Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review, 2020, 66648-66650 [2022-24024]
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66648
Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices
determined.22 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Unless otherwise extended,
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, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a 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 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 351.213 and 351.221(b)(4).
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix II—Companies for Which the
Review Request Was Withdrawn and
for Which Commerce Is Rescinding
This Review
19 CFR 351.310(d).
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[FR Doc. 2022–24022 Filed 11–3–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Background
On November 29, 2021, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty (CVD) order on hotrolled steel from Korea.1 On December
13, 2021, Commerce selected Hyundai
Steel Company (Hyundai Steel) and
POSCO as mandatory respondents in
this administrative review.2 On June 24,
2022, Commerce extended the deadline
for the preliminary results of this review
to no later than October 28, 2022.3
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as an
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.
Scope of the Order
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review, 2020
The merchandise covered by the
Order is hot-rolled steel from Korea. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers/
exporters of certain hot-rolled steel flat
products (hot-rolled steel) from the
Republic of Korea (Korea) received de
minimis countervailable subsidies
during the period of review (POR)
January 1, 2020, through December 31,
2020. Additionally, Commerce is
rescinding this review with respect to
13 companies. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable November 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Nathan James or Kelsie Hohenberger,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5305 or
(202) 482–2517, respectively.
SUPPLEMENTARY INFORMATION:
Rescission of Administrative Review, In
Part
AGENCY:
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Preliminary Determination of No
Shipments
VI. Rate for Non-Selected Companies
VII. Discussion of the Methodology
VIII. Recommendation
22 See
1. Ae Engineers & Exporters
2. Balkrishna Steel Forge Pvt. LTD
3. BFN Forgings Private Limited (formerly
Bebitz Flanges Works Private Limited)
4. Broadway Overseas Ltd.
5. CHW Forge Private
6. Dart Global Logistics Pvt.
7. Dongguan Good Luck Furniture Industrial
Co., Ltd.
8. Dongguan Good Luck Industrial Co., Ltd.
9. Expeditors International
10. G I Auto Private
11. G.I. Auto Pvt. Ltd.
12. Hilton Metal Forging Limited
13. Jai Auto Pvt. Limited
14. Jay Jagdamba Limited
15. Katariya Steel Distributors
16. Kisaan Die Tech Pvt Ltd
17. Pradeep Metals Limited
18. Rajan Techno Cast
19. Rajan Techno Cast Pvt. Ltd.
20. Shree Jay Jagdamba Flanges Private
Limited
21. Transworld Enterprises
22. Viraj Profiles Ltd.
[C–580–884]
Dated: October 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
1. Armstrong International Pvt. Ltd.
2. Avini Metal Limited
3. CD Industries (Prop. Kisaan Engineering
Works Pvt. Ltd.)
4. Fivebros Forgings Pvt. Ltd.
5. Fluid Controls Pvt. Ltd.
6. Pashupati Ispat Pvt. Ltd.
7. Pashupati Tradex Pvt., Ltd.
8. Rolex Fittings India Pvt. Ltd.
9. Rollwell Forge Pvt. Ltd.
10. Safewater Lines (I) Pvt. Ltd.
11. Saini Flange Pvt. Ltd.
12. Saini Flanges Private
13. Jay Jagdamba Forgings Private Limited
14. Jay Jagdamba Profile Private Limited
Appendix III—List of Companies Not
Selected for Individual Examination
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Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
67685 (November 29, 2021); see also Certain HotRolled Steel Flat Products from Brazil and the
Republic of Korea: Amended Final Affirmative
Countervailing Duty Determinations and
Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
2 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Certain HotRolled Steel Flat Products from the Republic of
Korea: Respondent Selection,’’ dated December 13,
2021.
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated June 24, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review, 2020: Certain Hot-Rolled
Steel Flat Products from the Republic of Korea,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices
a timely-filed withdrawal request from
the petitioners.5 Because the withdrawal
request was timely filed, and no other
party requested a review of these
companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review with respect to the following
companies: DCE Inc; Dong Chuel
America Inc.; Dong Chuel Industrial Co.,
Ltd.; Dongbu Incheon Steel Co., Ltd.;
Dongbu Steel Co., Ltd.; Dongkuk
Industries Co., Ltd.; Dongkuk Steel Mill
Co., Ltd.; Hyewon Sni Corporation
(H.S.I.); JFE Shoji Trade Korea Ltd.;
POSCO Coated & Color Steel Co., Ltd.;
POSCO Daewoo Corporation; Soon
Hong Trading Co., Ltd.; and Sung-A
Steel Co., Ltd.6
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a financial contribution
from an authority that gives rise to a
benefit to the recipient, and that the
subsidy is specific.7 For a full
description of the methodology
underlying our conclusions, see the
accompanying Preliminary Decision
Memorandum.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the net
countervailable subsidy rates to be:
Producer/exporter
Hyundai Steel Company 8.
POSCO 9 ...................
Subsidy rate
(percent ad valorem)
0.32 (de minimis).
0.33 (de minimis).
khammond on DSKJM1Z7X2PROD with NOTICES
Verification
Commerce received a timely request
from Nucor to verify the information
5 The petitioners are: Cleveland-Cliffs Inc.; Nucor
Corporation (Nucor); SSAB Enterprises, LLC; Steel
Dynamics; Inc.; and United States Steel
Corporation.
6 See Petitioners’ Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated
February 28, 2022.
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 Hyundai Steel Company is also known as
‘‘Hyundai Steel Co., Ltd.’’ As discussed in the
Preliminary Decision Memorandum, Commerce has
found the following company to be cross-owned
with Hyundai Steel: Hyundai Green Power Co. Ltd.
9 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with POSCO: Pohang
Scrap Recycling Distribution Center Co. Ltd.;
POSCO Chemical; POSCO M-Tech; POSCO Nippon
Steel RHF Joint Venture Co., Ltd.; POSCO Steel
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18:12 Nov 03, 2022
Jkt 259001
submitted in this administrative
review.10 As provided in section
782(i)(3) of the Act, Commerce intends
to verify the information submitted by
Hyundai Steel in advance of the final
results of this review.
Disclosure and Public Comment
We intend to disclose to interested
parties the calculations performed for
these preliminary results within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b).
A timeline for the submission of case
and rebuttal briefs will be provided to
interested parties at a later date.11 Note
that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.12 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this review are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
All briefs must be filed electronically
using Enforcement and Compliance’s
ACCESS system.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. If a request
for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
Processing and Service; and POSCO Terminal. The
POSCO subsidy rate applies to all cross-owned
companies. We note that POSCO has an affiliated
trading company through which it exported certain
subject merchandise, i.e., POSCO International
Corporation (POSCO International). POSCO
International was not selected as a mandatory
respondent, but was examined in the context of
POSCO. Therefore, there is not an individuallyestablished rate for POSCO International; POSCO
International’s subsidies are accounted for in terms
of POSCO’s total subsidy rate. Entries of subject
merchandise exported by POSCO International will
receive the rate of the producer listed on the entry
form with U.S. Customs and Border Protection
(CBP). Thus, the subsidy rate applied to POSCO
(and POSCO’s cross-owned affiliates) is also
applied to POSCO International for entries of
subject merchandise produced by POSCO.
10 See Nucor’s Letter, ‘‘Request for Verification,’’
dated March 4, 2021; see also 19 CFR
351.307(b)(1)(v).
11 See 19 CFR 351.309(c) and (d).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
PO 00000
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Sfmt 4703
66649
confirm the date and time of the hearing
two days before the scheduled date.
Unless the deadline is extended, we
intend to issue the final results of this
administrative review, which will
include the results of our analysis of the
issues raised in the case briefs, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the
Act, upon issuance of the final results,
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. If the
assessment rate calculated in the final
results is zero or de minimis, we will
instruct CBP to liquidate all appropriate
entries without regard to countervailing
duties.
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
In accordance with section 751(a)(1)
of the Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
companies listed above on shipments of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, except, where
the rate calculated in the final results is
zero or de minimis, no cash deposit will
be required. For all non-reviewed firms,
we will instruct CBP to continue to
collect cash deposits at the most recent
company-specific or all-others rate
applicable to the company. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 19 CFR 351.221(b)(4).
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66650
Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Notices
Dated: October 28, 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. Period of Review
IV. Partial Rescission of Administrative
Review
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2022–24024 Filed 11–3–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Scope of the Order
International Trade Administration
[C–489–843]
Prestressed Concrete Steel Wire
Strand From the Republic of Turkey:
Preliminary Results of Countervailing
Duty Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Celik Halat ve Tel
Sanayi A.S. (Celik Halat), a producer/
exporter of prestressed concrete steel
wire strand (PC strand) from the
Republic of Turkey (Turkey) and sole
respondent for this administrative
review, received countervailable
subsidies during the period of review
(POR), September 9, 2020, through
December 31, 2021. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable November 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Jacob Garten or Amaris Wade, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3342 or (202) 482–6334,
respectively.
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2021, Commerce
published the countervailing duty order
on PC strand from Turkey.1 On April 12,
2022, Commerce published the notice of
1 See Prestressed Concrete Steel Wire Strand from
the Republic of Turkey: Countervailing Duty Order,
86 FR 7990 (February 3, 2021) (Order).
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18:12 Nov 03, 2022
Jkt 259001
initiation of this administrative review.2
For a complete description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.3 A list of topics included
in the Preliminary Decision
Memorandum is provided 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.
The product covered by the Order is
PC strand from Turkey. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). In
reaching these preliminary results,
Commerce relied on facts otherwise
available, with the application of
adverse inferences.4 For further
information, see ‘‘Use of Facts
Otherwise Available and Application of
Adverse Inferences’’ in the
accompanying Preliminary Decision
Memorandum. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
Commerce preliminarily determines
the following net countervailable
subsidy rates for the POR:
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
21619 (April 12, 2022).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2020–2021
Countervailing Duty Administrative Review of
Prestressed Concrete Steel Wire Strand from the
Republic of Turkey,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 See section 776 of the Act.
5 As discussed in the Preliminary Decision
Memorandum from the Investigation, Commerce
has found the following companies to be crossowned with Celik Halat: Dogan Sirketler Grubu
Holding A.S. and Adilbey Holding A.S.
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Fmt 4703
Sfmt 4703
Company
Celik Halat ve Tel Sanayi
A.S 5 ..................................
Subsidy rate
(percent ad
valorem)
96.33
Commerce has not calculated an
estimated weighted-average subsidy rate
for all other non-selected producer(s)/
exporter(s) because Celik Halat was the
only company subject to this
administrative review.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of these
preliminary results of review in the
Federal Register.6 Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline for filing case
briefs.7 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation 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. Case and rebuttal
briefs must be filed using ACCESS.8 An
electronically filed document must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time on
the established deadline. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.9
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If a request for
a hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined.10 Parties should confirm
by telephone the date, time, and
See 19 CFR 351.309(c).
See 19 CFR 351.309(d).
8 See 19 CFR 351.303.
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
10 See 19 CFR 310(d).
6
7
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]]>Agencies
[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66648-66650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24024]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results and Partial Rescission of Countervailing
Duty Administrative Review, 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/exporters of certain hot-rolled steel
flat products (hot-rolled steel) from the Republic of Korea (Korea)
received de minimis countervailable subsidies during the period of
review (POR) January 1, 2020, through December 31, 2020. Additionally,
Commerce is rescinding this review with respect to 13 companies. We
invite interested parties to comment on these preliminary results.
DATES: Applicable November 4, 2022.
FOR FURTHER INFORMATION CONTACT: Nathan James or Kelsie Hohenberger,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5305 or (202)
482-2517, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2021, Commerce published a notice of initiation of
an administrative review of the countervailing duty (CVD) order on hot-
rolled steel from Korea.\1\ On December 13, 2021, Commerce selected
Hyundai Steel Company (Hyundai Steel) and POSCO as mandatory
respondents in this administrative review.\2\ On June 24, 2022,
Commerce extended the deadline for the preliminary results of this
review to no later than October 28, 2022.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 67685 (November 29, 2021); see also
Certain Hot-Rolled Steel Flat Products from Brazil and the Republic
of Korea: Amended Final Affirmative Countervailing Duty
Determinations and Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
\2\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Respondent Selection,'' dated December
13, 2021.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated June
24, 2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review, 2020:
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is hot-rolled steel from
Korea. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, In Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received
[[Page 66649]]
a timely-filed withdrawal request from the petitioners.\5\ Because the
withdrawal request was timely filed, and no other party requested a
review of these companies, in accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this review with respect to the following
companies: DCE Inc; Dong Chuel America Inc.; Dong Chuel Industrial Co.,
Ltd.; Dongbu Incheon Steel Co., Ltd.; Dongbu Steel Co., Ltd.; Dongkuk
Industries Co., Ltd.; Dongkuk Steel Mill Co., Ltd.; Hyewon Sni
Corporation (H.S.I.); JFE Shoji Trade Korea Ltd.; POSCO Coated & Color
Steel Co., Ltd.; POSCO Daewoo Corporation; Soon Hong Trading Co., Ltd.;
and Sung-A Steel Co., Ltd.\6\
---------------------------------------------------------------------------
\5\ The petitioners are: Cleveland-Cliffs Inc.; Nucor
Corporation (Nucor); SSAB Enterprises, LLC; Steel Dynamics; Inc.;
and United States Steel Corporation.
\6\ See Petitioners' Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated February 28, 2022.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a financial contribution from
an authority that gives rise to a benefit to the recipient, and that
the subsidy is specific.\7\ For a full description of the methodology
underlying our conclusions, see the accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of this review, we preliminarily determine the net
countervailable subsidy rates to be:
------------------------------------------------------------------------
Producer/exporter Subsidy rate (percent ad valorem)
------------------------------------------------------------------------
Hyundai Steel Company \8\........... 0.32 (de minimis).
POSCO \9\........................... 0.33 (de minimis).
------------------------------------------------------------------------
Verification
---------------------------------------------------------------------------
\8\ Hyundai Steel Company is also known as ``Hyundai Steel Co.,
Ltd.'' As discussed in the Preliminary Decision Memorandum, Commerce
has found the following company to be cross-owned with Hyundai
Steel: Hyundai Green Power Co. Ltd.
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
POSCO: Pohang Scrap Recycling Distribution Center Co. Ltd.; POSCO
Chemical; POSCO M-Tech; POSCO Nippon Steel RHF Joint Venture Co.,
Ltd.; POSCO Steel Processing and Service; and POSCO Terminal. The
POSCO subsidy rate applies to all cross-owned companies. We note
that POSCO has an affiliated trading company through which it
exported certain subject merchandise, i.e., POSCO International
Corporation (POSCO International). POSCO International was not
selected as a mandatory respondent, but was examined in the context
of POSCO. Therefore, there is not an individually-established rate
for POSCO International; POSCO International's subsidies are
accounted for in terms of POSCO's total subsidy rate. Entries of
subject merchandise exported by POSCO International will receive the
rate of the producer listed on the entry form with U.S. Customs and
Border Protection (CBP). Thus, the subsidy rate applied to POSCO
(and POSCO's cross-owned affiliates) is also applied to POSCO
International for entries of subject merchandise produced by POSCO.
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Commerce received a timely request from Nucor to verify the
information submitted in this administrative review.\10\ As provided in
section 782(i)(3) of the Act, Commerce intends to verify the
information submitted by Hyundai Steel in advance of the final results
of this review.
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\10\ See Nucor's Letter, ``Request for Verification,'' dated
March 4, 2021; see also 19 CFR 351.307(b)(1)(v).
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Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
A timeline for the submission of case and rebuttal briefs will be
provided to interested parties at a later date.\11\ Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this review are encouraged to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. All briefs
must be filed electronically using Enforcement and Compliance's ACCESS
system.
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\11\ See 19 CFR 351.309(c) and (d).
\12\ 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, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm the date and
time of the hearing two days before the scheduled date.
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act, upon issuance of the
final results, Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries of subject merchandise
in accordance with the final results of this review. If the assessment
rate calculated in the final results is zero or de minimis, we will
instruct CBP to liquidate all appropriate entries without regard to
countervailing duties.
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
In accordance with section 751(a)(1) of the Act, Commerce intends,
upon publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
each of the companies listed above on shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this administrative review,
except, where the rate calculated in the final results is zero or de
minimis, no cash deposit will be required. For all non-reviewed firms,
we will instruct CBP to continue to collect cash deposits at the most
recent company-specific or all-others rate applicable to the company.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 19
CFR 351.221(b)(4).
[[Page 66650]]
Dated: October 28, 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. Period of Review
IV. Partial Rescission of Administrative Review
V. Scope of the Order
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2022-24024 Filed 11-3-22; 8:45 am]
BILLING CODE 3510-DS-P
