Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 40207-40209 [2023-13128]
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the EAR,
or in any other activity subject to the
EAR including, but not limited to:
A. Applying for, obtaining, or using
any license (except directly related to
safety of flight), license exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the EAR except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations, or engaging in any
other activity subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the EAR, or from any
other activity subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of Siberian any
item subject to the EAR except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
Siberian of the ownership, possession,
or control of any item subject to the EAR
that has been or will be exported from
the United States, including financing
or other support activities related to a
transaction whereby Siberian acquires
or attempts to acquire such ownership,
possession or control except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from Siberian of any item
subject to the EAR that has been
exported from the United States except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations;
D. Obtain from Siberian in the United
States any item subject to the EAR with
knowledge or reason to know that the
item will be, or is intended to be,
exported from the United States except
directly related to safety of flight and
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18:36 Jun 20, 2023
Jkt 259001
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations; or
E. Engage in any transaction to service
any item subject to the EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by Siberian, or
service any item, of whatever origin,
that is owned, possessed or controlled
by Siberian if such service involves the
use of any item subject to the EAR that
has been or will be exported from the
United States except directly related to
safety of flight and authorized by BIS
pursuant to Section 764.3(a)(2) of the
Regulations. For purposes of this
paragraph, servicing means installation,
maintenance, repair, modification, or
testing.
Third, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to Siberian by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order.
In accordance with the provisions of
Sections 766.24(e) of the EAR, Siberian
may, at any time, appeal this Order by
filing a full written statement in support
of the appeal with the Office of the
Administrative Law Judge, U.S. Coast
Guard ALJ Docketing Center, 40 South
Gay Street, Baltimore, Maryland 21202–
4022.
In accordance with the provisions of
Section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. A renewal
request may be opposed by Siberian as
provided in Section 766.24(d), by filing
a written submission with the Assistant
Secretary of Commerce for Export
Enforcement, which must be received
not later than seven days before the
expiration date of the Order.
A copy of this Order shall be provided
to Siberian, and shall be published in
the Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
Dated: June 15, 2023.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2023–13162 Filed 6–20–23; 8:45 am]
BILLING CODE 3510–DT–P
PO 00000
40207
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–887]
Carbon and Alloy Steel Cut-to-Length
Plate From the Republic of Korea:
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) is conducting an
administrative review of the
antidumping duty order on carbon and
alloy steel cut-to-length plate (CTL
plate) from the Republic of Korea
(Korea). The period of review (POR) is
May 1, 2021, through April 30, 2022.
The review covers one producer and/or
exporter of the subject merchandise,
POSCO, POSCO International
Corporation and its affiliated companies
(collectively, the POSCO single entity).
We preliminarily determine that sales of
subject merchandise by the POSCO
single entity were not made at prices
below normal value (NV). Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable June 21, 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:
AGENCY:
Background
On July 14, 2022, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we published
the initiation of an administrative
review on CTL plate from Korea
produced and/or exported by POSCO.1
On December 12, 2022, we extended
the preliminary results of this review to
no later than May 31, 2023.2 For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.3
1 See Initiation of Antidumping and
Countervailing Duty Administration Reviews, 87 FR
42144 (July 14, 2022) (Initiation Notice).
2 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of the 2021–2022
Antidumping Duty Administrative Review,’’ dated
December 12, 2022.
3 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Continued
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40208
Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
Scope of the Order 4
The merchandise subject to the Order
is CTL plate. The product is currently
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7225.40.1110, 7225.40.1180,
7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the Order may
also enter under the following HTSUS
subheadings: 7208.40.6060,
7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000,
7211.19.1500, 7211.19.2000,
7211.19.4500, 7211.19.6000,
7211.19.7590, 7211.90.0000,
7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.10.000,
7214.30.0010, 7214.30.0080,
7214.91.0015, 7214.91.0060,
7214.91.0090, 7225.11.0000,
7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160,
7225.40.7000, 7225.99.0010,
7225.99.0090, 7206.11.1000,
7226.11.9060, 7229.19.1000,
7226.19.9000, 7226.91.0500,
7226.91.1530, 7226.91.1560,
7226.91.2530, 7226.91.2560,
7226.91.7000, 7226.91.8000, and
7226.99.0180. The HTSUS subheadings
are provided for convenience and
customs purposes only; the written
product description of the scope of the
Order is dispositive.
For a complete description of the
merchandise subject to the Order, see
the Preliminary Decision Memorandum.
lotter on DSK11XQN23PROD with NOTICES1
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price is calculated in accordance with
section 772 of the Act. NV is calculated
in accordance with section 773 of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Administrative Review: 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).
4 See Certain Carbon and Alloy Steel Cut-toLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096 (May 25, 2017) (Order).
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Jkt 259001
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
at https://access.trade.gov/public/
FRNoticesListLayout.aspx. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice.
Preliminary Results of the Review
As a result of our analysis of the
record information, we preliminarily
determine a weighted-average dumping
margin of 0.00 percent for the POSCO
single entity 5 for the period May 1,
2021, through April 30, 2022.6
Therefore, Commerce preliminarily
determines that the POSCO single entity
made no sales of subject merchandise at
prices below NV.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties with an administrative
protective order within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Interested parties may
submit case briefs to Commerce no later
than 30 days after the date of
publication of this notice.7 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
seven days after the date for filing case
briefs.8 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
5 Commerce continues to find that POSCO,
POSCO International Corporation, POSCO MS, and
certain distributors and service centers (Taechang
Steel Co., Ltd. and Winsteel Co., Ltd.) are affiliated
pursuant to section 771(33)(E) of the Act, and
further that these companies should be treated as
a single entity (collectively, the POSCO single
entity) pursuant to 19 CFR 351.401(f). See
Preliminary Decision Memorandum.
6 See Preliminary Decision Memorandum.
7 See 19 CFR 351.309(c)(1)(ii).
8 See 19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006 (March 26, 2020); and
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)
(collectively, Temporary Rule).
PO 00000
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Fmt 4703
Sfmt 4703
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
All submissions to Commerce must be
filed electronically using ACCESS and
must also be served on interested
parties.9 An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the
document is due. Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.10
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance within 30
days of publication of this notice.11
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 by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Final Results of Review
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
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
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
administrative 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).
9 See
19 CFR 351.303(b) and 19 CFR 351.303(f).
Temporary Rule.
11 See 19 CFR 351.310(c).
10 See
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
Commerce will calculate importerspecific antidumping duty assessment
rates when a respondent’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent).
Pursuant to 19 CFR 351.212(b)(1), where
the respondent reported the entered
value of its U.S. sales, we will calculate
importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
dumping calculated for the examined
sales to each importer to the total
entered value of those sales. Where the
respondent did not report entered value,
we will calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for the examined sales to
each importer to the total quantity of
those sales.12 We will also calculate an
estimated ad valorem importer-specific
assessment rate with which to assess
whether the per-unit assessment rate is
de minimis. We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific ad
valorem assessment rate calculated in
the final results of this review is not
zero or de minimis. Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer-specific ad
valorem assessment rate is zero or de
minimis,13 we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Commerce’s ‘‘reseller policy’’ will
apply to entries of subject merchandise
during the POR produced by the POSCO
single entity for which the POSCO
single entity did not know that the
merchandise it sold to the intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.14
lotter on DSK11XQN23PROD with NOTICES1
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of the subject
merchandise entered, or withdrawn
12 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
13 See 19 CFR 351.106(c)(2).
14 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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18:36 Jun 20, 2023
Jkt 259001
from warehouse, for consumption on or
after the publication date, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the POSCO single
entity will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is de minimis within the
meaning of 19 CFR 351.106(c)(1) (i.e.,
less than 0.50 percent), in which case
the cash deposit rate will be zero; (2) for
merchandise exported by a company 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 for the most recentlycompleted segment; (3) if the exporter is
not a firm covered in this review, a prior
review, or the less-than-fair-value
investigation, but the producer is, the
cash deposit rate will be the rate
established for the most recentlycompleted segment for the producer of
the merchandise; and (4) the cash
deposit rate for all other producers and
exporters will continue to be 7.10
percent, the all-others rate established
in the less-than-fair-value
investigation.15
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’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 the antidumping duties
by the amount of the countervailing
duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
15 See
PO 00000
Order.
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40209
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–13128 Filed 6–20–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD091]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of Letter of
Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, its implementing
regulations, and NMFS’ MMPA
Regulations for Taking Marine
Mammals Incidental to Geophysical
Surveys Related to Oil and Gas
Activities in the Gulf of Mexico,
notification is hereby given that a Letter
of Authorization (LOA) has been issued
to Chevron U.S.A. Inc. (Chevron) for the
take of marine mammals incidental to
geophysical survey activity in the Gulf
of Mexico.
DATES: The LOA is effective from
August 10, 2023, through January 2,
2024.
SUMMARY:
The LOA, LOA request, and
supporting documentation are available
online at: https://www.fisheries.
noaa.gov/action/incidental-takeauthorization-oil-and-gas-industrygeophysical-survey-activity-gulf-mexico.
In case of problems accessing these
documents, please call the contact listed
below (see FOR FURTHER INFORMATION
CONTACT).
ADDRESSES:
Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
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]]>Agencies
[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40207-40209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13128]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-887]
Carbon and Alloy Steel Cut-to-Length Plate From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review;
2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on carbon and alloy
steel cut-to-length plate (CTL plate) from the Republic of Korea
(Korea). The period of review (POR) is May 1, 2021, through April 30,
2022. The review covers one producer and/or exporter of the subject
merchandise, POSCO, POSCO International Corporation and its affiliated
companies (collectively, the POSCO single entity). We preliminarily
determine that sales of subject merchandise by the POSCO single entity
were not made at prices below normal value (NV). Interested parties are
invited to comment on these preliminary results.
DATES: Applicable June 21, 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 July 14, 2022, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we published the initiation of
an administrative review on CTL plate from Korea produced and/or
exported by POSCO.\1\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administration Reviews, 87 FR 42144 (July 14, 2022) (Initiation
Notice).
---------------------------------------------------------------------------
On December 12, 2022, we extended the preliminary results of this
review to no later than May 31, 2023.\2\ For a complete description of
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\2\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review,''
dated December 12, 2022.
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: 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).
---------------------------------------------------------------------------
[[Page 40208]]
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096 (May 25, 2017) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is CTL plate. The product is
currently classified under the Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7208.40.3030, 7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030,
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the Order may also enter under the
following HTSUS subheadings: 7208.40.6060, 7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.10.000, 7214.30.0010, 7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090,
7206.11.1000, 7226.11.9060, 7229.19.1000, 7226.19.9000, 7226.91.0500,
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180. The HTSUS subheadings are provided for
convenience and customs purposes only; the written product description
of the scope of the Order is dispositive.
For a complete description of the merchandise subject to the Order,
see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section 772
of the Act. NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 at
https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice.
Preliminary Results of the Review
As a result of our analysis of the record information, we
preliminarily determine a weighted-average dumping margin of 0.00
percent for the POSCO single entity \5\ for the period May 1, 2021,
through April 30, 2022.\6\ Therefore, Commerce preliminarily determines
that the POSCO single entity made no sales of subject merchandise at
prices below NV.
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\5\ Commerce continues to find that POSCO, POSCO International
Corporation, POSCO MS, and certain distributors and service centers
(Taechang Steel Co., Ltd. and Winsteel Co., Ltd.) are affiliated
pursuant to section 771(33)(E) of the Act, and further that these
companies should be treated as a single entity (collectively, the
POSCO single entity) pursuant to 19 CFR 351.401(f). See Preliminary
Decision Memorandum.
\6\ See Preliminary Decision Memorandum.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties with an
administrative protective order within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
may submit case briefs to Commerce no later than 30 days after the date
of publication of this notice.\7\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than seven days after
the date for filing case briefs.\8\ 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.
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\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020) (collectively, Temporary Rule).
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All submissions to Commerce must be filed electronically using
ACCESS and must also be served on interested parties.\9\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the document is due. Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\10\
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\9\ See 19 CFR 351.303(b) and 19 CFR 351.303(f).
\10\ See Temporary Rule.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance within 30 days of publication of this notice.\11\ 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 by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(c).
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Final Results of Review
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 issues raised in any written briefs, not later than 120
days after the date of publication of this notice.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this 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 administrative 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).
[[Page 40209]]
Commerce will calculate importer-specific antidumping duty
assessment rates when a respondent's weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5 percent). Pursuant to 19
CFR 351.212(b)(1), where the respondent reported the entered value of
its U.S. sales, we will calculate importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for the examined sales to each importer to
the total entered value of those sales. Where the respondent did not
report entered value, we will calculate importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for the examined sales to each importer to the total
quantity of those sales.\12\ We will also calculate an estimated ad
valorem importer-specific assessment rate with which to assess whether
the per-unit assessment rate is de minimis. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific ad valorem assessment rate calculated
in the final results of this review is not zero or de minimis. Where
either the respondent's ad valorem weighted-average dumping margin is
zero or de minimis, or an importer-specific ad valorem assessment rate
is zero or de minimis,\13\ we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\12\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\13\ See 19 CFR 351.106(c)(2).
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by the POSCO single entity for
which the POSCO single entity did not know that the merchandise it sold
to the intermediary (e.g., a reseller, trading company, or exporter)
was destined for the United States. In such instances, we will instruct
CBP to liquidate unreviewed entries at the all-others rate if there is
no rate for the intermediate company(ies) involved in the
transaction.\14\
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\14\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate
for the POSCO single entity will be equal to the weighted-average
dumping margin established in the final results of this review, except
if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1)
(i.e., less than 0.50 percent), in which case the cash deposit rate
will be zero; (2) for merchandise exported by a company 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 for the most recently-completed segment; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the producer is, the cash deposit rate
will be the rate established for the most recently-completed segment
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers and exporters will continue to be 7.10 percent, the
all-others rate established in the less-than-fair-value
investigation.\15\
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\15\ See Order.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in the Secretary'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 the antidumping duties by
the amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-13128 Filed 6-20-23; 8:45 am]
BILLING CODE 3510-DS-P
