Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021, 24387-24389 [2023-08393]
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Federal Register / Vol. 88, No. 76 / Thursday, April 20, 2023 / Notices
the production of cold-drawn
mechanical tubing in the United States.
On February 1, 2023, Commerce
received a timely and adequate
substantive response from the domestic
interested parties.4 We received no
substantive responses from any other
interested parties, including the
Government of India, nor was a hearing
requested. On February 24, 2023,
Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.5 As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of the Order.
Scope of the Order
The merchandise covered by the
Order is certain cold-drawn mechanical
tubing of carbon and alloy steel. For a
complete description of the scope, see
the Issues and Decision Memorandum.6
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the accompanying
Issues and Decision Memorandum,
which is hereby adopted by this notice.
A list of the topics discussed in the
Issues and Decision Memorandum is
attached as an appendix to this notice.
The Issues and Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to 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.
Final Results of Sunset Review
ddrumheller on DSK120RN23PROD with NOTICES1
4 See
Domestic Interested Parties’ Letter,
‘‘Domestic Interested Parties’ Substantive
Response,’’ dated February 1, 2023 (Substantive
Response).
5 See Commerce’s Letter, ‘‘Sunset Reviews for
January 2023,’’ dated February 24, 2023.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
First Sunset Review of the Countervailing Duty
Order on Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
VerDate Sep<11>2014
20:01 Apr 19, 2023
Jkt 259001
merchandise at less than normal value
during the period of review (POR),
October 1, 2020, through September 30,
2021. Commerce also determines that
Goodluck India Limited .........
8.07
one mandatory respondent did not make
Tube Investments of India
Limited ...............................
42.77 sales of subject merchandise at less than
All Others ..............................
22.63 normal value during the POR.
DATES: Applicable April 20, 2023.
Administrative Protective Order (APO)
FOR FURTHER INFORMATION CONTACT:
This notice serves as the only
Christopher Williams or Thomas
reminder to parties subject to an APO of Schauer, AD/CVD Operations, Office I,
their responsibility concerning the
Enforcement and Compliance,
destruction of proprietary information
International Trade Administration,
disclosed under APO in accordance
U.S. Department of Commerce, 1401
with 19 CFR 351.305. Timely
Constitution Avenue NW, Washington,
notification of the return or destruction
DC 20230; telephone: (202) 482–5166 or
of APO materials or conversion to
(202) 482–0410, respectively.
judicial protective order is hereby
SUPPLEMENTARY INFORMATION:
requested. Failure to comply with the
Background
regulations and terms of an APO is a
sanctionable violation.
On November 1, 2022, Commerce
Subsidy rate
(percent
ad valorem)
Producer/exporter
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(c), 752(b), and 777(i)(1) of the Act
and 19 CFR 351.218.
Dated: April 14, 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. History of Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Countervailable Subsidies
2. Net Countervailable Subsidy Rates That
Are Likely To Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023–08365 Filed 4–19–23; 8:45 am]
BILLING CODE 3510–DS–P
Pursuant to sections 751I(1) and
752(b) of the Act, Commerce determines
that revocation of the Order would be
likely to lead to the continuation or
recurrence of countervailable subsidies
at the rates listed below:
24387
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–883]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea: Final
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) determines that
the producers/exporters subject to this
review made sales of subject
AGENCY:
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Frm 00006
Fmt 4703
Sfmt 4703
published in the Federal Register the
preliminary results of the 2020–2021
administrative review of the
antidumping duty order on hot-rolled
steel flat products (hot-rolled steel) from
the Republic of Korea (Korea).1 This
review covers 14 producers/exporters of
the subject merchandise, Hyundai Steel
Company (Hyundai Steel), POSCO,2 and
12 non-selected companies. We invited
parties to comment on the Preliminary
Results.3 On December 1, 2022, we
received case briefs from the
petitioners 4 and from the mandatory
respondents, Hyundai Steel and
POSCO.5 On December 15, 2022, the
petitioners and Hyundai Steel submitted
rebuttal briefs.6 On February 2, 2023,
1 See Certain Hot-Rolled Steel Flat Products from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2020–
2021, 87 FR 65744 (November 1, 2022) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 Commerce treated POSCO and POSCO
International Corporation (PIC) as a single entity in
the most recently completed review. 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). Therefore, we continue to
treat POSCO and PIC as a single entity in this
review; no party commented on this treatment.
3 See Preliminary Results, 87 FR at 65745.
4 See Petitioners’ Letter, ‘‘Petitioners’ Case Brief,’’
dated December 1, 2022. The petitioners are SSAB
Enterprises, LLC, and Steel Dynamics, Inc.
(collectively, the petitioners).
5 See Hyundai Steel’s Letter, ‘‘Hyundai Steel’s
Case Brief,’’ dated December 1, 2022; and POSCO’s
Letter, ‘‘POSCO/PIC’s Case Brief,’’ dated December
1, 2022.
6 See Petitioners’ Letter, ‘‘Petitioners’ Rebuttal
Brief,’’ dated December 15, 2022; see also Hyundai
Steel’s Letter, ‘‘Hyundai Steel’s Rebuttal Brief,’’
dated December 15, 2022.
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24388
Federal Register / Vol. 88, No. 76 / Thursday, April 20, 2023 / Notices
Commerce extended the deadline for the
final results of review until April 28,
2023.7 Commerce conducted this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order
The products covered by the Order 8
are hot-rolled steel. A full description of
the scope of the Order is contained in
the Issues and Decision Memorandum.9
Analysis of Comments Received
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 calculated a
weighted-average dumping margin for
one of the mandatory respondents,
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 margin is de
minimis, Commerce assigned to the
companies not individually examined,
listed in the chart below, a margin of
0.88 percent based on Hyundai Steel’s
calculated weighted-average dumping
margin.
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this administrative review 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
Final Results of Review
version of the Issues and Decision
We determine that the following
Memorandum can be accessed at
weighted-average dumping margins
https://access.trade.gov/public/
exist for the period October 1, 2020,
FRNoticesListLayout.aspx.
through September 30, 2021.
Changes Since the Preliminary Results
Based on the comments received from
interested parties regarding our
Preliminary Results, and for the reasons
explained in the Issues and Decision
Memorandum, we made certain changes
for the final results of review.
Rates for Non-Examined Companies
ddrumheller on DSK120RN23PROD with NOTICES1
The Act 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
7 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review; 2020–2021,’’ dated February 2, 2023.
8 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).
9 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review; 2020–2021: Certain
Hot-Rolled Steel Flat Products from the Republic of
Korea,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
VerDate Sep<11>2014
20:01 Apr 19, 2023
Jkt 259001
Producer/exporter
Hyundai Steel Company .............
POSCO; POSCO International
Corporation .............................
Weightedaverage
dumping
margin
(percent)
0.88
0.00
Review-Specific Average Rate
Applicable to the Following Companies:
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 ..........................
Weightedaverage
dumping
margin
(percent)
0.88
0.88
0.88
0.88
0.88
0.88
0.88
0.88
0.88
0.88
0.88
0.88
Disclosure
We intend to disclose the calculations
performed in connection with these
final results to parties in this proceeding
within five days after public
announcement of the final results or, if
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Fmt 4703
Sfmt 4703
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
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
For Hyundai Steel, we calculated
importer-specific assessment rates on
the basis of the ratio of the total amount
of dumping calculated for each
importer’s examined sales and the total
entered value of those sales in
accordance with 19 CFR 351.212(b)(1).
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 regard to
antidumping duties. Because POSCO’s
weighted-average dumping margin is
zero, we will instruct CBP to liquidate
POSCO’s entries without regard to
duties in accordance with 19 CFR
351.106(c)(1).
For entries of subject merchandise
during the POR produced by either of
the individually examined respondents
for which it did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
For the companies identified above
that were not selected for individual
examination, we will instruct CBP to
liquidate entries at the rate established
in these 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
Upon publication of this notice in the
Federal Register, the following cash
deposit requirements will be effective
for all shipments of hot-rolled steel
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) the cash deposit
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20APN1
Federal Register / Vol. 88, No. 76 / Thursday, April 20, 2023 / Notices
rates for the companies subject to this
review will be equal to the weightedaverage 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 companyspecific rate published in the completed
segment for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original investigation but the producer
has been covered in a prior completed
segment of this proceeding, 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
for this proceeding.10 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Dated: April 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Notification to Importers
[RTID 0648–XC949]
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 duties prior to
liquidation of the relevant entries
during this review period. 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.
North Pacific Fishery Management
Council; Public Meeting
ddrumheller on DSK120RN23PROD with NOTICES1
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under the 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/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
which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
10 See
Order, 81 FR at 67963, 67965.
VerDate Sep<11>2014
20:01 Apr 19, 2023
Jkt 259001
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: Hyundai Steel’s Quarterly
Costs
Comment 2: Hyundai Steel’s Cost
Adjustments
Comment 3: Cost Recovery Methodology
Comment 4: POSCO’s Cost Smoothing
VI. Recommendation
[FR Doc. 2023–08393 Filed 4–19–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
ACTION:
Notice of hybrid meeting.
The North Pacific Fishery
Management Council’s (Council) Crab
Plan Team will meet May 16, 2023
through May 18, 2023.
SUMMARY:
The meeting will be held on
Tuesday, May 16, 2023 to Thursday
May 18, 2023, 2023, from 9 a.m. to 4:30
p.m. Alaska time.
DATES:
The meeting will be a
hybrid meeting. Attend in person at the
Alaska Regional Office in Juneau, AK at
709 W 9th St., Juneau, AK 99802–1668
or join online through the link at
https://meetings.npfmc.org/Meeting/
Details/2990. Instructions for attending
the meeting via video conference are
given under SUPPLEMENTARY
INFORMATION, below.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Sarah Rheinsmith, Council staff; phone:
(907) 271–2809; email:
sarah.rheinsmith@noaa.gov. For
technical support, please contact our
admin Council staff, email:
npfmc.admin@noaa.gov.
SUPPLEMENTARY INFORMATION:
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Fmt 4703
Sfmt 4703
24389
Agenda
Tuesday May 16, 2023 Through
Thursday, May 18, 2023
The agenda will include: (a) the
simpler modeling working group report;
(b) WAIRKC final SAFE; (c) PIGKC final
SAFE; (d) AIGKC final SAFE; (e) PIBKC
proposed models; (f) BBRKC proposed
model runs; (g) Snow crab proposed
model runs; (h) Tanner crab proposed
models; (i) Bering sea red crab stock
structure template; (j) unobserved
mortality ongoing research discussion;
(k) BSFRF update; and (m) additional
topics. The agenda is subject to change,
and the latest version will be posted at
https://meetings.npfmc.org/Meeting/
Details/2990 prior to the meeting, along
with meeting materials.
Connection Information
You can attend the meeting online
using a computer, tablet, or smart
phone, or by phone only. Connection
information will be posted online at:
https://meetings.npfmc.org/Meeting/
Details/2990.
Public Comment
Public comment letters will be
accepted and should be submitted
electronically to https://
meetings.npfmc.org/Meeting/Details/
2990.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 17, 2023.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–08377 Filed 4–19–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC938]
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council (Council) will
hold a meeting of the Scientific and
Statistical Committee (SSC).
DATES: The meeting will be held on
Tuesday, May 9, 2023, starting at 9:30
a.m. and continue through 1:30 p.m. on
Wednesday, May 10, 2023. See
SUPPLEMENTARY INFORMATION for agenda
details.
SUMMARY:
E:\FR\FM\20APN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Pages 24387-24389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08393]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-Rolled Steel Flat 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 the
producers/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.
DATES: Applicable April 20, 2023.
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 November 1, 2022, Commerce published in the Federal Register the
preliminary results of the 2020-2021 administrative review of the
antidumping duty order on hot-rolled steel flat products (hot-rolled
steel) from the Republic of Korea (Korea).\1\ This review covers 14
producers/exporters of the subject merchandise, Hyundai Steel Company
(Hyundai Steel), POSCO,\2\ and 12 non-selected companies. We invited
parties to comment on the Preliminary Results.\3\ On December 1, 2022,
we received case briefs from the petitioners \4\ and from the mandatory
respondents, Hyundai Steel and POSCO.\5\ On December 15, 2022, the
petitioners and Hyundai Steel submitted rebuttal briefs.\6\ On February
2, 2023,
[[Page 24388]]
Commerce extended the deadline for the final results of review until
April 28, 2023.\7\ Commerce conducted this review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2020-2021, 87 FR 65744 (November 1, 2022) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ Commerce treated POSCO and POSCO International Corporation
(PIC) as a single entity in the most recently completed review. 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). Therefore, we continue to treat POSCO and PIC as a
single entity in this review; no party commented on this treatment.
\3\ See Preliminary Results, 87 FR at 65745.
\4\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated
December 1, 2022. The petitioners are SSAB Enterprises, LLC, and
Steel Dynamics, Inc. (collectively, the petitioners).
\5\ See Hyundai Steel's Letter, ``Hyundai Steel's Case Brief,''
dated December 1, 2022; and POSCO's Letter, ``POSCO/PIC's Case
Brief,'' dated December 1, 2022.
\6\ See Petitioners' Letter, ``Petitioners' Rebuttal Brief,''
dated December 15, 2022; see also Hyundai Steel's Letter, ``Hyundai
Steel's Rebuttal Brief,'' dated December 15, 2022.
\7\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2020-2021,'' dated February
2, 2023.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order \8\ are hot-rolled steel. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.\9\
---------------------------------------------------------------------------
\8\ 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).
\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review; 2020-2021:
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this administrative review 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on the comments received from interested parties regarding
our Preliminary Results, and for the reasons explained in the Issues
and Decision Memorandum, we made certain changes for the final results
of review.
Rates for Non-Examined Companies
The Act 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 calculated a weighted-average dumping margin for
one of the mandatory respondents, 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 margin is
de minimis, Commerce assigned to the companies not individually
examined, listed in the chart below, a margin of 0.88 percent based on
Hyundai Steel's calculated weighted-average dumping margin.
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period October 1, 2020, through September 30, 2021.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 0.88
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............................................. 0.88
Dongkuk Industries Co., Ltd................................. 0.88
Dongkuk Steel Mill Co., Ltd................................. 0.88
Gs Global Corp.............................................. 0.88
Gs Holdings Corp............................................ 0.88
KG Dongbu Steel Co., Ltd.................................... 0.88
Marubeni-Itochu Steel Korea, Ltd............................ 0.88
Samsung C and T Corporation................................. 0.88
Snp Ltd..................................................... 0.88
Soon Ho Co., Ltd............................................ 0.88
Soon Hong Trading Co. Ltd................................... 0.88
Sungjin Co., Ltd............................................ 0.88
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Disclosure
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days
after public announcement of the final results 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
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
For Hyundai Steel, we calculated importer-specific assessment rates
on the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales and the total entered value of those
sales in accordance with 19 CFR 351.212(b)(1). 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 regard to
antidumping duties. Because POSCO's weighted-average dumping margin is
zero, we will instruct CBP to liquidate POSCO's entries without regard
to duties in accordance with 19 CFR 351.106(c)(1).
For entries of subject merchandise during the POR produced by
either of the individually examined respondents for which it did not
know that its merchandise was destined for 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.
For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rate established in these 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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of hot-rolled steel entered, or withdrawn from warehouse, for
consumption on or after the date of publication as provided by section
751(a)(2) of the Act: (1) the cash deposit
[[Page 24389]]
rates for the companies subject to this review 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 published in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation but the producer has been
covered in a prior completed segment of this proceeding, 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 for this proceeding.\10\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ See Order, 81 FR at 67963, 67965.
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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 duties prior to liquidation
of the relevant entries during this review period. 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the 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/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 which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: April 14, 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: Hyundai Steel's Quarterly Costs
Comment 2: Hyundai Steel's Cost Adjustments
Comment 3: Cost Recovery Methodology
Comment 4: POSCO's Cost Smoothing
VI. Recommendation
[FR Doc. 2023-08393 Filed 4-19-23; 8:45 am]
BILLING CODE 3510-DS-P
