Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 59869-59871 [2023-18706]
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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
customer base.8 While no single factor
or combination of factors will
necessarily provide a dispositive
indication of a successor-in-interest
relationship, generally, Commerce will
consider the new company to be the
successor to the previous company if
the new company’s resulting operation
is not materially dissimilar to that of its
predecessor.9 Thus, if the record
evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
the predecessor company, Commerce
may assign the new company the cash
deposit rate of its predecessor.10
In accordance with 19 CFR 351.216,
we preliminarily determine that HA
Food is the successor-in-interest to
Highland Agro. Record evidence, as
submitted by HA Food, indicates that
HA Food operates as essentially the
same business entity as Highland Agro
with respect to the subject
merchandise.11
For the complete successor-in-interest
analysis, including discussion of
business proprietary information, see
the accompanying Preliminary Decision
Memorandum. A list of the topics
discussed in the Preliminary Decision
Memorandum is included as the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and available 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
8 See, e.g., Certain Frozen Warmwater Shrimp
from India: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review,
81 FR 75376 (October 31, 2016) (Shrimp from India
Preliminary Results), unchanged in Certain Frozen
Warmwater Shrimp from India: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review, 81 FR 90774 (December 15,
2016) (Shrimp from India Final Results).
9 See, e.g., Shrimp from India Preliminary Results,
81 FR at 75377, unchanged in Shrimp from India
Final Results, 81 FR at 90774.
10 Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber from Japan, 67 FR
58, 59 (January 2, 2002); Ball Bearings and Parts
Thereof from France: Final Results of ChangedCircumstances Review, 75 FR 34688, 34689 (June
18, 2010); and Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea; Preliminary
Results of Antidumping Duty Changed
Circumstances Review, 63 FR 14679 (March 26,
1998), unchanged in Circular Welded Non-Alloy
Steel Pipe from Korea; Final Results of
Antidumping Duty Changed Circumstances Review,
63 FR 20572 (April 27, 1998), in which Commerce
found that a company which only changed its name
and did not change its operations is a successor-ininterest to the company before it changed its name.
11 See HA Food CCR Request.
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17:31 Aug 29, 2023
Jkt 259001
Memorandum is available at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
Public Comment
In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than seven days after the case
briefs, in accordance with 19 CFR
351.309(d). Parties who submit case or
rebuttal briefs 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.12 All comments are to be
filed electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time on
the established deadline.13 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request
via ACCESS within 30 days of
publication of this notice. Hearing
requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number participants; and (3) a
list of issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing, in accordance with 19 CFR
351.310(d).
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
CCR no later than 270 days after the
date on which this review was initiated,
or within 45 days if all parties agree to
our preliminary finding.
Notification to Interested Parties
This notice is published in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b),
351.221(b) and 351.221(c)(3).
12 See
19 CFR 351.309(c)(2).
19 CFR 351.303(b).
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to Covid-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
13 See
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59869
Dated: August 18, 2023.
Abdelali Elouaradia,
Deputy 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. Initiation and Preliminary Results of the
Changed Circumstances Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2023–18721 Filed 8–29–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–836]
Certain Cut-to-Length Carbon-Quality
Steel Plate Products From the
Republic of Korea: Notice of Initiation
and Preliminary Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a
changed circumstances review (CCR),
the U.S. Department of Commerce
(Commerce) is initiating a CCR of the
antidumping duty (AD) order on certain
cut-to-length carbon-quality steel plate
products (CTL plate) from the Republic
of Korea (Korea). Additionally,
Commerce preliminarily determines
that the post-corporate reorganization
Dongkuk Steel Mill Co., Ltd. (Dongkuk
Steel) is the successor-in-interest to the
pre-reorganization Dongkuk Steel.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Christopher Williams, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4243.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 10, 2000, Commerce
published the AD order on CTL plate
from Korea in the Federal Register.1 On
1 See Notice of Amendment of Final
Determinations of Sales at Less Than Fair Value
and Antidumping Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate Products from
France, India, Indonesia, Italy, Japan and the
E:\FR\FM\30AUN1.SGM
Continued
30AUN1
59870
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
July 14, 2023, the new Dongkuk Steel
requested that Commerce conduct an
expedited CCR of the Order, in
accordance with section 751(b) of the
Tariff Act of 1930, as amended (the Act),
19 CFR 351.216(d), and 19 CFR
351.221(c)(3)(ii), to determine that the
new Dongkuk Steel is the successor-ininterest to the former Dongkuk Steel and
is entitled to the cash deposit rate
currently in effect for the former
Dongkuk Steel.2
The new Dongkuk Steel explained
that it requested a CCR because the
former Dongkuk Steel spun-off its two
business units in a reorganization in
which new Dongkuk Steel, and a new
operating entity, Dongkuk Coated Metal
Co., Ltd. (Dongkuk CM) now operate as
subsidiaries of Dongkuk Holdings Co.,
Ltd. (Dongkuk Holdings).3 Pursuant to
the reorganization, all assets, liabilities,
rights, and obligations as well as any
intangible rights of proprietary nature
(including, but not limited to, licenses
and permits, employment and
contractual relationships, and
litigations) of former Dongkuk Steel,
were transferred to, and assumed by,
post-spin-off Dongkuk Steel, Dongkuk
CM, and Dongkuk Holdings.4 In
addition, after the spin-off and
reorganization, CTL plate operations
conducted by the former Dongkuk Steel
continued to be performed by the
company under the same legal name.5
As a result, the new Dongkuk Steel
explained that the spin-off and
reorganization did not affect the
management or internal organization
structure, production, supplier
relationships, or customer base of the
CTL plate business.6
We did not receive comments from
other interested parties concerning this
request.
Scope of the Order
lotter on DSK11XQN23PROD with NOTICES1
The merchandise covered by this
Order is CTL plate. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.7
Republic of Korea, 65 FR 6585 (February 10, 2000)
(Order).
2 See Dongkuk Steel’s Letter, ‘‘Request for
Changed Circumstances Review and Successor-inInterest Determination,’’ dated July 14, 2023 (CCR
Request).
3 Id. at 2.
4 Id. at 3.
5 Id. at 7.
6 Id.
7 See Memorandum, ‘‘Decision Memorandum for
Initiation and Preliminary Results of Changed
Circumstances Review: Certain Cut-to-Length
Carbon-Quality Steel Plate from the Republic of
Korea,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
VerDate Sep<11>2014
17:31 Aug 29, 2023
Jkt 259001
Initiation of CCR
Pursuant to section 751(b)(1) of the
Act, and 19 CFR 351.216, Commerce
will conduct a CCR of an order upon
receipt of information or a review
request from an interested party for a
review of an AD order which shows
changed circumstances sufficient to
warrant a review of the order. In the
past, Commerce has used CCRs to
address the applicability of cash deposit
rates after there have been changes in
the name or structure of a respondent,
such as a merger or spinoff (‘‘successorin-interest’’ or ‘‘successorship’’
determinations).8 The information
submitted by the new Dongkuk Steel
supporting its claim to be the successorin-interest to the former Dongkuk Steel
demonstrates changed circumstances
sufficient to warrant such a review.9
Therefore, in accordance with section
751(b)(1)(A) of the Act and 19 CFR
351.216(d) and (e), we are initiating a
CCR based upon the information
contained in the new Dongkuk Steel’s
request for a CCR.
Preliminary Results of Review
Section 351.221(c)(3)(ii) of
Commerce’s regulations permits
Commerce to combine the notice of
initiation of a CCR and the notice of
preliminary results if Commerce
concludes that expedited action is
warranted.10 In this instance, because
the record contains information
necessary to make a preliminary
finding, we find that expedited action is
warranted and have combined the
notice of initiation and the notice of
preliminary results.11
In this CCR, pursuant to section
751(b) of the Act, Commerce conducted
a successor-in-interest analysis. In
making a successor-in-interest
determination, Commerce examines
several factors, including, but not
limited to, changes in the following: (1)
ownership and management; (2)
8 See, e.g., Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, 82 FR 51606 (November 7,
2017), unchanged in Diamond Sawblades and Parts
Thereof from the People’s Republic of China: Final
Results of Antidumping Duty Changed
Circumstances Review, 82 FR 60177 (December 19,
2017).
9 See 19 CFR 351.216(d).
10 See 19 CFR 351.221(c)(3)(ii); see also Certain
Pasta from Italy: Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 80 FR 33480, 33480–41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged
in Certain Pasta from Italy: Final Results of
Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta from Italy Final Results).
11 See, e.g., Pasta from Italy Preliminary Results,
80 FR at 33480–41, unchanged in Pasta from Italy
Final Results, 80 FR at 48807.
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production facilities; (3) supplier
relationships; and (4) customer base.12
While no single factor or combination of
factors will necessarily provide a
dispositive indication of a successor-ininterest relationship, generally,
Commerce will consider the new
company to be the successor to the
previous company if the new company’s
resulting operation is not materially
dissimilar to that of its predecessor.13 If
Commerce determines the new
company’s operation is not materially
dissimilar to that of its predecessor,
Commerce may assign the new company
the predecessor’s cash deposit rate.14
In accordance with 19 CFR 351.216,
we preliminarily determine that the new
Dongkuk Steel is the successor-ininterest to the former Dongkuk Steel.
Record evidence, as submitted by the
new Dongkuk Steel, indicates that the
new Dongkuk Steel operates as
essentially the same business entity as
the former Dongkuk Steel with respect
to the subject merchandise.15
For the complete successor-in-interest
analysis, see the Preliminary Decision
Memorandum. A list of the topics
discussed in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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 is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
12 See, e.g., Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from Turkey: Notice
of Initiation and Preliminary Results of Changed
Circumstances Review, 86 FR 70444 (December 10,
2021), unchanged in Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Turkey:
Final Results of Changed Circumstances Review, 87
FR 3763 (January 25, 2022).
13 Id.
14 Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber from Japan, 67 FR
58, 59 (January 2, 2002); Ball Bearings and Parts
Thereof from France: Final Results of ChangedCircumstances Review, 75 FR 34688, 34689 (June
18, 2010); and Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea; Preliminary
Results of Antidumping Duty Changed
Circumstances Review, 63 FR 14679 (March 26,
1998), unchanged in Circular Welded Non-Alloy
Steel Pipe from Korea; Final Results of
Antidumping Duty Changed Circumstances Review,
63 FR 20572 (April 27, 1998) (in which Commerce
found that a company which only changed its name
and did not change its operations is a successor-ininterest to the company before it changed its name).
15 See CCR Request.
E:\FR\FM\30AUN1.SGM
30AUN1
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices
Public Comment
In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days
after the date of publication of this
notice.16 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed no later than seven days after the
case briefs, in accordance with 19 CFR
351.309(d). Parties who submit case or
rebuttal briefs 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.17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request
via ACCESS within 14 days of
publication of this notice.18 Hearing
requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing, in accordance with 19 CFR
351.310(d).
All submissions are to be filed
electronically using ACCES. An
electronically filed document must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time on
the established deadline.19 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.20
Final Results of Review
lotter on DSK11XQN23PROD with NOTICES1
Should our final results remain
unchanged from these preliminary
results, we will instruct U.S. Customs
and Border Protection to assign entries
of subject merchandise produced or
exported by new Dongkuk Steel the AD
cash deposit rate applicable to former
Dongkuk Steel.
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
CCR no later than 270 days after the
date on which this review was initiated,
or within 45 days if all parties agree to
our preliminary finding.
16 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
17 See 19 CFR 351.309(c)(2).
18 Commerce is exercising its discretion under 19
CFR 351.310(c) to alter the time limit for requesting
a hearing.
19 See 19 CFR 351.303(b).
20 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
17:31 Aug 29, 2023
Jkt 259001
Notification to Interested Parties
This notice is published in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b),
351.221(b) and 351.221(c)(3).
Dated: August 23, 2023.
Abdelali Elouaradia,
Deputy 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. Initiation and Preliminary Results of
Changed Circumstances Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2023–18706 Filed 8–29–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Evaluation of Narragansett Bay
National Estuarine Research Reserve;
Public Meeting; Request for Comments
Office for Coastal Management,
National Ocean Service, National
Oceanic and Atmospheric
Administration, Department of
Commerce.
ACTION: Notice of public meeting;
request for comments.
AGENCY:
The National Oceanic and
Atmospheric Administration (NOAA),
Office for Coastal Management, will
hold a virtual public meeting to solicit
input on the performance evaluation of
the Narragansett Bay National Estuarine
Research Reserve. NOAA also invites
the public to submit written comments.
DATES: NOAA will hold a virtual public
meeting on Wednesday, October 11,
2023, at 12:30 p.m. Eastern Time (ET).
NOAA will close the meeting 15
minutes after the conclusion of public
comments and after responding to any
clarifying questions from meeting
participants. NOAA will consider all
relevant written comments received by
Friday, October 20, 2023.
ADDRESSES: Comments may be
submitted by one of the following
methods:
• Virtual Public Meeting: Register at
https://forms.gle/xKDXoiqVTqxK2huZA
to participate in the virtual public
meeting on Wednesday, October 11,
2023, at 12:30 p.m. ET. We request that
participants register by Wednesday,
October 11, 2023, at 10:30 a.m. ET.
Please indicate on the registration form
SUMMARY:
PO 00000
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59871
whether you intend to provide oral
comments during the virtual public
meeting by clicking ‘‘Yes’’ or ‘‘No’’ in
the box that reads, ‘‘Do you plan to
make oral comments during this
meeting?’’ The order of the public oral
comments will be based on the date and
time of registration. Upon registration,
NOAA will send a confirmation email.
One hour prior to the start of the virtual
public meeting on October 11, 2023,
NOAA will send an email to all
registrants with a link to the public
meeting and information about
participating. While advance
registration is requested, registration
will remain open until the meeting
closes and any participant may provide
oral comment after the registered
speakers conclude. Meeting registrants
may remain anonymous by typing
‘‘Anonymous’’ in the ‘‘First Name’’ and
‘‘Last Name’’ fields on the registration
form.
• Email: Send written comments to
Pam Kylstra, Evaluator, NOAA Office
for Coastal Management, at
Pam.Kylstra@noaa.gov. Include
‘‘Comments on Performance Evaluation
of the Narragansett Bay National
Estuarine Research Reserve’’ in the
subject line of the message. NOAA will
accept anonymous written comments;
however, the written comments NOAA
receives are considered part of the
public record, and the entirety of the
comment, including the name of the
commenter, email address, attachments,
and other supporting materials, will be
publicly accessible. Sensitive personally
identifiable information, such as
account numbers and Social Security
numbers, should not be included with
the comment. Comments that are not
related to the performance evaluation of
the Narragansett Bay National Estuarine
Research Reserve or that contain
profanity, vulgarity, threats, or other
inappropriate language will not be
considered.
FOR FURTHER INFORMATION CONTACT: Pam
Kylstra, Evaluator, NOAA Office for
Coastal Management, by email at
Pam.Kylstra@noaa.gov or by phone at
(843) 439–5568. Copies of the previous
evaluation findings, reserve
management plan, and reserve site
profile may be viewed and downloaded
on the internet at https://coast.noaa.gov/
czm/evaluations/. A copy of the
evaluation notification letter and most
recent progress report may be obtained
upon request by contacting Pam Kylstra.
SUPPLEMENTARY INFORMATION: Section
312 of the Coastal Zone Management
Act (CZMA) requires NOAA to conduct
periodic evaluations of federally
approved national estuarine research
E:\FR\FM\30AUN1.SGM
30AUN1
Agencies
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59869-59871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18706]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate Products From
the Republic of Korea: Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request for a changed circumstances review
(CCR), the U.S. Department of Commerce (Commerce) is initiating a CCR
of the antidumping duty (AD) order on certain cut-to-length carbon-
quality steel plate products (CTL plate) from the Republic of Korea
(Korea). Additionally, Commerce preliminarily determines that the post-
corporate reorganization Dongkuk Steel Mill Co., Ltd. (Dongkuk Steel)
is the successor-in-interest to the pre-reorganization Dongkuk Steel.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable August 30, 2023.
FOR FURTHER INFORMATION CONTACT: Christopher Williams, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4243.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, Commerce published the AD order on CTL plate
from Korea in the Federal Register.\1\ On
[[Page 59870]]
July 14, 2023, the new Dongkuk Steel requested that Commerce conduct an
expedited CCR of the Order, in accordance with section 751(b) of the
Tariff Act of 1930, as amended (the Act), 19 CFR 351.216(d), and 19 CFR
351.221(c)(3)(ii), to determine that the new Dongkuk Steel is the
successor-in-interest to the former Dongkuk Steel and is entitled to
the cash deposit rate currently in effect for the former Dongkuk
Steel.\2\
---------------------------------------------------------------------------
\1\ See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products from France, India,
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585
(February 10, 2000) (Order).
\2\ See Dongkuk Steel's Letter, ``Request for Changed
Circumstances Review and Successor-in-Interest Determination,''
dated July 14, 2023 (CCR Request).
---------------------------------------------------------------------------
The new Dongkuk Steel explained that it requested a CCR because the
former Dongkuk Steel spun-off its two business units in a
reorganization in which new Dongkuk Steel, and a new operating entity,
Dongkuk Coated Metal Co., Ltd. (Dongkuk CM) now operate as subsidiaries
of Dongkuk Holdings Co., Ltd. (Dongkuk Holdings).\3\ Pursuant to the
reorganization, all assets, liabilities, rights, and obligations as
well as any intangible rights of proprietary nature (including, but not
limited to, licenses and permits, employment and contractual
relationships, and litigations) of former Dongkuk Steel, were
transferred to, and assumed by, post-spin-off Dongkuk Steel, Dongkuk
CM, and Dongkuk Holdings.\4\ In addition, after the spin-off and
reorganization, CTL plate operations conducted by the former Dongkuk
Steel continued to be performed by the company under the same legal
name.\5\ As a result, the new Dongkuk Steel explained that the spin-off
and reorganization did not affect the management or internal
organization structure, production, supplier relationships, or customer
base of the CTL plate business.\6\
---------------------------------------------------------------------------
\3\ Id. at 2.
\4\ Id. at 3.
\5\ Id. at 7.
\6\ Id.
---------------------------------------------------------------------------
We did not receive comments from other interested parties
concerning this request.
Scope of the Order
The merchandise covered by this Order is CTL plate. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for Initiation and
Preliminary Results of Changed Circumstances Review: Certain Cut-to-
Length Carbon-Quality Steel Plate from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Initiation of CCR
Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216,
Commerce will conduct a CCR of an order upon receipt of information or
a review request from an interested party for a review of an AD order
which shows changed circumstances sufficient to warrant a review of the
order. In the past, Commerce has used CCRs to address the applicability
of cash deposit rates after there have been changes in the name or
structure of a respondent, such as a merger or spinoff (``successor-in-
interest'' or ``successorship'' determinations).\8\ The information
submitted by the new Dongkuk Steel supporting its claim to be the
successor-in-interest to the former Dongkuk Steel demonstrates changed
circumstances sufficient to warrant such a review.\9\ Therefore, in
accordance with section 751(b)(1)(A) of the Act and 19 CFR 351.216(d)
and (e), we are initiating a CCR based upon the information contained
in the new Dongkuk Steel's request for a CCR.
---------------------------------------------------------------------------
\8\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 82 FR 51606 (November
7, 2017), unchanged in Diamond Sawblades and Parts Thereof from the
People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, 82 FR 60177 (December 19, 2017).
\9\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
Preliminary Results of Review
Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary results if Commerce concludes that expedited action is
warranted.\10\ In this instance, because the record contains
information necessary to make a preliminary finding, we find that
expedited action is warranted and have combined the notice of
initiation and the notice of preliminary results.\11\
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\10\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta
from Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta from Italy Final Results).
\11\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at
48807.
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In this CCR, pursuant to section 751(b) of the Act, Commerce
conducted a successor-in-interest analysis. In making a successor-in-
interest determination, Commerce examines several factors, including,
but not limited to, changes in the following: (1) ownership and
management; (2) production facilities; (3) supplier relationships; and
(4) customer base.\12\ While no single factor or combination of factors
will necessarily provide a dispositive indication of a successor-in-
interest relationship, generally, Commerce will consider the new
company to be the successor to the previous company if the new
company's resulting operation is not materially dissimilar to that of
its predecessor.\13\ If Commerce determines the new company's operation
is not materially dissimilar to that of its predecessor, Commerce may
assign the new company the predecessor's cash deposit rate.\14\
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\12\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from Turkey: Notice of Initiation and Preliminary
Results of Changed Circumstances Review, 86 FR 70444 (December 10,
2021), unchanged in Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from Turkey: Final Results of Changed Circumstances
Review, 87 FR 3763 (January 25, 2022).
\13\ Id.
\14\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002);
Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010);
and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea;
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded
Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty
Changed Circumstances Review, 63 FR 20572 (April 27, 1998) (in which
Commerce found that a company which only changed its name and did
not change its operations is a successor-in-interest to the company
before it changed its name).
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In accordance with 19 CFR 351.216, we preliminarily determine that
the new Dongkuk Steel is the successor-in-interest to the former
Dongkuk Steel. Record evidence, as submitted by the new Dongkuk Steel,
indicates that the new Dongkuk Steel operates as essentially the same
business entity as the former Dongkuk Steel with respect to the subject
merchandise.\15\
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\15\ See CCR Request.
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For the complete successor-in-interest analysis, see the
Preliminary Decision Memorandum. A list of the topics discussed in the
Preliminary Decision Memorandum is included as an appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
[[Page 59871]]
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 14 days after the date of publication
of this notice.\16\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than seven days after the case
briefs, in accordance with 19 CFR 351.309(d). Parties who submit case
or rebuttal briefs 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.\17\
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\16\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\17\ See 19 CFR 351.309(c)(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 via ACCESS within 14
days of publication of this notice.\18\ Hearing requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing, in accordance with 19 CFR
351.310(d).
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\18\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
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All submissions are to be filed electronically using ACCES. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.\19\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\20\
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\19\ See 19 CFR 351.303(b).
\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Final Results of Review
Should our final results remain unchanged from these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise produced or exported by new Dongkuk
Steel the AD cash deposit rate applicable to former Dongkuk Steel.
Consistent with 19 CFR 351.216(e), we will issue the final results
of this CCR no later than 270 days after the date on which this review
was initiated, or within 45 days if all parties agree to our
preliminary finding.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(b), 351.221(b) and 351.221(c)(3).
Dated: August 23, 2023.
Abdelali Elouaradia,
Deputy 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. Initiation and Preliminary Results of Changed Circumstances
Review
V. Successor-in-Interest Determination
VI. Recommendation
[FR Doc. 2023-18706 Filed 8-29-23; 8:45 am]
BILLING CODE 3510-DS-P