Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 69116-69118 [2023-22200]
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69116
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
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Kristi Murphy, Medicine Bow-Routt
National Forests and Thunder Basin
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ddrumheller on DSK120RN23PROD with NOTICES1
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:37 Oct 04, 2023
Jkt 262001
444–6777. Reservations would cost
$8.00 per reservation.
Dated: September 29, 2023.
Jacqueline Emanuel,
Associate Deputy Chief, National Forest
System.
[FR Doc. 2023–22173 Filed 10–4–23; 8:45 am]
BILLING CODE 3411–15–P
Dated: September 28, 2023.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2023–22129 Filed 10–4–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–36–2023]
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–192–2023]
Foreign-Trade Zone 144; Application
for Expansion of Subzone 144C; Orgill,
Inc.; Tifton, Georgia
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the Brunswick and Glynn County
Development Authority, grantee of FTZ
144, requesting an expansion of
Subzone 144C on behalf of Orgill, Inc.,
located in Tifton, Georgia. The
application was submitted pursuant to
the provisions of the Foreign-Trade
Zones Act, as amended (19 U.S.C. 81a–
81u), and the regulations of the FTZ
Board (15 CFR part 400). It was formally
docketed on September 28, 2023.
The applicant is requesting authority
to expand the subzone to include an
additional site: Proposed Site 2 (87
acres)—10 Orgill Way, Tifton, Georgia.
No authorization for production activity
has been requested at this time. The
expanded subzone would be subject to
the existing activation limit of FTZ 144.
In accordance with the FTZ Board’s
regulations, Christopher Kemp of the
FTZ Staff is designated examiner to
review the application and make
recommendations to the Executive
Secretary.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
November 14, 2023. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period to November 29, 2023.
A copy of the application will be
available for public inspection in the
‘‘Online FTZ Information Section’’
section of the FTZ Board’s website,
which is accessible via www.trade.gov/
ftz.
For further information, contact
Christopher Kemp at
Christopher.Kemp@trade.gov.
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Foreign-Trade Zone (FTZ) 142; Partial
Authorization of Production Activity;
Nexsus Cocoa Services LLC; (Cocoa
or Cocoa Equivalent and Sugar
Blends); Southern New Jersey
On June 1, 2023, Nexsus Cocoa
Services LLC submitted a notification of
proposed production activity to the FTZ
Board for its anticipated facility within
FTZ 142, in Southern New Jersey.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (88 FR 38019, June 12,
2023). On September 29, 2023, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time,
with the exception of the foreign-status
component ‘‘refined white sugar,’’
which was not authorized. The
production activity described in the
notification was authorized for the other
requested finished products and foreignstatus components, subject to the FTZ
Act and the FTZ Board’s regulations,
including section 400.14. If the
applicant wishes to seek authorization
for the foreign-status component
‘‘refined white sugar’’, it will need to
submit an application for production
authority, pursuant to section 400.23.
Dated: September 29, 2023.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2023–22130 Filed 10–4–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–881]
Certain Cold-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
AGENCY:
E:\FR\FM\05OCN1.SGM
05OCN1
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
determines that certain cold-rolled steel
flat products (cold-rolled steel) from the
Republic of Korea (Korea) were sold in
the United States at less than normal
value (NV) during the period of review
(POR), September 1, 2021, through
August 31, 2022. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT:
Caroline Carroll, 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) 482–4948.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On September 20, 2016, Commerce
published in the Federal Register the
antidumping duty order on cold-rolled
steel from Korea.1 On September 1,
2022, Commerce published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order for the period September 1,
2021, through August 31, 2022.2 On
November 3, 2022, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the Order.3 On
January 20, 2023, Commerce selected
Hyundai Steel Company (Hyundai) and
POSCO/POSCO International
Corporation (collectively, POSCO) as
the mandatory respondents in this
administrative review.4 On May 11,
2023, we extended the deadline for
issuing the preliminary results of this
review to September 29, 2023, in
accordance with section of 751(a)(3) of
the Tariff Act of 1930 (the Act), and 19
CFR 351.213(h)(2).5
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 The
1 See Certain Cold-Rolled Steel Flat Products from
Brazil, India, the Republic of Korea, and the United
Kingdom: Amended Final Affirmative Antidumping
Determinations for Brazil and the United Kingdom
and Antidumping Duty Orders, 81 FR 64432
(September 20, 2016) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 87 FR 53719
(September 1, 2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
66275 (November 3, 2022) (Initiation Notice).
4 See Memorandum, ‘‘Respondent Selection,’’
dated January 20, 2023.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2021–2022 Antidumping
Duty Administrative Review,’’ dated May 11, 2023.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2022
Administrative Review of the Antidumping Duty
Order on Certain Cold-Rolled Steel Flat Products
VerDate Sep<11>2014
18:37 Oct 04, 2023
Jkt 262001
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. A list
of the topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
Scope of the Order
The merchandise subject to the Order
is cold-rolled steel from Korea. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
margins for Hyundai and POSCO that
are not zero, de minimis (i.e., less than
0.5 percent) or determined entirely
based on facts available. Accordingly,
consistent with guidance in section
735(c)(5)(A) of the Act, Commerce
preliminarily calculated a weightedaverage dumping margin for KG Dongbu
Steel Co., Ltd. (Dongbu) using the
calculated rates of the mandatory
respondents, Hyundai and POSCO,
which are not zero or de minimis, or
determined entirely on the basis of facts
available.
Preliminary Results of the Review
Commerce preliminarily determines
that the following weighted-average
dumping margins exist for the period of
September 1, 2021, through August 31,
2022:
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Act. Export price and
constructed export price are calculated
in accordance with section 772 of the
Act. NV is calculated in accordance
with section 773 of the Act. For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a weighted-average
dumping margin to be determined for
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy lessthan-fair-value (LTFV) investigation, for
guidance when determining the
weighted-average dumping margin for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we preliminarily
calculated weighted-average dumping
from Korea,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
69117
Producer or exporter
Hyundai Steel Company .............
POSCO/POSCO International
Corporation .............................
KG Dongbu Steel Co., Ltd .........
Weightedaverage
dumping
margin
(percent)
1.30
2.64
2.22
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed for these
preliminary results to interested parties
within five days of the date of
publication of this notice.7 Interested
parties may submit case briefs no later
than 30 days after the date of
publication of this notice.8 Rebuttal
briefs, limited to issues raised in case
briefs, may be filed no later than seven
days after the date for filing case briefs.9
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) a statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance within 30 days after the
date of publication of this notice.
Hearing requests should contain the
party’s name, address, and telephone
number, and 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
7 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
9 See 19 CFR 351.309(d)(1); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
8 See
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05OCN1
69118
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
is made, Commerce will inform parties
of the time and date for the hearing.10
All briefs and hearing requests must
be filed electronically using ACCESS
and received successfully in their
entirety by 5:00 p.m. Eastern Time on
the due date. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.11
Unless the deadline is extended,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
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 any
written briefs, no later than 120 days
after the date of publication of these
preliminary results.
Assessment Rates
ddrumheller on DSK120RN23PROD with NOTICES1
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise covered by this review.12 If
the weighted-average dumping margin
for an individually examined
respondent is not zero or de minimis
(i.e., less than 0.50 percent) in the final
results of this review, we will calculate
importer-specific ad valorem
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1).13 For any individually
examined respondent whose weightedaverage dumping margin is zero or de
minimis in the final results of review, or
if an importer-specific assessment rate is
zero or de minimis, Commerce will
instruct CBP to liquidate appropriate
entries without regard to antidumping
duties.14
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by Hyundai or POSCO for which the
reviewed companies did not know that
the merchandise they sold to the
intermediary (i.e., a reseller, trading
company, or exporter) was destined for
10 See
19 CFR 351.310(d).
Temporary Rule.
12 See 19 CFR 351.212(b)(1).
13 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
14 Id., 77 FR at 8102–03; see also 19 CFR
351.106(c)(2).
11 See
VerDate Sep<11>2014
18:37 Oct 04, 2023
Jkt 262001
the United States.15 In such instances,
we will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.16
For Dongbu, the company that was
not selected for individual examination,
we intend to assign an assessment rate
based on the weighted average of the
cash deposit rates calculated for
Hyundai and POSCO, excluding any
which are zero, de minimis, or
determined entirely on the basis of facts
available.17
The final results of this administrative
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
cash deposits of estimated antidumping
duties, where applicable.18 Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
this review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication in the
Federal Register of final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for the companies listed
above will be equal to the weightedaverage dumping margin established in
the final results of this administrative
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously investigated or reviewed
companies not covered in this review,
the cash deposit rate will continue to be
the company-specific cash deposit rate
published for the most recently
completed segment of this proceeding in
which the company participated; (3) if
the exporter is not a firm covered in this
review, a prior review, or the LTFV
investigation, but the manufacturer is,
15 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
16 See Order.
17 See section 735(c)(5)(A) of the Act.
18 See section 751(a)(2)(C) of the Act.
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Frm 00004
Fmt 4703
Sfmt 4703
then the cash deposit rate will be the
rate established for the most recent
segment for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 20.33
percent, the all-others rate established
in the LTFV investigation.19 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties.
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 351.221(b)(4).
Dated: September 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–22200 Filed 10–4–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–870]
Certain Oil Country Tubular Goods
From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review and
Preliminary Determination of No
Shipments; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
19 See
E:\FR\FM\05OCN1.SGM
Order.
05OCN1
Agencies
[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69116-69118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22200]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review;
2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
[[Page 69117]]
determines that certain cold-rolled steel flat products (cold-rolled
steel) from the Republic of Korea (Korea) were sold in the United
States at less than normal value (NV) during the period of review
(POR), September 1, 2021, through August 31, 2022. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: Caroline Carroll, 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) 482-4948.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2016, Commerce published in the Federal Register
the antidumping duty order on cold-rolled steel from Korea.\1\ On
September 1, 2022, Commerce published in the Federal Register a notice
of opportunity to request an administrative review of the Order for the
period September 1, 2021, through August 31, 2022.\2\ On November 3,
2022, based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the
Order.\3\ On January 20, 2023, Commerce selected Hyundai Steel Company
(Hyundai) and POSCO/POSCO International Corporation (collectively,
POSCO) as the mandatory respondents in this administrative review.\4\
On May 11, 2023, we extended the deadline for issuing the preliminary
results of this review to September 29, 2023, in accordance with
section of 751(a)(3) of the Tariff Act of 1930 (the Act), and 19 CFR
351.213(h)(2).\5\
---------------------------------------------------------------------------
\1\ See Certain Cold-Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20,
2016) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 87 FR 53719 (September 1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022) (Initiation
Notice).
\4\ See Memorandum, ``Respondent Selection,'' dated January 20,
2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
May 11, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
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. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an appendix to this
notice.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Certain Cold-Rolled Steel Flat Products from Korea,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is cold-rolled steel from
Korea. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price and constructed export
price are calculated in accordance with section 772 of the Act. NV is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in a market economy less-than-fair-value (LTFV) investigation, for
guidance when determining the weighted-average dumping margin for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we preliminarily calculated weighted-average
dumping margins for Hyundai and POSCO that are not zero, de minimis
(i.e., less than 0.5 percent) or determined entirely based on facts
available. Accordingly, consistent with guidance in section
735(c)(5)(A) of the Act, Commerce preliminarily calculated a weighted-
average dumping margin for KG Dongbu Steel Co., Ltd. (Dongbu) using the
calculated rates of the mandatory respondents, Hyundai and POSCO, which
are not zero or de minimis, or determined entirely on the basis of
facts available.
Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period of September 1, 2021,
through August 31, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 1.30
POSCO/POSCO International Corporation....................... 2.64
KG Dongbu Steel Co., Ltd.................................... 2.22
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to interested parties within five days of the date
of publication of this notice.\7\ Interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice.\8\ Rebuttal briefs, limited to issues raised in case briefs,
may be filed no later than seven days after the date for filing case
briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days after the date
of publication of this notice. Hearing requests should contain the
party's name, address, and telephone number, and 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
[[Page 69118]]
is made, Commerce will inform parties of the time and date for the
hearing.\10\
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\10\ See 19 CFR 351.310(d).
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All briefs and hearing requests must be filed electronically using
ACCESS and received successfully in their entirety by 5:00 p.m. Eastern
Time on the due date. Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\11\
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\11\ See Temporary Rule.
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Unless the deadline is extended, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h)(2), 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 any written briefs,
no later than 120 days after the date of publication of these
preliminary results.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by this review.\12\ If the
weighted-average dumping margin for an individually examined respondent
is not zero or de minimis (i.e., less than 0.50 percent) in the final
results of this review, we will calculate importer-specific ad valorem
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of such sales in accordance with 19 CFR
351.212(b)(1).\13\ For any individually examined respondent whose
weighted-average dumping margin is zero or de minimis in the final
results of review, or if an importer-specific assessment rate is zero
or de minimis, Commerce will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\14\
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\12\ See 19 CFR 351.212(b)(1).
\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\14\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Hyundai or POSCO for
which the reviewed companies did not know that the merchandise they
sold to the intermediary (i.e., a reseller, trading company, or
exporter) was destined for the United States.\15\ In such instances, we
will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.\16\
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\15\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\16\ See Order.
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For Dongbu, the company that was not selected for individual
examination, we intend to assign an assessment rate based on the
weighted average of the cash deposit rates calculated for Hyundai and
POSCO, excluding any which are zero, de minimis, or determined entirely
on the basis of facts available.\17\
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\17\ See section 735(c)(5)(A) of the Act.
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The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future cash
deposits of estimated antidumping duties, where applicable.\18\
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
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\18\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication in the Federal Register of final results of this
administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for the companies listed above will be equal
to the weighted-average dumping margin established in the final results
of this administrative review, except if the rate is less than 0.50
percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously investigated or reviewed companies not covered in this
review, the cash deposit rate will continue to be the company-specific
cash deposit rate published for the most recently completed segment of
this proceeding in which the company participated; (3) if the exporter
is not a firm covered in this review, a prior review, or the LTFV
investigation, but the manufacturer is, then the cash deposit rate will
be the rate established for the most recent segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 20.33 percent, the
all-others rate established in the LTFV investigation.\19\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\19\ See Order.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
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
351.221(b)(4).
Dated: September 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-22200 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P