Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review, 2021, 76178-76180 [2023-24475]
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76178
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).15
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.16
Hearing requests should contain: (1) the
party’s name, address, and telephone
number; (2) the number of participants:
and (3) a list of the issues to be
discussed. Oral presentations at the
hearing will be limited to issues raised
in the case and rebuttal briefs.17 Parties
are reminded that 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. If a
request for a hearing is made, parties
will be notified of the time and date for
the hearing.18
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not 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).
Notification to Importers
ddrumheller on DSK120RN23PROD with NOTICES1
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
15 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310.
18 See 19 CFR 351.310(d).
17:53 Nov 03, 2023
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
List of Companies Not Selected for
Individual Examination
1. Balkrishna Steel Forge Pvt. Ltd.
2. BFN Forgings Private Limited; Bebitz
Flanges Works Private Limited;
Fanschen werk Bebitz GmbH; Viraj
Alloys, Ltd.; Viraj Forgings, Ltd.; Viraj
Impoexpo, Ltd.; and Viraj Profiles
Limited 19
3. Echjay Forgings Private Limited
4. Fivebros Forging Pvt Ltd.20
5. Goodluck India Limited
6. Hilton Metal Forging Limited
7. Jai Auto Pvt. Ltd.
8. Jay Jagdamba Forgings Pvt Ltd
9. Jay Jagdamba Ltd
10. Jay Jagdamba Profile Pvt Ltd
11. Pradeep Metals Limited
12. Shree Jay Jagdamba Flanges Pvt. Ltd.
[FR Doc. 2023–24496 Filed 11–3–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
This notice also serves as a 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 POR. 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 doubled
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of countervailing duties.
VerDate Sep<11>2014
Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Jkt 262001
[C–580–884]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review, 2021
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain producers/
exporters of certain hot-rolled steel flat
products (hot-rolled steel) from the
Republic of Korea (Korea) received
countervailable subsidies during the
period of review (POR) January 1, 2021,
through December 31, 2021.
AGENCY:
19 Commerce has previously found BFN Forgings
Private Limited to be part of a collapsed entity. See,
e.g., Stainless Steel Flanges from India: Final
Affirmative Determination of Sales at Less Than
Fair Value and Final Affirmative Critical
Circumstance Determination, 83 FR 40745 (August
16, 2018). The companies which are part of this
collapsed entity are listed above.
20 We incorrectly listed this company as
‘‘Fivebros Pvt Ltd.’’ in the Initiation Notice. See
Initiation Notice, 87 FR at 74406.
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Sfmt 4703
Additionally, Commerce is rescinding
this review with respect to 13
companies. We invite interested parties
to comment on these preliminary
results.
DATES:
Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Nathan James or Kelsie Hohenberger,
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) 482–5305 or
(202) 482–2517, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 5, 2022, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty order on hot-rolled
steel from Korea.1 On January 4, 2023,
Commerce selected Hyundai Steel
Company (Hyundai Steel) and POSCO
as mandatory respondents in this
administrative review.2 On June 15,
2023, Commerce extended the deadline
for the preliminary results of this review
to no later than October 31, 2023.3
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as an
appendix 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.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
74404 (December 5, 2022); see also Certain HotRolled Steel Flat Products from Brazil and the
Republic of Korea: Amended Final Affirmative
Countervailing Duty Determinations and
Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
2 See Memorandum, ‘‘Respondent Selection,’’
dated January 4, 2023.
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated June 15, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Certain Hot-Rolled Steel
Flat Products from the Republic of Korea; 2021,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
Scope of the Order
The merchandise covered by the
Order is hot-rolled steel from Korea. 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 the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
a timely-filed withdrawal request from
the petitioners with respect to 13
companies.5 Because the withdrawal
request was timely filed, and no other
party requested a review of these
companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review with respect to the following
companies: (1) DCE Inc; (2) Dong Chuel
America Inc.; (3) Dong Chuel Industrial
Co., Ltd.; (4) Dongbu Incheon Steel Co.,
Ltd.; (5) Dongbu Steel Co., Ltd.; (6)
Dongkuk Industries Co., Ltd.; (7)
Dongkuk Steel Mill Co., Ltd.; (8)
Hyewon Sni Corporation (H.S.I.); (9) JFE
Shoji Trade Korea Ltd.; (10) POSCO
Coated & Color Steel Co., Ltd.; (11)
POSCO Daewoo Corporation; (12) Soon
Hong Trading Co., Ltd.; and (13) SungA Steel Co., Ltd.6
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a financial contribution
from an authority that gives rise to a
benefit to the recipient, and that the
subsidy is specific.7 For a full
description of the methodology
underlying our conclusions, see the
accompanying Preliminary Decision
Memorandum.
ddrumheller on DSK120RN23PROD with NOTICES1
Preliminary Results of Review
As a result of this review, we
preliminarily determine the net
countervailable subsidy rates exist for
the period, January 1, 2021, through
December 31, 2021:
5 The petitioners are: Cleveland-Cliffs Inc.; Nucor
Corporation; SSAB Enterprises, LLC; Steel
Dynamics; Inc.; and United States Steel
Corporation.
6 See Petitioners’ Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated March
6, 2023.
7 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.
VerDate Sep<11>2014
17:53 Nov 03, 2023
Jkt 262001
Subsidy rate
(percent
ad valorem)
Producer/exporter
Hyundai Steel Company 8 ....
POSCO 9 ...............................
0.78
0.88
Disclosure and Public Comment
We intend to disclose to interested
parties the calculations performed for
these preliminary results within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b).
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 five days after
the date for case briefs.10 Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties
who submit case briefs or rebuttal briefs
in this review are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
All briefs must be filed electronically
using Enforcement and Compliance’s
ACCESS system. Note that Commerce
has amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
8 Hyundai Steel Company is also known as
‘‘Hyundai Steel Co., Ltd.’’ As discussed in the
Preliminary Decision Memorandum, Commerce has
found the following companies to be cross-owned
with Hyundai Steel: Hyundai Green Power Co. Ltd.;
and Hyundai ITC.
9 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with POSCO: Pohang
Scrap Recycling Distribution Center Co. Ltd.;
POSCO Chemical; POSCO M-Tech; POSCO Nippon
Steel RHF Joint Venture Co., Ltd.; POSCO Steel
Processing and Service; and POSCO Terminal. The
POSCO subsidy rate applies to all cross-owned
companies. We note that POSCO has an affiliated
trading company through which it exported certain
subject merchandise, i.e., POSCO International
Corporation (POSCO International). POSCO
International was not selected as a mandatory
respondent, but was examined in the context of
POSCO. Therefore, there is not an individuallyestablished rate for POSCO International; POSCO
International’s subsidies are accounted for in terms
of POSCO’s total subsidy rate. Entries of subject
merchandise exported by POSCO International will
receive the rate of the producer listed on the entry
form with U.S. Customs and Border Protection
(CBP). 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.
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
11 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
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76179
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. Requests should contain: (1) the
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of the issues to be
discussed. If a request for a hearing is
made, Commerce intends to hold the
hearing at a time and date to be
determined. Parties should confirm the
date and time of the hearing two days
before the scheduled date.
Final Results of Review
Unless the deadline is extended, we
intend to issue the final results of this
administrative review, which will
include the results of our analysis of the
issues raised in the case briefs, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Assessment Rates
Pursuant to 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 of subject merchandise in
accordance with the final results of 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 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).
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
companies listed above on shipments of
E:\FR\FM\06NON1.SGM
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76180
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative 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 at the most recent
company-specific or all-others rate
applicable to the company. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(d)(4) and 19 CFR
351.221(b)(4).
Dated: October 31, 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. Period of Review
IV. Partial Rescission of Administrative
Review
V. Scope of the Order
VI. Diversification of Korea’s Economy
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023–24475 Filed 11–3–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–153]
Certain Paper Shopping Bags From the
People’s Republic of China:
Preliminary Affirmative Determination
of Countervailable Subsidies,
Preliminary Affirmative Determination
of Critical Circumstances, and
Alignment of Final Determination With
Final Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain paper
shopping bags (paper bags) from the
People’s Republic of China (China). The
period of investigation (POI) is January
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
17:53 Nov 03, 2023
Jkt 262001
1, 2022, through December 31, 2022.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT: Seth
Brown, 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) 482–0029.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this countervailing
duty (CVD) investigation on June 26,
2023.1 On August 7, 2023, Commerce
postponed the preliminary
determination until October 30, 2023.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II 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 Investigation
The products covered by this
investigation are paper bags from China.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
1 See
Certain Paper Shopping Bags from India
and the People’s Republic of China: Initiation of
Countervailing Duty Investigations, 88 FR 41380
(June 26, 2023) (Initiation Notice).
2 See Certain Paper Shopping Bags from the
People’s Republic of China and India:
Postponement of Preliminary Determinations in the
Countervailing Duty Investigations, 88 FR 52122
(August 7, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
Preliminary Affirmative Determination of the
Countervailing Duty Investigation of Certain Paper
Shopping Bags from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
PO 00000
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Fmt 4703
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Notice set aside a period of time for
parties to raise issues regarding product
coverage (scope).5 We received
comments from interested parties
commented on the scope of the
concurrent antidumping duty (AD) and
CVD investigations as it appeared in the
Initiation Notice, which are listed in the
Preliminary Decision Memorandum.6
We are currently evaluating the scope
comments filed by interested parties
and intend to issue our preliminary
decision regarding the scope of the AD
and CVD investigations prior to or
concurrently with the AD preliminary
determinations. We will incorporate the
scope decisions from the AD
investigations into the scope of the final
CVD determination for this
investigation, after considering any
relevant comments submitted in scope
case and rebuttal briefs.7
Preliminary Affirmative Determination
of Critical Circumstances
In accordance with section 703(e)(1)
of the Act, we preliminarily find that
critical circumstances exist with respect
to imports of subject merchandise for
Dongzheng Paper Bag (Dalian) Factory
(Dongzheng), Fujian Nanwang
Environment Protection Scien-tech Co.,
Ltd. (Fujian Nanwan) the nonresponsive companies,8 and all other
producers and/or exporters. For a full
discussion of our preliminary critical
circumstances determination, see the
‘‘Critical Circumstances’’ section of the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
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.9
Commerce notes that, in making these
findings, it relied, in part, on facts
5 See
Initiation Notice, 88 FR at 41380.
Preliminary Decision Memorandum at 2–3.
7 The deadline for interested parties to submit
scope case and rebuttal briefs will be established in
the preliminary scope decision memorandum.
8 The non-responsive companies are: (1) Bagitan
Packaging; (2) Changzhou Anjucheng; (3) Courage
Packaging; (4) Evertrust Packaging; (5) Geotegrity
EcoPack; (6) GrandIntelligent; (7) Li & Fung; (8)
Qindao Chenyu Packaging Co., Ltd.; (9) Shanghai
Macolink Supply Chain Management Co., Ltd.; (10)
Shanghai Sanxi Paper Co., Ltd.; (11) Xiamen C&D
Pulp & Paper Co., Ltd.; (12) Xiamen Champion
FMCG; (13) Xiamen New Idea Packaging Co., Ltd.;
and (14) Xiamen Wonderful Bag Import and Export
Co., Ltd.
9 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.
6 See
E:\FR\FM\06NON1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76178-76180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24475]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results and Partial Rescission of Countervailing
Duty Administrative Review, 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/exporters of certain hot-rolled steel
flat products (hot-rolled steel) from the Republic of Korea (Korea)
received countervailable subsidies during the period of review (POR)
January 1, 2021, through December 31, 2021. Additionally, Commerce is
rescinding this review with respect to 13 companies. We invite
interested parties to comment on these preliminary results.
DATES: Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT: Nathan James or Kelsie Hohenberger,
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) 482-5305 or (202)
482-2517, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 5, 2022, Commerce published a notice of initiation of
an administrative review of the countervailing duty order on hot-rolled
steel from Korea.\1\ On January 4, 2023, Commerce selected Hyundai
Steel Company (Hyundai Steel) and POSCO as mandatory respondents in
this administrative review.\2\ On June 15, 2023, Commerce extended the
deadline for the preliminary results of this review to no later than
October 31, 2023.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 74404 (December 5, 2022); see also
Certain Hot-Rolled Steel Flat Products from Brazil and the Republic
of Korea: Amended Final Affirmative Countervailing Duty
Determinations and Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
\2\ See Memorandum, ``Respondent Selection,'' dated January 4,
2023.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated June
15, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Certain
Hot-Rolled Steel Flat Products from the Republic of Korea; 2021,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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[[Page 76179]]
Scope of the Order
The merchandise covered by the Order is hot-rolled steel from
Korea. 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 the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from the petitioners with respect to 13
companies.\5\ Because the withdrawal request was timely filed, and no
other party requested a review of these companies, in accordance with
19 CFR 351.213(d)(1), Commerce is rescinding this review with respect
to the following companies: (1) DCE Inc; (2) Dong Chuel America Inc.;
(3) Dong Chuel Industrial Co., Ltd.; (4) Dongbu Incheon Steel Co.,
Ltd.; (5) Dongbu Steel Co., Ltd.; (6) Dongkuk Industries Co., Ltd.; (7)
Dongkuk Steel Mill Co., Ltd.; (8) Hyewon Sni Corporation (H.S.I.); (9)
JFE Shoji Trade Korea Ltd.; (10) POSCO Coated & Color Steel Co., Ltd.;
(11) POSCO Daewoo Corporation; (12) Soon Hong Trading Co., Ltd.; and
(13) Sung-A Steel Co., Ltd.\6\
---------------------------------------------------------------------------
\5\ The petitioners are: Cleveland-Cliffs Inc.; Nucor
Corporation; SSAB Enterprises, LLC; Steel Dynamics; Inc.; and United
States Steel Corporation.
\6\ See Petitioners' Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated March 6, 2023.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a financial contribution from
an authority that gives rise to a benefit to the recipient, and that
the subsidy is specific.\7\ For a full description of the methodology
underlying our conclusions, see the accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\7\ 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
As a result of this review, we preliminarily determine the net
countervailable subsidy rates exist for the period, January 1, 2021,
through December 31, 2021:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
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Hyundai Steel Company \8\............................... 0.78
POSCO \9\............................................... 0.88
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Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
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\8\ Hyundai Steel Company is also known as ``Hyundai Steel Co.,
Ltd.'' As discussed in the Preliminary Decision Memorandum, Commerce
has found the following companies to be cross-owned with Hyundai
Steel: Hyundai Green Power Co. Ltd.; and Hyundai ITC.
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
POSCO: Pohang Scrap Recycling Distribution Center Co. Ltd.; POSCO
Chemical; POSCO M-Tech; POSCO Nippon Steel RHF Joint Venture Co.,
Ltd.; POSCO Steel Processing and Service; and POSCO Terminal. The
POSCO subsidy rate applies to all cross-owned companies. We note
that POSCO has an affiliated trading company through which it
exported certain subject merchandise, i.e., POSCO International
Corporation (POSCO International). POSCO International was not
selected as a mandatory respondent, but was examined in the context
of POSCO. Therefore, there is not an individually-established rate
for POSCO International; POSCO International's subsidies are
accounted for in terms of POSCO's total subsidy rate. Entries of
subject merchandise exported by POSCO International will receive the
rate of the producer listed on the entry form with U.S. Customs and
Border Protection (CBP). 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.
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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 five days after the date for
case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties
who submit case briefs or rebuttal briefs in this review are encouraged
to submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. All briefs
must be filed electronically using Enforcement and Compliance's ACCESS
system. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\11\
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\11\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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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. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed. If a request for a
hearing is made, Commerce intends to hold the hearing at a time and
date to be determined. Parties should confirm the date and time of the
hearing two days before the scheduled date.
Final Results of Review
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Assessment Rates
Pursuant to 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 of
subject merchandise in accordance with the final results of 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 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).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends,
upon publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
each of the companies listed above on shipments of
[[Page 76180]]
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this administrative 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 at the most recent company-specific or all-others rate
applicable to the company. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4)
and 19 CFR 351.221(b)(4).
Dated: October 31, 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. Period of Review
IV. Partial Rescission of Administrative Review
V. Scope of the Order
VI. Diversification of Korea's Economy
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023-24475 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P
