Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 65744-65746 [2022-23749]
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65744
Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 / Notices
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on October 20,
2022, pursuant to Section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App. § 10(d)), that
the portion of the meeting dealing with
pre-decisional changes to the Commerce
Control List and the U.S. export control
policies shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. App. §§ 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, contact Ms.
Springer via email.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2022–23695 Filed 10–31–22; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–883]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that the producers or exporters
subject to this review made sales of
subject merchandise at less than normal
value during the period of review (POR),
October 1, 2020, through September 30,
2021. Commerce also determines that
one mandatory respondent, did not
make sales of subject merchandise at
less than normal value during the POR.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable November 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Christopher Williams or Thomas
Schauer, AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5166 or
(202) 482–0410, respectively.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
Background
On October 3, 2016, Commerce
published in the Federal Register an
antidumping duty order on certain hotrolled steel flat products (hot-rolled
steel) from the Republic of Korea
VerDate Sep<11>2014
17:11 Oct 31, 2022
Jkt 259001
(Korea).1 On October 1, 2021, we
published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
November 29, 2021, based on timely
requests for an administrative review,
Commerce initiated an administrative
review of 16 companies.3 On June 2,
2022, Commerce extended the time
limit for issuing the preliminary results
of this review by 120 days to no later
than October 31, 2022.4
Decision Memorandum is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Rates for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Scope of the Order
Commerce looks to section 735(c)(5) of
The products covered by this Order
the Act, which provides instructions for
are hot-rolled steel from Korea. A full
calculating the all-others rate in a
description of the scope of the Order is
market economy investigation, for
contained in the Preliminary Decision
guidance when calculating the rate for
Memorandum.5
companies which were not selected for
individual examination in an
Methodology
administrative review. Under section
Commerce is conducting this review
735(c)(5)(A) of the Act, the all-others
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act). rate is normally an amount equal to the
weighted average of the estimated
Export price and constructed export
weighted-average dumping margins
price are calculated in accordance with
established for exporters and producers
section 772 of the Act. Normal value is
individually investigated, excluding any
calculated in accordance with section
zero or de minimis margins, and any
773 of the Act.
margins determined entirely on the
For a full description of the
methodology underlying these
basis of facts available.
preliminary results, see the Preliminary
In this review, we preliminarily
Decision Memorandum. A list of the
calculated a weighted-average dumping
topics discussed in the Preliminary
margin for one of the mandatory
Decision Memorandum is attached as
respondents, Hyundai Steel Company
the appendix to this notice. The
(Hyundai Steel) that is not zero, de
Preliminary Decision Memorandum is a
minimis, or determined entirely on the
public document and is made available
basis of facts available. Accordingly,
to the public via Enforcement and
because the second mandatory
Compliance’s Antidumping and
respondent, POSCO’s 6 margin is de
Countervailing Duty Centralized
minimis,
Commerce preliminarily
Electronic Service System (ACCESS).
assigned to the companies not
ACCESS is available to registered users
at https://access.trade.gov. In addition, a individually examined, listed in the
chart below, a margin of 0.91 percent
complete version of the Preliminary
based on Hyundai Steel’s calculated
1 See Certain Hot-Rolled Steel Flat Products from
weighted-average dumping margin.
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 54429
(October 1, 2021).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
67685, 67688 (November 29, 2021) (Initiation
Notice).
4 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Korea: Extension
of Deadline for Preliminary Results of Antidumping
Duty Administrative Review; 2020–2021,’’ dated
June 2, 2022.
5 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from the Republic of Korea: Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative Review; 2020–
2021,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the period October 1,
2020, through September 30, 2021:
6 We initiated this review with respect to the
following companies: POSCO; POSCO Daewoo
Corporation (PDW); and POSCO International
Corporation. See Initiation Notice, 86 FR at 67688.
We have previously found that POSCO
International Corporation is the successor-ininterest to PDW, and we are treating POSCO and
POSCO International Corporation as a single entity,
hereinafter collectively referenced as POSCO. See
Certain Hot-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2019–
2020, 86 FR 59985 (October 29, 2021), and
accompanying Preliminary Decision Memorandum,
at 6–13, unchanged in Certain Hot-Rolled Steel Flat
Products from the Republic of Korea: Final Results
of Antidumping Duty Administrative Review; 2019–
2020, 87 FR 12660 (March 7, 2022).
E:\FR\FM\01NON1.SGM
01NON1
Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 / Notices
Weightedaverage
dumping
margin
(percent)
Producer/exporter
Hyundai Steel Company .............
POSCO; POSCO International
Corporation ..............................
0.91
0.00
Review-Specific Average Rate
Applicable to the Following Companies:
Weightedaverage
dumping
margin
(percent)
Producer/exporter
Del Trading Inc ...........................
Dongkuk Industries Co., Ltd .......
Dongkuk Steel Mill Co., Ltd ........
Gs Global Corp ...........................
Gs Holdings Corp .......................
KG Dongbu Steel Co., Ltd ..........
Marubeni-Itochu Steel Korea, Ltd
Samsung C and T Corporation ...
Snp Ltd ........................................
Soon Ho Co., Ltd ........................
Soon Hong Trading Co. Ltd ........
Sungjin Co., Ltd ..........................
0.91
0.91
0.91
0.91
0.91
0.91
0.91
0.91
0.91
0.91
0.91
0.91
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.7 Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than seven days after the date
for filing case briefs.8 Parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) a
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.9 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
7 See
19 CFR 351.224(b).
19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect).’’).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
lotter on DSK11XQN23PROD with NOTICES1
8 See
VerDate Sep<11>2014
17:11 Oct 31, 2022
Jkt 259001
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, unless
extended, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Assessment Rates
Upon completion of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. If either of the
respondents’ weighted-average dumping
margins is not zero or de minimis (i.e.,
less than 0.50 percent) in the final
results of this review, we intend to
calculate an importer-specific
assessment rate based on the ratio of the
total amount of dumping calculated for
each importer’s examined sales and the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1).11 If either of the
respondents’ weighted-average dumping
margin or an importer-specific
assessment rate is zero or de minimis in
the final results of review, we intend to
instruct CBP not to assess duties on any
entries in accordance with the Final
Modification for Reviews.12 The final
results of this administrative review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.13
For entries of subject merchandise
during the POR produced by either of
the respondents for which they did not
know that the merchandise was
destined to the United States, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
11 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
12 Id., 77 FR at 8102–03; see also 19 CFR
351.106(c)(2).
13 See section 751(a)(2)(C) of the Act.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
65745
involved in the transaction.14 For the
companies identified above that were
not selected for individual examination,
we will instruct CBP to liquidate entries
at the rates established after the
completion of the final results of review.
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 cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of hot-rolled steel from Korea entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for the respondents will be
equal to the weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by a company 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 in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review or the original
investigation but the producer is, then
the cash deposit rate will be the rate
established in the completed segment
for the most recent period for the
producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will continue to be 6.05
percent, the all-others rate established
in the less-than-fair-value
investigation.15 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
14 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See Order, 81 FR at 67965.
E:\FR\FM\01NON1.SGM
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65746
Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 / Notices
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (Sunset)
Reviews
Notification to Interested Parties
Dated: October 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
DATES:
[FR Doc. 2022–23749 Filed 10–31–22; 8:45 am]
BILLING CODE 3510–DS–P
DOC Case
No.
A–570–977
A–475–828
A–557–809
A–565–801
C–570–978
...
...
...
...
...
ITC Case
No.
Country
731–TA–1188
731–TA–865
731–TA–866
731–TA–867
701–TA–480
China ............
Italy ..............
Malaysia .......
Philippines ....
China ............
lotter on DSK11XQN23PROD with NOTICES1
Filing Information
As a courtesy, we are making
information related to sunset
proceedings, including copies of the
pertinent statute and Commerce’s
regulations, Commerce’s schedule for
Sunset Reviews, a listing of past
revocations and continuations, and
current service lists, available to the
public on Commerce’s website at the
following address: https://
enforcement.trade.gov/sunset/. All
submissions in these Sunset Reviews
must be filed in accordance with
Commerce’s regulations regarding
format, translation, and service of
documents. These rules, including
electronic filing requirements via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS), can be found at 19 CFR
351.303.
In accordance with section 782(b) of
the Act, any party submitting factual
VerDate Sep<11>2014
17:11 Oct 31, 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with the Tariff
Act of 1930, as amended (the Act), the
Department of Commerce (Commerce) is
automatically initiating the five-year
reviews (Sunset Reviews) of the
antidumping and countervailing duty
(AD/CVD) order(s) and suspended
investigation(s) listed below. The
International Trade Commission (the
ITC) is publishing concurrently with
this notice its notice of Institution of
Five-Year Reviews which covers the
same order(s) and suspended
investigation(s).
AGENCY:
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Jkt 259001
Applicable November 1, 2022.
NW, Washington, DC 20230. For
information from the ITC, contact Mary
Messer, Office of Investigations, U.S.
International Trade Commission at (202)
205–3193.
SUPPLEMENTARY INFORMATION:
Background
Commerce’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping
and Countervailing Duty Orders, 63 FR
13516 (March 20, 1998) and 70 FR
62061 (October 28, 2005). Guidance on
methodological or analytical issues
relevant to Commerce’s conduct of
Sunset Reviews is set forth in
Antidumping Proceedings: Calculation
of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14,
2012).
FOR FURTHER INFORMATION CONTACT:
Initiation of Review
Commerce official identified in the
Initiation of Review section below at
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
In accordance with section 751(c) of
the Act and 19 CFR 351.218(c), we are
initiating the Sunset Reviews of the
following antidumping and
countervailing duty order(s) and
suspended investigation(s):
Product
High Pressure Steel Cylinders
Stainless Steel Butt-weld Pipe
Stainless Steel Butt-weld Pipe
Stainless Steel Butt-weld Pipe
High Pressure Steel Cylinders
Commerce contact
(2nd Review) ...............
Fittings (4th Review) ...
Fittings (4th Review) ...
Fittings (4th Review) ...
Pipe (2nd Review) .......
information in an AD/CVD proceeding
must certify to the accuracy and
completeness of that information.
Parties must use the certification
formats provided in 19 CFR 351.303(g).
Commerce intends to reject factual
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
PO 00000
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Fmt 4703
Sfmt 4703
Thomas Martin, (202) 482–3936.
Jacky Arrowsmith, (202) 482–5255.
Jacky Arrowsmith, (202) 482–5255.
Jacky Arrowsmith, (202) 482–5255.
Mary Kolberg, (202) 482–1785.
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
Information Required From Interested
Parties
Domestic interested parties, as
defined in section 771(9)(C), (D), (E), (F),
1 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 41363 (July
10, 2020).
E:\FR\FM\01NON1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Notices]
[Pages 65744-65746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23749]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review;
2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that the producers or exporters subject to this review made sales of
subject merchandise at less than normal value during the period of
review (POR), October 1, 2020, through September 30, 2021. Commerce
also determines that one mandatory respondent, did not make sales of
subject merchandise at less than normal value during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable November 1, 2022.
FOR FURTHER INFORMATION CONTACT: Christopher Williams or Thomas
Schauer, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5166
or (202) 482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2016, Commerce published in the Federal Register an
antidumping duty order on certain hot-rolled steel flat products (hot-
rolled steel) from the Republic of Korea (Korea).\1\ On October 1,
2021, we published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On November 29, 2021,
based on timely requests for an administrative review, Commerce
initiated an administrative review of 16 companies.\3\ On June 2, 2022,
Commerce extended the time limit for issuing the preliminary results of
this review by 120 days to no later than October 31, 2022.\4\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 54429 (October 1, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 67685, 67688 (November 29, 2021)
(Initiation Notice).
\4\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021,''
dated June 2, 2022.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this Order are hot-rolled steel from Korea.
A full description of the scope of the Order is contained in the
Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as the appendix to this notice. The Preliminary Decision Memorandum is
a public document and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely on the basis of facts available.
In this review, we preliminarily calculated a weighted-average
dumping margin for one of the mandatory respondents, Hyundai Steel
Company (Hyundai Steel) that is not zero, de minimis, or determined
entirely on the basis of facts available. Accordingly, because the
second mandatory respondent, POSCO's \6\ margin is de minimis, Commerce
preliminarily assigned to the companies not individually examined,
listed in the chart below, a margin of 0.91 percent based on Hyundai
Steel's calculated weighted-average dumping margin.
---------------------------------------------------------------------------
\6\ We initiated this review with respect to the following
companies: POSCO; POSCO Daewoo Corporation (PDW); and POSCO
International Corporation. See Initiation Notice, 86 FR at 67688. We
have previously found that POSCO International Corporation is the
successor-in-interest to PDW, and we are treating POSCO and POSCO
International Corporation as a single entity, hereinafter
collectively referenced as POSCO. See Certain Hot-Rolled Steel Flat
Products from the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020, 86 FR 59985
(October 29, 2021), and accompanying Preliminary Decision
Memorandum, at 6-13, unchanged in Certain Hot-Rolled Steel Flat
Products from the Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2019-2020, 87 FR 12660 (March 7, 2022).
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period October 1, 2020, through September
30, 2021:
[[Page 65745]]
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company........................................ 0.91
POSCO; POSCO International Corporation....................... 0.00
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Del Trading Inc.............................................. 0.91
Dongkuk Industries Co., Ltd.................................. 0.91
Dongkuk Steel Mill Co., Ltd.................................. 0.91
Gs Global Corp............................................... 0.91
Gs Holdings Corp............................................. 0.91
KG Dongbu Steel Co., Ltd..................................... 0.91
Marubeni-Itochu Steel Korea, Ltd............................. 0.91
Samsung C and T Corporation.................................. 0.91
Snp Ltd...................................................... 0.91
Soon Ho Co., Ltd............................................. 0.91
Soon Hong Trading Co. Ltd.................................... 0.91
Sungjin Co., Ltd............................................. 0.91
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\7\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\8\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\9\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\10\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect).'').
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. If either of the respondents'
weighted-average dumping margins is not zero or de minimis (i.e., less
than 0.50 percent) in the final results of this review, we intend to
calculate an importer-specific assessment rate based on the ratio of
the total amount of dumping calculated for each importer's examined
sales and the total entered value of those same sales in accordance
with 19 CFR 351.212(b)(1).\11\ If either of the respondents' weighted-
average dumping margin or an importer-specific assessment rate is zero
or de minimis in the final results of review, we intend to instruct CBP
not to assess duties on any entries in accordance with the Final
Modification for Reviews.\12\ The final results of this administrative
review shall be the basis for the assessment of antidumping duties on
entries of merchandise covered by the final results of this review and
for future deposits of estimated duties, where applicable.\13\
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\11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\12\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
\13\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
either of the respondents for which they did not know that the
merchandise was destined to the United States, 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.\14\ For
the companies identified above that were not selected for individual
examination, we will instruct CBP to liquidate entries at the rates
established after the completion of the final results of review.
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\14\ 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 cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of hot-rolled steel from Korea
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided by section 751(a)(2)(C) of the Act: (1)
the cash deposit rate for the respondents will be equal to the
weighted-average dumping margin established in the final results of
this administrative review; (2) for merchandise exported by a company
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 in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review or the
original investigation but the producer is, then the cash deposit rate
will be the rate established in the completed segment for the most
recent period for the producer of the merchandise; (4) the cash deposit
rate for all other producers or exporters will continue to be 6.05
percent, the all-others rate established in the less-than-fair-value
investigation.\15\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ See Order, 81 FR at 67965.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement
[[Page 65746]]
could result in Commerce's presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: October 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2022-23749 Filed 10-31-22; 8:45 am]
BILLING CODE 3510-DS-P
