Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021, 7406-7408 [2023-02216]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7406-7408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02216]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-878]


Certain Corrosion-Resistant Steel Products 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 
Dongkuk Steel Mill Co., Ltd. (Dongkuk) and certain companies not 
selected for individual examination made sales of subject merchandise 
in the United States at prices below normal value (NV) during the 
period of review (POR) July 1, 2020, through June 30, 2021. In 
addition, Commerce determines that Hyundai Steel Company (Hyundai) did 
not make sales of subject merchandise in the United States at prices 
below NV during the POR.

DATES: Applicable February 3, 2023.

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 August 4, 2022, Commerce published the Preliminary Results of 
the 2020-2021 administrative review of the antidumping duty order on 
certain corrosion-resistant steel products (CORE) from the Republic of 
Korea (Korea) and invited interested parties to comment.\1\ The 
administrative review

[[Page 7407]]

covers eight exporters and/or producers of the subject merchandise,\2\ 
of which we selected Dongkuk and Hyundai as mandatory respondents.\3\ 
For a summary of the events that occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\4\ Commerce conducted 
this review in accordance with section 751(a)(1)(B) of the Tariff Act 
of 1930, as amended (the Act).
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    \1\ See Certain Corrosion-Resistant Steel Products from the 
Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review, 2020-2021, 87 FR 47716 (August 4, 2022) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034, 50040 (September 7, 2021) 
(Initiation Notice).
    \3\ See Preliminary Results, 87 FR at 47717.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020-2021 Antidumping Duty Administrative 
Review: Certain Corrosion-Resistant Steel Products 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 \5\
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    \5\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016) (Order).
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    The merchandise covered by this Order is CORE from Korea. A full 
description of the scope of the Order is contained in the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. A list of the issues 
addressed in the Issues and Decision Memorandum is 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.

Verification

    Pursuant to section 782(i) of the Act, and 19 CFR 351.307(b)(v), we 
conducted verification of the questionnaire responses of Dongkuk and 
Hyundai.\6\
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    \6\ See Memorandum, ``Verification of the Sales and Cost 
Responses of Dongkuk Steel Mill Co., Ltd. in the Antidumping Duty 
Administrative Review of Corrosion-Resistant Steel Products from the 
Republic of Korea,'' dated December 23, 2022; see also Memorandum 
``Verification of the Sales and Cost Responses of Hyundai Steel 
Company in the Antidumping Duty Administrative Review of Corrosion-
Resistant Steel Products from the Republic of Korea,'' dated January 
3, 2023.
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average dumping margin calculations 
for Dongkuk and Hyundai,\7\ as well as the preliminary weighted-average 
dumping margin assigned to the companies not selected for individual 
examination.
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    \7\ See Issues and Decision Memorandum at Comments 1 through 3.
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Rates for Companies Not Selected for Individual Examination

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to individual 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 an 
investigation, for guidance when calculating the rate for companies 
which we did not individually examine in an administrative review. 
Section 735(c)(5)(A) of the Act establishes a preference to avoid using 
rates which are zero, de minimis, or based entirely on facts available 
(FA) in calculating an all-others rate. Accordingly, Commerce's 
practice in administrative reviews has been to average the weighted-
average dumping margins for the companies selected for individual 
examination in the administrative review, excluding rates that are 
zero, de minimis, or based entirely on FA.\8\ For these final results 
of review, we calculated a zero weighted-average dumping margin for 
Hyundai and a weighted-average dumping margin for Dongkuk that is not 
zero, de minimis, or based entirely on FA. Therefore, consistent with 
our practice, we have assigned the companies not selected for 
individual examination the weighted-average dumping margin calculated 
for Dongkuk.
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    \8\ See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews and Rescission of Reviews in 
Part, 73 FR 52823, 52824
    (September 11, 2008), and accompanying Issues and Decision 
Memorandum at Comment 16.
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Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the period July 1, 2021, through June 30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Dongkuk Steel Mill Co., Ltd.................................        1.79
Hyundai Steel Company.......................................        0.00
KG Steel Corporation/KG Dongbu Steel Co., Ltd.\9\...........        1.79
POSCO.......................................................        1.79
POSCO Coated & Color Steel Co., Ltd.........................        1.79
POSCO International Corporation.............................        1.79
POSCO Daewoo Corporation \10\...............................        1.79
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Disclosure
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    \9\ In a recently completed changed circumstances review, 
Commerce found that KG Steel Corporation (dba KG Dongbu Steel Co., 
Ltd.) is the successor-in-interest to KG Dongbu Steel Co., Ltd. for 
purposes of determining antidumping cash deposits and liabilities. 
See Certain Cold-Rolled Steel Flat Products and Certain Corrosion-
Resistant Steel Products from the Republic of Korea: Final Results 
of Antidumping and Countervailing Duty Changed Circumstances 
Reviews, 87 FR 64013 (October 21, 2022); see also Certain Cold-
Rolled Steel Flat Products and Certain Corrosion-Resistant Steel 
Products from the Republic of Korea: Final Results of Antidumping 
and Countervailing Duty Changed Circumstances Reviews, 86 FR 10922 
(February 23, 2021) (determining that KG Dongbu Steel Co., Ltd. was 
the successor-in-interest to Dongbu Steel Co., Ltd. and Dongbu 
Incheon Steel Co., Ltd.).
    \10\ While POSCO requested, and we initiated, a review of 
``POSCO International Corporation (formerly POSCO Daewoo 
Corporation)'' in this proceeding (see Initiation Notice), we have 
made no determination that POSCO International Corporation is the 
successor-in-interest to POSCO Daewoo Corporation. Therefore, we 
have separately identified these entities for antidumping cash 
deposit and liability purposes.
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    Commerce intends to disclose to interested parties the calculations 
performed in connection with the final results within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final results in the 
Federal Register, in accordance with 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 in 
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). 
Pursuant to 19 CFR 351.212(b)(1), because Dongkuk reported the entered 
value of its U.S. sales, we calculated importer-specific ad valorem 
duty assessment rates based on the ratio of the total amount of dumping 
calculated for the examined sales to the total entered value of the 
sales for which entered value was reported. Where an importer-specific 
assessment rate is de minimis (i.e., less than 0.5 percent), the 
entries by that importer will be liquidated without

[[Page 7408]]

regard to antidumping duties. Because the final weighted-average 
dumping margin for Hyundai Steel Company is zero percent, we intend to 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\11\
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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, 8102 (February 14, 
2012).
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    Consistent with Commerce's clarification of its assessment 
practice, for entries of subject merchandise during the POR produced by 
the above-referenced respondents for which they did not know that the 
merchandise was destined for the United States, we will instruct CBP to 
liquidate those entries at the all-others rate in the original less-
than-fair-value (LTFV) investigation (as amended) \12\ if there is no 
rate for the intermediate company(ies) involved in the transaction.\13\
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    \12\ See Order; and Certain Corrosion-Resistant Steel Products 
from the Republic of Korea: Notice of Court Decision Not in Harmony 
with Final Determination of Investigation and Notice of Amended 
Final Results, 83 FR 39054 (August 8, 2018) (Timken and Amended 
Final Results).
    \13\ 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).
    The final results of this 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.\14\
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    \14\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of CORE from Korea entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results as 
provided by section 751(a)(2) of the Act: (1) the cash deposit rate for 
each specific company listed above will be equal to the weighted-
average dumping margin established in the final results of the review; 
(2) for merchandise exported by producers or exporters not covered in 
this review but covered in a prior completed segment of the proceeding, 
the cash deposit rate will continue to be the company-specific rate 
established in the completed segment for the most recent period; (3) if 
the exporter is not a firm covered in this review or the original LTFV 
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 8.31 percent, 
the all-others rate established in the LTFV investigation (as amended) 
in this proceeding.\15\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \15\ See Order, and as amended by Timken and Amended Final 
Results.
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Notification to Importers

    This notice 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 and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing 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 
terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a) and 777(i) of the Act, and 19 
CFR 351.221(b)(5).

    Dated: January 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Dongkuk's Home Market Overrun Sales Are 
Outside the Ordinary Course of Trade
    Comment 2: Whether Commerce Used the Correct Gross Unit Price 
for Hyundai's U.S. Sales
    Comment 3: Whether to Deduct Certain Inland Freight and Other 
Direct Selling Expenses from Hyundai's Home Market Prices in the 
Calculation of Normal Value
VI. Recommendation

[FR Doc. 2023-02216 Filed 2-2-23; 8:45 am]
BILLING CODE 3510-DS-P