR, and those
companies not selected for individual
review.7
Rate for Non-Selected Respondents
The Act and Commerce’s regulations
do not address the establishment of a
5 For a full description of the scope of the order,
see Issues and Decision Memorandum.
6 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
7 See Issues and Decision Memorandum.
E:\FR\FM\04FEN1.SGM
04FEN1
]]>Agencies
[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6483-6485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02308]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-887]
Carbon and Alloy Steel Cut-to-Length Plate 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) is conducting an
administrative review of the antidumping duty order on carbon and alloy
steel cut-to-length plate from the Republic of Korea. The period of
review (POR) is May 1, 2019, through April 30, 2020. The review covers
one producer/exporter of the subject merchandise, POSCO and its
affiliated companies (collectively, the POSCO single entity). We
determine that sales of subject merchandise by the POSCO single entity
were not made at prices below normal value (NV).
DATES: Applicable February 4, 2022.
FOR FURTHER INFORMATION CONTACT: Janae Martin or William Horn, 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) 482-0608 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on August 6, 2021.\1\ We
invited interested parties to comment on the Preliminary Results. For a
complete description of the events that occurred subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020; 86 FR 43178 (August 6, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the 2019-2020 Antidumping Duty Administrative
Review of Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096 (May 25, 2017) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is carbon and alloy steel cut-
to-length plate. The product is currently classified under the
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and
7226.91.5000.
The products subject to the Order may also enter under the
following HTSUS subheadings: 7208.40.6060, 7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000,
[[Page 6484]]
7212.50.0000, 7214.10.000, 7214.30.0010, 7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090,
7206.11.1000, 7226.11.9060, 7229.19.1000, 7226.19.9000, 7226.91.0500,
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings are provided for convenience and customs
purposes only; the written product description of the scope of the
Order is dispositive. For a complete description of the scope of the
Order, see the accompanying Issues and Decisions Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Issues and Decisions Memorandum at 2-7.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed 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 on the internet at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on the comments received from interested parties and record
information, we made no changes to our preliminary margin calculations
for the POSCO single entity.
Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margin exists for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
POSCO single entity \5\.................................... 00.00
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\5\ Commerce continues to determine that POSCO, POSCO
International Corporation, POSCO SPS, and certain distributors and
service centers (Taechang Steel Co., Ltd., Winsteel Co., Ltd., and
Shinjin Esco Co., Ltd.) are affiliated pursuant to section
771(33)(E) of the Tariff Act of 1930, as amended (the Act), and that
these companies should be treated as a single entity (collectively,
the POSCO single entity) pursuant to 19 CFR 351.401(f). Our
collapsing determination with respect to Shinjin Esco Co., Ltd.
relates only to the portion of the POR during which the company was
affiliated with POSCO, i.e., from May 1, 2019, to February 10, 2020.
See Preliminary Results; see also Memorandum, ``2019-2020
Antidumping Duty Administrative Review of Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Republic of Korea: Affiliation
and Collapsing Memorandum,'' dated July 30, 2021.
---------------------------------------------------------------------------
Normally, Commerce will disclose to the parties in a proceeding the
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.
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with these final results of
review.\6\ Because the weighted-average dumping margin for the POSCO
single entity is zero percent, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\7\
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\6\ See 19 CFR 351.212(b).
\7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\8\
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\8\ 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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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the POSCO single
entity will be equal to the weighted-average dumping margin established
in the final results of this administrative review (i.e., zero
percent); (2) for merchandise exported by a producer or exporter not
covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which the producer or exporter participated; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original less-than-fair-value (LTFV) investigation, but the producer
is, the cash deposit rate will be the rate established for the most
recently completed segment of the proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers and
exporters will continue to be 7.10 percent ad valorem, the all-others
rate established in the LTFV investigation.\9\
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\9\ See Order, 82 FR 24098.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 the 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 Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance
[[Page 6485]]
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 the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: January 28, 2022.
Lisa W. Wang,
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. The POSCO Single Entity
V. Discussion of the Issues
Comment 1: Collapsing Taechang and Winsteel with POSCO
VI. Recommendation
[FR Doc. 2022-02308 Filed 2-3-22; 8:45 am]
BILLING CODE 3510-DS-P
