Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2021-2022, 86113-86115 [2023-27246]
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Notices
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).
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to interested parties within five days
after the date of publication of this
notice.12 Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of these
preliminary results of review.13 Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.14 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.15
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.16 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).17
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, filed electronically via
12 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
14 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Final Service Rule).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
17 See APO and Final Service Rule.
ddrumheller on DSK120RN23PROD with NOTICES1
13 See
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Jkt 262001
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.
Unless 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).
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
with sections 751(a) and 777(i)(1) of the
Act, 19 CFR 351.213 and 19 CFR
351.221(b)(4).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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. Partial Rescission of Administrative
Review
V. Diversification of China’s Economy
VI. Use of Faces Otherwise Available and
Application of Adverse Inferences
VII. Subsidies Valuation Information
VIII. Interest Rate, Discount Rate, Input, and
Electricity Benchmarks
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies Rescinded From Review
1. Dalian Yonghseng Metal Structure Co.,
Ltd. d/b/a DYM Brewing Solutions
2. Equipmentimes (Dalian) E-Commerce Co.,
Ltd.
3. Guangzhou Jingye Machinery Co., Ltd.
4. Jinan Chenji International Trade Co., Ltd.
5. Jinan Chenji Machinery Equipment Co.,
Ltd.
6. Jinan HaoLu Machinery Equipment Co.,
Ltd.
7. Jinjiang Jiaxing Import and Export Co., Ltd.
8. NDL Keg Qingdao Inc.
9. Ningbo All In Brew Technology Co.
10. Ningbo Bestfriends Beverage Containers
Industry Co., Ltd.
11. Ningbo Chance International Trade Co.,
Ltd
12. Ningbo Direct Import & Export Co., Ltd.
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86113
13. Ningbo Haishu Direct Import and Export
Trade Co., Ltd.
14. Ningbo Haishu Xiangsheng Metal Factory
15. Ningbo Hefeng Container Manufacturer
Co., Ltd.
16. Ningbo Hefeng Kitchen Utensils
Manufacture Co., Ltd.
17. Ningbo HGM Food Machinery Co., Ltd.
18. Ningbo Jiangbei Bei Fu Industry and
Trade Co., Ltd.
19. Ningbo Kegco International Trade Co.,
Ltd.
20. Ningbo Kegstorm Stainless Steel Co., Ltd.
21. Ningbo Minke Import & Export Co., Ltd.
22. Ningbo Sanfino Import & Export Co., Ltd.
23. Ningbo Shimaotong International Co.,
Ltd.
24. Ningbo Sunburst International Trading
Co., Ltd.
25. Orient Equipment (Taizhou) Co., Ltd.
26. Penglai Jinfu Stainless Steel Products
27. Pera Industry Shanghai Co., Ltd.
28. Qingdao Henka Precision Technology
Co., Ltd.
29. Qingdao Xinhe Precision Manufacturing
Co., Ltd.
30. Rain Star International Trading Dalian
Co., Ltd.
31. Shandong Meto Beer Equipment Co., Ltd.
32. Shandong Tiantai Beer Equipment Co.,
Ltd.
33. Shandong Tonsen Equipment Co., Ltd.
34. Shandong Yuesheng Beer Equipment Co.,
Ltd.
35. Shenzhen Wellbom Technology Co., Ltd.
36. Sino Dragon Group, Ltd.
37. Wenzhou Deli Machinery Equipment Co.
38. Wuxi Taihu Lamps and Lanterns Co., Ltd.
39. Yantai Toptech Ltd.
40. Yantai Trano New Material Co., Ltd.,
d/b/a Trano Keg, d/b/a SS Keg
[FR Doc. 2023–27173 Filed 12–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–878]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Final 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) determines that
Dongkuk Coated Metal Co., Ltd.
(Dongkuk) and certain companies not
selected for individual examination
made sales of subject merchandise in
the United States at prices below normal
value (NV) during the period of review
(POR) July 1, 2021, through June 30,
2022. In addition, Commerce
determines that Hyundai Steel Company
(Hyundai) did not make sales of subject
merchandise in the United States at
prices below NV during the POR.
DATES: Applicable December 12, 2023.
AGENCY:
E:\FR\FM\12DEN1.SGM
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86114
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Notices
FOR FURTHER INFORMATION CONTACT:
Jaron Moore or William Horn, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3640 or (202) 482–4868,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 27, 2023, Commerce
published the Preliminary Results of the
2021–2022 administrative review of the
antidumping duty order on certain
corrosion-resistant steel products
(CORE) from the Republic of Korea
(Korea) and invited interested parties to
comment.1 The administrative review
covers eight exporters and/or producers
of the subject merchandise,2 of which
we selected Dongkuk and Hyundai as
mandatory respondents.3 For a
summary of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.4
Commerce conducted this review in
accordance with section 751(a)(1)(B) of
the Tariff Act of 1930, as amended (the
Act).
Scope of the Order 5
The merchandise covered by this
Order is CORE from Korea. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
ddrumheller on DSK120RN23PROD with NOTICES1
Analysis of Comments Received
All issues raised by parties in the case
and rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues addressed in the Issues
and Decision Memorandum is in the
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
1 See Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review, 2021–
2022, 88 FR 48433 (July 27, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
54468 (September 6, 2022) (Initiation Notice).
3 See Preliminary Results, 88 FR at 48433.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2021–
2022 Antidumping Duty Administrative Review:
Certain Corrosion-Resistant Steel Products from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
5 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016) (Order).
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18:03 Dec 11, 2023
Jkt 262001
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 Issues and Decision
Memorandum can be accessed directly
at https://access.trade/gov/public/
FRNoticesListLayout.aspx.
average dumping margin calculated for
Dongkuk.
Final Results of Review
We determine that the following
weighted-average dumping margins
exist for the period July 1, 2021, through
June 30, 2022:
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
preliminary weighted-average dumping
margin calculations for Dongkuk,6 as
well as the preliminary weightedaverage dumping margin assigned to the
companies not selected for individual
examination.
Rates for Companies Not Selected for
Individual Examination
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
individual companies not selected for
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 an investigation, for
guidance when calculating the rate for
companies which we did not
individually examine in an
administrative review. Section
735(c)(5)(A) of the Act establishes a
preference to avoid using rates which
are zero, de minimis, or based entirely
on facts available (FA) in calculating an
all-others rate. Accordingly,
Commerce’s practice in administrative
reviews has been to average the
weighted-average dumping margins for
the companies selected for individual
examination in the administrative
review, excluding rates that are zero, de
minimis, or based entirely on FA.7 For
these final results of review, we
calculated a zero weighted-average
dumping margin for Hyundai and a
weighted-average dumping margin for
Dongkuk that is not zero, de minimis, or
based entirely on FA. Therefore,
consistent with our practice, we have
assigned the companies not selected for
individual examination the weighted6 See Issues and Decision Memorandum at
Comments 1 and 2.
7 See, e.g., Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews and Rescission of Reviews
in Part, 73 FR 52823, 52824 (September 11, 2008),
and accompanying Issues and Decision
Memorandum at Comment 16.
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Sfmt 4703
Exporter/producer
Dongkuk Coated Metal Co., Ltd 8
Hyundai Steel Company .............
KG Dongbu Steel Co., Ltd .........
POSCO .......................................
POSCO International Corporation ..........................................
POSCO STEELEON Co., Ltd ....
SeAH Coated Metal ....................
SeAH Steel Corporation .............
Weightedaverage
dumping
margin
(percent)
0.53
0.00
0.53
0.53
0.53
0.53
0.53
0.53
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with the final
results within five days of the date of
publication of the notice of final results
in the Federal Register, in accordance
with 19 CFR 351.224(b).
Assessment Rates
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries in accordance with
section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Pursuant to 19 CFR
351.212(b)(1), because Dongkuk’s final
margin is not zero or de minimis (i.e.,
less than 0.5 percent) and Dongkuk
reported the entered value of its U.S.
sales, we calculated importer-specific
ad valorem duty assessment rates based
on the ratio of the total amount of
dumping calculated for the examined
sales to the total entered value of those
sales. Where an importer-specific
assessment rate is de minimis, the
entries by that importer will be
liquidated without regard to
antidumping duties. Because the final
weighted-average dumping margin for
Hyundai Steel Company is zero percent,
we intend to instruct CBP to liquidate
8 Commerce initiated this review on Dongkuk
Steel Mill Co., Ltd. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews,
87 FR 54468 (September 6, 2022); however,
Commerce recently concluded a changed
circumstances review for Dongkuk Steel Mill Co.,
Ltd. finding that Dongkuk Coated Metal Co., Ltd. is
its successor-in-interest moving forward. See
Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Final Results of Antidumping
Duty Changed Circumstances Review 88 FR 78723,
dated November 16, 2023.
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Notices
the appropriate entries without regard to
antidumping duties.9
Consistent with Commerce’s
clarification of its assessment practice,
for entries of subject merchandise
during the POR produced by the abovereferenced mandatory respondents for
which they did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate in the original less-than-fair-value
(LTFV) investigation (as amended) 10 if
there is no rate for the intermediate
company(ies) involved in the
transaction.11
For the non-individually examined
companies, we will instruct CBP to
liquidate all applicable entries of subject
merchandise during the POR at the rate
listed in the table above.
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).
The final results of this 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 deposits of
estimated duties, where applicable.12
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of CORE from Korea entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication of the final results as
provided by section 751(a)(2) of the Act:
(1) the cash deposit rate for each
specific company listed above will be
equal to the weighted-average dumping
margin established in the final results of
the review; (2) for merchandise exported
by producers or exporters not covered in
this review but covered in a prior
9 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012).
10 See Order; see also Certain Corrosion-Resistant
Steel Products from the Republic of Korea: Notice
of Court Decision Not in Harmony with Final
Determination of Investigation and Notice of
Amended Final Results, 83 FR 39054 (August 8,
2018) (Timken and Amended Final Results).
11 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
12 See section 751(a)(2)(C) of the Act.
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86115
completed segment of the proceeding,
the cash deposit rate will continue to be
the company-specific rate established in
the completed segment for the most
recent period; (3) if the exporter is not
a firm covered in this review or the
original LTFV investigation, but the
producer is, then the cash deposit rate
will be the rate established in the
completed segment for the most recent
period for the producer of the
merchandise; (4) the cash deposit rate
for all other producers or exporters will
continue to be 8.31 percent, the allothers rate established in the LTFV
investigation (as amended) in this
proceeding.13 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Dated: December 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Notification to Importers
BILLING CODE 3510–DS–P
This notice serves as a final 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 double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
13 See Order, as amended by Timken and
Amended Final Results.
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Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Correct Dongkuk’s
General and Administrative and Interest
Expense Calculations
Comment 2: Whether Commerce Correctly
Matched Dongkuk’s Home Market and
U.S. Sales by Manufacturer
VI. Recommendation
[FR Doc. 2023–27246 Filed 12–11–23; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Steel Import License
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on October 6,
2023, during a 60-day comment period.
This notice allows for an additional 30
days for public comments.
Agency: International Trade
Administration, Department of
Commerce.
Title: Aluminum Import License.
OMB Control Number: 0625–0279.
Form Number(s): ITA–4142a (regular
license); ITA–4142b (low-value license).
Type of Request: Regular submission.
Extension of a currently approved
information collection.
Number of Respondents: 4,000.
Average Hours per Response: Less
than 10.5 minutes.
Burden Hours: 35,633 hours,
including 525 burden hours for lowvalue licenses.
Needs and Uses: In order to monitor
aluminum imports in real-time and to
E:\FR\FM\12DEN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86113-86115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27246]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Final 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) determines that
Dongkuk Coated Metal Co., Ltd. (Dongkuk) and certain companies not
selected for individual examination made sales of subject merchandise
in the United States at prices below normal value (NV) during the
period of review (POR) July 1, 2021, through June 30, 2022. In
addition, Commerce determines that Hyundai Steel Company (Hyundai) did
not make sales of subject merchandise in the United States at prices
below NV during the POR.
DATES: Applicable December 12, 2023.
[[Page 86114]]
FOR FURTHER INFORMATION CONTACT: Jaron Moore or William Horn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3640 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 27, 2023, Commerce published the Preliminary Results of the
2021-2022 administrative review of the antidumping duty order on
certain corrosion-resistant steel products (CORE) from the Republic of
Korea (Korea) and invited interested parties to comment.\1\ The
administrative review covers eight exporters and/or producers of the
subject merchandise,\2\ of which we selected Dongkuk and Hyundai as
mandatory respondents.\3\ For a summary of the events that occurred
since the Preliminary Results, see the Issues and Decision
Memorandum.\4\ Commerce conducted this review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review, 2021-2022, 88 FR 48433 (July 27, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54468 (September 6, 2022) (Initiation
Notice).
\3\ See Preliminary Results, 88 FR at 48433.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Antidumping Duty Administrative
Review: Certain Corrosion-Resistant Steel Products from the Republic
of Korea,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016) (Order).
---------------------------------------------------------------------------
The merchandise covered by this Order is CORE from Korea. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by parties in the case and rebuttal briefs are
addressed in the Issues and Decision Memorandum. A list of the issues
addressed in the Issues and Decision Memorandum is in the appendix to
this notice. The Issues and 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 Issues and
Decision Memorandum can be accessed directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margin calculations
for Dongkuk,\6\ as well as the preliminary weighted-average dumping
margin assigned to the companies not selected for individual
examination.
---------------------------------------------------------------------------
\6\ See Issues and Decision Memorandum at Comments 1 and 2.
---------------------------------------------------------------------------
Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for 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 an
investigation, for guidance when calculating the rate for companies
which we did not individually examine in an administrative review.
Section 735(c)(5)(A) of the Act establishes a preference to avoid using
rates which are zero, de minimis, or based entirely on facts available
(FA) in calculating an all-others rate. Accordingly, Commerce's
practice in administrative reviews has been to average the weighted-
average dumping margins for the companies selected for individual
examination in the administrative review, excluding rates that are
zero, de minimis, or based entirely on FA.\7\ For these final results
of review, we calculated a zero weighted-average dumping margin for
Hyundai and a weighted-average dumping margin for Dongkuk that is not
zero, de minimis, or based entirely on FA. Therefore, consistent with
our practice, we have assigned the companies not selected for
individual examination the weighted-average dumping margin calculated
for Dongkuk.
---------------------------------------------------------------------------
\7\ See, e.g., Ball Bearings and Parts Thereof from France,
Germany, Italy, Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews and Rescission of Reviews in
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying
Issues and Decision Memorandum at Comment 16.
---------------------------------------------------------------------------
Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period July 1, 2021, through June 30, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Dongkuk Coated Metal Co., Ltd \8\........................... 0.53
Hyundai Steel Company....................................... 0.00
KG Dongbu Steel Co., Ltd.................................... 0.53
POSCO....................................................... 0.53
POSCO International Corporation............................. 0.53
POSCO STEELEON Co., Ltd..................................... 0.53
SeAH Coated Metal........................................... 0.53
SeAH Steel Corporation...................................... 0.53
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Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with the final results within five days of the
date of publication of the notice of final results in the Federal
Register, in accordance with 19 CFR 351.224(b).
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\8\ Commerce initiated this review on Dongkuk Steel Mill Co.,
Ltd. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 54468 (September 6, 2022); however,
Commerce recently concluded a changed circumstances review for
Dongkuk Steel Mill Co., Ltd. finding that Dongkuk Coated Metal Co.,
Ltd. is its successor-in-interest moving forward. See Certain
Corrosion-Resistant Steel Products from the Republic of Korea: Final
Results of Antidumping Duty Changed Circumstances Review 88 FR
78723, dated November 16, 2023.
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Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
Pursuant to 19 CFR 351.212(b)(1), because Dongkuk's final margin is not
zero or de minimis (i.e., less than 0.5 percent) and Dongkuk reported
the entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
those sales. Where an importer-specific assessment rate is de minimis,
the entries by that importer will be liquidated without regard to
antidumping duties. Because the final weighted-average dumping margin
for Hyundai Steel Company is zero percent, we intend to instruct CBP to
liquidate
[[Page 86115]]
the appropriate entries without regard to antidumping duties.\9\
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\9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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Consistent with Commerce's clarification of its assessment
practice, for entries of subject merchandise during the POR produced by
the above-referenced mandatory respondents for which they did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate those entries at the all-others rate in the
original less-than-fair-value (LTFV) investigation (as amended) \10\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\11\
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\10\ See Order; see also Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Notice of Court Decision Not in
Harmony with Final Determination of Investigation and Notice of
Amended Final Results, 83 FR 39054 (August 8, 2018) (Timken and
Amended Final Results).
\11\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the non-individually examined companies, we will instruct CBP
to liquidate all applicable entries of subject merchandise during the
POR at the rate listed in the table above.
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).
The final results of this 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 deposits of estimated
duties, where applicable.\12\
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\12\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of CORE from Korea entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results as
provided by section 751(a)(2) of the Act: (1) the cash deposit rate for
each specific company listed above will be equal to the weighted-
average dumping margin established in the final results of the review;
(2) for merchandise exported by producers or exporters not covered in
this review but covered in a prior completed segment of the proceeding,
the cash deposit rate will continue to be the company-specific rate
established in the completed segment for the most recent period; (3) if
the exporter is not a firm covered in this review or the original LTFV
investigation, but the producer is, then the cash deposit rate will be
the rate established in the completed segment for the most recent
period for the producer of the merchandise; (4) the cash deposit rate
for all other producers or exporters will continue to be 8.31 percent,
the all-others rate established in the LTFV investigation (as amended)
in this proceeding.\13\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\13\ See Order, as amended by Timken and Amended Final Results.
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Notification to Importers
This notice serves as a final 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 double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Correct Dongkuk's General and
Administrative and Interest Expense Calculations
Comment 2: Whether Commerce Correctly Matched Dongkuk's Home
Market and U.S. Sales by Manufacturer
VI. Recommendation
[FR Doc. 2023-27246 Filed 12-11-23; 8:45 am]
BILLING CODE 3510-DS-P
