Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 48433-48435 [2023-15949]
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Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices
of this Committee are directed to the
Commission’s website, https://
www.usccr.gov, or may contact the
Regional Programs Unit at (312) 353–
8311.
Agenda
I. Welcome & Roll Call
II. Committee Discussion
III. Public Comment
IV. Adjournment
Dated: July 21, 2023.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2023–15882 Filed 7–26–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–878]
Certain Corrosion-Resistant Steel
Products 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) preliminarily
determines that certain corrosionresistant steel products (CORE) from the
Republic of Korea (Korea) were not sold
in the United States at less than normal
value (NV) during the period of review
(POR), July 1, 2021, through June 30,
2022. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable July 27, 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:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On July 25, 2016, Commerce
published the antidumping duty order
on CORE from Korea.1 Commerce
1 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016) (Order); and Certain
Corrosion-Resistant Steel Products from India, Italy,
the People’s Republic of China, the Republic of
Korea, and Taiwan: Notice of Correction to the
Antidumping Duty Orders, 81 FR 58475 (August 25,
2016).
VerDate Sep<11>2014
17:21 Jul 26, 2023
Jkt 259001
48433
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an antidumping duty
investigation, for guidance when
Scope of the Order
calculating the rate for companies
which were not selected for individual
The merchandise covered by the
examination in an administrative
Order is CORE from Korea. For a
complete description of the scope of the review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally
Order, see the Preliminary Decision
‘‘an amount equal to the weighted
Memorandum.
average of the estimated weightedMethodology
average dumping margins established
for exporters and producers
Commerce is conducting this
individually investigated, excluding any
administrative review in accordance
zero and de minimis margins, and any
with section 751(a) of the Tariff Act of
margins determined entirely {on the
1930, as amended (the Act). Export
basis of facts available}.’’
price and constructed export price are
However, where the dumping margins
calculated in accordance with section
for individually examined respondents
772 of the Act. NV is calculated in
are all zero, de minimis, or based
accordance with section 773 of the Act.
entirely on facts available, section
For a full description of the
735(c)(5)(B) of the Act provides that
methodology underlying our
Commerce may use ‘‘any reasonable
conclusions, see the Preliminary
method to establish the estimated allDecision Memorandum. A list of topics
others rate for exporters and producers
discussed in the Preliminary Decision
not individually investigated, including
Memorandum is attached as an
averaging the estimated weightedappendix to this notice. The Preliminary average dumping margins determined
Decision Memorandum is a public
for the exporters and producers
document and is on file electronically
individually investigated.’’ In this
via Enforcement and Compliance’s
review, we have calculated weightedAntidumping and Countervailing Duty
average dumping margins for both
Centralized Electronic Service System
Dongkuk and Hyundai, the mandatory
(ACCESS). ACCESS is available to
respondents, that are zero. Thus, using
registered users at https://
section 735(c)(5)(B) of the Act as
access.trade.gov. In addition, a complete guidance, we are assigning to the
version of the Preliminary Decision
companies not selected for individual
Memorandum can be accessed directly
examination, the zero percent rate
at https://access.trade.gov/public/
calculated for the mandatory
FRNoticesListLayout.aspx.
respondents.
initiated this administrative review on
September 6, 2022.2 This review covers
eight companies,3 of which we selected
Dongkuk and Hyundai as mandatory
respondents.4
On March 22, 2023, we extended the
deadline for the preliminary results of
this review until July 21, 2023.5 For a
detailed description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.6
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54468 (September 6, 2022).
3 The eight companies are: Dongkuk Steel Mill
Co., Ltd. (Dongkuk); Hyundai Steel Company
(Hyundai); KG Dongbu Steel Co., Ltd.; POSCO;
POSCO International Corporation; POSCO
STEELEON CO., Ltd.; SeAH Coated Metal; and
SeAH Steel Corporation.
4 See Memorandum, ‘‘Respondent Selection,’’
dated October 4, 2022.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2021–2022 Antidumping
Duty Administrative Review,’’ dated March 22,
2023.
6 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the Administrative Review of
the Antidumping Duty Order on Certain CorrosionResistant Steel Products from the Republic of Korea;
2021–2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Preliminary Results
We preliminarily determine the
following weighted-average dumping
margins for the period July 1, 2021,
through June 30, 2022:
Exporter/producer
Dongkuk Steel Mill Co., Ltd ..
Hyundai Steel Company .......
KG Dongbu Steel Co., Ltd ...
POSCO .................................
POSCO International Corporation .............................
POSCO STEELEON Co., Ltd
SeAH Coated Metal ..............
E:\FR\FM\27JYN1.SGM
27JYN1
Weightedaverage
dumping
margin
(percent)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
48434
Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices
All submissions to Commerce must be
filed using ACCESS 12 and must be
Exporter/producer
served on interested parties.13 An
electronically filed document must be
received successfully in its entirety by
SeAH Steel Corporation .......
0.00 Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time on
the date that the document is due. Note
Disclosure and Public Comment
that Commerce has temporarily
Commerce intends to disclose the
modified certain of its requirements for
calculations performed for these
serving documents containing business
proprietary information, until further
preliminary results of review to
interested parties within five days of the notice.14
Commerce intends to issue the final
date of publication of this notice in
results of this administrative review,
accordance with 19 CFR 351.224(b).
Case briefs or other written comments including the results of its analysis of
the issues raised in any case or rebuttal
may be submitted to the Assistant
briefs, no later than 120 days after the
Secretary for Enforcement and
date of publication of this notice, unless
Compliance. Interested parties may
15
submit case briefs to Commerce no later this deadline is extended.
than 30 days after the date of
Assessment Rates
publication of this notice.7 Rebuttal
Upon completion of the
briefs, limited to issues raised in the
administrative review, Commerce shall
case briefs, may be filed no later than
determine, and U.S. Customs and
seven days after the date for filing case
Border Protection (CBP) shall assess,
8
briefs. Parties who submit case briefs or
antidumping duties on all appropriate
rebuttal briefs in this proceeding are
entries. For any individually examined
encouraged to submit with each
respondent whose weighted-average
argument: (1) a statement of the issue;
dumping margin is not zero or de
(2) a brief summary of the argument;
minimis (i.e., less than 0.5 percent) in
and (3) a table of authorities.9
the final results of this review and the
Pursuant to 19 CFR 351.310(c),
respondent reported entered values, we
interested parties who wish to request a will calculate importer-specific ad
hearing must submit a written request to valorem assessment rates for the
the Assistant Secretary for Enforcement
merchandise based on the ratio of the
and Compliance, filed electronically via total amount of dumping calculated for
Commerce’s electronic records system,
the examined sales made during the
ACCESS, within 30 days after the date
POR to each importer and the total
of publication of this notice.10 Requests entered value of those same sales, in
should contain: (1) the party’s name,
accordance with 19 CFR 351.212(b)(1).
address and telephone number; (2) the
If the respondent has not reported
number of participants; (3) whether any entered values, we will calculate a perparticipant is a foreign national; and (4) unit assessment rate for each importer
a list of issues parties intend to discuss. by dividing the total amount of
Issues raised in the hearing will be
dumping calculated for the examined
limited to those raised in the respective
sales made to that importer by the total
case and rebuttal briefs. If a request for
quantity associated with those
a hearing is made, Commerce intends to transactions. To determine whether an
hold a hearing at a time and date to be
importer-specific, per-unit assessment
determined.11 Parties should confirm by rate is de minimis, in accordance with
telephone the date, time, and location of 19 CFR 351.106(c)(2), we also will
the hearing two days before the
calculate an importer-specific ad
scheduled date.
valorem ratio based on estimated
entered values.
7 See 19 CFR 351.309(c)(1)(ii).
Where an importer-specific ad
8 See 19 CFR 351.309(d)(1) and (2); see also
valorem assessment rate is zero or de
Temporary Rule Modifying AD/CVD Service
minimis in the final results of review,
Requirements Due to COVID–19, 85 FR 17006
we will instruct CBP to liquidate the
(March 26, 2020) (‘‘To provide adequate time for
appropriate entries without regard to
release of case briefs via ACCESS, E&C intends to
schedule the due date for all rebuttal briefs to be
antidumping duties in accordance with
7 days after case briefs are filed (while these
19 CFR 351.106(c)(2). If a respondent’s
modifications remain in effect).’’); and Temporary
weighted-average dumping margin is
Rule Modifying AD/CVD Service Requirements Due
ddrumheller on DSK120RN23PROD with NOTICES1
Weightedaverage
dumping
margin
(percent)
to COVID 19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (collectively, Temporary
Rule).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310(d).
VerDate Sep<11>2014
17:21 Jul 26, 2023
Jkt 259001
19 CFR 351.303.
19 CFR 351.303(f).
14 See Temporary Rule.
15 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
PO 00000
12 See
13 See
Frm 00010
Fmt 4703
Sfmt 4703
zero or de minimis in the final results
of review, we will instruct CBP not to
assess duties on any of its entries
without regard to antidumping duties.16
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by any of the abovereferenced respondents for which they
did not know that the merchandise was
destined for the United States, we will
instruct CBP to liquidate those entries at
the all-others rate in the original lessthan-fair-value (LTFV) investigation (as
amended) 17 if there is no rate for the
intermediate company(ies) involved in
the transaction.18
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
The following deposit requirements
will be effective upon publication of the
notice of final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for each specific company
listed above will be that 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 investigated
companies not participating in 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
16 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
17 See Order; Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Notice of
Court Decision Not in Harmony with Final
Determination of Investigation and Notice of
Amended Final Results, 83 FR 39054 (August 8,
2018) (Timken and Amended Final Results).
18 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\27JYN1.SGM
27JYN1
Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices
review, or the underlying investigation,
but the producer is, then the cash
deposit rate will be the rate established
for the most recent segment for the
producer of the merchandise; and (4)
the cash deposit rate for all other
producers and exporters will continue
to be 8.31 percent, the all-others rate
established in the LTFV investigation
(as amended).19 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice 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 POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties, and/or increase in
the amount of 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: July 20, 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. 2023–15949 Filed 7–26–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
ddrumheller on DSK120RN23PROD with NOTICES1
[A–549–842]
Passenger Vehicle and Light Truck
Tires From Thailand: Preliminary
Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
19 See Order, as amended by Timken and
Amended Final Results.
VerDate Sep<11>2014
17:21 Jul 26, 2023
Jkt 259001
The U.S. Department of
Commerce (Commerce) preliminarily
determines that passenger vehicle and
light truck tires (PVLT) from Thailand
were sold in the United States at less
than normal value during the period of
review (POR) January 6, 2021, through
June 30, 2022. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable July 26, 2023.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Jacob Saude, 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) 482–2371 or (202) 482–0981,
respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On July 1, 2022, Commerce published
in the Federal Register a notice of
opportunity 1 to request an
administrative review of the
antidumping duty order on PVLT from
Thailand.2 On September 6, 2022, in
accordance with 19 CFR
351.221(c)(1)(i), Commerce published a
notice of initiation of an administrative
review of the Order.3 On March 24,
2023, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR
351.213(h)(2), Commerce extended the
due date for the preliminary results
until July 20, 2023.4
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of the
topics included in the Preliminary
Decision Memorandum is included as
Antidumping or Countervailing Duty Order,
Finding or Suspended Investigation; Opportunity to
Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 39461 (July 1, 2022).
2 See Passenger Vehicle and Light Truck Tires
from the Republic of Korea, Taiwan, and Thailand:
Antidumping Duty Orders and Amended Final
Affirmative Antidumping Duty Determination for
Thailand, 86 FR 38011 (July 19, 2021) (Order).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463 (September 6, 2022). See also Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2,
2023).
4 See Memorandum, ‘‘Passenger Vehicle and
Light Truck Tires from Thailand: Extension of
Deadline for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated March 24,
2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on
Passenger Vehicle and Light Truck Tires from
Thailand; 2021–2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
PO 00000
1 See
Frm 00011
Fmt 4703
Sfmt 4703
48435
Appendix I to this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The products covered by the Order
are PVLT from Thailand. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Act. Export price is
calculated in accordance with section
772 of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
We preliminarily determine the
following weighted-average dumping
margins exist for the period January 6,
2021, through June 30, 2022:
Producer/exporter
Sentury Tire (Thailand) Co., Ltd
Sumitomo Rubber (Thailand)
Co., Ltd ...................................
Non-Examined Companies 6 ......
Weightedaverage
dumping
margin
(percent)
1.24
6.16
4.52
Rate for Companies Not Individually
Examined
The Act and Commerce’s regulations
do not address the establishment of a
weighted-average dumping margin to be
applied to companies not selected for
individual 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 lessthan-fair-value investigation, for
guidance when calculating the
weighted-average dumping margin for
companies which were not selected for
individual examination in an
6 See
E:\FR\FM\27JYN1.SGM
Appendix II for a list of these companies.
27JYN1
]]>Agencies
[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48433-48435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15949]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel Products 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) preliminarily
determines that certain corrosion-resistant steel products (CORE) from
the Republic of Korea (Korea) were not sold in the United States at
less than normal value (NV) during the period of review (POR), July 1,
2021, through June 30, 2022. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable July 27, 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 25, 2016, Commerce published the antidumping duty order on
CORE from Korea.\1\ Commerce initiated this administrative review on
September 6, 2022.\2\ This review covers eight companies,\3\ of which
we selected Dongkuk and Hyundai as mandatory respondents.\4\
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016) (Order); and Certain Corrosion-Resistant Steel Products from
India, Italy, the People's Republic of China, the Republic of Korea,
and Taiwan: Notice of Correction to the Antidumping Duty Orders, 81
FR 58475 (August 25, 2016).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54468 (September 6, 2022).
\3\ The eight companies are: Dongkuk Steel Mill Co., Ltd.
(Dongkuk); Hyundai Steel Company (Hyundai); KG Dongbu Steel Co.,
Ltd.; POSCO; POSCO International Corporation; POSCO STEELEON CO.,
Ltd.; SeAH Coated Metal; and SeAH Steel Corporation.
\4\ See Memorandum, ``Respondent Selection,'' dated October 4,
2022.
---------------------------------------------------------------------------
On March 22, 2023, we extended the deadline for the preliminary
results of this review until July 21, 2023.\5\ For a detailed
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
March 22, 2023.
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Corrosion-Resistant Steel Products from the Republic of
Korea; 2021-2022,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is CORE from Korea. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are 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. A list of topics
discussed in the Preliminary Decision Memorandum is attached as an
appendix to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
antidumping duty 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
and de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
However, where the dumping margins for individually examined
respondents are all zero, de minimis, or based entirely on facts
available, section 735(c)(5)(B) of the Act provides that Commerce may
use ``any reasonable method to establish the estimated all-others rate
for exporters and producers not individually investigated, including
averaging the estimated weighted-average dumping margins determined for
the exporters and producers individually investigated.'' In this
review, we have calculated weighted-average dumping margins for both
Dongkuk and Hyundai, the mandatory respondents, that are zero. Thus,
using section 735(c)(5)(B) of the Act as guidance, we are assigning to
the companies not selected for individual examination, the zero percent
rate calculated for the mandatory respondents.
Preliminary Results
We preliminarily determine the following weighted-average dumping
margins for the period July 1, 2021, through June 30, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd............................. 0.00
Hyundai Steel Company................................... 0.00
KG Dongbu Steel Co., Ltd................................ 0.00
POSCO................................................... 0.00
POSCO International Corporation......................... 0.00
POSCO STEELEON Co., Ltd................................. 0.00
SeAH Coated Metal....................................... 0.00
[[Page 48434]]
SeAH Steel Corporation.................................. 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results of review to interested parties 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 no later than seven days after
the date for filing case briefs.\8\ Parties who submit case briefs or
rebuttal briefs in this proceeding 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.\9\
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\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).''); 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).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS, within 30 days after the
date of publication of this notice.\10\ 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 parties intend to discuss. 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 a hearing at a time and date to be determined.\11\ Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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All submissions to Commerce must be filed using ACCESS \12\ and
must be served on interested parties.\13\ 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.\14\
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\12\ See 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See Temporary Rule.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless this deadline is extended.\15\
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\15\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. For any individually
examined respondent whose weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.5 percent) in the final results of
this review and the respondent reported entered values, we will
calculate importer-specific ad valorem assessment rates for the
merchandise based on the ratio of the total amount of dumping
calculated for the examined sales made during the POR to each importer
and the total entered value of those same sales, in accordance with 19
CFR 351.212(b)(1). If the respondent has not reported entered values,
we will calculate a per-unit assessment rate for each importer by
dividing the total amount of dumping calculated for the examined sales
made to that importer by the total quantity associated with those
transactions. To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also will calculate an importer-specific ad valorem ratio based on
estimated entered values.
Where an importer-specific ad valorem assessment rate is zero or de
minimis in the final results of review, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties
in accordance with 19 CFR 351.106(c)(2). If a respondent's weighted-
average dumping margin is zero or de minimis in the final results of
review, we will instruct CBP not to assess duties on any of its entries
without regard to antidumping duties.\16\
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\16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by any of
the above-referenced respondents for which they did not know that the
merchandise was destined for the United States, we will instruct CBP to
liquidate those entries at the all-others rate in the original less-
than-fair-value (LTFV) investigation (as amended) \17\ if there is no
rate for the intermediate company(ies) involved in the transaction.\18\
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\17\ See Order; Certain Corrosion-Resistant Steel Products from
the Republic of Korea: Notice of Court Decision Not in Harmony with
Final Determination of Investigation and Notice of Amended Final
Results, 83 FR 39054 (August 8, 2018) (Timken and Amended Final
Results).
\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for each specific company listed above will be that
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 investigated companies not participating in 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
[[Page 48435]]
review, or the underlying investigation, but the producer is, then the
cash deposit rate will be the rate established for the most recent
segment for the producer of the merchandise; and (4) the cash deposit
rate for all other producers and exporters will continue to be 8.31
percent, the all-others rate established in the LTFV investigation (as
amended).\19\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\19\ See Order, as amended by Timken and Amended Final Results.
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Notification to Importers
This notice 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 POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or
increase in the amount of 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: July 20, 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. 2023-15949 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P
