Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review, 2020, 47973-47975 [2022-16825]
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Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Notices
determines that an exporter under
review had no shipments of subject
merchandise to the United States during
the POR, any suspended entries of
subject merchandise that entered under
that exporter’s CBP case number during
the POR will be liquidated at the
dumping margin assigned to the Chinawide entity.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of ADs on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated ADs, where applicable.
lotter on DSK11XQN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of xanthan gum from China
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) for
companies granted a separate rate in the
final results of this review, the cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review for the company (except, if the
rate is zero or de minimis, then a cash
deposit rate of zero will be required); (2)
for previously investigated or reviewed
China and non-China exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all China exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity, which is 154.07
percent; and (4) for all non-China
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to China exporter(s) that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping and/
or countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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17:20 Aug 04, 2022
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47973
result in the Secretary’s presumption
that reimbursement of antidumping
and/or countervailing duties occurred
and the subsequent assessment of
double ADs.
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5973 or
(202) 482–6261, respectively.
SUPPLEMENTARY INFORMATION:
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(d)(4) and
351.221(b)(4).
Background
On July 21 and 29 and August 2,
2021, we received requests for multiple
administrative reviews.1 On September
7, 2021, Commerce published a notice
of initiation of an administrative review
of the countervailing duty (CVD) order
on CORE from Korea.2 On September
28, 2021, Commerce selected KG
Dongbu Steel Co., Ltd. (KG Dongbu
Steel)/Dongbu Incheon Steel Co., Ltd.
(collectively, KG Dongbu) and Hyundai
Steel Company as mandatory
respondents in this administrative
review.3 On March 10, 2022, Commerce
extended the deadline for the
preliminary results of this review.4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included at the
Appendix I 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
Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Sections in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Partial Rescission of Administrative
Review
VI. Preliminary Determination of No
Shipments
VII. Selection of Respondents
VIII. Single Entity Treatment
IX. Discussion of Methodology
X. Currency Conversion
XI. Recommendation
[FR Doc. 2022–16819 Filed 8–4–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–879]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Preliminary Results and Partial
Rescission of the Countervailing Duty
Administrative Review, 2020
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain
corrosion-resistant steel products
(CORE) from the Republic of Korea
(Korea). The period of review (POR) is
January 1, 2020, through December 31,
2020. Additionally, Commerce is
rescinding the review with respect to 31
companies.
DATES: Applicable August 5, 2022.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Zachariah Hall, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
AGENCY:
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Sfmt 4703
1 See Cleveland-Cliffs Inc., Steel Dynamics Inc.,
Nucor Corporation, and United States Steel
Corporation’s Letter, ‘‘Request for Administrative
Review,’’ dated August 2, 2021; see also KG Dongbu
Steel’s Letter, ‘‘Request for Administrative Review,’’
dated July 29, 2021; Hyundai Steel’s Letter,
‘‘Request for Administrative Review,’’ dated July
20, 2021; SeAH Coated Metal’s Letter, ‘‘Request for
Administrative Review,’’ dated August 2, 2021; and
POSCO’s and POSCO C&C’s Letter, ‘‘Request for
Administrative Review,’’ dated July 20, 2021.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034 (September 7, 2021); see also Certain
Corrosion-Resistant Steel Products from India, Italy
Republic of Korea and the People’s Republic of
China: Countervailing Duty Order, 81 FR 48387
(July 25, 2016) (Order).
3 On March 27, 2020, KG Dongbu Steel’s
shareholders changed its name from Dongbu Steel
to KG Dongbu Steel. See Dongbu’s Letter,
‘‘Affiliated Companies Response,’’ dated October
28, 2021.
4 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of the 2020 Countervailing
Duty Administrative Review,’’ dated March 10,
2022.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
the Countervailing Duty Administrative Review;
2020: Certain Corrosion-Resistant Steel Products
from the Republic of Korea,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Notices
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx/.
Scope of the Order
The merchandise covered by the
Order is certain corrosion-resistant steel
products. For a complete description of
the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, In
Part
On February 11, 2022, Commerce
notified interested parties that we
intended to rescind this administrative
review with respect to the 31 companies
listed in Appendix III, because there are
no reviewable suspended entries for
these companies based on the POR entry
data from U.S. Customs and Border
Protection (CBP).6 No parties
commented on the notification of intent
to rescind the review, in part. Therefore,
we determine that there were no entries
of subject merchandise, during the POR,
by these companies based on the CBP
data. As a result of our finding, we are
rescinding this review, in part, pursuant
to 19 CFR 351.213(d)(3) with respect to
the 31 companies listed in Appendix III
to this notice.
lotter on DSK11XQN23PROD with NOTICES1
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a financial contribution
from an authority that gives rise to a
benefit to the recipient, and that the
subsidy is specific.7 For a full
description of the methodology
underlying our conclusions, see the
accompanying Preliminary Decision
Memorandum.
Preliminary Rate for Non-Selected
Companies Under Review
The statute and Commerce’s
regulations do not directly address the
CVD rates to be applied to companies
not selected for individual examination
where Commerce limited its
examination in an administrative review
pursuant to section 777A(e)(2) of the
Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
6 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated February 11, 2022.
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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investigation. Section 777A(e)(2) of the
Act provides that ‘‘the individual
countervailable subsidy rates
determined under subparagraph (A)
shall be used to determine the all-others
rate under section 705(c)(5) {of the
Act}.’’ Section 705(c)(5)(A) of the Act
states that for companies not
investigated, in general, we will
determine an all-others rate by weightaveraging the countervailable subsidy
rates established for each of the
companies individually investigated,
excluding zero and de minimis rates or
any rates based solely on the facts
available.
We preliminarily determine that KG
Dongbu is the only mandatory
respondent that received
countervailable subsidies that are above
de minimis. Therefore, we preliminarily
determine to apply the net subsidy rate
calculated for KG Dongbu to the nonselected companies. For a list of the six
companies for which a review was
requested but are not being rescinded,
and which were not selected as
mandatory respondents or found to be
cross-owned with a mandatory
respondent, see Appendix II to this
notice.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the net
countervailable subsidy rates to be:
Subsidy rate
(percent
ad valorem)
Producer/exporter
KG Dongbu Steel Co., Ltd. and its
Cross-Owned
Affiliate,
Dongbu
Incheon Steel Co., Ltd 8 ...................
Hyundai Steel Company, and its
Cross-Owned Affiliate, Hyundai
Green Power ...................................
Non-Selected Companies Under Review 9 ................................................
9.51
* 0.27
9.51
* (de minimis).
Assessment Rate
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 to interested
parties the calculations performed for
these preliminary results within five
8 Note to importers: in the previous
administrative review, Commerce found that KG
Dongbu Steel Co., Ltd. is the successor-in-interest
to Dongbu Steel Co., Ltd. See Certain CorrosionResistant Steel Products from the Republic of Korea:
Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2019,
87 FR 2759, 2760 (January 19, 2022). The name
Dongbu Steel Co., Ltd. should no longer be used on
entry documentation.
9 See Appendix II.
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Frm 00018
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b). A timeline for the
submission of case and rebuttal briefs
and written comments will be provided
to interested parties at a later date.10
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.11 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this review 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.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Unless the deadline is extended, we
intend to issue the final results of this
administrative review, which will
include the results of our analysis of the
issues raised in the case briefs, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Fmt 4703
Sfmt 4703
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producer/exporters
shown above. Upon completion of the
administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), Commerce shall
determine, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review.
For the companies for which this
review is rescinded, we will instruct
CBP to assess CVDs on all appropriate
entries at a rate equal to the cash deposit
10 See
19 CFR 351.309(c) and (d).
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
11 See
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of estimated CVDs required at the time
of entry, or withdrawal from warehouse,
for consumption, during the period
January 1, 2020, through December 31,
2020, in accordance with 19 CFR
351.212(c)(l)(i). We intend to issue
assessment instructions to CBP for these
companies no earlier than 35 days after
the date of publication of this notice in
the Federal Register.
For the companies remaining in the
review, we will instruct CBP to assess
CVDs on all appropriate entries at the
subsidy rates calculated in the final
results of this review. We intend 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
In accordance with section 751(a)(1)
of the Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
respective companies listed above on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits at the
most recent company-specific or all
others rate applicable to the company.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
lotter on DSK11XQN23PROD with NOTICES1
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Diversification of Korea’s Economy
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
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Jkt 256001
List of Non-Selected Companies
1. POSCO Coated & Color Steel Co., Ltd.
2. POSCO
3. Samsung Electronics Co., Ltd.
4. SeAH Coated Metal
5. SeAH Steel Corporation
6. SY Co., Ltd.
Appendix III
List of Rescinded Companies
1. Ajin H & S Co., Ltd.
2. AJU Steel Co. Ltd.
3. B&N International
4. CDS Global Logistics
5. Daewon SD Co., Ltd.
6. Dong A Hwa Sung Co., Ltd.
7. Dongkuk International, Inc.
8. Jawon Korea Co., Ltd.
9. Kima Steel Corporation
10. Korea Clad Tech. Co., Ltd.
11. Pantos Logistics Co., Ltd.
12. PL Special Steel Co., Ltd.
13. POSCO Daewoo Corp.
14. Prosperity Tieh Enterprise Co., Ltd.
15. Samsung C&T Corporation
16. Sanglim Steel Co., Ltd.
17. Seajin St. Industry, Ltd.
18. Segye Chemical Industry Co., Ltd.
19. Sejung Shipping Co., Ltd.
20. Seun Steel Co., Ltd.
21. Shengzhou Hanshine Import and Export
Trade
22. Soon Hong Trading Co., Ltd.
23. SSangyong Manufacturing
24. Sung A Steel Co., Ltd.
25. SW Co., Ltd.
26. Syon
27. TCC Steel. Co., Ltd.
28. Young Steel Co.
29. Young Steel Korea Co., Ltd.
30. Young Sun Steel Co.
31. Yuchang Air Con Co., Ltd.
[FR Doc. 2022–16825 Filed 8–4–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–829]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that producers or exporters
of steel concrete reinforcing bar (rebar)
from the Republic of Turkey (Turkey)
subject to this review made sales of
subject merchandise at less than normal
value during the period of review (POR)
July 1, 2020, through June 30, 2021.
AGENCY:
Appendix I
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Appendix II
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47975
Additionally, we preliminarily find that
one company made no shipments of
subject merchandise to the United
States during the POR. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable August 5, 2022.
FOR FURTHER INFORMATION CONTACT:
Robert Copyak or Jose Rivera, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3642 or (202) 482–0842,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2017, Commerce
published the antidumping duty order
on rebar from Turkey.1 On August 31,
2021, based on timely requests for a
review, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an
administrative review of the Order,
covering six companies.2 On September
29, 2021, Commerce selected
Colakoglu 3 and Kaptan 4 as the
mandatory respondents for this review.5
On March 15, 2021, pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
1 See Steel Concrete Reinforcing Bar from the
Republic of Turkey and Japan: Amended Final
Affirmative Antidumping Duty Determination for
the Republic of Turkey and Antidumping Duty
Orders, 82 FR 32532 (July 14, 2017), as amended
by Notice of Court Decision Not in Harmony With
the Amended Final Determination in the LessThan-Fair-Value Investigation; Notice of Amended
Final Determination, 87 FR 934 (January 22, 2022)
(Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034 (August 31, 2021) (Initiation Notice).
3 Colakoglu is comprised of the collapsed entity
Colakoglu Metalurji A.S. (Colakoglu Metal) and
Colakoglu Dis Ticaret A.S. (COTAS). See Steel
Concrete Reinforcing Bar from the Republic of
Turkey: Preliminary Results of Antidumping
Administrative Review and Preliminary
Determination of No Shipments; 2019–2020, 86 FR
43181 (August 6, 2021) (Rebar from Turkey 2019–
2020 Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM), at 6–9,
unchanged in Steel Concrete Reinforcing Bar from
the Republic of Turkey: Final Results of
Antidumping Administrative Review and Final
Determination of No Shipments; 2019–2020, 87 FR
7118 (February 8, 2022) (Rebar from Turkey 2019–
2020 Final Results), and accompanying Issues and
Decision Memorandum (IDM), at 5.
4 Kaptan is comprised of the collapsed entity
Kaptan Demir Celik Endustrisi Ve Ticaret A.S.
(Kaptan Demir) and Kaptan Metal Dis Ticaret Ve
Nakliyat A.S. (Kaptan Metal). See Rebar from
Turkey 2019–2020 Preliminary Results PDM at 6–
9, unchanged in Rebar from Turkey 2019–2020
Final Results IDM at 5.
5 See Memorandum, ‘‘Respondent Selection
Memorandum for Administrative Review of
Antidumping Duty Order on Steel Concrete
Reinforcing Bar from the Republic of Turkey; 2020–
2021,’’ dated September 29, 2021.
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Agencies
[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 47973-47975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16825]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-879]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Preliminary Results and Partial Rescission of the Countervailing
Duty Administrative Review, 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain corrosion-resistant steel products
(CORE) from the Republic of Korea (Korea). The period of review (POR)
is January 1, 2020, through December 31, 2020. Additionally, Commerce
is rescinding the review with respect to 31 companies.
DATES: Applicable August 5, 2022.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Zachariah Hall, 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) 482-5973 or (202)
482-6261, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 21 and 29 and August 2, 2021, we received requests for
multiple administrative reviews.\1\ On September 7, 2021, Commerce
published a notice of initiation of an administrative review of the
countervailing duty (CVD) order on CORE from Korea.\2\ On September 28,
2021, Commerce selected KG Dongbu Steel Co., Ltd. (KG Dongbu Steel)/
Dongbu Incheon Steel Co., Ltd. (collectively, KG Dongbu) and Hyundai
Steel Company as mandatory respondents in this administrative
review.\3\ On March 10, 2022, Commerce extended the deadline for the
preliminary results of this review.\4\
---------------------------------------------------------------------------
\1\ See Cleveland-Cliffs Inc., Steel Dynamics Inc., Nucor
Corporation, and United States Steel Corporation's Letter, ``Request
for Administrative Review,'' dated August 2, 2021; see also KG
Dongbu Steel's Letter, ``Request for Administrative Review,'' dated
July 29, 2021; Hyundai Steel's Letter, ``Request for Administrative
Review,'' dated July 20, 2021; SeAH Coated Metal's Letter, ``Request
for Administrative Review,'' dated August 2, 2021; and POSCO's and
POSCO C&C's Letter, ``Request for Administrative Review,'' dated
July 20, 2021.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021); see also
Certain Corrosion-Resistant Steel Products from India, Italy
Republic of Korea and the People's Republic of China: Countervailing
Duty Order, 81 FR 48387 (July 25, 2016) (Order).
\3\ On March 27, 2020, KG Dongbu Steel's shareholders changed
its name from Dongbu Steel to KG Dongbu Steel. See Dongbu's Letter,
``Affiliated Companies Response,'' dated October 28, 2021.
\4\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of the 2020 Countervailing Duty Administrative Review,''
dated March 10, 2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the Appendix I 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
[[Page 47974]]
directly at https://access.trade.gov/public/FRNoticesListLayout.aspx/.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the Countervailing Duty
Administrative Review; 2020: Certain Corrosion-Resistant Steel
Products from the Republic of Korea,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is certain corrosion-resistant
steel products. For a complete description of the scope of the Order,
see the Preliminary Decision Memorandum.
Rescission of Administrative Review, In Part
On February 11, 2022, Commerce notified interested parties that we
intended to rescind this administrative review with respect to the 31
companies listed in Appendix III, because there are no reviewable
suspended entries for these companies based on the POR entry data from
U.S. Customs and Border Protection (CBP).\6\ No parties commented on
the notification of intent to rescind the review, in part. Therefore,
we determine that there were no entries of subject merchandise, during
the POR, by these companies based on the CBP data. As a result of our
finding, we are rescinding this review, in part, pursuant to 19 CFR
351.213(d)(3) with respect to the 31 companies listed in Appendix III
to this notice.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated February 11, 2022.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a financial contribution from
an authority that gives rise to a benefit to the recipient, and that
the subsidy is specific.\7\ For a full description of the methodology
underlying our conclusions, see the accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Preliminary Rate for Non-Selected Companies Under Review
The statute and Commerce's regulations do not directly address the
CVD rates to be applied to companies not selected for individual
examination where Commerce limited its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states
that for companies not investigated, in general, we will determine an
all-others rate by weight-averaging the countervailable subsidy rates
established for each of the companies individually investigated,
excluding zero and de minimis rates or any rates based solely on the
facts available.
We preliminarily determine that KG Dongbu is the only mandatory
respondent that received countervailable subsidies that are above de
minimis. Therefore, we preliminarily determine to apply the net subsidy
rate calculated for KG Dongbu to the non-selected companies. For a list
of the six companies for which a review was requested but are not being
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent, see Appendix II to
this notice.
Preliminary Results of Review
As a result of this review, we preliminarily determine the net
countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
rate
Producer/exporter (percent
ad valorem)
------------------------------------------------------------------------
KG Dongbu Steel Co., Ltd. and its Cross-Owned Affiliate, 9.51
Dongbu Incheon Steel Co., Ltd \8\.........................
Hyundai Steel Company, and its Cross-Owned Affiliate, * 0.27
Hyundai Green Power.......................................
Non-Selected Companies Under Review \9\.................... 9.51
------------------------------------------------------------------------
* (de minimis).
Verification
---------------------------------------------------------------------------
\8\ Note to importers: in the previous administrative review,
Commerce found that KG Dongbu Steel Co., Ltd. is the successor-in-
interest to Dongbu Steel Co., Ltd. See Certain Corrosion-Resistant
Steel Products from the Republic of Korea: Final Results and Partial
Rescission of Countervailing Duty Administrative Review; 2019, 87 FR
2759, 2760 (January 19, 2022). The name Dongbu Steel Co., Ltd.
should no longer be used on entry documentation.
\9\ See Appendix II.
---------------------------------------------------------------------------
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 to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b). A
timeline for the submission of case and rebuttal briefs and written
comments will be provided to interested parties at a later date.\10\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this review 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.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(c) and (d).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rate
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon completion of the administrative review,
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP shall assess, countervailing duties
on all appropriate entries covered by this review.
For the companies for which this review is rescinded, we will
instruct CBP to assess CVDs on all appropriate entries at a rate equal
to the cash deposit
[[Page 47975]]
of estimated CVDs required at the time of entry, or withdrawal from
warehouse, for consumption, during the period January 1, 2020, through
December 31, 2020, in accordance with 19 CFR 351.212(c)(l)(i). We
intend to issue assessment instructions to CBP for these companies no
earlier than 35 days after the date of publication of this notice in
the Federal Register.
For the companies remaining in the review, we will instruct CBP to
assess CVDs on all appropriate entries at the subsidy rates calculated
in the final results of this review. We intend 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
In accordance with section 751(a)(1) of the Act, Commerce intends,
upon publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
each of the respective companies listed above on shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this
administrative review. For all non-reviewed firms, we will instruct CBP
to continue to collect cash deposits at the most recent company-
specific or all others rate applicable to the company. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: July 29, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Diversification of Korea's Economy
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
Appendix II
List of Non-Selected Companies
1. POSCO Coated & Color Steel Co., Ltd.
2. POSCO
3. Samsung Electronics Co., Ltd.
4. SeAH Coated Metal
5. SeAH Steel Corporation
6. SY Co., Ltd.
Appendix III
List of Rescinded Companies
1. Ajin H & S Co., Ltd.
2. AJU Steel Co. Ltd.
3. B&N International
4. CDS Global Logistics
5. Daewon SD Co., Ltd.
6. Dong A Hwa Sung Co., Ltd.
7. Dongkuk International, Inc.
8. Jawon Korea Co., Ltd.
9. Kima Steel Corporation
10. Korea Clad Tech. Co., Ltd.
11. Pantos Logistics Co., Ltd.
12. PL Special Steel Co., Ltd.
13. POSCO Daewoo Corp.
14. Prosperity Tieh Enterprise Co., Ltd.
15. Samsung C&T Corporation
16. Sanglim Steel Co., Ltd.
17. Seajin St. Industry, Ltd.
18. Segye Chemical Industry Co., Ltd.
19. Sejung Shipping Co., Ltd.
20. Seun Steel Co., Ltd.
21. Shengzhou Hanshine Import and Export Trade
22. Soon Hong Trading Co., Ltd.
23. SSangyong Manufacturing
24. Sung A Steel Co., Ltd.
25. SW Co., Ltd.
26. Syon
27. TCC Steel. Co., Ltd.
28. Young Steel Co.
29. Young Steel Korea Co., Ltd.
30. Young Sun Steel Co.
31. Yuchang Air Con Co., Ltd.
[FR Doc. 2022-16825 Filed 8-4-22; 8:45 am]
BILLING CODE 3510-DS-P