Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, Partial Rescission, and Preliminary Intent To Rescind, in Part; 2021, 69136-69138 [2023-22198]

Download as PDF 69136 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Administrative Protective Order In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to the 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/ 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 violation which is subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c). Dated: September 29, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix I Scope of the Investigation The products within the scope of this investigation are file folders consisting primarily of paper, paperboard, pressboard, or other cellulose material, whether coated or uncoated, that has been folded (or creased in preparation to be folded), glued, taped, bound, or otherwise assembled to be suitable for holding documents. The scope includes all such folders, regardless of color, whether or not expanding, whether or not laminated, and with or without tabs, fasteners, closures, hooks, rods, hangers, pockets, gussets, or internal dividers. The term ‘‘primarily’’ as used in the first sentence of this scope means 50 percent or more of the total product weight, exclusive of the weight of fasteners, closures, hooks, rods, hangers, removable tabs, and similar accessories, and exclusive of the weight of packaging. Subject folders have the following dimensions in their folded and closed position: lengths and widths of at least 8 inches and no greater than 17 inches, regardless of depth. The scope covers all varieties of folders, including but not limited to manila folders, hanging folders, fastener folders, classification folders, expanding folders, pockets, jackets, and wallets. Excluded from the scope are: • mailing envelopes with a flap bearing one or more adhesive strips that can be used permanently to seal the entire length of a side VerDate Sep<11>2014 18:37 Oct 04, 2023 Jkt 262001 such that, when sealed, the folder is closed on all four sides; • binders, with two or more rings to hold documents in place, made from paperboard or pressboard encased entirely in plastic; • binders consisting of a front cover, back cover, and spine, with or without a flap; to be excluded, a mechanism with two or more metal rings must be included on or adjacent to the interior spine; • non-expanding folders with a depth exceeding 2.5 inches and that are closed or closeable on the top, bottom, and all four sides (e.g., boxes or cartons); • expanding folders that have (1) 13 or more pockets, (2) a flap covering the top, (3) a latching mechanism made of plastic and/ or metal to close the flap, and (4) an affixed plastic or metal carry handle; • folders that have an outer surface (other than the gusset, handles, and/or closing mechanisms, if any) that is covered entirely with fabric, leather, and/or faux leather; • fashion folders, which are defined as folders with all of the following characteristics: (1) plastic lamination covering the entire exterior of the folder, (2) printing, foil stamping, embossing (i.e., raised relief patterns that are recessed on the opposite side), and/or debossing (i.e., recessed relief patterns that are raised on the opposite side), covering the entire exterior surface area of the folder, (3) at least two visible and printed or foil stamped colors (other than the color of the base paper), each of which separately covers no less than 10 percent of the entire exterior surface area, and (4) patterns, pictures, designs, or artwork covering no less than thirty percent of the exterior surface area of the folder; • portfolios, which are folders having (1) a width of at least 16 inches when open flat, (2) no tabs or dividers, and (3) one or more pockets that are suitable for holding letter size documents and that cover at least 15 percent of the surface area of the relevant interior side or sides; and • report covers, which are folders having (1) no tabs, dividers, or pockets, and (2) one or more fasteners or clips, each of which is permanently affixed to the center fold, to hold papers securely in place. Imports of the subject merchandise are provided for under Harmonized Tariff Schedule of the United States (HTSUS) category 4820.30.0040. Subject imports may also enter under other HTSUS classifications. While the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Use of Facts Otherwise Available and Adverse Inferences V. Subsidies Valuation VI. Analysis of Programs VII. Discussion of the Issues Comment 1: Whether Navneet Received a Benefit from the Remission of Duties and Taxes on Export Products (RODTEP) PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Program during the Period of Investigation (POI) Comment 2: Whether Commerce has Incorrectly Found the Duty Drawback (DDB) Program to Be Countervailable Comment 3: Whether Commerce Correctly Calculated Merchandise Export Incentive Scheme (MEIS) Benefits VIII. Recommendation [FR Doc. 2023–22197 Filed 10–4–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–882] Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, Partial Rescission, and Preliminary Intent To Rescind, in Part; 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/ exporters of certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR) January 1, 2021, through December 31, 2021. In addition, we are rescinding the review with respect to 44 companies and notifying parties of our intent to rescind the review with respect to two companies. Interested parties are invited to comment on these preliminary results. DATES: Applicable October 5, 2023. FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–7425. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 3, 2022, Commerce published a notice of initiation of administrative review of the countervailing duty (CVD) order on cold-rolled steel from Korea.1 On January 20, 2023, Commerce selected Hyundai Steel Company (Hyundai Steel) 2 and POSCO/POSCO International Corporation (collectively, 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 66275 (November 3, 2022) (Initiation Notice). 2 Hyundai Steel is also known as Hyundai Steel Co., Ltd. E:\FR\FM\05OCN1.SGM 05OCN1 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices POSCO) 3 as mandatory respondents in this administrative review.4 On May 15, 2023, Commerce extended the time period for issuing the preliminary results of this review to September 29, 2023.5 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.6 A list of topics discussed in the Preliminary Decision Memorandum is included as 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 cold-rolled steel. For a complete description of the scope of the order, see the Preliminary Decision Memorandum. ddrumheller on DSK120RN23PROD with NOTICES1 Rescission of Administrative Review, in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation. Commerce received timely withdrawal requests with respect to 44 companies.7 Because there are no longer any pending review requests for those companies, we are rescinding this review with respect to them, in accordance with 19 CFR 351.213(d)(1). 3 POSCO International Corporation was formerly POSCO Daewoo Corporation. See Certain ColdRolled Steel Flat Products from the Republic of Korea: Preliminary Results of Countervailing Duty Administrative Review, 2019, 86 FR 55572 (October 6, 2021) and accompanying Preliminary Decision Memorandum (PDM) at 10, unchanged in Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2019, 87 FR 2022 (April 8). 4 See Memorandum, ‘‘Selection of Respondents,’’ dated January 20, 2023. 5 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of 2021 Countervailing Duty Administrative Review,’’ dated May 15, 2023. 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review, Partial Rescission, and Intent to Rescind, in Part; 2021: Certain Cold-Rolled Steel Flat Products from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 7 See Petitioners’ Letter, ‘‘Partial Withdrawal of Request for Administrative Review,’’ dated February 1, 2023. VerDate Sep<11>2014 18:37 Oct 04, 2023 Jkt 262001 For a complete list of the companies for which we are rescinding this review, see Appendix II. Preliminary Intent To Rescind Administrative Review, in Part It is Commerce’s practice to rescind an administrative review of a countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.8 Normally, upon completion of an administrative review, the suspended entries are liquidated at the countervailing duty assessment rate calculated for the review period.9 Therefore, for an administrative review of a company to be conducted, there must be a reviewable, suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the calculated countervailing duty assessment rate calculated for the review period.10 According to the CBP data on the record, Hyundai Group and POSCO C&C Co., Ltd. did not have reviewable entries of subject merchandise during the POR for which liquidation is suspended. Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR, we intend to rescind this review with respect to Hyundai Group and POSCO C&C Co., Ltd., in accordance with 19 CFR 351.213(d)(3). 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 by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.11 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of Review In accordance with 19 CFR 351.221(b)(4)(i), we calculated 8 See, e.g., Lightweight Thermal Paper from the People’s Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China: Rescission of Countervailing Duty Administrative Review; 2017, 84 FR 14650 (April 11, 2019). 9 See 19 CFR 351.212(b)(2). 10 See 19 CFR 351.213(d)(3). 11 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. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 69137 individual net countervailable subsidy rates for Hyundai Steel and POSCO/ POSCO International Corporation. We preliminarily find that, during the POR, the net countervailable subsidy rates for the producers/exporters under review to be as follows: Company POSCO/POSCO International Corporation12 ...... Hyundai Steel Company13 ... Subsidy rate (percent ad valorem) 0.88 0.78 Disclosure We intend to disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the publication of these preliminary results, in accordance with 19 CFR 351.224(b). Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the date of publication of the preliminary results in the Federal Register. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs after the deadline date for case briefs.14 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or rebuttal briefs in this review 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.15 All briefs must be 12 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with POSCO: POSCO Chemical, POSCO M-Tech, Pohang Scrap Recycling Distribution Center Co., Ltd., POSCO Nippon Steel RHF Joint Venture Co., Ltd., POSCO Terminal, and POSCO Steel Processing and Service. We note that POSCO has an affiliated trading company through which it exported certain subject merchandise during the POR, POSCO International (aka POSCO International Corporation). POSCO International was not selected as a mandatory respondent but was examined in the context of POSCO. Therefore, there is not an established CVD rate for POSCO International; POSCO International’s subsidies are accounted for in POSCO’s total subsidy rate. Instead, entries of subject merchandise exported by POSCO International will receive the rate of the producer listed on the U.S. Customs and Border Protection (CBP) entry form. Thus, the subsidy rate applied to POSCO and POSCO’s cross-owned affiliates is also applied to POSCO International for entries of subject merchandise produced by POSCO. 13 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Hyundai Steel: Hyundai ITC and Hyundai Green Power. 14 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 15 See 19 CFR 351.309(c)(2) and 351.309(d)(2). E:\FR\FM\05OCN1.SGM 05OCN1 69138 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety using ACCESS by 5 p.m. Eastern Time on the established deadline. Note that Commerce has temporarily modified certain of its requirements for service documents containing business proprietary information, until further notice.16 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 using ACCESS within 30 days after the date of publication of this notice.17 Requests should contain the party’s name, address, and telephone number, and 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 will inform parties of the time and date for the hearing.18 ddrumheller on DSK120RN23PROD with NOTICES1 Final Results Unless the deadline is extended, Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, no later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Assessment Rates Consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon issuance of the final results, Commerce shall determine, and CBP shall assess, countervailing duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this 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). For the companies listed in Appendix II for which we are rescinding this administrative review, Commerce 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 16 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 17 See 19 CFR 351.310(c). 18 See 19 CFR 351.310. VerDate Sep<11>2014 18:37 Oct 04, 2023 Jkt 262001 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). Commerce intends to issue appropriate assessment instructions to CBP no earlier than 35 days after the date of publication of this notice in the Federal Register. Cash Deposit Rate Pursuant to section 751(a)(1) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts calculated in the final results for the 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 review, except where the rate calculated in the final results is zero or de minimis, no cash deposit will be required. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific applicable to the company, as appropriate. These cash deposit instructions, when imposed, shall remain in effect until further notice. Notification to Interested Parties These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) and 351.221(b)(4). Dated: September 29, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Diversification of Korea’s Economy V. Subsidies Valuation Information VI. Benchmarks and Interest Rates VII. Analysis of Programs VIII. Recommendation Appendix II—Companies for Which Commerce is Rescinding the Review 1. AJU Steel Co., Ltd. 2. Amerisource Korea 3. Amerisource International 4. BC Trade 5. Busung Steel Co., Ltd. 6. Cenit Co., Ltd. 7. Daewoo Logistics Corp. 8. Dai Yang Metal Co., Ltd. 9. DK GNS Co., Ltd. 10. Dongbu Incheon Steel Co., Ltd. 11. Dongbu Steel Co., Ltd. 12. Dongbu USA 13. KG Dongbu Steel Co., Ltd. 14. Dong Jin Machinery PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 15. Dongkuk Industries Co., Ltd. 16. Dongkuk Steel Mill Co., Ltd. 17. Eunsan Shipping and Air Cargo Co., Ltd. 18. Euro Line Global Co., Ltd. 19. Golden State Corp. 20. GS Global Corp. 21. Hanawell Co., Ltd. 22. Hankum Co., Ltd. 23. Hyosung TNC Corp. 24. Hyuk San Profile Co., Ltd. 25. Iljin NTS Co., Ltd. 26. Iljin Steel Corp. 27. Jeen Pung Industrial Co., Ltd. 28. JS Steel Co. Ltd. 29. JT Solution 30. Kolon Global Corporation 31. Nauri Logistics Co., Ltd. 32. Okaya (Korea) Co., Ltd. 33. PL Special Steel Co., Ltd. 34. Samsung C&T Corp. 35. Samsung STS Co., Ltd. 36. SeAH Steel Corp. 37. SM Automotive Ltd. 38. SK Networks Co., Ltd. 39. Taihan Electric Wire Co., Ltd. 40. TGS Pipe Co., Ltd. 41. TI Automotive Ltd. 42. Topco Global Co., Ltd. 43. Xeno Energy 44. Young Steel Co., Ltd. [FR Doc. 2023–22198 Filed 10–4–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–910] Paper File Folders From India: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that paper file folders from India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2021, through September 30, 2022. DATES: Applicable October 5, 2023. FOR FURTHER INFORMATION CONTACT: Eric Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1988. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 17, 2023, Commerce published in the Federal Register its Preliminary Determination of the LTFV investigation of paper file folders from India, in which it also postponed the final determination until September 29, E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69136-69138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22198]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-882]


Certain Cold-Rolled Steel Flat Products From the Republic of 
Korea: Preliminary Results of Countervailing Duty Administrative 
Review, Partial Rescission, and Preliminary Intent To Rescind, in Part; 
2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain producers/exporters of certain cold-rolled 
steel flat products (cold-rolled steel) from the Republic of Korea 
(Korea) received countervailable subsidies during the period of review 
(POR) January 1, 2021, through December 31, 2021. In addition, we are 
rescinding the review with respect to 44 companies and notifying 
parties of our intent to rescind the review with respect to two 
companies. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable October 5, 2023.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-7425.

SUPPLEMENTARY INFORMATION:

Background

    On November 3, 2022, Commerce published a notice of initiation of 
administrative review of the countervailing duty (CVD) order on cold-
rolled steel from Korea.\1\ On January 20, 2023, Commerce selected 
Hyundai Steel Company (Hyundai Steel) \2\ and POSCO/POSCO International 
Corporation (collectively,

[[Page 69137]]

POSCO) \3\ as mandatory respondents in this administrative review.\4\ 
On May 15, 2023, Commerce extended the time period for issuing the 
preliminary results of this review to September 29, 2023.\5\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 66275 (November 3, 2022) (Initiation 
Notice).
    \2\ Hyundai Steel is also known as Hyundai Steel Co., Ltd.
    \3\ POSCO International Corporation was formerly POSCO Daewoo 
Corporation. See Certain Cold-Rolled Steel Flat Products from the 
Republic of Korea: Preliminary Results of Countervailing Duty 
Administrative Review, 2019, 86 FR 55572 (October 6, 2021) and 
accompanying Preliminary Decision Memorandum (PDM) at 10, unchanged 
in Certain Cold-Rolled Steel Flat Products from the Republic of 
Korea: Final Results of Countervailing Duty Administrative Review; 
2019, 87 FR 2022 (April 8).
    \4\ See Memorandum, ``Selection of Respondents,'' dated January 
20, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2021 Countervailing Duty Administrative Review,'' dated 
May 15, 2023.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as 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.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review, Partial 
Rescission, and Intent to Rescind, in Part; 2021: Certain Cold-
Rolled Steel Flat 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 cold-rolled steel. For a 
complete description of the scope of the order, see the Preliminary 
Decision Memorandum.

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation. Commerce received timely 
withdrawal requests with respect to 44 companies.\7\ Because there are 
no longer any pending review requests for those companies, we are 
rescinding this review with respect to them, in accordance with 19 CFR 
351.213(d)(1). For a complete list of the companies for which we are 
rescinding this review, see Appendix II.
---------------------------------------------------------------------------

    \7\ See Petitioners' Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated February 1, 2023.
---------------------------------------------------------------------------

Preliminary Intent To Rescind Administrative Review, in Part

    It is Commerce's practice to rescind an administrative review of a 
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there 
are no reviewable entries of subject merchandise during the POR for 
which liquidation is suspended.\8\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\9\ Therefore, for an administrative review of a company to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct U.S. Customs and Border Protection (CBP) to liquidate at 
the calculated countervailing duty assessment rate calculated for the 
review period.\10\
---------------------------------------------------------------------------

    \8\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \9\ See 19 CFR 351.212(b)(2).
    \10\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

    According to the CBP data on the record, Hyundai Group and POSCO 
C&C Co., Ltd. did not have reviewable entries of subject merchandise 
during the POR for which liquidation is suspended. Accordingly, in the 
absence of reviewable, suspended entries of subject merchandise during 
the POR, we intend to rescind this review with respect to Hyundai Group 
and POSCO C&C Co., Ltd., in accordance with 19 CFR 351.213(d)(3).

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 by an 
``authority'' that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\11\ For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \11\ 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 Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated 
individual net countervailable subsidy rates for Hyundai Steel and 
POSCO/POSCO International Corporation. We preliminarily find that, 
during the POR, the net countervailable subsidy rates for the 
producers/exporters under review to be as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                           (percent  ad
                                                             valorem)
------------------------------------------------------------------------
POSCO/POSCO International Corporation\12\...............            0.88
Hyundai Steel Company\13\...............................            0.78
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \12\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
POSCO: POSCO Chemical, POSCO M-Tech, Pohang Scrap Recycling 
Distribution Center Co., Ltd., POSCO Nippon Steel RHF Joint Venture 
Co., Ltd., POSCO Terminal, and POSCO Steel Processing and Service. 
We note that POSCO has an affiliated trading company through which 
it exported certain subject merchandise during the POR, POSCO 
International (aka POSCO International Corporation). POSCO 
International was not selected as a mandatory respondent but was 
examined in the context of POSCO. Therefore, there is not an 
established CVD rate for POSCO International; POSCO International's 
subsidies are accounted for in POSCO's total subsidy rate. Instead, 
entries of subject merchandise exported by POSCO International will 
receive the rate of the producer listed on the U.S. Customs and 
Border Protection (CBP) entry form. Thus, the subsidy rate applied 
to POSCO and POSCO's cross-owned affiliates is also applied to POSCO 
International for entries of subject merchandise produced by POSCO.
    \13\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Hyundai Steel: Hyundai ITC and Hyundai Green Power.
---------------------------------------------------------------------------

    We intend to disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the publication of these preliminary results, in accordance 
with 19 CFR 351.224(b).

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary results in the 
Federal Register. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than seven days after the deadline 
date for case briefs after the deadline date for case briefs.\14\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or 
rebuttal briefs in this review 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.\15\ All briefs must be

[[Page 69138]]

filed electronically using ACCESS. An electronically filed document 
must be received successfully in its entirety using ACCESS by 5 p.m. 
Eastern Time on the established deadline. Note that Commerce has 
temporarily modified certain of its requirements for service documents 
containing business proprietary information, until further notice.\16\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
    \16\ 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 using ACCESS within 30 days after the date 
of publication of this notice.\17\ Requests should contain the party's 
name, address, and telephone number, and 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 will 
inform parties of the time and date for the hearing.\18\
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310.
---------------------------------------------------------------------------

Final Results

    Unless the deadline is extended, Commerce intends to issue the 
final results of this administrative review, including the results of 
our analysis of the issues raised by the parties in their comments, no 
later than 120 days after the date of publication of this notice, 
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Assessment Rates

    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce shall 
determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review. Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this 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).
    For the companies listed in Appendix II for which we are rescinding 
this administrative review, Commerce 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). Commerce intends to issue appropriate assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of this notice in the Federal Register.

Cash Deposit Rate

    Pursuant to section 751(a)(1) of the Act, Commerce also intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts calculated in the final results for the 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 review, except where the rate calculated in 
the final results is zero or de minimis, no cash deposit will be 
required. For all non-reviewed firms, we will instruct CBP to continue 
to collect cash deposits of estimated countervailing duties at the most 
recent company-specific applicable to the company, as appropriate. 
These cash deposit instructions, when imposed, shall remain in effect 
until further notice.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(d)(4) and 351.221(b)(4).

    Dated: September 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Diversification of Korea's Economy
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation

Appendix II--Companies for Which Commerce is Rescinding the Review

1. AJU Steel Co., Ltd.
2. Amerisource Korea
3. Amerisource International
4. BC Trade
5. Busung Steel Co., Ltd.
6. Cenit Co., Ltd.
7. Daewoo Logistics Corp.
8. Dai Yang Metal Co., Ltd.
9. DK GNS Co., Ltd.
10. Dongbu Incheon Steel Co., Ltd.
11. Dongbu Steel Co., Ltd.
12. Dongbu USA
13. KG Dongbu Steel Co., Ltd.
14. Dong Jin Machinery
15. Dongkuk Industries Co., Ltd.
16. Dongkuk Steel Mill Co., Ltd.
17. Eunsan Shipping and Air Cargo Co., Ltd.
18. Euro Line Global Co., Ltd.
19. Golden State Corp.
20. GS Global Corp.
21. Hanawell Co., Ltd.
22. Hankum Co., Ltd.
23. Hyosung TNC Corp.
24. Hyuk San Profile Co., Ltd.
25. Iljin NTS Co., Ltd.
26. Iljin Steel Corp.
27. Jeen Pung Industrial Co., Ltd.
28. JS Steel Co. Ltd.
29. JT Solution
30. Kolon Global Corporation
31. Nauri Logistics Co., Ltd.
32. Okaya (Korea) Co., Ltd.
33. PL Special Steel Co., Ltd.
34. Samsung C&T Corp.
35. Samsung STS Co., Ltd.
36. SeAH Steel Corp.
37. SM Automotive Ltd.
38. SK Networks Co., Ltd.
39. Taihan Electric Wire Co., Ltd.
40. TGS Pipe Co., Ltd.
41. TI Automotive Ltd.
42. Topco Global Co., Ltd.
43. Xeno Energy
44. Young Steel Co., Ltd.

[FR Doc. 2023-22198 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.