Certain Cold-Rolled Steel Flat Products and Certain Corrosion-Resistant Steel Products From the Republic of Korea: Notice of Initiation and Preliminary Results of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews, 52905-52907 [2022-18585]
Download as PDF
Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices
motor,14 (b) a belt drive,15 and (c) a flat
wrap spring clutch.16
Also excluded from the scope are
automatic clothes washing machines
that meet all of the following
conditions: (1) Have a horizontal
rotational axis; (2) are front loading; 17
and (3) have a drive train consisting,
inter alia, of (a) a controlled induction
motor (CIM),18 and (b) a belt drive.
Also excluded from the scope are
automatic clothes washing machines
that meet all of the following
conditions: (1) Have a horizontal
rotational axis; (2) are front loading; and
(3) have cabinet width (measured from
its widest point) of more than 28.5
inches (72.39 cm). The products subject
to this Order are currently classifiable
under subheadings 8450.20.0040 and
8450.20.0080 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Products subject to this Order may also
enter under HTSUS subheadings
8450.11.0040, 8450.11.0080,
8450.90.2000, and 8450.90.6000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to this Order is
dispositive.
Continuation of the Order
khammond on DSKJM1Z7X2PROD with NOTICES
As a result of the determinations by
Commerce and the ITC that revocation
of the Order would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the
continuation of the Order. U.S. Customs
and Border Protection will continue to
collect AD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise. The effective
date of the continuation of the Order
will be the date of publication in the
Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next five-year (sunset)
review of the Order not later than 30
14 A ‘‘PSC motor’’ is an asynchronous, alternating
current (AC), single phase induction motor that
employs split phase capacitor technology.
15 A ‘‘belt drive’’ refers to a drive system that
includes a belt and pulleys.
16 A ‘‘flat wrap spring clutch’’ is a flat metal
spring that, when engaged, links abutted cylindrical
pieces on the input shaft with the end of the
concentric output shaft that connects to the drive
hub.
17 ‘‘Front loading’’ means that access to the basket
is from the front of the washer.
18 A ‘‘controlled induction motor’’ is an
asynchronous, alternating current (AC), polyphase
induction motor.
VerDate Sep<11>2014
17:24 Aug 29, 2022
Jkt 256001
days prior to the fifth anniversary of the
effective date of continuation.
Administrative Protective Order (APO)
52905
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1240.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce
published the AD and CVD orders on
CORE from Korea in the Federal
Register.1 In the most recent
administrative review of the CORE AD
Order, covering the period July 1, 2019,
through June 30, 2020, KG Dongbu Steel
was assigned the cash deposit rate of
0.59 percent as a company not selected
Notification to Interested Parties
for individual review.2 In the most
recent administrative review of the
This five-year (sunset) review and
CORE CVD Order, covering the period
notice are in accordance with sections
January 1, 2019, through December 31,
751(c) and 777(i) the Act, and 19 CFR
2019, KG Dongbu Steel was assigned the
351.218(f)(4).
subsidy rate of 10.51 percent as a
Dated: August 24, 2022.
mandatory respondent.3
Lisa W. Wang,
On September 20, 2016, Commerce
Assistant Secretary for Enforcement and
published the AD and CVD orders on
Compliance.
cold-rolled steel from Korea in the
[FR Doc. 2022–18611 Filed 8–29–22; 8:45 am]
Federal Register.4 In the most recent
BILLING CODE 3510–DS–P
administrative review of the Cold-Rolled
Steel AD Order, covering the period
September 1, 2019, through August 31,
DEPARTMENT OF COMMERCE
2020, KG Dongbu Steel was assigned the
cash deposit rate of 0.00 percent as a
International Trade Administration
company not selected for individual
review.5 In the most recent
[A–580–878, C–580–879, A–580–881, C–580– administrative review of the Cold-Rolled
882]
Steel CVD Order, covering the period
Certain Cold-Rolled Steel Flat Products January 1, 2019, through December 31,
2019, KG Dongbu Steel was assigned a
and Certain Corrosion-Resistant Steel
subsidy rate of 1.93 percent as a
Products From the Republic of Korea:
Notice of Initiation and Preliminary
1 See Certain Corrosion-Resistant Steel Products
Results of Antidumping Duty and
from India, Italy, the People’s Republic of China,
Countervailing Duty Changed
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
Circumstances Reviews
This notice also serves as the only
reminder to parties subject to APO of
their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a
changed circumstances review (CCR),
the U.S. Department of Commerce
(Commerce) is initiating a CCR of the
antidumping duty (AD) and
countervailing duty (CVD) orders on
certain cold-rolled steel flat products
(cold-rolled steel) and certain corrosionresistant steel products (CORE) from the
Republic of Korea (Korea). Additionally,
Commerce preliminarily determines
that KG Steel Corporation (dba KG
Dongbu Steel Co., Ltd.) (KG Steel) is the
successor-in-interest to KG Dongbu
Steel Co., Ltd. (KG Dongbu Steel).
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 30, 2022.
FOR FURTHER INFORMATION CONTACT:
Natasia Harrison, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016) (CORE AD Order); 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) (CORE CVD Order)
(collectively, CORE Orders).
2 See Corrosion-Resistant Steel Products from the
Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2019–2020, 86 FR
70111 (December 9, 2021).
3 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 (January
19, 2022).
4 See Cold-Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United
Kingdom: Amended Final Affirmative Antidumping
Determinations for Brazil and the United Kingdom
and Antidumping Duty Orders, 81 FR 64432
(September 20, 2016) (Cold-Rolled Steel AD Order);
see also Certain Cold-Rolled Steel Flat Products
from Brazil, India, and the Republic of Korea:
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order (the
Republic of Korea) and Countervailing Duty Orders
(Brazil and India), 81 FR 64436 (September 20,
2016) (Cold-Rolled Steel CVD Order) (collectively,
Cold-Rolled Steel Orders).
5 See Certain Cold Rolled Steel Flat Products from
the Republic of Korea: Final Results of
Antidumping Duty Administrative Review; 2019–
2020, 87 FR 15371 (March 18, 2022).
E:\FR\FM\30AUN1.SGM
30AUN1
52906
Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
company not selected for individual
review.6
On May 27, 2022, KG Steel informed
Commerce that KG Dongbu Steel had
officially changed its Korean name from
KG Dongbu Steel Co., Ltd. to KG Steel
Corporation for purposes of its
operations and sales in Korea, while at
the same time maintaining its English
name of KG Dongbu Steel Co., Ltd. for
purposes of its sales in overseas
markets.7 KG Steel requested the
initiation of a CCR to find that KG Steel
(dba KG Dongbu Steel in the United
States) is the successor-in-interest to KG
Dongbu Steel.8 On July 8, 2022,
Commerce extended the time period by
45 days, until August 25, 2022, for
determining whether to initiate and
whether to issue simultaneous
preliminary determinations.9 On July
14, 2022, Commerce issued a deficiency
letter requesting additional information
and documentation from KG Steel,10 to
which KG Steel timely responded.11 We
did not receive comments from other
interested parties concerning these
requests.
6 See Certain Cold-Rolled Steel Flat Products from
the Republic of Korea: Final Results of
Countervailing Duty Administrative Review; 2019,
87 FR 20821 (April 8, 2022).
7 See KG Steel’s Letter, ‘‘Notification of Company
Name Change and Request for Changed
Circumstances Review, If Deemed Necessary: Name
Change of KG Dongbu Steel Co., Ltd.,’’ dated May
27, 2022 (CCR Request).
8 Id. at 3.
9 See Commerce’s Letter, ‘‘Request for Changed
Circumstances Reviews of the Antidumping Duty
and Countervailing Duty Orders on Certain ColdRolled Steel Flat Products and Certain CorrosionResistant Steel Products from the Republic of Korea:
Extension of Initiation Deadline,’’ dated July 8,
2022.
10 See Commerce’s Letters, ‘‘Request for Changed
Circumstances Review for Certain Cold-Rolled Steel
Flat Products and Certain Corrosion-Resistant Steel
Products from the Republic of Korea Antidumping
Orders: Deficiency Questionnaire,’’ dated July 14,
2022; and ‘‘Request for Changed Circumstances
Review for Certain Cold-Rolled Steel Flat Products
and Certain Corrosion-Resistant Steel Products from
the Republic of Korea Countervailing Duty Orders:
Deficiency Questionnaire,’’ dated July 14, 2022.
11 See KG Steel’s Letters, ‘‘Certain Corrosion
Resistant Steel Products and Cold-Rolled Steel Flat
Products from the Republic of Korea Changed
Circumstance Review, Case Nos. A–580–878 and
A–580–881: Deficiency Questionnaire Response,’’
dated July 21, 2022 (KG Steel’s AD DQR); and
‘‘Certain Corrosion Resistant Steel Products and
Cold-Rolled Steel Flat Products from the Republic
of Korea Changed Circumstance Review, Case Nos.
C–580–879 and C–580–882: KG Steel Deficiency
Questionnaire Response,’’ dated August 2, 2022 (KG
Steel’s CVD DQR) (collectively, KG Steel’s DQRs).
KG Steel explained that KG Dongbu Steel Co., Ltd.
changed its Korean name to KG Steel Corporation,
however, both ‘‘Corporation’’ and ‘‘Co., Ltd.’’ in
English are translated as the same phrase in Korean.
KG Steel explained that, in order to avoid confusion
when expressing the company’s name in English,
they have referred to the English translation of the
new KG Dongbu Steel as KG Steel ‘‘Corporation.’’
See KG Steel’s CVD DQR at 8.
VerDate Sep<11>2014
17:24 Aug 29, 2022
Jkt 256001
Scope of the Orders
The merchandise covered by the
Cold-Rolled Steel Orders is cold-rolled
steel from Korea. The merchandise
covered by the CORE Orders is CORE
from Korea. For a full description of the
merchandise covered by the scope of
each order, see the Preliminary Decision
Memorandum.12
Initiation of Changed Circumstances
Reviews
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216, Commerce will
conduct a CCR of an order upon receipt
of information or a review request from
an interested party for a review of an
order which shows changed
circumstances sufficient to warrant a
review of the order.13 In the past,
Commerce has used CCRs to address the
applicability of cash deposit rates after
there have been changes in the name or
structure of a respondent, such as a
merger or spinoff (‘‘successor-ininterest,’’ or ‘‘successorship,’’
determinations).14 The information
submitted by KG Steel supporting its
claim that it is the successor-in-interest
to KG Dongbu Steel demonstrates
changed circumstances sufficient to
warrant such a review.15
The information submitted by KG
Steel demonstrates that its request is
based solely on a change in the Korean
name of the company from ‘‘KG Dongbu
Steel Co., Ltd.’’ to ‘‘KG Steel
Corporation,’’ approved March 24,
2022.16 Moreover, the evidence
submitted in support of KG Steel’s
request demonstrates that KG Steel is
otherwise the same business entity as
KG Dongbu Steel. Therefore, in
accordance with the regulation
referenced above, Commerce is
initiating a CCR to determine whether
KG Steel is the successor-in-interest to
KG Dongbu Steel.
12 See Memorandum, ‘‘Certain Cold-Rolled Steel
Flat Products and Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Initiation and
Preliminary Results of the Changed Circumstances
Reviews,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
13 See 19 CFR 351.216(c).
14 See, e.g., Diamond Sawblades and Parts
Thereof from the People’s Republic of China:
Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review, 82 FR 51605,
51606 (November 7, 2017), unchanged in Diamond
Sawblades and Parts Thereof from the People’s
Republic of China: Final Results of Antidumping
Duty Changed Circumstances Review, 82 FR 60177
(December 19, 2017) (Diamond Sawblades Final).
15 See 19 CFR 351.216(d).
16 See CCRs Request at 3.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Preliminary Results
Commerce is permitted by 19 CFR
351.221(c)(3)(ii) to combine the notice
of initiation of a CCR and the
preliminary results if Commerce
concludes that expedited action is
warranted. In this instance, because the
record contains information necessary
to make a preliminary finding, we find
that expedited action is warranted and
have combined the notice of initiation
and the preliminary results.
Accordingly, pursuant to section
751(b) of the Act, we have conducted a
successor-in-interest analysis in
response to KG Steel’s request. In
making a successor-in-interest
determination in an AD CCR, Commerce
examines several factors, including, but
not limited to, changes in the following:
(1) management and ownership; (2)
production facilities; (3) supplier
relationships; and (4) customer base.17
In a CVD CCR, Commerce will make an
affirmative successorship finding (i.e.,
that the respondent company is the
same subsidized entity for CVD cash
deposit purposes as the predecessor
company) where there is no evidence of
significant changes in the respondent’s:
(1) operations; (2) ownership; and (3)
corporate and legal structure during the
relevant period (i.e., the ‘‘look-back
window’’) that could have affected the
nature and extent of the respondent’s
subsidy levels. While no single factor or
combination of factors will necessarily
provide a dispositive indication of a
successor-in-interest relationship,
generally, Commerce will consider the
new company to be the successor to the
previous company if the new company’s
resulting operation is not materially
dissimilar to that of its predecessor.18
Thus, if the evidence demonstrates that,
with respect to the production and sales
of the subject merchandise, the new
company operates as essentially the
same business entity as the former
company, Commerce will assign the
new company the cash deposit rate of
its predecessor.19
17 See, e.g., Diamond Sawblades Final; see also
Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review, 83 FR 37784
(August 2, 2018), unchanged in Certain Frozen
Warmwater Shrimp from India: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review, 83 FR 49909 (October 3,
2018) (Shrimp from India).
18 See, e.g., Diamond Sawblades Final; and
Shrimp from India.
19 See, e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty
Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012); see also Notice of Initiation
E:\FR\FM\30AUN1.SGM
30AUN1
Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
In its CCR request, KG Steel provided
evidence demonstrating that KG Steel’s
operations are not materially dissimilar
from those of KG Dongbu Steel. Based
on the record, we preliminarily
determine that KG Steel is the
successor-in-interest to KG Dongbu
Steel, as the change in the business’
Korean name was not accompanied by
significant changes to its management
and ownership, production, facilities,
supplier relationships, or customer base.
There is also no evidence of significant
changes between KG Dongbu Steel and
the successor-in-interest company KG
Steel’s operations, ownership, or
corporate or legal structure during the
relevant period that could have
impacted the successor-in-interest
company’s subsidy levels.20 Thus, we
preliminarily determine that KG Steel
operates as essentially the same
business entity as KG Dongbu Steel, that
KG Steel is the successor-in-interest to
KG Dongbu Steel, and that KG Steel
should receive the same AD and CVD
cash deposit rates with respect to
subject merchandise as its predecessor,
KG Dongbu Steel.
For a complete discussion of the
information that KG Steel provided,
including business proprietary
information, and the complete
successor-in-interest analysis, see the
Preliminary Decision Memorandum.21
A list of topics discussed in the
Preliminary Decision Memorandum is
included as the 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.
Should our final results remain
unchanged from these preliminary
results, we will instruct U.S. Customs
and Border Protection to assign entries
of subject merchandise exported by KG
Steel the AD and CVD cash deposit rates
applicable to KG Dongbu Steel.
Commerce will issue its final results of
and Preliminary Results of Changed Circumstances
Reviews: Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China, 85 FR
5193 (January 29, 2020), unchanged in Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Final Results of
Changed Circumstances Reviews, 85 FR 14638
(March 13, 2020).
20 See CCR Request; see also KG Steel’s DQRs.
21 See Preliminary Decision Memorandum.
VerDate Sep<11>2014
17:24 Aug 29, 2022
Jkt 256001
the review in accordance with the time
limits set forth in 19 CFR 351.216(e).
Public Comment
In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than seven
days after the date of publication of this
notice.22 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than seven days after the
case briefs, in accordance with 19 CFR
351.309(d).23 Parties who submit case or
rebuttal briefs are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
arguments; and (3) a table of
authorities.24
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 14 days of publication of this
notice.25 Hearing requests should
contain the following information: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations at
the hearing will be limited to issues
raised in the briefs. 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
the date and the time of the hearing two
days before the scheduled date.
All submissions are to be filed
electronically using ACCESS, and must
also be served on interested parties. An
electronically filed document must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time on
the day it is due.26 Note that Commerce
has temporarily modified certain
requirements for serving documents
containing business proprietary
information, until further notice.27
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
changed circumstances review no later
than 270 days after the date on which
this review was initiated, or within 45
days if all parties agree to our
preliminary finding.
Notification to Interested Parties
This initiation and preliminary results
notice is published in accordance with
22 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
23 Commerce is exercising its discretion under 19
CFR 351.309(d)(1) to alter the time limit for the
filing of rebuttal briefs.
24 See 19 CFR 351.309(c)(2).
25 Commerce is exercising its discretion under 19
CFR 351.310(c) to alter the time limit for requesting
a hearing.
26 See 19 CFR 351.303(b).
27 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
52907
sections 751(b)(1) and 777(i)(1) of the
Act, and 19 CFR 351.216(b), 351.221(b)
and 351.221(c)(3).
Dated: August 23, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Initiation And Preliminary Results of the
Changed Circumstances Reviews
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2022–18585 Filed 8–29–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 84–33A12]
Export Trade Certificate of Review
Notice of application for an
amended Export Trade Certificate of
Review for Northwest Fruit Exporters
(NFE), application no. 84–33A12.
ACTION:
The Secretary of Commerce,
through the Office of Trade and
Economic Analysis (OTEA) of the
International Trade Administration, has
received an application for an amended
Export Trade Certificate of Review
(Certificate). This notice summarizes the
proposed application and seeks public
comments on whether the Certificate
should be issued.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, OTEA,
International Trade Administration,
(202) 482–5131 (this is not a toll-free
number) or email at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) (the Act)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. An Export Trade Certificate of
Review protects the holder and the
members identified in the Certificate
from State and Federal government
antitrust actions and from private treble
damage antitrust actions for the export
conduct specified in the Certificate and
carried out in compliance with its terms
and conditions. The regulations
implementing Title III are found at 15
CFR part 325. OTEA is issuing this
notice pursuant to 15 CFR 325.6(a),
which requires the Secretary of
Commerce to publish a summary of the
SUMMARY:
E:\FR\FM\30AUN1.SGM
30AUN1
Agencies
[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 52905-52907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18585]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878, C-580-879, A-580-881, C-580-882]
Certain Cold-Rolled Steel Flat Products and Certain Corrosion-
Resistant Steel Products From the Republic of Korea: Notice of
Initiation and Preliminary Results of Antidumping Duty and
Countervailing Duty Changed Circumstances Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a changed circumstances review
(CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR
of the antidumping duty (AD) and countervailing duty (CVD) orders on
certain cold-rolled steel flat products (cold-rolled steel) and certain
corrosion-resistant steel products (CORE) from the Republic of Korea
(Korea). Additionally, Commerce preliminarily determines that KG Steel
Corporation (dba KG Dongbu Steel Co., Ltd.) (KG Steel) is the
successor-in-interest to KG Dongbu Steel Co., Ltd. (KG Dongbu Steel).
Interested parties are invited to comment on these preliminary results.
DATES: Applicable August 30, 2022.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1240.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce published the AD and CVD orders on CORE
from Korea in the Federal Register.\1\ In the most recent
administrative review of the CORE AD Order, covering the period July 1,
2019, through June 30, 2020, KG Dongbu Steel was assigned the cash
deposit rate of 0.59 percent as a company not selected for individual
review.\2\ In the most recent administrative review of the CORE CVD
Order, covering the period January 1, 2019, through December 31, 2019,
KG Dongbu Steel was assigned the subsidy rate of 10.51 percent as a
mandatory respondent.\3\
---------------------------------------------------------------------------
\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) (CORE AD Order); 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) (CORE CVD Order) (collectively, CORE Orders).
\2\ See Corrosion-Resistant Steel Products from the Republic of
Korea: Final Results of Antidumping Duty Administrative Review;
2019-2020, 86 FR 70111 (December 9, 2021).
\3\ 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 (January
19, 2022).
---------------------------------------------------------------------------
On September 20, 2016, Commerce published the AD and CVD orders on
cold-rolled steel from Korea in the Federal Register.\4\ In the most
recent administrative review of the Cold-Rolled Steel AD Order,
covering the period September 1, 2019, through August 31, 2020, KG
Dongbu Steel was assigned the cash deposit rate of 0.00 percent as a
company not selected for individual review.\5\ In the most recent
administrative review of the Cold-Rolled Steel CVD Order, covering the
period January 1, 2019, through December 31, 2019, KG Dongbu Steel was
assigned a subsidy rate of 1.93 percent as a
[[Page 52906]]
company not selected for individual review.\6\
---------------------------------------------------------------------------
\4\ See Cold-Rolled Steel Flat Products from Brazil, India, the
Republic of Korea, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Brazil and the United Kingdom and
Antidumping Duty Orders, 81 FR 64432 (September 20, 2016) (Cold-
Rolled Steel AD Order); see also Certain Cold-Rolled Steel Flat
Products from Brazil, India, and the Republic of Korea: Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order (the Republic of Korea) and Countervailing
Duty Orders (Brazil and India), 81 FR 64436 (September 20, 2016)
(Cold-Rolled Steel CVD Order) (collectively, Cold-Rolled Steel
Orders).
\5\ See Certain Cold Rolled Steel Flat Products from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2019-2020, 87 FR 15371 (March 18, 2022).
\6\ See Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Final Results of Countervailing Duty
Administrative Review; 2019, 87 FR 20821 (April 8, 2022).
---------------------------------------------------------------------------
On May 27, 2022, KG Steel informed Commerce that KG Dongbu Steel
had officially changed its Korean name from KG Dongbu Steel Co., Ltd.
to KG Steel Corporation for purposes of its operations and sales in
Korea, while at the same time maintaining its English name of KG Dongbu
Steel Co., Ltd. for purposes of its sales in overseas markets.\7\ KG
Steel requested the initiation of a CCR to find that KG Steel (dba KG
Dongbu Steel in the United States) is the successor-in-interest to KG
Dongbu Steel.\8\ On July 8, 2022, Commerce extended the time period by
45 days, until August 25, 2022, for determining whether to initiate and
whether to issue simultaneous preliminary determinations.\9\ On July
14, 2022, Commerce issued a deficiency letter requesting additional
information and documentation from KG Steel,\10\ to which KG Steel
timely responded.\11\ We did not receive comments from other interested
parties concerning these requests.
---------------------------------------------------------------------------
\7\ See KG Steel's Letter, ``Notification of Company Name Change
and Request for Changed Circumstances Review, If Deemed Necessary:
Name Change of KG Dongbu Steel Co., Ltd.,'' dated May 27, 2022 (CCR
Request).
\8\ Id. at 3.
\9\ See Commerce's Letter, ``Request for Changed Circumstances
Reviews of the Antidumping Duty and Countervailing Duty Orders on
Certain Cold-Rolled Steel Flat Products and Certain Corrosion-
Resistant Steel Products from the Republic of Korea: Extension of
Initiation Deadline,'' dated July 8, 2022.
\10\ See Commerce's Letters, ``Request for Changed Circumstances
Review for Certain Cold-Rolled Steel Flat Products and Certain
Corrosion-Resistant Steel Products from the Republic of Korea
Antidumping Orders: Deficiency Questionnaire,'' dated July 14, 2022;
and ``Request for Changed Circumstances Review for Certain Cold-
Rolled Steel Flat Products and Certain Corrosion-Resistant Steel
Products from the Republic of Korea Countervailing Duty Orders:
Deficiency Questionnaire,'' dated July 14, 2022.
\11\ See KG Steel's Letters, ``Certain Corrosion Resistant Steel
Products and Cold-Rolled Steel Flat Products from the Republic of
Korea Changed Circumstance Review, Case Nos. A-580-878 and A-580-
881: Deficiency Questionnaire Response,'' dated July 21, 2022 (KG
Steel's AD DQR); and ``Certain Corrosion Resistant Steel Products
and Cold-Rolled Steel Flat Products from the Republic of Korea
Changed Circumstance Review, Case Nos. C-580-879 and C-580-882: KG
Steel Deficiency Questionnaire Response,'' dated August 2, 2022 (KG
Steel's CVD DQR) (collectively, KG Steel's DQRs). KG Steel explained
that KG Dongbu Steel Co., Ltd. changed its Korean name to KG Steel
Corporation, however, both ``Corporation'' and ``Co., Ltd.'' in
English are translated as the same phrase in Korean. KG Steel
explained that, in order to avoid confusion when expressing the
company's name in English, they have referred to the English
translation of the new KG Dongbu Steel as KG Steel ``Corporation.''
See KG Steel's CVD DQR at 8.
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by the Cold-Rolled Steel Orders is cold-
rolled steel from Korea. The merchandise covered by the CORE Orders is
CORE from Korea. For a full description of the merchandise covered by
the scope of each order, see the Preliminary Decision Memorandum.\12\
---------------------------------------------------------------------------
\12\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
and Certain Corrosion-Resistant Steel Products from the Republic of
Korea: Initiation and Preliminary Results of the Changed
Circumstances Reviews,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Initiation of Changed Circumstances Reviews
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216, Commerce will conduct a CCR of an order
upon receipt of information or a review request from an interested
party for a review of an order which shows changed circumstances
sufficient to warrant a review of the order.\13\ In the past, Commerce
has used CCRs to address the applicability of cash deposit rates after
there have been changes in the name or structure of a respondent, such
as a merger or spinoff (``successor-in-interest,'' or
``successorship,'' determinations).\14\ The information submitted by KG
Steel supporting its claim that it is the successor-in-interest to KG
Dongbu Steel demonstrates changed circumstances sufficient to warrant
such a review.\15\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.216(c).
\14\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 82 FR 51605, 51606
(November 7, 2017), unchanged in Diamond Sawblades and Parts Thereof
from the People's Republic of China: Final Results of Antidumping
Duty Changed Circumstances Review, 82 FR 60177 (December 19, 2017)
(Diamond Sawblades Final).
\15\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
The information submitted by KG Steel demonstrates that its request
is based solely on a change in the Korean name of the company from ``KG
Dongbu Steel Co., Ltd.'' to ``KG Steel Corporation,'' approved March
24, 2022.\16\ Moreover, the evidence submitted in support of KG Steel's
request demonstrates that KG Steel is otherwise the same business
entity as KG Dongbu Steel. Therefore, in accordance with the regulation
referenced above, Commerce is initiating a CCR to determine whether KG
Steel is the successor-in-interest to KG Dongbu Steel.
---------------------------------------------------------------------------
\16\ See CCRs Request at 3.
---------------------------------------------------------------------------
Preliminary Results
Commerce is permitted by 19 CFR 351.221(c)(3)(ii) to combine the
notice of initiation of a CCR and the preliminary results if Commerce
concludes that expedited action is warranted. In this instance, because
the record contains information necessary to make a preliminary
finding, we find that expedited action is warranted and have combined
the notice of initiation and the preliminary results.
Accordingly, pursuant to section 751(b) of the Act, we have
conducted a successor-in-interest analysis in response to KG Steel's
request. In making a successor-in-interest determination in an AD CCR,
Commerce examines several factors, including, but not limited to,
changes in the following: (1) management and ownership; (2) production
facilities; (3) supplier relationships; and (4) customer base.\17\ In a
CVD CCR, Commerce will make an affirmative successorship finding (i.e.,
that the respondent company is the same subsidized entity for CVD cash
deposit purposes as the predecessor company) where there is no evidence
of significant changes in the respondent's: (1) operations; (2)
ownership; and (3) corporate and legal structure during the relevant
period (i.e., the ``look-back window'') that could have affected the
nature and extent of the respondent's subsidy levels. While no single
factor or combination of factors will necessarily provide a dispositive
indication of a successor-in-interest relationship, generally, Commerce
will consider the new company to be the successor to the previous
company if the new company's resulting operation is not materially
dissimilar to that of its predecessor.\18\ Thus, if the evidence
demonstrates that, with respect to the production and sales of the
subject merchandise, the new company operates as essentially the same
business entity as the former company, Commerce will assign the new
company the cash deposit rate of its predecessor.\19\
---------------------------------------------------------------------------
\17\ See, e.g., Diamond Sawblades Final; see also Certain Frozen
Warmwater Shrimp from India: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 83 FR 37784 (August
2, 2018), unchanged in Certain Frozen Warmwater Shrimp from India:
Notice of Final Results of Antidumping Duty Changed Circumstances
Review, 83 FR 49909 (October 3, 2018) (Shrimp from India).
\18\ See, e.g., Diamond Sawblades Final; and Shrimp from India.
\19\ See, e.g., Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012); see also Notice of Initiation and Preliminary
Results of Changed Circumstances Reviews: Certain Passenger Vehicle
and Light Truck Tires from the People's Republic of China, 85 FR
5193 (January 29, 2020), unchanged in Certain Passenger Vehicle and
Light Truck Tires from the People's Republic of China: Final Results
of Changed Circumstances Reviews, 85 FR 14638 (March 13, 2020).
---------------------------------------------------------------------------
[[Page 52907]]
In its CCR request, KG Steel provided evidence demonstrating that
KG Steel's operations are not materially dissimilar from those of KG
Dongbu Steel. Based on the record, we preliminarily determine that KG
Steel is the successor-in-interest to KG Dongbu Steel, as the change in
the business' Korean name was not accompanied by significant changes to
its management and ownership, production, facilities, supplier
relationships, or customer base. There is also no evidence of
significant changes between KG Dongbu Steel and the successor-in-
interest company KG Steel's operations, ownership, or corporate or
legal structure during the relevant period that could have impacted the
successor-in-interest company's subsidy levels.\20\ Thus, we
preliminarily determine that KG Steel operates as essentially the same
business entity as KG Dongbu Steel, that KG Steel is the successor-in-
interest to KG Dongbu Steel, and that KG Steel should receive the same
AD and CVD cash deposit rates with respect to subject merchandise as
its predecessor, KG Dongbu Steel.
---------------------------------------------------------------------------
\20\ See CCR Request; see also KG Steel's DQRs.
---------------------------------------------------------------------------
For a complete discussion of the information that KG Steel
provided, including business proprietary information, and the complete
successor-in-interest analysis, see the Preliminary Decision
Memorandum.\21\ A list of topics discussed in the Preliminary Decision
Memorandum is included as the 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.
---------------------------------------------------------------------------
\21\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise exported by KG Steel the AD and CVD cash
deposit rates applicable to KG Dongbu Steel. Commerce will issue its
final results of the review in accordance with the time limits set
forth in 19 CFR 351.216(e).
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than seven days after the date of
publication of this notice.\22\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the case briefs, in accordance with 19 CFR 351.309(d).\23\ Parties who
submit case or rebuttal briefs are encouraged to submit with each
argument: (1) a statement of the issue; (2) a brief summary of the
arguments; and (3) a table of authorities.\24\
---------------------------------------------------------------------------
\22\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\23\ Commerce is exercising its discretion under 19 CFR
351.309(d)(1) to alter the time limit for the filing of rebuttal
briefs.
\24\ See 19 CFR 351.309(c)(2).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 14 days of publication of this notice.\25\ Hearing
requests should contain the following information: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed. Oral presentations at the
hearing will be limited to issues raised in the briefs. 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 the date and the time
of the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\25\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
---------------------------------------------------------------------------
All submissions are to be filed electronically using ACCESS, and
must also be served on interested parties. An electronically filed
document must be received successfully in its entirety by ACCESS by
5:00 p.m. Eastern Time on the day it is due.\26\ Note that Commerce has
temporarily modified certain requirements for serving documents
containing business proprietary information, until further notice.\27\
---------------------------------------------------------------------------
\26\ See 19 CFR 351.303(b).
\27\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Consistent with 19 CFR 351.216(e), we will issue the final results
of this changed circumstances review no later than 270 days after the
date on which this review was initiated, or within 45 days if all
parties agree to our preliminary finding.
Notification to Interested Parties
This initiation and preliminary results notice is published in
accordance with sections 751(b)(1) and 777(i)(1) of the Act, and 19 CFR
351.216(b), 351.221(b) and 351.221(c)(3).
Dated: August 23, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Initiation And Preliminary Results of the Changed Circumstances
Reviews
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2022-18585 Filed 8-29-22; 8:45 am]
BILLING CODE 3510-DS-P