Certain Corrosion-Resistant Steel Products From the Republic of Korea: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 67243-67245 [2023-21379]
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67243
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
Changes Since the Preliminary Results
In response to arguments from the
petitioner, Commerce corrected an error
with respect to the currency exchange
program. As a result of this change, we
updated the final rates for Bridgestone.
These changes are explained in the
Issues and Decision Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
of adverse facts available pursuant to
section 776(a) and (b) of the Act, see the
Issues and Decision Memorandum.
Final Results of Administrative Review
In accordance with 19 CFR
351.221(b)(5), Commerce calculated the
following net countervailable subsidy
rates for the period November 10, 2020,
through December 31, 2021:
Company
Subsidy rate—2020
(percent ad valorem)
Subsidy rate—2021
(percent ad valorem)
Bridgestone Tire Manufacturing Vietnam, LLC ...............................................................................
1.34
0.00
Disclosure
Administrative Protective Order
DEPARTMENT OF COMMERCE
We intend to disclose the calculations
performed in connection with the final
results of review to parties in this
proceeding within five days after public
announcement of the final results or, if
there is no public announcement,
within five days of the date of
publication of the notice of final results
in the Federal Register, in accordance
with 19 CFR 351.224(b).
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing
the final results of review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(5).
International Trade Administration
Cash Deposit Instructions
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amount shown for the company listed
above for 2021 (i.e., 0.00 percent) 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. This cash deposit
requirement, effective upon publication
of the final results of this review, shall
remain in effect until further notice.
lotter on DSK11XQN23PROD with NOTICES1
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found to be
countervailable, Commerce finds that
there is a subsidy, i.e., a financial
contribution from a government or
public entity that gives rise to a benefit
to the recipient, and that the subsidy is
specific.6 For a full description of the
methodology underlying all of
Commerce’s conclusions, including any
determination that relied upon the use
Dated: September 25, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Assessment Rates
List of Topics Discussed in the Issues and
Decision Memorandum
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(2),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries of subject
merchandise covered by this review. We
intend to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of these final results
of review. 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).
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Subsidies Valuation Information
VI. Interest Rates, Discount Rates, and
Benchmarks
VII. Analysis of Programs
VIII. Discussion of the Issue
Comment: Whether Commerce Should Use
a Different Denominator for the Currency
Exchanges Program
IX. Recommendation
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
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21:46 Sep 28, 2023
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[FR Doc. 2023–21450 Filed 9–28–23; 8:45 am]
BILLING CODE 3510–DS–P
[A–580–878]
Certain Corrosion-Resistant Steel
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
corrosion-resistant steel products
(CORE) from the Republic of Korea
(Korea). Additionally, Commerce
preliminarily determines that Dongkuk
Coated Metal Co., Ltd., following a
corporate organizational change in June
2023 (hereinafter, Dongkuk CM), is the
successor-in-interest to the prereorganization Dongkuk Steel Mill Co.,
Ltd. entity (hereinafter, Old Dongkuk
Steel). As such, Dongkuk CM is entitled
to Old Dongkuk Steel’s AD cash deposit
rates with respect to entries of subject
merchandise in the above-referenced
proceeding. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable September 29, 2023.
FOR FURTHER INFORMATION CONTACT:
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) 482–4868.
SUPPLEMENTARY INFORMATION:
AGENCY:
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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67244
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Background
On June 30, 2023, Dongkuk CM
notified Commerce of a corporate
reorganization and requested that
Commerce initiate a CCR under the
relevant AD proceeding to determine
that it is the successor-in-interest to Old
Dongkuk Steel for purposes of
determining AD cash deposits.1 In this
request, Dongkuk CM stated that, on
May 12, 2023, the shareholders of Old
Dongkuk Steel approved the December
9, 2022, proposal by the company’s
board of directors (BOD) to spin off its
cold-rolled steel division, which
produced CORE and non-subject
merchandise, and its hot-rolled steel
division, which produced only nonsubject merchandise, as separate
operating companies (i.e., Dongkuk CM
and New Dongkuk Steel, respectively)
and position the newly-established
operating companies under the holding
company, Dongkuk Holdings Co., Ltd.
(Dongkuk Holdings), effective as of June
1, 2023 (the Spin-Off and
Reorganization).2 Immediately following
the BOD meeting on December 9, 2022,
Old Dongkuk Steel notified the Korean
Financial Services Commission (KFSC)
and the Korean Financial Supervisory
Service (KFSS) of the planned Spin-Off
and Reorganization through a written
notification that summarized the SpinOff Plan (KFSS Notification). The KFSS
Notification explained the plan to split
the operations of Old Dongkuk Steel
into Dongkuk CM, New Dongkuk, and
Dongkuk Holdings.3 Subsequently, the
Extraordinary General Meeting of
Shareholders was convened on May 12,
2023, which ‘‘approved as presented’’
the Spin-Off Plan to proceed on June 1,
2023, as had been proposed.4
Dongkuk CM states that there were no
other changes because of the Spin-Off
and Reorganization. The total capital of
Old Dongkuk Steel was allocated among
the three companies under the new
structure; management of Old Dongkuk
Steel was divided among the three
companies; the production facilities of
Old Dongkuk Steel, including the
production facility for CORE (i.e., the
Busan Plant), were split by operating
division (i.e., Cold- Rolled Steel
Division and Hot-Rolled Steel Division)
between Dongkuk CM and New
Dongkuk Steel; Dongkuk CM retained
the suppliers of Old Dongkuk Steel’s
Cold-Rolled Steel Division for the
1 See Dongkuk’s Letter, ‘‘Request for Changed
Circumstances Review and Successor-in-Interest
Determination’’ (Dongkuk CCR Request), dated June
30, 2023.
2 Id. at 2–3 and Attachment 1.
3 Id. at 4 and Attachment 3.
4 Id. at 4 and Attachments 2 and 4.
VerDate Sep<11>2014
21:46 Sep 28, 2023
Jkt 259001
materials used in the production of
CORE; and Dongkuk CM retained the
customer base of Old Dongkuk Steel’s
Cold-Rolled Steel Division for CORE.5
Scope of the Order 6
The merchandise covered by the
Order is certain corrosion-resistant steel
products from Korea. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.7
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216, Commerce will
conduct a CCR of an order upon receipt
of information concerning, or a request
from an interested party for a review of,
an order which shows changed
circumstances sufficient to warrant a
review of the order. Commerce finds
that the information submitted by
Dongkuk CM demonstrates changed
circumstances sufficient to warrant such
a review. Therefore, in accordance with
section 751(b)(1) of the Act and 19 CFR
351.216(d), Commerce is initiating a
CCR based on the information contained
in Dongkuk CM’s request that
Commerce determine that Dongkuk CM
is the successor-in-interest to Old
Dongkuk Steel for purposes of the
Order.
Further, 19 CFR 351.221(c)(3)(ii)
permits Commerce to combine the
notice of initiation of a CCR and the
notice of preliminary results of a CCR if
Commerce concludes that expedited
action is warranted. In this instance,
because the record contains the
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.
Methodology
In determining whether one company
is the successor to another, Commerce
generally considers a company to be the
successor-in-interest for AD cash
deposit purposes if the operations of the
successor are not materially dissimilar
5 Id.
at 3–6 and Attachments 2–4.
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).
7 See Memorandum, ‘‘Decision Memorandum for
the Initiation and Preliminary Results of the
Changed Circumstances Review of the
Antidumping Duty Order on Certain CorrosionResistant Steel Products from the Republic of
Korea,’’ dated concurrently with, and hereby
adopted by, this notice.
6 See
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from those of its predecessor.8 In
making this determination, Commerce
examines a number of factors including,
but not limited to, changes in: (1)
management; (2) production facilities;
(3) suppliers; and (4) customer base.9
While no one or several of these factors
will necessarily provide a dispositive
indication of succession, if the 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 prior company, Commerce will
assign the new company the cash
deposit rate of its predecessor.10
Commerce’s analysis of the
information submitted by Dongkuk CM
is detailed in 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.
Preliminary Results of the Changed
Circumstances Reviews
In the Dongkuk CCR Request,
Dongkuk CM provided evidence
demonstrating that its operations are not
materially dissimilar from those of Old
Dongkuk Steel with respect to the
subject merchandise. Specifically,
Dongkuk CM is managed and operated
by the same managers as Old Dongkuk
Steel, either directly as board members
or members of Dongkuk CM’s
management team, or indirectly as
members of Dongkuk Holdings’
management team. Further, Dongkuk
CM has not added, or discontinued use
8 See Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Multilayered Wood Flooring from the People’s
Republic of China, 79 FR 48117 (August 15, 2014),
unchanged in Multilayered Wood Flooring from the
People’s Republic of China: Final Results of
Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
9 Id.
10 See, e.g., Certain Preserved Mushrooms from
India: Initiation and Preliminary Results of
Changed-Circumstances Review, 67 FR 78416
(December 24, 2002), unchanged in Certain
Preserved Mushrooms from India: Final Results of
Changed-Circumstances Review, 68 FR 6884
(February 11, 2003); and Fresh and Chilled Atlantic
Salmon from Norway: Final Results of Changed
Circumstances Antidumping Administrative
Review, 64 FR 9979, 9980 (March 1, 1999).
E:\FR\FM\29SEN1.SGM
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
of, steel production facilities as a result
of the change in ownership and
management structure. Finally, there
have been no significant changes to the
company’s suppliers and customer base.
Based on the foregoing, which is
explained in greater detail in the
Preliminary Decision Memorandum, we
preliminarily determine that Dongkuk
CM is the successor-in-interest to Old
Dongkuk Steel and, as such, that
Dongkuk CM is entitled to Old Dongkuk
Steel’s AD cash deposit rate with
respect to entries of subject
merchandise.
lotter on DSK11XQN23PROD with NOTICES1
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.11 Rebuttal briefs, limited to
issues raised in case briefs, may be filed
not later than seven days after the due
date for case briefs, in accordance with
19 CFR 351.309(d).12 Parties who
submit case briefs or rebuttal briefs in
this CCR are requested to submit with
each argument: (1) a statement of the
issues; (2) a brief summary of the
arguments; and (3) a table of
authorities.13
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 14 days of publication of this
notice.14 Hearing requests should
contain the following information: (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 the
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,
Commerce intends to hold the hearing
at a time and date to be determined.
Parties should confirm the date and the
time of the hearing two days before the
scheduled date.
All submissions must be filed
electronically using ACCESS and must
also be served on interested parties. An
electronically-filed document must be
received successfully in its entirely by
ACCESS by 5:00 p.m. Eastern Time (ET)
on the due date.15 Note that Commerce
has temporarily modified certain
11 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to Covid–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
13 See 19 CFR 351.309(c)(2).
14 Commerce is exercising its discretion under 19
CFR 351.310(c) to alter the time limit for requesting
a hearing.
15 See 19 CFR 351.303(b).
VerDate Sep<11>2014
21:46 Sep 28, 2023
Jkt 259001
requirements for serving documents
containing business proprietary
information, until further notice.16
Final Results
Consistent with 19 CFR 351.216(e),
we intend to 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 of publication of these
preliminary results, if all parties agree to
the preliminary findings.
Notification to Interested Parties
We are issuing and publishing this
initiation and preliminary results notice
in accordance with section 751(b)(1)
and 777(i)(1) of the Act, and 19 CFR
351.216(b) and 351.221(c)(3).
Dated: September 22, 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. Current Cash Deposit Rates
V. Initiation and Preliminary Results of the
Changed Circumstances Review
VI. Successor-in-Interest Determination
VII. Recommendation
[FR Doc. 2023–21379 Filed 9–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD426]
Pacific Fishery Management Council;
Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Pacific Fishery
Management Council (Pacific Council)
and its advisory bodies will meet
November 1–8, 2023 in Garden Grove,
California and via webinar. The Council
meeting will be live streamed with the
opportunity to provide public comment
remotely.
DATES: The Pacific Council meeting will
begin on Friday, November 3, 2023, at
9 a.m. Pacific Daylight Time (PDT),
reconvening at 8 a.m. on Saturday,
November 4 through Wednesday,
November 8, 2023. All meetings are
SUMMARY:
16 See
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67245
open to the public, except for a Closed
Session held from 8 a.m. to 9 a.m.,
Friday, November 3, to address
litigation and personnel matters. The
Pacific Council will meet as late as
necessary each day to complete its
scheduled business.
ADDRESSES:
Meeting address: Meetings of the
Pacific Council and its advisory entities
will be held at the Hyatt Regency
Orange County, 11999 Harbor Blvd.,
Garden Grove, CA; telephone: (714)
750–1234. Specific meeting information,
including directions on joining the
meeting, connecting to the live stream
broadcast, and system requirements will
be provided in the meeting
announcement on the Pacific Council’s
website (see www.pcouncil.org). You
may send an email to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov) or contact him at (503) 820–
2412 for technical assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT: Mr.
Merrick Burden, Executive Director,
Pacific Council; telephone: (503) 820–
2418 or (866) 806–7204 toll-free, or
access the Pacific Council website,
www.pcouncil.org, for the proposed
agenda and meeting briefing materials.
SUPPLEMENTARY INFORMATION: The
November 3–8, 2023 meeting of the
Pacific Council will be streamed live on
the internet. The broadcasts begin
initially at 9 a.m. PDT Friday, November
3, 2023, and 8 a.m. PDT Saturday,
November 4 through Wednesday,
November 8, 2023. Broadcasts end when
business for the day is complete. Only
the audio portion and presentations
displayed on the screen at the Pacific
Council meeting will be broadcast. The
audio portion for the public is listenonly except that an opportunity for oral
public comment will be provided prior
to Council Action on each agenda item.
Additional information and instructions
on joining or listening to the meeting
can be found on the Pacific Council’s
website (see www.pcouncil.org).
The following items are on the Pacific
Council agenda, but not necessarily in
this order. Agenda items noted as ‘‘Final
Action’’ refer to actions requiring the
Council to transmit a proposed fishery
management plan, proposed plan
amendment, or proposed regulations to
the U.S. Secretary of Commerce, under
sections 304 or 305 of the MagnusonStevens Fishery Conservation and
Management Act. Additional detail on
agenda items, Council action, and
advisory entity meeting times, are
E:\FR\FM\29SEN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67243-67245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21379]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel 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 corrosion-resistant steel
products (CORE) from the Republic of Korea (Korea). Additionally,
Commerce preliminarily determines that Dongkuk Coated Metal Co., Ltd.,
following a corporate organizational change in June 2023 (hereinafter,
Dongkuk CM), is the successor-in-interest to the pre-reorganization
Dongkuk Steel Mill Co., Ltd. entity (hereinafter, Old Dongkuk Steel).
As such, Dongkuk CM is entitled to Old Dongkuk Steel's AD cash deposit
rates with respect to entries of subject merchandise in the above-
referenced proceeding. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable September 29, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-4868.
SUPPLEMENTARY INFORMATION:
[[Page 67244]]
Background
On June 30, 2023, Dongkuk CM notified Commerce of a corporate
reorganization and requested that Commerce initiate a CCR under the
relevant AD proceeding to determine that it is the successor-in-
interest to Old Dongkuk Steel for purposes of determining AD cash
deposits.\1\ In this request, Dongkuk CM stated that, on May 12, 2023,
the shareholders of Old Dongkuk Steel approved the December 9, 2022,
proposal by the company's board of directors (BOD) to spin off its
cold-rolled steel division, which produced CORE and non-subject
merchandise, and its hot-rolled steel division, which produced only
non-subject merchandise, as separate operating companies (i.e., Dongkuk
CM and New Dongkuk Steel, respectively) and position the newly-
established operating companies under the holding company, Dongkuk
Holdings Co., Ltd. (Dongkuk Holdings), effective as of June 1, 2023
(the Spin-Off and Reorganization).\2\ Immediately following the BOD
meeting on December 9, 2022, Old Dongkuk Steel notified the Korean
Financial Services Commission (KFSC) and the Korean Financial
Supervisory Service (KFSS) of the planned Spin-Off and Reorganization
through a written notification that summarized the Spin-Off Plan (KFSS
Notification). The KFSS Notification explained the plan to split the
operations of Old Dongkuk Steel into Dongkuk CM, New Dongkuk, and
Dongkuk Holdings.\3\ Subsequently, the Extraordinary General Meeting of
Shareholders was convened on May 12, 2023, which ``approved as
presented'' the Spin-Off Plan to proceed on June 1, 2023, as had been
proposed.\4\
---------------------------------------------------------------------------
\1\ See Dongkuk's Letter, ``Request for Changed Circumstances
Review and Successor-in-Interest Determination'' (Dongkuk CCR
Request), dated June 30, 2023.
\2\ Id. at 2-3 and Attachment 1.
\3\ Id. at 4 and Attachment 3.
\4\ Id. at 4 and Attachments 2 and 4.
---------------------------------------------------------------------------
Dongkuk CM states that there were no other changes because of the
Spin-Off and Reorganization. The total capital of Old Dongkuk Steel was
allocated among the three companies under the new structure; management
of Old Dongkuk Steel was divided among the three companies; the
production facilities of Old Dongkuk Steel, including the production
facility for CORE (i.e., the Busan Plant), were split by operating
division (i.e., Cold- Rolled Steel Division and Hot-Rolled Steel
Division) between Dongkuk CM and New Dongkuk Steel; Dongkuk CM retained
the suppliers of Old Dongkuk Steel's Cold-Rolled Steel Division for the
materials used in the production of CORE; and Dongkuk CM retained the
customer base of Old Dongkuk Steel's Cold-Rolled Steel Division for
CORE.\5\
---------------------------------------------------------------------------
\5\ Id. at 3-6 and Attachments 2-4.
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
The merchandise covered by the Order is certain corrosion-resistant
steel products from Korea. For a complete description of the scope of
the Order, see the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for the Initiation and
Preliminary Results of the Changed Circumstances Review of the
Antidumping Duty Order on Certain Corrosion-Resistant Steel Products
from the Republic of Korea,'' dated concurrently with, and hereby
adopted by, this notice.
---------------------------------------------------------------------------
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216, Commerce will conduct a CCR of an order
upon receipt of information concerning, or a request from an interested
party for a review of, an order which shows changed circumstances
sufficient to warrant a review of the order. Commerce finds that the
information submitted by Dongkuk CM demonstrates changed circumstances
sufficient to warrant such a review. Therefore, in accordance with
section 751(b)(1) of the Act and 19 CFR 351.216(d), Commerce is
initiating a CCR based on the information contained in Dongkuk CM's
request that Commerce determine that Dongkuk CM is the successor-in-
interest to Old Dongkuk Steel for purposes of the Order.
Further, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine the
notice of initiation of a CCR and the notice of preliminary results of
a CCR if Commerce concludes that expedited action is warranted. In this
instance, because the record contains the 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.
Methodology
In determining whether one company is the successor to another,
Commerce generally considers a company to be the successor-in-interest
for AD cash deposit purposes if the operations of the successor are not
materially dissimilar from those of its predecessor.\8\ In making this
determination, Commerce examines a number of factors including, but not
limited to, changes in: (1) management; (2) production facilities; (3)
suppliers; and (4) customer base.\9\ While no one or several of these
factors will necessarily provide a dispositive indication of
succession, if the 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 prior company, Commerce
will assign the new company the cash deposit rate of its
predecessor.\10\
---------------------------------------------------------------------------
\8\ See Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review: Multilayered Wood Flooring from the
People's Republic of China, 79 FR 48117 (August 15, 2014), unchanged
in Multilayered Wood Flooring from the People's Republic of China:
Final Results of Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
\9\ Id.
\10\ See, e.g., Certain Preserved Mushrooms from India:
Initiation and Preliminary Results of Changed-Circumstances Review,
67 FR 78416 (December 24, 2002), unchanged in Certain Preserved
Mushrooms from India: Final Results of Changed-Circumstances Review,
68 FR 6884 (February 11, 2003); and Fresh and Chilled Atlantic
Salmon from Norway: Final Results of Changed Circumstances
Antidumping Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
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Commerce's analysis of the information submitted by Dongkuk CM is
detailed in 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.
Preliminary Results of the Changed Circumstances Reviews
In the Dongkuk CCR Request, Dongkuk CM provided evidence
demonstrating that its operations are not materially dissimilar from
those of Old Dongkuk Steel with respect to the subject merchandise.
Specifically, Dongkuk CM is managed and operated by the same managers
as Old Dongkuk Steel, either directly as board members or members of
Dongkuk CM's management team, or indirectly as members of Dongkuk
Holdings' management team. Further, Dongkuk CM has not added, or
discontinued use
[[Page 67245]]
of, steel production facilities as a result of the change in ownership
and management structure. Finally, there have been no significant
changes to the company's suppliers and customer base. Based on the
foregoing, which is explained in greater detail in the Preliminary
Decision Memorandum, we preliminarily determine that Dongkuk CM is the
successor-in-interest to Old Dongkuk Steel and, as such, that Dongkuk
CM is entitled to Old Dongkuk Steel's AD cash deposit rate with respect
to entries of subject merchandise.
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.\11\ Rebuttal briefs, limited to issues raised in case
briefs, may be filed not later than seven days after the due date for
case briefs, in accordance with 19 CFR 351.309(d).\12\ Parties who
submit case briefs or rebuttal briefs in this CCR are requested to
submit with each argument: (1) a statement of the issues; (2) a brief
summary of the arguments; and (3) a table of authorities.\13\
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\11\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to Covid-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2).
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 14 days of publication of this notice.\14\ Hearing
requests should contain the following information: (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
the 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, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date and the time of the hearing
two days before the scheduled date.
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\14\ 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 must be filed electronically using ACCESS and must
also be served on interested parties. An electronically-filed document
must be received successfully in its entirely by ACCESS by 5:00 p.m.
Eastern Time (ET) on the due date.\15\ Note that Commerce has
temporarily modified certain requirements for serving documents
containing business proprietary information, until further notice.\16\
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\15\ See 19 CFR 351.303(b).
\16\ See Temporary Rule.
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Final Results
Consistent with 19 CFR 351.216(e), we intend to 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 of publication of these
preliminary results, if all parties agree to the preliminary findings.
Notification to Interested Parties
We are issuing and publishing this initiation and preliminary
results notice in accordance with section 751(b)(1) and 777(i)(1) of
the Act, and 19 CFR 351.216(b) and 351.221(c)(3).
Dated: September 22, 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. Current Cash Deposit Rates
V. Initiation and Preliminary Results of the Changed Circumstances
Review
VI. Successor-in-Interest Determination
VII. Recommendation
[FR Doc. 2023-21379 Filed 9-28-23; 8:45 am]
BILLING CODE 3510-DS-P
