Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 47716-47718 [2022-16639]
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
Antidumping Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS), within 30 days after
the date of publication of these
preliminary results of review.10
ACCESS is available to registered users
at https://access.trade.gov. Rebuttal
briefs, limited to issues raised in the
case briefs, must be filed within seven
days after the time limit for filing case
briefs.11 Parties who submit case or
rebuttal briefs in this proceeding are
requested to submit with each argument
a statement of the issue, a brief
summary of the argument, and a table of
authorities.12
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance within 30
days of the publication of this notice.13
Requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing to be
held.14 Commerce intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and CBP will assess, antidumping
duties on all appropriate entries covered
by this review.15 We intend to instruct
CBP to liquidate entries of subject
merchandise exported by Metalco at the
China-wide entity rate of 199.43
percent.16
Commerce intends to issue
assessment instructions to CBP no
10 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)1) and (2). Commerce
has temporarily modified certain of its requirements
for serving documents containing business
proprietary information until further notice. See
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
12 See 19 CFR 351.309(c) and (d); see also 19 CFR
351.303 (for general filing requirements).
13 See 19 CFR 351.310(c).
14 See 19 CFR 310(d).
15 See 19 CFR 351.212(b)(1).
16 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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11 See
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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
Notification to Importers
This notice also serves as a
preliminary 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
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.
Notification to Interested Parties
Commerce is issuing and publishing
these preliminary results in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213(h) and 19
CFR 351.221(b)(4).
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[FR Doc. 2022–16727 Filed 8–3–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–878]
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review 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 review, as
provided for by section 751(a)(2)(C) of
the Act: (1) for previously investigated
or reviewed Chinese and non-Chinese
exporters who are not under review in
this segment of the proceeding but who
have separate rates, the cash deposit rate
will continue to be the exporter-specific
rate published for the most recent
period; (2) for all Chinese exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be the Chinawide rate of 199.43 percent; and (3) for
all non-Chinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter(s) that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
PO 00000
Dated: July 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain corrosionresistant steel products (CORE) from the
Republic of Korea (Korea) were sold in
the United States at less than normal
value (NV) during the period of review
of July 1, 2020, through June 30, 2021.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Jaron Moore 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) 482–3640 or (202) 482–4868,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce
published the antidumping duty (AD)
order on CORE from Korea.1 Commerce
initiated this administrative review on
September 7, 2021.2 This review covers
eight companies,3 of which we selected
1 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); and Certain
Corrosion-Resistant Steel Products from India, Italy,
the People’s Republic of China, the Republic of
Korea, and Taiwan: Notice of Correction to the
Antidumping Duty Orders, 81 FR 58475 (August 25,
2016).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034, 50040 (September 7, 2021).
3 The eight companies are: Dongbu Incheon Steel
Co., Ltd., Dongbu Steel Co., Ltd., KG Dongbu Steel
Co., Ltd. (formerly Dongbu Steel Co., Ltd.), Dongkuk
Steel Mill Co., Ltd. (Dongkuk), Hyundai Steel
Company (Hyundai), POSCO, POSCO Coated &
Color Steel Co., Ltd., and POSCO International
Corporation (formerly, POSCO Daewoo
Corporation).
E:\FR\FM\04AUN1.SGM
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
Dongkuk and Hyundai as mandatory
respondents.4
On March 23, 2022, we extended the
deadline for the preliminary results of
this review. until July 29, 2022.5 For a
detailed description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.6
Scope of the Order
The merchandise covered by the
Order is CORE from Korea. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.7
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act). Export
price and constructed export price were
calculated in accordance with section
772 of the Act. NV was calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
jspears on DSK121TN23PROD with NOTICES
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
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
4 See Memorandum, ‘‘Respondent Selection,’’
dated September 29, 2020.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2020–2021 Antidumping
Duty Administrative Review,’’ dated March 23,
2022.
6 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results: Certain Corrosion-Resistant
Steel Products from the Republic of Korea, 2020–
2021,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
7 Id.
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all-others rate in a market economy AD
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
examination in an administrative
review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
‘‘an amount equal to the weighted
average of the estimated weighted
average dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
Consistent with section 735(c)(5)(A)
of the Act, we determined the weightedaverage dumping margin for each of the
non-selected companies by using the
weighted-average dumping margins
calculated for Dongkuk and Hyundai in
this administrative review.8
Preliminary Results
We preliminarily determine the
following weighted-average dumping
margins for the period July 1, 2020,
through June 30, 2021:
Exporter/producer
Dongkuk Steel Mill Co., Ltd ........
Hyundai Steel Company .............
KG Dongbu Steel Co., Ltd./
Dongbu Incheon Steel Co.,
Ltd 9 .........................................
POSCO .......................................
POSCO Coated & Color Steel
Co., Ltd ...................................
POSCO International Corporation ..........................................
Weightedaverage
dumping
margin
(percent)
1.67
0.86
1.47
1.47
1.47
1.47
8 For more information regarding the calculation
of this margin, see Memorandum, ‘‘Calculation of
the Cash Deposit Rate for Non-Reviewed
Companies,’’ dated concurrently with this notice.
9 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 CorrosionResistant 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.
PO 00000
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47717
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S Customs and Border
Protection (CBP) shall assess,
antidumping duties on all appropriate
entries. For any individually examined
respondent whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in
the final results of this review and the
respondent reported entered values, we
will calculate importer-specific ad
valorem assessment rates for the
merchandise based on the ratio of the
total amount of dumping calculated for
the examined sales made during the
POR to each importer and the total
entered value of those same sales, in
accordance with 19 CFR 351.212(b)(1).
If the respondent has not reported
entered values, we will calculate a perunit assessment rate for each importer
by dividing the total amount of
dumping calculated for the examined
sales made to that importer by the total
quantity associated with those
transactions. To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values.
Where an importer-specific ad
valorem assessment rate is zero or de
minimis in the final results of review,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties in accordance with
19 CFR 351.106(c)(2). If a respondent’s
weighted-average dumping margin is
zero or de minimis in the final results
of review, we will instruct CBP not to
assess duties on any of its entries in
accordance with the Final Modification
for Reviews, i.e., ‘‘{w}here the weightedaverage margin of dumping for the
exporter is determined to be zero or de
minimis, no antidumping duties will be
assessed.’’ 10
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by any of the abovereferenced 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 lessthan-fair-value (LTFV) investigation (as
10 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) (Final Modification for
Reviews).
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
amended) 11 if there is no rate for the
intermediate company(ies) involved in
the transaction.12
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
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The following deposit requirements
will be effective upon publication of the
notice of final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for each specific company
listed above will be that established in
the final results of this review, except if
the rate is less than 0.50 percent, and
therefore de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously investigated
companies not participating in this
review, the cash deposit will continue
to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which the company participated; (3) if
the exporter is not a firm covered in this
review, or the underlying investigation,
but the producer is, then the cash
deposit rate will be the rate established
for the most recent segment for the
producer of the merchandise; and (4)
the cash deposit rate for all other
producers and exporters will continue
to be 8.31 percent, the all-others rate
established in the LTFV investigation
(as amended).13 These deposit
requirements, when imposed, shall
remain in effect until further notice.
11 See Order; 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).
12 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
13 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), as amended by Timken and
Amended Final Results.
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Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon for its final
results.
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
of review to interested parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties will be
notified of the deadline for the
submission of case briefs and written
comments at a later date. Rebuttal briefs,
the content of which is limited to issues
raised in the case briefs, may be filed no
later than seven days after the date for
filing case briefs.14 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.15 Executive summaries
should be limited to five pages total,
including footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
Commerce’s electronic records system,
ACCESS, within 30 days after the date
of publication of this notice. 16 Requests
should contain: (1) the party’s name,
address and telephone number; (2) the
number of participants; (3) whether any
participant is a foreign national; and (4)
a list of issues parties intend to discuss.
Issues raised in the hearing will be
limited to those raised in the respective
case and rebuttal briefs. If a request for
a hearing is made, Commerce intends to
hold a hearing at a time and date to be
determined.17 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
All submissions to Commerce must be
filed using ACCESS 18 and must be
served on interested parties.19 An
electronically filed document must be
received successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time on
the date that the document is due.
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.20
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
this deadline is extended.21
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
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 and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: July 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Comparisons to Normal Value
V. Date of Sale
VI. Export Price and Constructed Export
Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2022–16639 Filed 8–3–22; 8:45 am]
14 See
19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020) (‘‘To provide adequate time for
release of case briefs via ACCESS, E&C intends to
schedule the due date for all rebuttal briefs to be
7 days after case briefs are filed (while these
modifications remain in effect).’’).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310(d).
18 See 19 CFR 351.303.
19 See 19 CFR 351.303(f).
PO 00000
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BILLING CODE 3510–DS–P
20 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID 19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
21 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
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]]>Agencies
[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47716-47718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16639]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review;
2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain corrosion-resistant steel products (CORE) from
the Republic of Korea (Korea) were sold in the United States at less
than normal value (NV) during the period of review of July 1, 2020,
through June 30, 2021.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT: Jaron Moore 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) 482-3640 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce published the antidumping duty (AD)
order on CORE from Korea.\1\ Commerce initiated this administrative
review on September 7, 2021.\2\ This review covers eight companies,\3\
of which we selected
[[Page 47717]]
Dongkuk and Hyundai as mandatory respondents.\4\
---------------------------------------------------------------------------
\1\ 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); and Certain Corrosion-Resistant Steel Products from
India, Italy, the People's Republic of China, the Republic of Korea,
and Taiwan: Notice of Correction to the Antidumping Duty Orders, 81
FR 58475 (August 25, 2016).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034, 50040 (September 7, 2021).
\3\ The eight companies are: Dongbu Incheon Steel Co., Ltd.,
Dongbu Steel Co., Ltd., KG Dongbu Steel Co., Ltd. (formerly Dongbu
Steel Co., Ltd.), Dongkuk Steel Mill Co., Ltd. (Dongkuk), Hyundai
Steel Company (Hyundai), POSCO, POSCO Coated & Color Steel Co.,
Ltd., and POSCO International Corporation (formerly, POSCO Daewoo
Corporation).
\4\ See Memorandum, ``Respondent Selection,'' dated September
29, 2020.
---------------------------------------------------------------------------
On March 23, 2022, we extended the deadline for the preliminary
results of this review. until July 29, 2022.\5\ For a detailed
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated
March 23, 2022.
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results: Certain Corrosion-Resistant Steel Products from the
Republic of Korea, 2020-2021,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is CORE from Korea. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price were calculated in accordance
with section 772 of the Act. NV was calculated in accordance with
section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
discussed in the Preliminary Decision Memorandum is attached as an
appendix to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual 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 a market
economy AD investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
Consistent with section 735(c)(5)(A) of the Act, we determined the
weighted-average dumping margin for each of the non-selected companies
by using the weighted-average dumping margins calculated for Dongkuk
and Hyundai in this administrative review.\8\
---------------------------------------------------------------------------
\8\ For more information regarding the calculation of this
margin, see Memorandum, ``Calculation of the Cash Deposit Rate for
Non-Reviewed Companies,'' dated concurrently with this notice.
\9\ 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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Preliminary Results
We preliminarily determine the following weighted-average dumping
margins for the period July 1, 2020, through June 30, 2021:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd................................. 1.67
Hyundai Steel Company....................................... 0.86
KG Dongbu Steel Co., Ltd./Dongbu Incheon Steel Co., Ltd \9\. 1.47
POSCO....................................................... 1.47
POSCO Coated & Color Steel Co., Ltd......................... 1.47
POSCO International Corporation............................. 1.47
------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. For any individually
examined respondent whose weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.5 percent) in the final results of
this review and the respondent reported entered values, we will
calculate importer-specific ad valorem assessment rates for the
merchandise based on the ratio of the total amount of dumping
calculated for the examined sales made during the POR to each importer
and the total entered value of those same sales, in accordance with 19
CFR 351.212(b)(1). If the respondent has not reported entered values,
we will calculate a per-unit assessment rate for each importer by
dividing the total amount of dumping calculated for the examined sales
made to that importer by the total quantity associated with those
transactions. To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also will calculate an importer-specific ad valorem ratio based on
estimated entered values.
Where an importer-specific ad valorem assessment rate is zero or de
minimis in the final results of review, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties
in accordance with 19 CFR 351.106(c)(2). If a respondent's weighted-
average dumping margin is zero or de minimis in the final results of
review, we will instruct CBP not to assess duties on any of its entries
in accordance with the Final Modification for Reviews, i.e.,
``{w{time} here the weighted-average margin of dumping for the exporter
is determined to be zero or de minimis, no antidumping duties will be
assessed.'' \10\
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\10\ 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) (Final Modification for Reviews).
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In accordance with Commerce's ``automatic 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
[[Page 47718]]
amended) \11\ if there is no rate for the intermediate company(ies)
involved in the transaction.\12\
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\11\ See Order; 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).
\12\ 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 upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for each specific company listed above will be that
established in the final results of this review, except if the rate is
less than 0.50 percent, and therefore de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for previously investigated companies not participating in this
review, the cash deposit will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, or the underlying investigation, but the
producer is, then the cash deposit rate will be the rate established
for the most recent segment for the producer of the merchandise; and
(4) the cash deposit rate for all other producers and exporters will
continue to be 8.31 percent, the all-others rate established in the
LTFV investigation (as amended).\13\ These deposit requirements, when
imposed, shall remain in effect until further notice.
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\13\ 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), as amended by Timken and Amended Final Results.
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results.
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties will be notified of the deadline for the
submission of case briefs and written comments at a later date.
Rebuttal briefs, the content of which is limited to issues raised in
the case briefs, may be filed no later than seven days after the date
for filing case briefs.\14\ Parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) a statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\15\ Executive summaries should be limited
to five pages total, including footnotes.
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\14\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS, within 30 days after the
date of publication of this notice. \16\ Requests should contain: (1)
the party's name, address and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs. If a request for a hearing is made, Commerce intends
to hold a hearing at a time and date to be determined.\17\ Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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All submissions to Commerce must be filed using ACCESS \18\ and
must be served on interested parties.\19\ An electronically filed
document must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time on the
date that the document is due. Commerce has modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\20\
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\18\ See 19 CFR 351.303.
\19\ See 19 CFR 351.303(f).
\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID 19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless this deadline is extended.\21\
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\21\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: July 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Comparisons to Normal Value
V. Date of Sale
VI. Export Price and Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2022-16639 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P
