Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2021, 86318-86320 [2023-27354]

Download as PDF 86318 Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Notices total entered value of those sales. Where an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.7 For entries of subject merchandise during the POR produced by Evraz for which it did not know its merchandise was destined for the United States, we intend to instruct CBP to liquidate such entries at the all-others rate (i.e., 12.32 percent) 8 if there is no rate for the intermediate company(ies) involved in the transaction.9 For the companies which were not selected for individual examination, we will instruct CBP to assess antidumping duties at a rate equal to the weightedaverage dumping margin determined for the non-examined companies in the final results of review.10 For the companies with no shipments, i.e., Forterra, Hyprescon, and Canam, any suspended entries made under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. Cash Deposit Requirements khammond on DSKJM1Z7X2PROD with NOTICES The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review as provided by section 751(a)(2)(C) of the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 the review; (2) for subject merchandise exported by a company 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 published in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review or the lessthan-fair-value (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 subject merchandise; (4) the cash deposit rate for all other producers or exporters will 7 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). 8 See Order, 84 FR at 18775–76. 9 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 10 See section 751(a)(2)(C) of the Act. VerDate Sep<11>2014 16:54 Dec 12, 2023 Jkt 262001 continue to be 12.32 percent ad valorem, the all-others rate established in the LTFV investigation.11 These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 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 occurred and the subsequent assessment of double antidumping 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. Appendix II Review-Specific Average Rate Applicable to Companies Not Selected for Individual Examination 1. Acier Profile SBB Inc. 2. Aciers Lague Steels Inc. 3. Amdor Inc. 4. BPC Services Group 5. Bri-Steel Manufacturing 6. Canada Culvert. 7. Cappco Tubular Products Canada Inc. 8. CFI Metal Inc. 9. Dominion Pipe & Piling 10. Enduro Canada Pipeline Services 11. Fi Oilfield Services Canada 12. Gchem Ltd. 13. Graham Construction 14. Groupe Fordia Inc. 15. Grupo Fordia Inc. 16. Hodgson Custom Rolling 17. Interpipe Inc. 18. K K Recycling Services 19. Kobelt Manufacturing Co. 20. Labrie Environment 21. Les Aciers Sofatec 22. Lorenz Conveying P 23. Lorenz Conveying Products 24. Matrix Manufacturing 25. MBI Produits De Forge 26. Nor Arc 27. Peak Drilling Ltd. 28. Pipe & Piling Sply Ltd. 29. Pipe & Piling Supplies 30. Prudental 31. Prudential 32. Shaw Pipe Protecction 33. Shaw Pipe Protection 34. Tenaris Algoma Tubes Facility 35. Tenaris Prudential 36. Welded Tube of Can Ltd. [FR Doc. 2023–27356 Filed 12–12–23; 8:45 am] BILLING CODE 3510–DS–P 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). DEPARTMENT OF COMMERCE Dated: December 1, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. Certain Carbon and Alloy Steel Cut-toLength Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2021 Appendix I AGENCY: 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: Adjustments to Evraz’s General and Administrative (G&A) Expense Calculation Comment 2: Treatment of Materials as CoProducts in Evraz’s Scrap Adjustment Comment 3: Correction of Clerical Errors Generated from Missing Values VI. Recommendation 11 See PO 00000 Order, 84 FR at 18768. Frm 00004 Fmt 4703 Sfmt 4703 International Trade Administration [C–580–888] Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to POSCO, a producer and exporter of certain carbon and alloy steel cut-tolength plate (CTL plate) from the Republic of Korea (Korea), during the period of review (POR) from January 1, 2021, through December 31, 2021. DATES: Applicable December 13, 2023. FOR FURTHER INFORMATION CONTACT: Faris Montgomery, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade E:\FR\FM\13DEN1.SGM 13DEN1 Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Notices Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1537. SUPPLEMENTARY INFORMATION: Background On June 6, 2023, Commerce published the Preliminary Results of this administrative review in the Federal Register.1 On August 9, 2023, Commerce released a post-preliminary analysis memorandum regarding the provision of electricity for less than adequate remuneration and electricity for more than adequate remuneration programs.2 Between August 29 and September 1, 2023, Commerce conducted on-site verification of the questionnaire responses submitted by the Government of Korea.3 On September 6, 2023, Commerce extended the deadline for the final results of this review to no later than December 1, 2023.4 For a complete description of the events that followed the Preliminary Results, see the Issues and Decision Memorandum.5 We conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order 6 The merchandise covered by the Order is CTL plate. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. khammond on DSKJM1Z7X2PROD with NOTICES 1 See Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2021, 88 FR 37019 (June 6, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Post-Preliminary Analysis,’’ dated August 9, 2023. 3 See Memorandum, ‘‘Verification of the Questionnaire Responses of the Government of Korea for the Provision of Electricity for Less than Adequate Remuneration Program,’’ dated September 28, 2023. 4 See Memorandum, ‘‘Extension of Deadline for Final Results of Countervailing Duty Administrative Review,’’ dated September 6, 2023. 5 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review: Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea; 2021,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 6 See Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May 25, 2017) (Order). 16:54 Dec 12, 2023 Jkt 262001 Changes Since the Preliminary Results Based on our analysis of the case and rebuttal briefs and the evidence on the record, we made certain changes to POSCO’s countervailable subsidy calculations from the Preliminary Results. These changes are explained in the Issues and Decision Memorandum. Methodology Commerce conducted this review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.7 The Issues and Decision Memorandum contains a full description of the methodology underlying Commerce’s conclusions. Verification Analysis of Comments Received All issues raised in interested parties’ briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed is attached to this notice at the appendix to this notice. VerDate Sep<11>2014 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. As provided in section 782(i)(3) of the Act and 19 CFR 351.307(b)(iv), in August 2023, Commerce conducted an on-site verification of the subsidy information reported by the Government of Korea. We used standard on-site verification procedures, including an examination of relevant accounting records and original source documents provided by the respondent. Final Results of Review In accordance with 19 CFR 351.221(b)(5), we calculated an individual net countervailable subsidy rate for POSCO. Commerce determines that, during the POR, the net countervailable subsidy rate for the producers/exporter under review is as follows: 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. 8 As discussed in the Preliminary Results, Commerce found the following companies to be cross-owned with POSCO: Pohang Scrap Recycling Distribution Center Co. Ltd.; POSCO Chemical Co., Ltd.; POSCO M-Tech Co., Ltd.; POSCO Nippon Steel RHF Joint Venture Co., Ltd.; POSCO SPS Co., Ltd.; and POSCO Terminal Co., Ltd. The subsidy rate applies to all cross-owned companies. We note that POSCO has an affiliated trading company PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 86319 Producer/exporter Subsidy rate (percent ad valorem) POSCO 8 ............................... 0.87 Disclosure We intend to disclose the calculations performed in connection with the final results of review to parties in this proceeding within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed company at the applicable ad valorem assessment rate. We intend 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 In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown for the company listed above based on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review.9 For all non-reviewed firms subject to the Order, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent through which it exported certain subject merchandise during the POR, POSO International (aka POSCO International Corporation). POSCO International was not selected as a mandatory respondent but was examined in the context of POSCO. Therefore, there is not an established countervailing duty rate for POSCO International; POSCO International’s subsidies are accounted for in POSCO’s total subsidy rate. Instead, entries of subject merchandise exported by POSCO International will receive the rate of the producer listed on the U.S. Customs and Border Protection (CBP) entry form. Thus, the subsidy rate applied to POSCO and POSCO’s cross-owned companies is also applied to POSCO International for entries of subject merchandise produced by POSCO. 9 See, e.g., Honey from Argentina: Results of Countervailing Duty Administrative Review, 69 FR 29518 (May 24, 2004), and accompanying Issues and Decision Memorandum at Issue 4. E:\FR\FM\13DEN1.SGM 13DEN1 86320 Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Notices company-specific rate or the all-others rate (3.72 percent), as appropriate.10 These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5). Dated: December 1, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. khammond on DSKJM1Z7X2PROD with NOTICES Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Subsidies Valuation Information V. Analysis of Programs VI. Discussion of Comments Comment 1: Whether Electricity is Subsidized by the Government of Korea (GOK) Comment 2: Whether the Provision of Korea Emissions Trading System (K– ETS) Permits is Countervailable Comment 3: Whether the Benchmark Calculations for Electricity for More than Adequate Remuneration (MTAR) Should Differentiate for Time-of-Use Comment 4: Whether Certain of POSCO SPS Co. Ltd.’s (POSCO SPS) Industrial Technology Innovation Promotion Act (ITIPA) Grants are Tied to Non-Subject Merchandise Comment 5: Whether Certain of POSCO Chemical Co., Ltd.’s (POSCO Chemical) Local Tax Exemptions under the Restriction of Special Local Taxation Act (RSLTA) Article 78 are Tied to NonSubject Merchandise Comment 6: Whether Certain Quota Tariff Import Duty Exemptions under Article 71 of the Customs Act are Tied to NonSubject Merchandise VII. Recommendation [FR Doc. 2023–27354 Filed 12–12–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Notice of Scope Rulings Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Applicable December 13, 2023. The U.S. Department of Commerce (Commerce) hereby publishes a list of scope rulings and circumvention determinations made during the period July 1, 2023, through September 30, 2023. We intend to publish future lists after the close of the next calendar quarter. FOR FURTHER INFORMATION CONTACT: Marcia E. Short, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1560. SUPPLEMENTARY INFORMATION: DATES: SUMMARY: Background Commerce regulations provide that it will publish in the Federal Register a list of scope rulings on a quarterly basis.1 Our most recent notification of scope rulings was published on September 1, 2023.2 This current notice covers all scope rulings made by Enforcement and Compliance between July 1, 2023, and September 30, 2023. Scope Rulings Made July 1, 2023, Through September 30, 2023 People’s Republic of China (China) A–570–979 and C–570–980: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From China Requestor: Anker Innovations Limited. The T8700 eufyCam security solar panel is not covered by the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China because it meets an express exclusion in the scope of the orders for off-grid solar panels; July 17, 2023. A–570–117 and C–570–118: Wood Mouldings and Millwork Products From China Requestor: Hardware Resources, Inc. Edge-glued boards are covered by the scope of the AD order on wood mouldings and millwork products from 1 See 19 CFR 351.225(o). Notice of Scope Rulings, 88 FR 60434 (September 1, 2023). 2 See 10 See Order, 82 FR at 24103. VerDate Sep<11>2014 16:54 Dec 12, 2023 Jkt 262001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 China because they are made of wood, continuously shaped wood, fingerjointed, and edge-glued mouldings or millwork blanks (whether or not resawn); August 2, 2023. A–570–899: Certain Artist Canvas From China Requestor: Printing Textiles, LLC dba Berger Textiles (Berger Textiles). Canvas banner matisse (CBM) imported by Berger Textiles is covered by the scope of the AD order on certain artist canvas from China because CBM is a polyester fabric that is primed/coated to convert the fabric into a canvas and enters the United States as rolls for art reproduction, wall covering, and de´cor applications; August 15, 2023. A–570–979 and C–570–980: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From China Requestor: Sonali Energees USA LLC (Sonali). The solar cells assembled into solar modules in Cambodia from Chinese-origin silicon wafers, do not fall within the scope of the AD/CVD orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China because the formation of the p/n junction occurred in Cambodia. As the Chinese-origin silicon wafers did not undergo the activation of the p/n junction until reaching Cambodia, the raw material is not a solar cell from China within the meaning of the scope of the Orders; August 23, 2023. Note that Sonali’s merchandise may be subject to the U.S. Department of Commerce’s final circumvention determination dated August 23, 2023, as imports of solar cells and modules that have been completed in Cambodia, using parts and components produced in China, that are then subsequently exported from Cambodia to the United States were found to be circumventing the antidumping duty and countervailing duty orders on solar cells and modules from China. A–570–601: Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From China Requestor: Precision Components Inc. Low-carbon steel blanks are covered by the scope of the AD order on tapered roller bearings and parts thereof, finished, and unfinished, from China, because the scope explicitly covers unfinished tapered roller bearing parts; September 19, 2023. A–570–865: Certain Hot-Rolled Carbon Steel Flat Products From China Requestor: Concept2, Inc. The front foot and front foot caster assembly for E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Pages 86318-86320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27354]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-888]


Certain Carbon and Alloy Steel Cut-to-Length Plate From the 
Republic of Korea: Final Results of Countervailing Duty Administrative 
Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to POSCO, a producer and 
exporter of certain carbon and alloy steel cut-to-length plate (CTL 
plate) from the Republic of Korea (Korea), during the period of review 
(POR) from January 1, 2021, through December 31, 2021.

DATES: Applicable December 13, 2023.

FOR FURTHER INFORMATION CONTACT: Faris Montgomery, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade

[[Page 86319]]

Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1537.

SUPPLEMENTARY INFORMATION:

Background

    On June 6, 2023, Commerce published the Preliminary Results of this 
administrative review in the Federal Register.\1\ On August 9, 2023, 
Commerce released a post-preliminary analysis memorandum regarding the 
provision of electricity for less than adequate remuneration and 
electricity for more than adequate remuneration programs.\2\ Between 
August 29 and September 1, 2023, Commerce conducted on-site 
verification of the questionnaire responses submitted by the Government 
of Korea.\3\
---------------------------------------------------------------------------

    \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the Republic of Korea: Preliminary Results and Partial Rescission of 
Countervailing Duty Administrative Review; 2021, 88 FR 37019 (June 
6, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Post-Preliminary Analysis,'' dated August 
9, 2023.
    \3\ See Memorandum, ``Verification of the Questionnaire 
Responses of the Government of Korea for the Provision of 
Electricity for Less than Adequate Remuneration Program,'' dated 
September 28, 2023.
---------------------------------------------------------------------------

    On September 6, 2023, Commerce extended the deadline for the final 
results of this review to no later than December 1, 2023.\4\ For a 
complete description of the events that followed the Preliminary 
Results, see the Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated September 6, 
2023.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review: 
Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic 
of Korea; 2021,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

    We conducted this review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act).

Scope of the Order 6
---------------------------------------------------------------------------

    \6\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May 
25, 2017) (Order).
---------------------------------------------------------------------------

    The merchandise covered by the Order is CTL plate. For a complete 
description of the scope of the Order, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed is 
attached to this notice at 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 our analysis of the case and rebuttal briefs and the 
evidence on the record, we made certain changes to POSCO's 
countervailable subsidy calculations from the Preliminary Results. 
These changes are explained in the Issues and Decision Memorandum.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we find that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\7\ The Issues and Decision 
Memorandum contains a full description of the methodology underlying 
Commerce's conclusions.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i)(3) of the Act and 19 CFR 
351.307(b)(iv), in August 2023, Commerce conducted an on-site 
verification of the subsidy information reported by the Government of 
Korea. We used standard on-site verification procedures, including an 
examination of relevant accounting records and original source 
documents provided by the respondent.

Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we calculated an 
individual net countervailable subsidy rate for POSCO. Commerce 
determines that, during the POR, the net countervailable subsidy rate 
for the producers/exporter under review is as follows:
---------------------------------------------------------------------------

    \8\ As discussed in the Preliminary Results, Commerce found the 
following companies to be cross-owned with POSCO: Pohang Scrap 
Recycling Distribution Center Co. Ltd.; POSCO Chemical Co., Ltd.; 
POSCO M-Tech Co., Ltd.; POSCO Nippon Steel RHF Joint Venture Co., 
Ltd.; POSCO SPS Co., Ltd.; and POSCO Terminal Co., Ltd. The subsidy 
rate applies to all cross-owned companies. We note that POSCO has an 
affiliated trading company through which it exported certain subject 
merchandise during the POR, POSO International (aka POSCO 
International Corporation). POSCO International was not selected as 
a mandatory respondent but was examined in the context of POSCO. 
Therefore, there is not an established countervailing duty rate for 
POSCO International; POSCO International's subsidies are accounted 
for in POSCO's total subsidy rate. Instead, entries of subject 
merchandise exported by POSCO International will receive the rate of 
the producer listed on the U.S. Customs and Border Protection (CBP) 
entry form. Thus, the subsidy rate applied to POSCO and POSCO's 
cross-owned companies is also applied to POSCO International for 
entries of subject merchandise produced by POSCO.

------------------------------------------------------------------------
                                                           Subsidy rate
                   Producer/exporter                       (percent ad
                                                             valorem)
------------------------------------------------------------------------
POSCO \8\..............................................            0.87
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in connection with 
the final results of review to parties in this proceeding within five 
days of the date of publication of this notice in the Federal Register 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, countervailing duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review, for the above-listed company at the 
applicable ad valorem assessment rate. We intend 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

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount shown for the company listed above based on 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review.\9\ For all non-reviewed firms 
subject to the Order, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the most recent

[[Page 86320]]

company-specific rate or the all-others rate (3.72 percent), as 
appropriate.\10\ These cash deposit requirements, effective upon 
publication of these final results, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \9\ See, e.g., Honey from Argentina: Results of Countervailing 
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and 
accompanying Issues and Decision Memorandum at Issue 4.
    \10\ See Order, 82 FR at 24103.
---------------------------------------------------------------------------

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act, and 19 CFR 351.221(b)(5).

    Dated: December 1, 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. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
    Comment 1: Whether Electricity is Subsidized by the Government 
of Korea (GOK)
    Comment 2: Whether the Provision of Korea Emissions Trading 
System (K-ETS) Permits is Countervailable
    Comment 3: Whether the Benchmark Calculations for Electricity 
for More than Adequate Remuneration (MTAR) Should Differentiate for 
Time-of-Use
    Comment 4: Whether Certain of POSCO SPS Co. Ltd.'s (POSCO SPS) 
Industrial Technology Innovation Promotion Act (ITIPA) Grants are 
Tied to Non-Subject Merchandise
    Comment 5: Whether Certain of POSCO Chemical Co., Ltd.'s (POSCO 
Chemical) Local Tax Exemptions under the Restriction of Special 
Local Taxation Act (RSLTA) Article 78 are Tied to Non-Subject 
Merchandise
    Comment 6: Whether Certain Quota Tariff Import Duty Exemptions 
under Article 71 of the Customs Act are Tied to Non-Subject 
Merchandise
VII. Recommendation

[FR Doc. 2023-27354 Filed 12-12-23; 8:45 am]
BILLING CODE 3510-DS-P
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