Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2021, 37019-37021 [2023-12029]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
37019
rate for the intermediate company(ies)
involved in the transaction.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of subject merchandise during
the POR, and for future cash deposits of
estimated antidumping duties, where
applicable. 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).
Notification to Importers
DEPARTMENT OF COMMERCE
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
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 the Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
International Trade Administration
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
listed above will be equal to the
weighted-average dumping margin
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not covered by this review,
the cash deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the LTFV
investigation, but the producer is, then
the cash deposit rate will be the rate
established for the most recently
completed segment for the producer of
the subject merchandise; and (4) the
cash deposit rate for all other producers
and exporters will continue to be 1.57
percent, the all-others rate established
in the amended final determination of
the LTFV investigation.22
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Dated: May 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
22 See Large Diameter Welded Pipe from the
Republic of Turkey: Notice of Court Decision Not in
Harmony With Amended Final Determination in
the Less-Than-Fair-Value Investigation; Notice of
Amended Final Determination Pursuant to Court
Decision; and Notice of Revocation of Antidumping
Duty Order, in Part, 85 FR 35262, 35263 (June 9,
2020) (Amended Final Determination).
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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.
Appendix I
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
Appendix II
List of Companies Not Selected for
Individual Examination
1. Borusan Mannesmann Boru Sanayi ve
Ticaret A.S.23
2. Borusan Istikbal Ticaret
3. Cagil Makina San ve Tic A.S. AKA Cagil
Makina A.S.
4. Spirally Welded Steel Pipe Inc.
5. Emek Boru Makina Sanayi ve Ticaret A.S.
6. Erciyas Celik Boru Sanayi A.S.
7. Mazlum Mangtay Boru Son. Ins. Tar. Urn.
San. ve Tic. A.S.
8. Ozbal Celik Boru San. Tic. Ve TAAH A.S.
9. Umran Celik Boru Sanayii A.S.
[FR Doc. 2023–12026 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DS–P
23 Subject merchandise produced and exported by
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(Borusan) was excluded from the order effective
June 1, 2020. See Amended Final Determination, 85
FR at 35264. Commerce also stated in this notice
that it would not initiate a new review of Borusan’s
entries. Accordingly, Borusan is only covered by
this administrative review for subject merchandise
produced in Turkey where Borusan acted as either
the producer or exporter, but not both.
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[C–580–888]
Certain Carbon and Alloy Steel Cut-toLength Plate From the Republic of
Korea: Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2021
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to certain
producers and exporters of certain
carbon and alloy steel cut-to-length
plate (CTL plate) from the Republic of
Korea (Korea) during the period of
review (POR) January 1, 2021, through
December 31, 2021. In addition,
Commerce is rescinding this review
with respect to 44 companies. Interested
parties are invited to comment on these
preliminary results of review.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery, 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) 482–1537.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 25, 2017, Commerce
published a countervailing duty (CVD)
order on CTL plate from Korea.1 On July
14, 2022, Commerce published a notice
of initiation of an administrative review
of the Order.2 We initiated an
administrative review of 46 producers/
exporters of CTL plate from Korea for
the POR. On August 1, 2022, Commerce
selected POSCO as the sole mandatory
respondent in this administrative
review.3
On December 22, 2022, Commerce
extended the deadline for the
preliminary results of this review to no
later than May 31, 2023.4
1 See Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea:
Countervailing Duty Order, 82 FR 24103 (May 25,
2017) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144, 42151 (July 14, 2022) (Initiation Notice).
3 See Memorandum, ‘‘Respondent Selection,’’
dated August 1, 2022.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review; 2021,’’ dated December 22,
2022.
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37020
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included at Appendix
I. 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.
specific.7 For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Manufacturer/exporter
Net
countervailable
subsidy rate
(percent ad
valorem)
Scope of the Order
POSCO 8 .........................
0.79
The merchandise covered by the
Order is CTL plate. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, in
Part
On September 6, 2022, Commerce
notified interested parties that we
intended to rescind this administrative
review for 44 companies for which the
record information shows no suspended
entries of subject merchandise during
the POR.6 No parties commented on the
notification of the intent to rescind the
review, in part. Therefore, we find that
there were no entries of subject
merchandise during the POR by the 44
companies listed in Appendix II. As a
result of our finding, we are rescinding
this review, in part, pursuant to 19 CFR
351.213(d)(3) with respect to these
companies. For further information
regarding this determination, see
‘‘Rescission of Administrative Review,
In Part’’ section in the Preliminary
Decision Memorandum.
Methodology
ddrumheller on DSK120RN23PROD with NOTICES1
Commerce is conducting this CVD
administrative 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
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
5 See
Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review; 2021: Certain Carbon and
Alloy Steel Cut-to-Length Plate from the Republic
of Korea,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
6 See Memorandum, ‘‘Notice of Intent to Rescind
Review, in Part,’’ dated September 6, 2022.
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Preliminary Results of Review
In accordance with 19 CFR
351.221(b)(4)(i), we calculated an
individual net countervailable subsidy
rate for POSCO. We preliminarily find
the countervailable subsidy rate for the
mandatory respondent under review to
be as follows:
Disclosure
We intend to disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon for its final
results of this review.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Interested parties will be
notified of the timeline for the
submission of case briefs at a later date.9
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the date for filing
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 As discussed in the Preliminary Decision
Memorandum, Commerce preliminarily finds the
following companies to be cross-owned with
POSCO: Pohang Scrap Recycling Distribution
Center Co. Ltd.; POSCO Chemical Co., Ltd.; POSCO
M-Tech Co., Ltd.; POSCO Nippon Steel RHF Joint
Venture Co., Ltd.; POSCO SPS Co., Ltd.; and
POSCO Terminal Co., Ltd. The subsidy rate applies
to all cross-owned companies. We note that POSCO
has an affiliated trading company through which it
exported certain subject merchandise during the
POR, POSCO International (aka POSCO
International Corporation). POSCO International
was not selected as a mandatory respondent but
was examined in the context of POSCO. Therefore,
there is not an established CVD rate for POSCO
International; POSCO International’s subsidies are
accounted for in POSCO’s total subsidy rate.
Instead, entries of subject merchandise exported by
POSCO International will receive the rate of the
producer listed on the U.S. Customs and Border
Protection (CBP) entry form. 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.
9 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
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case briefs.10 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) a statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.11
Pursuant to 19 CFR 251.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s ACCESS system within 30
days of publication of this notice.12
Requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; (3)
whether any participant is a foreign
national; and (4) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case and rebuttal briefs. 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.
Parties are reminded that all briefs
and hearing requests must be filed
electronically using ACCESS 13 and
must be served on interested parties.14
Electronically filed documents must be
received successfully in their entirety 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.15
Final Results
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised by the parties in any
written briefs, no later than 120 days
after the date of publication of these
preliminary results.
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
10 See 19 CFR 351.309(d)(1); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19, 85 FR 17006, 17007 (March 26, 2020).
11 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
12 See 19 CFR 351.310(c).
13 See 19 CFR 351.303.
14 See 19 CFR 351.303(f).
15 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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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
shown above for the producers/
exporters shown above. Upon
completion of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries covered by this
review, for the above-listed companies.
For the companies for which this
review is rescinded, Commerce will
instruct CBP to assess countervailing
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2021, through
December 31, 2021, in accordance with
19 CFR 351.212(c)(l)(i). We intend to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of this notice in the Federal
Register.
For the companies remaining in the
review, we intend 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 Rate
Pursuant to section 751(a)(2)(C) 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 calculated in the final results
for 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
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 of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213(d)(4) and
351.221(b)(4).
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Jkt 259001
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Diversification of Korea’s Economy
VI. Rescission of the Administrative Review,
In Part
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
Appendix II—Companies for Which
Commerce Is Rescinding the Review
1. Ajin Industrial Co., Ltd.
2. BDP International
3. Blue Track Equipment
4. Boxco
5. Bukook Steel Co., Ltd.
6. Buma CE Co., Ltd.
7. China Chengdu International TechnoEconomic Cooperation Co., Ltd.
8. Daehan I.M. Co., Ltd.
9. Daehan Tex Co., Ltd.
10. Daelim Industrial Co., Ltd.
11. Daesam Industrial Co., Ltd.
12. Daesin Lighting Co., Ltd.
13. Daewoo International Corp.
14. Dong Yang Steel Pipe
15. DK Dongshin Co., Ltd.
16. Dongbu Steel Co., Ltd.
17. Dongkuk Industries Co., Ltd.
18. Dongkuk Steel Mill Co., Ltd.
19. EAE Automotive Equipment
20. EEW KHPC Co., Ltd.
21. Eplus Expo Inc.
22. GS Global Corp.
23. Haem Co, Ltd.
24. Han Young Industries
25. Hyosung Corp.
26. Hyundai Steel Co.
27. Jinmyung Frictech Co., Ltd.
28. Khana Marine Ltd.
29. Kindus Inc.
30. Korean Iron and Steel Co., Ltd.
31. Kyoungil Precision Co., Ltd.
32. Menics
33. Qian’an Rentai Metal Products Co., Ltd.
34. Samsun C&T Corp.
35. Samsung
36. Shinko
37. Shipping Imperial Co., Ltd.
38. Sinchang Eng Co., Ltd.
39. SK Networks Co., Ltd.
40. SNP Ltd.
41. Steel N People Ltd.
42. Summit Industry
43. Sungjin Co., Ltd.
44. Young Sun Steel
[FR Doc. 2023–12029 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DS–P
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37021
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–823]
Silicomanganese From India:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that silicomanganese from
India was sold in the United States at
less than normal value during the
period of review (POR) May 1, 2021,
through April 30, 2022. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 23, 2002, Commerce
published the antidumping duty order
on silicomanganese from India.1 On
May 24, 2022, Maithan Alloys Ltd.
(MAL) requested an administrative
review of itself.2 On July 14, 2022, in
accordance with 19 CFR 351.221(c)(i),
Commerce initiated an administrative
review of the Order, covering MAL.3
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
on January 9, 2023, Commerce
determined that it was not practicable to
complete the preliminary results of this
review within 245 days and extended
the deadline for the preliminary results
of this review until May 31, 2023.4
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
1 See Notice of Amended Final Determination of
Sales at Less than Fair Value and Antidumping
Duty Orders: Silicomanganese from India,
Kazakhstan, and Venezuela, 67 FR 36149 (May 23,
2002) (Order).
2 See MAL’s Letter, ‘‘Request for Administrative
Review of Antidumping Order A–533–823,’’ dated
May 24, 2022.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2020–2022 Antidumping
Duty Administrative Review,’’ dated January 9,
2023.
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]]>Agencies
[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37019-37021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12029]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-888]
Certain Carbon and Alloy Steel Cut-to-Length Plate From the
Republic of Korea: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to certain
producers and exporters of certain carbon and alloy steel cut-to-length
plate (CTL plate) from the Republic of Korea (Korea) during the period
of review (POR) January 1, 2021, through December 31, 2021. In
addition, Commerce is rescinding this review with respect to 44
companies. Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery, 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) 482-1537.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2017, Commerce published a countervailing duty (CVD)
order on CTL plate from Korea.\1\ On July 14, 2022, Commerce published
a notice of initiation of an administrative review of the Order.\2\ We
initiated an administrative review of 46 producers/exporters of CTL
plate from Korea for the POR. On August 1, 2022, Commerce selected
POSCO as the sole mandatory respondent in this administrative
review.\3\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May
25, 2017) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144, 42151 (July 14, 2022)
(Initiation Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated August 1,
2022.
---------------------------------------------------------------------------
On December 22, 2022, Commerce extended the deadline for the
preliminary results of this review to no later than May 31, 2023.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2021,'' dated
December 22, 2022.
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[[Page 37020]]
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included at Appendix I. 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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review; 2021:
Certain Carbon and Alloy Steel Cut-to-Length Plate 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 CTL plate. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, in Part
On September 6, 2022, Commerce notified interested parties that we
intended to rescind this administrative review for 44 companies for
which the record information shows no suspended entries of subject
merchandise during the POR.\6\ No parties commented on the notification
of the intent to rescind the review, in part. Therefore, we find that
there were no entries of subject merchandise during the POR by the 44
companies listed in Appendix II. As a result of our finding, we are
rescinding this review, in part, pursuant to 19 CFR 351.213(d)(3) with
respect to these companies. For further information regarding this
determination, see ``Rescission of Administrative Review, In Part''
section in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated September 6, 2022.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this CVD administrative 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 government-
provided financial contribution 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 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
In accordance with 19 CFR 351.221(b)(4)(i), we calculated an
individual net countervailable subsidy rate for POSCO. We preliminarily
find the countervailable subsidy rate for the mandatory respondent
under review to be as follows:
------------------------------------------------------------------------
Net
countervailable
Manufacturer/exporter subsidy rate
(percent ad
valorem)
------------------------------------------------------------------------
POSCO \8\........................................... 0.79
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\8\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds the following companies to be cross-
owned with POSCO: Pohang Scrap Recycling Distribution Center Co.
Ltd.; POSCO Chemical Co., Ltd.; POSCO M-Tech Co., Ltd.; POSCO Nippon
Steel RHF Joint Venture Co., Ltd.; POSCO SPS Co., Ltd.; and POSCO
Terminal Co., Ltd. The subsidy rate applies to all cross-owned
companies. We note that POSCO has an affiliated trading company
through which it exported certain subject merchandise during the
POR, POSCO International (aka POSCO International Corporation).
POSCO International was not selected as a mandatory respondent but
was examined in the context of POSCO. Therefore, there is not an
established CVD rate for POSCO International; POSCO International's
subsidies are accounted for in POSCO's total subsidy rate. Instead,
entries of subject merchandise exported by POSCO International will
receive the rate of the producer listed on the U.S. Customs and
Border Protection (CBP) entry form. 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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We intend to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results of this
review.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the timeline for the submission of case briefs at a
later date.\9\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the date for filing
case briefs.\10\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must
be limited to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) a statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\11\
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\9\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\10\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020).
\11\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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Pursuant to 19 CFR 251.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
using Enforcement and Compliance's ACCESS system within 30 days of
publication of this notice.\12\ Requests should contain: (1) the
party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues to be discussed. Issues raised in the hearing will
be limited to those raised in the respective case and rebuttal briefs.
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.
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\12\ See 19 CFR 351.310(c).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS \13\ and must be served on interested
parties.\14\ Electronically filed documents must be received
successfully in their entirety 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.\15\
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\13\ See 19 CFR 351.303.
\14\ See 19 CFR 351.303(f).
\15\ 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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Final Results
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
[[Page 37021]]
shown above for the producers/exporters shown above. Upon completion of
the administrative review, consistent with section 751(a)(1) of the Act
and 19 CFR 351.212(b)(2), Commerce shall determine, and CBP shall
assess, countervailing duties on all appropriate entries covered by
this review, for the above-listed companies.
For the companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2021, through December 31,
2021, in accordance with 19 CFR 351.212(c)(l)(i). We intend to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
For the companies remaining in the review, we intend 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 Rate
Pursuant to section 751(a)(2)(C) 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 calculated
in the final results for 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 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 of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate.
These cash deposit instructions, when imposed, shall remain in effect
until further notice.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4) and 351.221(b)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Diversification of Korea's Economy
VI. Rescission of the Administrative Review, In Part
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
Appendix II--Companies for Which Commerce Is Rescinding the Review
1. Ajin Industrial Co., Ltd.
2. BDP International
3. Blue Track Equipment
4. Boxco
5. Bukook Steel Co., Ltd.
6. Buma CE Co., Ltd.
7. China Chengdu International Techno-Economic Cooperation Co., Ltd.
8. Daehan I.M. Co., Ltd.
9. Daehan Tex Co., Ltd.
10. Daelim Industrial Co., Ltd.
11. Daesam Industrial Co., Ltd.
12. Daesin Lighting Co., Ltd.
13. Daewoo International Corp.
14. Dong Yang Steel Pipe
15. DK Dongshin Co., Ltd.
16. Dongbu Steel Co., Ltd.
17. Dongkuk Industries Co., Ltd.
18. Dongkuk Steel Mill Co., Ltd.
19. EAE Automotive Equipment
20. EEW KHPC Co., Ltd.
21. Eplus Expo Inc.
22. GS Global Corp.
23. Haem Co, Ltd.
24. Han Young Industries
25. Hyosung Corp.
26. Hyundai Steel Co.
27. Jinmyung Frictech Co., Ltd.
28. Khana Marine Ltd.
29. Kindus Inc.
30. Korean Iron and Steel Co., Ltd.
31. Kyoungil Precision Co., Ltd.
32. Menics
33. Qian'an Rentai Metal Products Co., Ltd.
34. Samsun C&T Corp.
35. Samsung
36. Shinko
37. Shipping Imperial Co., Ltd.
38. Sinchang Eng Co., Ltd.
39. SK Networks Co., Ltd.
40. SNP Ltd.
41. Steel N People Ltd.
42. Summit Industry
43. Sungjin Co., Ltd.
44. Young Sun Steel
[FR Doc. 2023-12029 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
