Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results and Partial Rescission of the Countervailing Duty Administrative Review, 2021, 49440-49442 [2023-16200]
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49440
Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices
Suspension of Liquidation
DEPARTMENT OF COMMERCE
Pursuant to 19 CFR 351.226(l)(1),
Commerce will notify U.S. Customs and
Border Protection (CBP) of its initiation
of the requested circumvention inquiry
and direct CBP to continue the
suspension of liquidation of entries of
products subject to the circumvention
inquiry that were already subject to the
suspension of liquidation and to apply
the cash deposit rate that would be
applicable if the products were
determined to be covered by the scope
of the Order. Should Commerce issue a
preliminary or final circumvention
determination, Commerce will follow
the suspension of liquidation rules
under 19 CFR 351.226(l)(2)-(4).
International Trade Administration
Notification to Interested Parties
In accordance with 19 CFR 351.226(d)
and section 781(a) of the Act, Commerce
has determined that the requestors’
request for a circumvention inquiry
satisfies the requirements of 19 CFR
351.226(c). Accordingly, Commerce is
notifying all interested parties of the
initiation of a circumvention inquiry to
determine whether U.S. imports of HCS
wire, which are imported from Mexico
and produced into PC strand and sold
in the United States, are circumventing
the Order. A description of the products
that are subject to the circumvention
inquiry, and an explanation of the
reasons for Commerce’s decision to
initiate this inquiry, are included in the
accompanying Initiation Checklist. In
accordance with 19 CFR 351.226(e)(1),
Commerce intends to issue its
preliminary determination in this
circumvention inquiry no later than 150
days from the date of publication of this
notice in the Federal Register.
This notice is published in
accordance with section 781(a) of the
Act and 19 CFR 351.226(d)(1)(ii).
Dated: July 24, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–16089 Filed 7–28–23; 8:45 am]
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BILLING CODE 3510–DS–P
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[C–580–879]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Preliminary Results and Partial
Rescission of the 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
producers and exporters of certain
corrosion-resistant steel products
(CORE) from the Republic of Korea
(Korea). The period of review (POR) is
January 1, 2021, through December 31,
2021. Additionally, Commerce intends
to rescind the review with respect to
four companies.
DATES: Applicable July 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Janae Martin or Zachariah Hall, 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) 482–0238 or
(202) 482–6261, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Between July 21 and August 1, 2022,
we received multiple requests for
administrative review 1 of the
countervailing duty order on CORE from
Korea.2 On September 6, 2022,
Commerce published a notice of
initiation of an administrative review of
the Order. On October 20, 2022,
Commerce selected KG Dongbu Steel
Co., Ltd. (KG Dongbu) and Hyundai
Steel Company as mandatory
respondents in this administrative
1 See Hyundai Steel’s Letter, ‘‘Request for
Administrative Review,’’ dated July 21, 2022; see
also POSCO, POSCO International, POSCO C&C,
and POSCO Steeleon’s Letter, ‘‘Request for
Administrative Review,’’ dated July 27, 2022; see
also KG Dongbu Steel’s Letter, ‘‘Request for
Administrative Review,’’ dated July 27, 2022; see
also Petitioners’ Letter, ‘‘Request for Administrative
Review,’’ dated July 29, 2022; see also SeAH CM’s
and SeAH’s Letter, ‘‘Request for Administrative
Review,’’ dated August 1, 2022.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463 (September 6, 2022) (Initiation Notice); see
also Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 87 FR 61278 (October
11, 2022); see also Certain Corrosion-Resistant Steel
Products from India, Italy Republic of Korea and
the People’s Republic of China: Countervailing Duty
Order, 81 FR 48387 (July 25, 2016) (Order).
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review. On March 16, 2023, Commerce
extended the deadline for the
preliminary results of this review.3
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included at the
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 merchandise covered by the
Order is certain corrosion-resistant steel
products. For a complete description of
the scope of the Order, see the
Preliminary Decision Memorandum.
Preliminary Intent To Rescind
Administrative Review, in Part
Based on our analysis of U.S. Customs
and Border Protection (CBP) data, we
preliminarily determine that four
companies, SeAH Steel Corporation,
POSCO International, POSCO Steeleon,
and Hyundai Steel Co., Ltd. had no
reviewable shipments, sales, or entries
of subject merchandise during the POR.
Absent any comments to the contrary
from interested parties, pursuant to 19
CFR 351.213(d)(3), we intend to rescind
the administrative review of these
companies in the final results of review.
For further information, see
‘‘Preliminary Intent to Rescind
Administrative Review, in Part’’ in the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this 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 financial contribution
from an authority that gives rise to a
3 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of the 2021 Countervailing
Duty Administrative Review,’’ dated March 16,
2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results and Partial Rescission of
the Countervailing Duty Administrative Review;
2021: Certain Corrosion-Resistant Steel Products
from the Republic of Korea,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices
benefit to the recipient, and that the
subsidy is specific.5 For a full
description of the methodology
underlying our conclusions, see the
accompanying Preliminary Decision
Memorandum.
Preliminary Rate for Non-Selected
Companies Under Review
The statute and Commerce’s
regulations do not directly address the
countervailing duty rates to be applied
to companies not selected for individual
examination where Commerce limited
its examination in an administrative
review pursuant to section 777A(e)(2) of
the Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation. Section 777A(e)(2) of the
Act provides that ‘‘the individual
countervailable subsidy rates
determined under subparagraph (A)
shall be used to determine the all-others
rate under section 705(c)(5) {of the
Act}.’’ Section 705(c)(5)(A) of the Act
states that for companies not
investigated, in general, we will
determine an all-others rate by weightaveraging the countervailable subsidy
rates established for each of the
companies individually investigated,
excluding zero and de minimis rates or
any rates based solely on the facts
available.
Because the rates for KG Dongbu Steel
and Hyundai Steel are above de minimis
and not based entirely on facts
available, we applied a subsidy rate to
the non-selected companies under
review based on a weighted average of
the subsidy rates calculated for these
mandatory respondents using the
publicly ranged sales data they
submitted on the record.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the net
countervailable subsidy rates to be:
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Producer/exporter
Subsidy rate
(percent ad
valorem)
KG Dongbu Steel Co., Ltd .....
Hyundai Steel Company 6 ......
POSCO ...................................
POSCO Coated and Color
Steel Co., Ltd ......................
SeAH Coated Metal ................
6.71
0.59
1.43
1.43
1.43
5 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.
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Disclosure and Public Comment
We intend to disclose to interested
parties the calculations performed for
these preliminary results within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b). Interested parties may
submit written comments (case briefs)
within 30 days of publication of the
preliminary results and rebuttal
comments (rebuttal briefs) within seven
days after the time limit for filing case
briefs.7 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.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.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. 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, time, and location of
the hearing two days before the
scheduled date.
Unless the deadline is extended, we
intend to issue the final results of this
administrative review, which will
include the results of our analysis of the
issues raised in the case briefs, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rate
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producer/exporters
6 We note that Hyundai Steel and Hyundai Steel
Company were treated as being minor variations of
the same name at respondent selection. See
Memorandum, ‘‘Respondent Selection,’’ dated
October 20, 2022, at Attachment.
7 See 19 CFR 351.309(c) and (d).
8 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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49441
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 companies for which this
review is rescinded, we 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 for
these companies no earlier than 35 days
after the date of publication of the final
results of this review in the Federal
Register.
For the companies remaining in the
review, we will instruct CBP to assess
countervailing duties on all appropriate
entries at the subsidy rates calculated in
the final results of this 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 Requirements
In accordance with section 751(a)(1)
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 shown for each of the
respective 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
administrative review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits at the
most recent company-specific or all
others rate applicable to the company.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
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Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices
Dated: July 25, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Preliminary Intent to Rescind
Administrative Review, In Part
IV. Scope of the Order
V. Diversification of Korea’s Economy
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023–16200 Filed 7–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–813]
Citric Acid and Certain Citrate Salts
From Belgium: 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 (AD) order on citric
acid and certain citrate salts (citric acid)
from Belgium. We preliminarily
determine that Citribel nv. (Citribel),
formerly S.A. Citrique Belge N.V.
(Citrique Belge), sold subject
merchandise in the United States at
prices below normal value during the
July 1, 2021, through June 30, 2022,
period of review (POR). We invite
interested parties to comment on these
preliminary results.
DATES: Applicable July 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Deborah Cohen, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4521.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On July 25, 2018, Commerce
published the AD order on citric acid
from Belgium in the Federal Register.1
On September 6, 2022, pursuant to
section 751(a)(1) of the Tariff Act of
1 See Citric Acid and Certain Citrate Salts from
Belgium, Colombia and Thailand: Antidumping
Duty Orders, 83 FR 35214 (July 25, 2018) (Order).
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1930, as amended (the Act), Commerce
initiated an AD administrative review of
the Order with respect to one company,
Citribel.2 During the course of this
administrative review, Citribel
responded to Commerce’s questionnaire
and supplemental questionnaires. On
March 1, 2023, Commerce extended the
deadline for issuing the preliminary
results of this review to July 28, 2023.3
For further details, see the
accompanying Preliminary Decision
Memorandum.4
Scope of the Order
The merchandise covered by this
Order includes all grades and
granulation sizes of citric acid, sodium
citrate, and potassium citrate in their
unblended forms, whether dry or in
solution, and regardless of packaging
type. For a full description of the scope
of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Commerce calculated export price
in accordance with section 772(a) of the
Act and normal value in accordance
with section 773 of the Act. For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum. See
the appendix to this notice for a
complete list of the topics discussed in
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).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54463 (September 6, 2022). Immediately prior to the
initiation of this review, on July 29, 2022,
Commerce completed a changed circumstances
review, in which we determined that Citribel nv. is
the successor-in-interest to S.A. Citrique Belge N.V.,
the sole respondent in all prior administrative
reviews and the investigation of the Order. As a
result, Citribel nv. is accorded the same AD cash
deposit treatment as Citrique Belge with respect to
subject merchandise. See Citric Acid and Certain
Citrate Salts from Belgium: Final Results of
Antidumping Duty Changed Circumstances Review,
87 FR 45750 (July 29, 2022) (Citric Acid Belgium
CCR). As this name change occurred during the
period of review and, thus, entries subject to this
administrative review were made using both
company names, both company names were listed
in the Initiation Notice. Nevertheless, S.A. Citrique
Belge N.V. and Citribel nv. represent the same
respondent entity.
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results,’’ dated March 1, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Citric Acid and Certain
Citrate Salts from Belgium; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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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.
Preliminary Results of the Review
Commerce preliminarily determines
that the following weighted-average
dumping margin exists for the period
July 1, 2021, through June 30, 2022:
Exporter/producer
Weighted-average
dumping margin
(percent)
Citribel nv ........................
8.22
Disclosure and Public Comment
Commerce intends to disclose to
interested parties the calculations
performed for these preliminary results
within five days of the date of
publication of this notice.5 Interested
parties may submit case briefs no later
than 30 days after the date of
publication of these preliminary results
of review in the Federal Register.6
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.7 Parties who submit case or
rebuttal briefs in this proceeding are
requested to submit with each
argument: (1) a statement of the issue,
(2) a brief summary of the argument,
and (3) a table of authorities.8 Executive
summaries should be limited to five
pages total, including footnotes. Case
and rebuttal briefs should be filed using
ACCESS. Note that Commerce has
temporarily modified certain portions of
its requirements for serving documents
containing business proprietary
information, until further notice.9
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
ACCESS. An electronically-filed request
must be received successfully in its
entirely by 5:00 p.m. Eastern Time
within 30 days of the date of publication
of this notice in the Federal Register.10
Requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
5 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
7 See 19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
8 See 19 CFR 351.309(c)(2) and (d)(2); see also 19
CFR 351.303 (for general filing requirements).
9 See Temporary Rule.
10 See 19 CFR 351.310(c).
6 See
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]]>Agencies
[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49440-49442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16200]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-879]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Preliminary Results and Partial Rescission of the 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
producers and exporters of certain corrosion-resistant steel products
(CORE) from the Republic of Korea (Korea). The period of review (POR)
is January 1, 2021, through December 31, 2021. Additionally, Commerce
intends to rescind the review with respect to four companies.
DATES: Applicable July 31, 2023.
FOR FURTHER INFORMATION CONTACT: Janae Martin or Zachariah Hall, 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) 482-0238 or (202)
482-6261, respectively.
SUPPLEMENTARY INFORMATION:
Background
Between July 21 and August 1, 2022, we received multiple requests
for administrative review \1\ of the countervailing duty order on CORE
from Korea.\2\ On September 6, 2022, Commerce published a notice of
initiation of an administrative review of the Order. On October 20,
2022, Commerce selected KG Dongbu Steel Co., Ltd. (KG Dongbu) and
Hyundai Steel Company as mandatory respondents in this administrative
review. On March 16, 2023, Commerce extended the deadline for the
preliminary results of this review.\3\
---------------------------------------------------------------------------
\1\ See Hyundai Steel's Letter, ``Request for Administrative
Review,'' dated July 21, 2022; see also POSCO, POSCO International,
POSCO C&C, and POSCO Steeleon's Letter, ``Request for Administrative
Review,'' dated July 27, 2022; see also KG Dongbu Steel's Letter,
``Request for Administrative Review,'' dated July 27, 2022; see also
Petitioners' Letter, ``Request for Administrative Review,'' dated
July 29, 2022; see also SeAH CM's and SeAH's Letter, ``Request for
Administrative Review,'' dated August 1, 2022.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54463 (September 6, 2022) (Initiation
Notice); see also Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 61278 (October 11, 2022); see also
Certain Corrosion-Resistant Steel Products from India, Italy
Republic of Korea and the People's Republic of China: Countervailing
Duty Order, 81 FR 48387 (July 25, 2016) (Order).
\3\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of the 2021 Countervailing Duty Administrative Review,''
dated March 16, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the 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/.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the Countervailing Duty
Administrative Review; 2021: Certain Corrosion-Resistant Steel
Products 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 certain corrosion-resistant
steel products. For a complete description of the scope of the Order,
see the Preliminary Decision Memorandum.
Preliminary Intent To Rescind Administrative Review, in Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
data, we preliminarily determine that four companies, SeAH Steel
Corporation, POSCO International, POSCO Steeleon, and Hyundai Steel
Co., Ltd. had no reviewable shipments, sales, or entries of subject
merchandise during the POR.
Absent any comments to the contrary from interested parties,
pursuant to 19 CFR 351.213(d)(3), we intend to rescind the
administrative review of these companies in the final results of
review. For further information, see ``Preliminary Intent to Rescind
Administrative Review, in Part'' in the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this 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 financial contribution from
an authority that gives rise to a
[[Page 49441]]
benefit to the recipient, and that the subsidy is specific.\5\ For a
full description of the methodology underlying our conclusions, see the
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ 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 Rate for Non-Selected Companies Under Review
The statute and Commerce's regulations do not directly address the
countervailing duty rates to be applied to companies not selected for
individual examination where Commerce limited its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation. Section 777A(e)(2) of the Act
provides that ``the individual countervailable subsidy rates determined
under subparagraph (A) shall be used to determine the all-others rate
under section 705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of
the Act states that for companies not investigated, in general, we will
determine an all-others rate by weight-averaging the countervailable
subsidy rates established for each of the companies individually
investigated, excluding zero and de minimis rates or any rates based
solely on the facts available.
Because the rates for KG Dongbu Steel and Hyundai Steel are above
de minimis and not based entirely on facts available, we applied a
subsidy rate to the non-selected companies under review based on a
weighted average of the subsidy rates calculated for these mandatory
respondents using the publicly ranged sales data they submitted on the
record.
Preliminary Results of Review
As a result of this review, we preliminarily determine the net
countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
KG Dongbu Steel Co., Ltd.................................. 6.71
Hyundai Steel Company \6\................................. 0.59
POSCO..................................................... 1.43
POSCO Coated and Color Steel Co., Ltd..................... 1.43
SeAH Coated Metal......................................... 1.43
------------------------------------------------------------------------
Disclosure and Public Comment
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\6\ We note that Hyundai Steel and Hyundai Steel Company were
treated as being minor variations of the same name at respondent
selection. See Memorandum, ``Respondent Selection,'' dated October
20, 2022, at Attachment.
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We intend to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within seven days after the time limit for filing
case briefs.\7\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\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.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c) and (d).
\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. 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, time, and location of the
hearing two days before the scheduled date.
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rate
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producer/
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 companies for which this review is rescinded, we 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 for these companies no earlier than 35
days after the date of publication of the final results of this review
in the Federal Register.
For the companies remaining in the review, we will instruct CBP to
assess countervailing duties on all appropriate entries at the subsidy
rates calculated in the final results of this 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 Requirements
In accordance with section 751(a)(1) 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 shown for
each of the respective 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
administrative review. For all non-reviewed firms, we will instruct CBP
to continue to collect cash deposits at the most recent company-
specific or all others rate applicable to the company. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
[[Page 49442]]
Dated: July 25, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Preliminary Intent to Rescind Administrative Review, In Part
IV. Scope of the Order
V. Diversification of Korea's Economy
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023-16200 Filed 7-28-23; 8:45 am]
BILLING CODE 3510-DS-P
