Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Final Results, and Rescission, in Part, of Countervailing Duty Administrative Review; 2020, 53728-53730 [2022-18952]
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53728
Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Notices
submissions if the submitting party does
not comply with applicable revised
certification requirements.
Letters of Appearance and
Administrative Protective Orders
Pursuant to 19 CFR 351.103(d),
Commerce will maintain and make
available a public service list for these
proceedings. Parties wishing to
participate in any of these five-year
reviews must file letters of appearance
as discussed at 19 CFR 351.103(d). To
facilitate the timely preparation of the
public service list, it is requested that
those seeking recognition as interested
parties to a proceeding submit an entry
of appearance within 10 days of the
publication of the Notice of Initiation.
Because deadlines in Sunset Reviews
can be very short, we urge interested
parties who want access to proprietary
information under administrative
protective order (APO) to file an APO
application immediately following
publication in the Federal Register of
this notice of initiation. Commerce’s
regulations on submission of proprietary
information and eligibility to receive
access to business proprietary
information under APO can be found at
19 CFR 351.304–306. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.1
jspears on DSK121TN23PROD with NOTICES
Information Required From Interested
Parties
Domestic interested parties, as
defined in section 771(9)(C), (D), (E), (F),
and (G) of the Act and 19 CFR
351.102(b), wishing to participate in a
Sunset Review must respond not later
than 15 days after the date of
publication in the Federal Register of
this notice of initiation by filing a notice
of intent to participate. The required
contents of the notice of intent to
participate are set forth at 19 CFR
351.218(d)(1)(ii). In accordance with
Commerce’s regulations, if we do not
receive a notice of intent to participate
from at least one domestic interested
party by the 15-day deadline, Commerce
will automatically revoke the order
without further review.2
If we receive an order-specific notice
of intent to participate from a domestic
interested party, Commerce’s
regulations provide that all parties
wishing to participate in a Sunset
Review must file complete substantive
1 See
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 41363 (July
10, 2020).
2 See 19 CFR 351.218(d)(1)(iii).
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responses not later than 30 days after
the date of publication in the Federal
Register of this notice of initiation. The
required contents of a substantive
response, on an order-specific basis, are
set forth at 19 CFR 351.218(d)(3). Note
that certain information requirements
differ for respondent and domestic
parties. Also, note that Commerce’s
information requirements are distinct
from the ITC ’s information
requirements. Consult Commerce’s
regulations for information regarding
Commerce’s conduct of Sunset Reviews.
Consult Commerce’s regulations at 19
CFR part 351 for definitions of terms
and for other general information
concerning antidumping and
countervailing duty proceedings at
Commerce.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: August 11, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2022–18925 Filed 8–31–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–837]
Certain Cut-to-Length Carbon-Quality
Steel Plate From the Republic of
Korea: Final Results, and Rescission,
in Part, of Countervailing Duty
Administrative Review; 2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are not being
provided to certain producers and
exporters of certain cut-to-length
carbon-quality steel plate from the
Republic of Korea (Korea). The period of
review (POR) is January 1, 2020,
through December 31, 2020.
DATES: Applicable September 1, 2022.
FOR FURTHER INFORMATION CONTACT:
David Lindgren, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1671.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results of this review on March 2, 2022
and, subsequently, on May 12, 2022,
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issued its post-preliminary analysis.1
On June 8, 2022, Commerce extended
the final results of review to August 26,
2022.2 For a complete description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.3
Scope of the Order 4
The product covered by this order is
certain cut-to-length carbon-quality steel
plate. For a complete description of the
scope of this order, see the Issues and
Decision Memorandum.
Rescission of Administrative Review, In
Part
Based on our analysis of U.S. Customs
and Border Protection (CBP) data and
comments received from interested
parties, we determine that two
companies, BDP International and Sung
Jin Steel Co., Ltd had no reviewable
shipments, sales, or entries of subject
merchandise during the POR. Absent
evidence of shipments on the record, we
are rescinding the administrative review
of these companies, pursuant to 19 CFR
351.213(d)(3). For further information,
see ‘‘Rescission of Administrative
Review, in Part’’ in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum. A list of topics
discussed in the Issues and Decision
Memorandum is included as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
1 See Certain Cut-to-Length Carbon-Quality Steel
Plate from the Republic of Korea: Preliminary
Results and Preliminary Intent To Rescind, in Part,
the Countervailing Duty Administrative Review;
2020, 87 FR 11688 (March 2, 2022) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum; see also Memorandum,
‘‘Countervailing Duty Administrative Review of
Certain Cut-To Length Carbon-Quality Steel Plate
from the Republic of Korea; 2020: Post-Preliminary
Analysis Memorandum,’’ dated May 12, 2022.
2 See Memorandum, ‘‘Extension of Deadline for
Final Results,’’ dated June 8, 2022.
3 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Countervailing Duty
Administrative Review, 2020: Certain Cut-ToLength Carbon-Quality Steel Plate from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
4 See Notice of Amended Final Determination:
Certain Cut-to-Length Carbon-Quality Steel Plate
from India and the Republic of Korea; and Notice
of Countervailing Duty Orders: Certain Cut-toLength Carbon-Quality Steel Plate from France,
India, Indonesia, Italy, and the Republic of Korea,
65 FR 6587 (February 10, 2000) (Order).
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registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Methodology
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found countervailable, we find that
there is a subsidy, i.e., a governmentprovided financial contribution that
gives rise to a benefit to the recipient,
and that the subsidy is specific.5 For a
description of the methodology
underlying all of Commerce’s
conclusions, see the Issues and Decision
Memorandum.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we made certain changes for these final
results of review.
Companies Not Selected for Individual
Review
To determine the rate for companies
not selected for individual examination,
Commerce’s practice is to weight
average the net countervailable subsidy
rates for the selected mandatory
companies, excluding rates that are
zero, de minimis, or based entirely on
facts available.6 In this review, we
calculated a de minimis net
countervailable subsidy rate for the sole
mandatory respondent Hyundai Steel
Co., Ltd. (Hyundai Steel). In
countervailing duty proceedings, where
the number of respondents individually
examined has been limited, Commerce
has determined that a ‘‘reasonable
method’’ to use to determine the rate
applicable to companies not
individually examined when all the
rates of selected mandatory respondents
are zero or de minimis is to assign to the
non-selected respondents the average of
the most recently determined rates that
are not zero, de minimis, or based
entirely on facts available.7 However, as
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5 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.
6 See, e.g., Certain Pasta from Italy: Final Results
of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386, 37387 (June
29, 2010).
7 See, e.g., Circular Welded Carbon Steel Pipes
and Tubes from Turkey: Final Results of
Countervailing Duty Administrative Review;
Calendar Year 2012 and Rescission of
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53729
discussed in the Issues and Decisions
Memorandum, where a non-selected
respondent has a calculated rate in a
prior segment of the proceeding,
Commerce finds it appropriate to apply
the most recently calculated rate for that
respondent (even when that rate is zero
or de minimis) unless Commerce
determines that rate to be obsolete.8
In the 2018 administrative review of
the Order, we calculated a net
countervailable subsidy rate of 0.28
percent ad valorem (de minimis) for
Dongkuk Steel Mill Co., Ltd. (DSM),9
which was not individually examined
in this review. Therefore, consistent
with Commerce’s practice, described
above, we are assigning the rate of 0.28
percent ad valorem to DSM, based on
the company’s most recent calculated
rate. See the Issues and Decisions
Memorandum for a discussion of
assigning this rate to DSM.
is rescinded, we will instruct CBP to
assess countervailing duties on all
appropriate entries at a rate equal to the
cash deposit of estimated countervailing
duties 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).
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).
Final Results of Administrative Review
We determine that, for the period
January 1, 2020, through December 31,
2020, the following net countervailable
subsidy rates exist:
For the companies listed above for
which the subsidy rates are de minimis,
no cash deposit will be required of these
companies on shipments of the subject
merchandise entered or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits of
estimated countervailing duties at the
most recent company-specific or allothers rate (i.e., 3.26 percent) 10
applicable to the company, as
appropriate. These cash deposits, when
imposed, shall remain in effect until
further notice.
Company
Hyundai Steel Co.,
Ltd.
Dongkuk Steel Mill
Co., Ltd.
Subsidy rate
(percent ad valorem)
0.25 (de minimis).
0.28 (de minimis).
Disclosure
Commerce intends to disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rate
In accordance with 19 CFR
351.212(b)(2), Commerce intends to
issue assessment instructions to CBP to
liquidate shipments of subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after January 1, 2020, through December
31, 2020, for the above-listed companies
(to which a de minimis rate is assigned)
without regard to countervailing duties.
For the companies for which this review
Countervailing Duty Administrative Review, in Part,
79 FR 51140, 51141 (August 27, 2014); and Cut-toLength Carbon-Quality Steel Plate from the
Republic of Korea: Final Results of Countervailing
Duty Administrative Review; 2012, 79 FR 46770
(August 11, 2014), and accompanying Issues and
Decision Memorandum, at ‘‘Non-Selected Rate.’’
8 Id.
9 See Certain Cut-to-Length Carbon-Quality Steel
Plate from the Republic of Korea: Final Results of
Countervailing Duty Administrative Review;
Calendar Year 2018, 85 FR 84296 (December 28,
2020).
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Cash Deposit Rates
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
subject to sanction.
Notice to Interested Parties
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(d)(4) and 19 CFR
351.221(b)(5).
10 See
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Order, 65 FR 6589.
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Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Notices
Dated: August 26, 2022
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Period of Review
VI. Rescission of Administrative Review, In
Part
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Discussion of Comments
Comment 1: Whether the Korea Emissions
Trading System is Countervailable
Comment 2: Whether the Preliminary
Korea Emissions Trading System Benefit
Calculation was Incorrect
Comment 3: Whether Provision of Port
Usage Rights at the Port of Incheon is
Countervailable
Comment 4: Whether Electricity is
Subsidized by the Government of Korea
Comment 5: Whether Hyundai Steel and
Hyundai Green Power are Cross-Owned
Comment 6: Whether the Reduction of
Sewerage Usage Fees in Pohang
Constitutes a Countervailable Subsidy
Comment 7: Selection of a Final Rate for
Dongkuk Steel Mill Co., Ltd.
X. Recommendation
[FR Doc. 2022–18952 Filed 8–31–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Minority Business Development
Agency
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Online Customer
Relationship Management (CRM)/
Performance Databases
Minority Business
Development Agency (MBDA),
Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
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SUMMARY:
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17:15 Aug 31, 2022
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To ensure consideration,
comments regarding this proposed
information collection must be received
on or before October 31, 2022.
ADDRESSES: Interested persons are
invited to submit written comments to
Ms. Andrala Walker, Chief, Grants
Management, Office of Business
Development, Minority Business
Development Agency, U.S. Department
of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230 (or via the
internet at awalker@doc.gov). Please
reference OMB Control Number 0640–
0002 in the subject line of your
comments. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Ms.
Andrala Walker, Chief, Grants
Management, Office of Business
Development, Minority Business
Development Agency, U.S. Department
of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, (202) 482–
5678, and email: awalker@mbda.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Abstract
As part of its national service delivery
system, MBDA awards cooperative
agreements and grant awards through
broad agency announcements each year
to fund the provision of business
development services to eligible
minority business enterprises (MBEs).
The recipient of each grant award is
competitively selected to participate in
one of the MBDA’s programs. In
accordance with the Government
Performance and Results Act/
Modernization Act (GPRA/MA), and the
Foundations for Evidence-based
Policymaking Act of 2018 (Evidence
Act), MBDA requires all grant
participants to report basic client
information, service activities and
progress on attainment of program goals
via the Online CRM/Performance
Database. The data inputs into the
Online CRM/Performance Database
originate from client intake forms used
by each participant to collect
information about each minority
business enterprise that receives
technical business assistance from the
servicing grant participants. This data
provides the baseline from which the
Online CRM/Performance Database is
populated. The Online CRM/
Performance Database is used to
regularly monitor and evaluate the
progress of the MBDA programs, to
provide the Department and OMB with
a summary of the quantitative
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Sfmt 4703
information required to be submitted
about government supported programs,
to implement the GPRA/MA, conduct
program evaluation in support of the
Evidence Act. This information is also
summarized and included in the MBDA
Annual Performance Report, which is
made available to the public.
The MBDA grant programs continue
to use the Online CRM/Performance
Database. The client transaction and
verification forms in use for the
business center program are used to
collect information about the
effectiveness of other grant programs
funded by the agency. The forms
include a statement regarding MBDA’s
intended use and transfer of the
information collected to other federal
agencies for the purpose of conducting
research and studies on minority
businesses.
II. Method of Collection
Information will be collected
manually and electronically.
III. Data
OMB Control Number: 0640–0002.
Form Number(s): None.
Type of Review: Regular submission.
Revision of a currently approved
collection.
Affected Public: Individuals or
households; Business or other for-profit
organizations; Not-for-profit
institutions; State, Local, or Tribal
government; Federal government.
Estimated Number of Respondents:
6,035.
Estimated Time per Response: 1
minute to 150 minutes, varies
depending on instrument.
Estimated Total Annual Burden
Hours: 5,032.
Estimated Total Annual Cost to
Public: 0.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
E:\FR\FM\01SEN1.SGM
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Agencies
[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Pages 53728-53730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18952]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Certain Cut-to-Length Carbon-Quality Steel Plate From the
Republic of Korea: Final Results, and Rescission, in Part, of
Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are not being provided to certain producers
and exporters of certain cut-to-length carbon-quality steel plate from
the Republic of Korea (Korea). The period of review (POR) is January 1,
2020, through December 31, 2020.
DATES: Applicable September 1, 2022.
FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1671.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on March
2, 2022 and, subsequently, on May 12, 2022, issued its post-preliminary
analysis.\1\ On June 8, 2022, Commerce extended the final results of
review to August 26, 2022.\2\ For a complete description of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Certain Cut-to-Length Carbon-Quality Steel Plate from
the Republic of Korea: Preliminary Results and Preliminary Intent To
Rescind, in Part, the Countervailing Duty Administrative Review;
2020, 87 FR 11688 (March 2, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum; see also Memorandum,
``Countervailing Duty Administrative Review of Certain Cut-To Length
Carbon-Quality Steel Plate from the Republic of Korea; 2020: Post-
Preliminary Analysis Memorandum,'' dated May 12, 2022.
\2\ See Memorandum, ``Extension of Deadline for Final Results,''
dated June 8, 2022.
\3\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review, 2020: Certain Cut-
To-Length Carbon-Quality Steel Plate from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ See Notice of Amended Final Determination: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-to-
Length Carbon-Quality Steel Plate from France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000)
(Order).
---------------------------------------------------------------------------
The product covered by this order is certain cut-to-length carbon-
quality steel plate. For a complete description of the scope of this
order, see the Issues and Decision Memorandum.
Rescission of Administrative Review, In Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
data and comments received from interested parties, we determine that
two companies, BDP International and Sung Jin Steel Co., Ltd had no
reviewable shipments, sales, or entries of subject merchandise during
the POR. Absent evidence of shipments on the record, we are rescinding
the administrative review of these companies, pursuant to 19 CFR
351.213(d)(3). For further information, see ``Rescission of
Administrative Review, in Part'' in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of topics discussed in the
Issues and Decision Memorandum is included as an appendix to this
notice. The Issues and Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to
[[Page 53729]]
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\5\ For a description of the methodology underlying all of
Commerce's conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes for these final results of review.
Companies Not Selected for Individual Review
To determine the rate for companies not selected for individual
examination, Commerce's practice is to weight average the net
countervailable subsidy rates for the selected mandatory companies,
excluding rates that are zero, de minimis, or based entirely on facts
available.\6\ In this review, we calculated a de minimis net
countervailable subsidy rate for the sole mandatory respondent Hyundai
Steel Co., Ltd. (Hyundai Steel). In countervailing duty proceedings,
where the number of respondents individually examined has been limited,
Commerce has determined that a ``reasonable method'' to use to
determine the rate applicable to companies not individually examined
when all the rates of selected mandatory respondents are zero or de
minimis is to assign to the non-selected respondents the average of the
most recently determined rates that are not zero, de minimis, or based
entirely on facts available.\7\ However, as discussed in the Issues and
Decisions Memorandum, where a non-selected respondent has a calculated
rate in a prior segment of the proceeding, Commerce finds it
appropriate to apply the most recently calculated rate for that
respondent (even when that rate is zero or de minimis) unless Commerce
determines that rate to be obsolete.\8\
---------------------------------------------------------------------------
\6\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\7\ See, e.g., Circular Welded Carbon Steel Pipes and Tubes from
Turkey: Final Results of Countervailing Duty Administrative Review;
Calendar Year 2012 and Rescission of Countervailing Duty
Administrative Review, in Part, 79 FR 51140, 51141 (August 27,
2014); and Cut-to-Length Carbon-Quality Steel Plate from the
Republic of Korea: Final Results of Countervailing Duty
Administrative Review; 2012, 79 FR 46770 (August 11, 2014), and
accompanying Issues and Decision Memorandum, at ``Non-Selected
Rate.''
\8\ Id.
---------------------------------------------------------------------------
In the 2018 administrative review of the Order, we calculated a net
countervailable subsidy rate of 0.28 percent ad valorem (de minimis)
for Dongkuk Steel Mill Co., Ltd. (DSM),\9\ which was not individually
examined in this review. Therefore, consistent with Commerce's
practice, described above, we are assigning the rate of 0.28 percent ad
valorem to DSM, based on the company's most recent calculated rate. See
the Issues and Decisions Memorandum for a discussion of assigning this
rate to DSM.
---------------------------------------------------------------------------
\9\ See Certain Cut-to-Length Carbon-Quality Steel Plate from
the Republic of Korea: Final Results of Countervailing Duty
Administrative Review; Calendar Year 2018, 85 FR 84296 (December 28,
2020).
---------------------------------------------------------------------------
Final Results of Administrative Review
We determine that, for the period January 1, 2020, through December
31, 2020, the following net countervailable subsidy rates exist:
------------------------------------------------------------------------
Company Subsidy rate (percent ad valorem)
------------------------------------------------------------------------
Hyundai Steel Co., Ltd.............. 0.25 (de minimis).
Dongkuk Steel Mill Co., Ltd......... 0.28 (de minimis).
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
In accordance with 19 CFR 351.212(b)(2), Commerce intends to issue
assessment instructions to CBP to liquidate shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after January 1, 2020, through December 31, 2020, for the above-listed
companies (to which a de minimis rate is assigned) without regard to
countervailing duties. For the companies for which this review is
rescinded, we will instruct CBP to assess countervailing duties on all
appropriate entries at a rate equal to the cash deposit of estimated
countervailing duties 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). 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 Rates
For the companies listed above for which the subsidy rates are de
minimis, no cash deposit will be required of these companies on
shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the most recent company-specific or all-others
rate (i.e., 3.26 percent) \10\ applicable to the company, as
appropriate. These cash deposits, when imposed, shall remain in effect
until further notice.
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\10\ See Order, 65 FR 6589.
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Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation subject to sanction.
Notice to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4)
and 19 CFR 351.221(b)(5).
[[Page 53730]]
Dated: August 26, 2022
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Period of Review
VI. Rescission of Administrative Review, In Part
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Discussion of Comments
Comment 1: Whether the Korea Emissions Trading System is
Countervailable
Comment 2: Whether the Preliminary Korea Emissions Trading
System Benefit Calculation was Incorrect
Comment 3: Whether Provision of Port Usage Rights at the Port of
Incheon is Countervailable
Comment 4: Whether Electricity is Subsidized by the Government
of Korea
Comment 5: Whether Hyundai Steel and Hyundai Green Power are
Cross-Owned
Comment 6: Whether the Reduction of Sewerage Usage Fees in
Pohang Constitutes a Countervailable Subsidy
Comment 7: Selection of a Final Rate for Dongkuk Steel Mill Co.,
Ltd.
X. Recommendation
[FR Doc. 2022-18952 Filed 8-31-22; 8:45 am]
BILLING CODE 3510-DS-P