Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021, 61569-61570 [2022-22106]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Notices]
[Pages 61569-61570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22106]



[[Page 61569]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-887]


Carbon and Alloy Steel Cut-to-Length Plate from the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review; 2020-
2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
POSCO and its affiliated companies (collectively, the POSCO single 
entity), the sole producer and/or exporter subject to this review, made 
sales of subject merchandise in the United States at less than normal 
value during the period of review (POR), May 1, 2020, through April 30, 
2021.

DATES: Applicable October 12, 2022.

FOR FURTHER INFORMATION CONTACT: Jaron Moore or William Horn, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3640 or (202) 
482-4868, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2022, Commerce published the Preliminary Results of the 
antidumping duty administrative review of the order on carbon and alloy 
steel cut-to-length plate from the Republic of Korea.\1\ We invited 
interested parties to comment on the Preliminary Results. For a 
complete description of the events that occurred subsequent to the 
Preliminary Results, see the Issues and Decision Memorandum.\2\
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    \1\ See Carbon and Alloy Steel Cut-to-Length Plate from the 
Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2021; 87 FR 33121 (June 1, 2022) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results in the 2020-2021 Antidumping Duty Administrative 
Review of Carbon and Alloy Steel Cut-to-Length Plate from the 
Republic of Korea,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order \3\
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    \3\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from 
Austria, Belgium, France, the Federal Republic of Germany, Italy, 
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative 
Antidumping Determinations for France, the Federal Republic of 
Germany, the Republic of Korea and Taiwan, and Antidumping Duty 
Orders, 82 FR 24096 (May 25, 2017) (Order).
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    The merchandise subject to the Order is carbon and alloy steel cut-
to-length plate. The product is currently classified under the 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 
7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 
7226.91.5000.
    The products subject to the Order may also enter under the 
following HTSUS subheadings: 7208.40.6060, 7208.53.0000, 7208.90.0000, 
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500, 
7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
7212.50.0000, 7214.10.000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110, 
7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090, 
7206.11.1000, 7226.11.9060, 7229.19.1000, 7226.19.9000, 7226.91.0500, 
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 
7226.91.8000, and 7226.99.0180.
    The HTSUS subheadings are provided for convenience and customs 
purposes only; the written product description of the scope of the 
Order is dispositive. For a complete description of the scope of the 
Order, see the Preliminary Results.\4\
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    \4\ See Preliminary Results PDM at 3-7.
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Analysis of Comments Received

    All issues raised by the POSCO single entity in its case brief \5\ 
are addressed in the Issues and Decision Memorandum and are listed in 
the appendix to this notice. The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ Only the POSCO single entity filed a case brief in this 
review. No other party filed a case or rebuttal brief.
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Changes Since the Preliminary Results

    Based on the comments received from the POSCO single entity and 
record information, we made several changes to our preliminary 
calculation of the weighted-average dumping margin for the POSCO single 
entity. For a discussion of these changes, see the Issues and Decision 
Memorandum.

Final Results of the Review

    As a result of this review, we determine the following estimated 
weighted-average dumping margin exists for the period May 1, 2020, 
through April 30, 2021:
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    \6\ Commerce continues to find that POSCO, POSCO International 
Corporation, POSCO SPS, and certain distributors and service centers 
(i.e., Taechang Steel Co., Ltd. and Winsteel Co., Ltd.) are 
affiliated pursuant to section 771(33)(E) of the Act, and further 
that these companies should be treated as a single entity 
(collectively, the POSCO single entity) pursuant to 19 CFR 
351.401(f). See Preliminary Results PDM at 1.

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                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
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POSCO single entity \6\....................................        2.59
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Disclosure

    Commerce intends to disclose the calculations for these final 
results of review within five days of the date of publication of this 
notice in the Federal Register, in accordance with section 751(a) of 
the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.224(b).

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with these final results of 
review.\7\
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    \7\ See 19 CFR 351.212(b).
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    Commerce will calculate importer-specific antidumping duty 
assessment rates when a respondent's weighted-average dumping margin is 
not zero or de minimis (i.e., less than 0.5 percent). Pursuant to 19 
CFR 351.212(b)(1), where the respondent reported the entered value of 
its U.S. sales, we will calculate importer-specific ad valorem duty 
assessment rates based on the ratio of the total amount of dumping 
calculated for the examined sales to each importer to the total entered 
value of those sales. Where the respondent did not report entered 
value, we will calculate importer-specific assessment rates on the 
basis of the ratio of the total amount of dumping calculated for the 
examined sales to each importer to the total quantity of those sales, 
in accordance

[[Page 61570]]

with 19 CFR 351.212(b)(1).\8\ We will also calculate an estimated ad 
valorem importer-specific assessment rate with which to assess whether 
the per-unit assessment rate is de minimis. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific ad valorem assessment rate calculated 
in the final results of this review is not zero or de minimis. Where 
either the respondent's ad valorem weighted-average dumping margin is 
zero or de minimis, or an importer-specific ad valorem assessment rate 
is zero or de minimis,\9\ we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
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    \8\ In these final results, Commerce applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation 
of the Weighted-Average Dumping Margin and Assessment Rate in 
Certain Antidumping Proceedings: Final Modification, 77 FR 8101 
(February 14, 2012).
    \9\ See 19 CFR 351.106(c)(2).
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    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
that the merchandise they sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\10\
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    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the POSCO single 
entity will be equal to the weighted-average dumping margin established 
in the final results of this administrative review (i.e., 2.59 
percent); (2) for merchandise exported by a producer or exporter not 
covered in this review but covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which the producer or exporter participated; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original less-than-fair-value (LTFV) investigation, but the producer 
is, the cash deposit rate will be the rate established for the most 
recently completed segment of the proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers and 
exporters will continue to be 7.10 percent ad valorem, the all-others 
rate established in the LTFV investigation.\11\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \11\ See Order, 82 FR at 24098.
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Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: September 28, 2022.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. The POSCO Single Entity
IV. Discussion of the Issues
    Comment 1: Downstream Home Market Sales of POSCO's Affiliated 
Reseller and Service Centers
    Comment 2: General and Administrative (G&A) Expense and 
Financial Expense Ratios for POSCO International Corporation (PIC)
    Comment 3: Financial Expense Ratio for POSCO SPS
    Comment 4: G&A Expenses Ratio for POSCO SPS
V. Recommendation

[FR Doc. 2022-22106 Filed 10-11-22; 8:45 am]
BILLING CODE 3510-DS-P