Certain Corrosion-Resistant Steel Products From the Republic of Korea: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2021, 6501-6503 [2024-02019]
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Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Notices
6501
Department contact
Countervailing Duty Proceedings
Pasta from Italy, C–475–819 (5th Review) ........................................................................................................
Pasta From Turkey, (202) 482–1785 .................................................................................................................
Suspended Investigations
DEPARTMENT OF COMMERCE
No Sunset Review of suspended
investigations is scheduled for initiation
in March 2024.
Commerce’s procedures for the
conduct of Sunset Review are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (Sunset) Review
provides further information regarding
what is required of all parties to
participate in Sunset Review.
Pursuant to 19 CFR 351.103(c),
Commerce will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact Commerce in writing within 10
days of the publication of the Notice of
Initiation.
Please note that if Commerce receives
a Notice of Intent to Participate from a
member of the domestic industry within
15 days of the date of initiation, the
review will continue.
Thereafter, any interested party
wishing to participate in the Sunset
Review must provide substantive
comments in response to the notice of
initiation no later than 30 days after the
date of initiation. Note that Commerce
has amended certain of its requirements
pertaining to the service of documents
in 19 CFR 351.303(f).1
This notice is not required by statute
but is published as a service to the
international trading community.
International Trade Administration
Dated: January 18, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2024–01993 Filed 1–31–24; 8:45 am]
ddrumheller on DSK120RN23PROD with NOTICES1
BILLING CODE 3510–DS–P
1 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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17:12 Jan 31, 2024
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[C–580–879]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Final Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain corrosion-resistant steel
products from the Republic of Korea.
The period of review (POR) is January
1, 2021, through December 31, 2021.
DATES: Applicable February 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer, 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) 482–9068.
AGENCY:
SUPPLEMENTARY INFORMATION
Background
Commerce published the preliminary
results of this administrative review on
July 31, 2023.1 For a description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.2
Scope of the Order 3
The products covered by this Order
are certain corrosion-resistant steel
1 See Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Preliminary Results and
Partial Rescission of Countervailing Duty
Administrative Review; 2021, 88 FR 49440 (July 31,
2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results and Partial
Rescission of the 2021 Administrative Review of the
Countervailing Duty Order on Certain CorrosionResistant Steel Products from the Republic of
Korea,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 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
PO 00000
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Mary Kolberg, C–489–806 (5th Review).
Mary Kolberg, (202) 482–1785.
products. For a complete description of
the scope of this Order, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties’
case briefs are addressed in the Issues
and Decision Memorandum
accompanying this notice. A list of the
issues raised by parties, and to which
Commerce responded in the Issues and
Decision Memorandum, is provided 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, and for the reasons explained in
the Issues and Decision Memorandum,
we made certain revisions to the
subsidy calculations for KG Dongbu
Steel Co., Ltd. (KG Dongbu). As a result
of the changes to KG Dongbu’s final
subsidy rate, the final subsidy rate for
the three non-selected companies under
review also changed.4
Methodology
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found countervailable, we find that
there is a subsidy, i.e., a governmentprovided financial contribution that
gives rise to a benefit to the recipient,
and that the subsidy is specific.5 For a
description of the methodology
underlying all of Commerce’s
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016) (Order).
4 For details on the changes made since the
Preliminary Results, see the Issues and Decision
Memorandum.
5 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.
E:\FR\FM\01FEN1.SGM
01FEN1
6502
Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Notices
conclusions, see the Issues and Decision
Memorandum.
Partial Rescission of Review
Commerce’s practice is to rescind an
administrative review of a
countervailing duty order, pursuant to
19 CFR 351.213(d)(3), when there are no
reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.6 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period.7 Therefore, for an
administrative review of a company to
be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct U.S. Customs
and Border Protection (CBP) to liquidate
at the countervailing duty assessment
rate calculated for the review period.
In the Preliminary Results, we found
the following four companies subject to
this review did not have reviewable
entries during the POR for which
liquidation is suspended: (1) SeAH Steel
Corporation; (2) POSCO International;
(3) POSCO Steeleon; and (4) Hyundai
Steel Co., Ltd. Accordingly, pursuant to
19 CFR 351.213(d)(3), we stated our
intention to rescind the review with
respect to these companies in the final
results.8 Because there is no evidence
on the record that these four companies
had entries, exports, or sales of subject
merchandise during the POR, and no
party filed comments with respect to
our preliminary determination regarding
these companies, we are rescinding this
review with respect to these four
companies consistent with 19 CFR
351.213(d)(3).
Companies Not Selected for Individual
Review
There are three companies for which
a review was requested, but which were
not selected as mandatory respondents
or found to be cross-owned with a
mandatory respondent. These
companies are: (1) POSCO; (2) POSCO
Coated & Color Steel Co., Ltd.; and (3)
SeAH Coated Metal. For these three
companies, because the rates calculated
for mandatory respondents KG Dongbu
and Hyundai Steel Company were above
de minimis and not based entirely on
facts available, we applied a final
subsidy rate based on a weighted
average of the rates calculated for the
two mandatory respondents using the
publicly ranged sales data they
submitted on the record. This
methodology for establishing the
subsidy rate for the non-selected
companies is consistent with our
practice and with section 705(c)(5)(A) of
the Act.
Final Results of Review
We determine that, for the period
January 1, 2021, through December 31,
2021, the following total net
countervailable subsidy rates exist:
Subsidy rate
(percent
ad valorem)
Producer/exporter
KG Dongbu Steel Co., Ltd ...................................................................................................................................................
Hyundai Steel Company ......................................................................................................................................................
6.48
0.82
Review-Specific Rate Applicable to Non-Selected Companies:
POSCO ................................................................................................................................................................................
POSCO Coated & Color Steel Co., Ltd ..............................................................................................................................
SeAH Coated Metal .............................................................................................................................................................
Disclosure
Commerce intends to disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(2),
Commerce has determined, and 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 companies at the applicable
ad valorem assessment rates listed.
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
Cash Deposit Rates
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
amounts shown for each of the
respective companies listed above on
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits of
estimated countervailing duties at the
most recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposits,
6 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); and Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
Assessment Rate
ddrumheller on DSK120RN23PROD with NOTICES1
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
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PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
1.60
1.60
1.60
effective upon the publication of the
final results of this review, shall remain
in effect until further notice.
Administrative Protective Order
This notice also serves as a final
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).
Timely written notification of the
return/destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
7 See
8 See
E:\FR\FM\01FEN1.SGM
19 CFR 351.212(b)(2).
Preliminary Results, 88 FR at 49440.
01FEN1
Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Notices
Dated: January 25, 2024.
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 the Issues
Comment 1: Whether Electricity Is
Subsidized by the Government of Korea
(GOK)
Comment 2: Whether the Korea Emissions
Trading System (K–ETS) Is
Countervailable
Comment 3: Whether Hyundai Steel
Company (Hyundai Steel) and Hyundai
Green Power (HGP) Are Cross-Owned
Comment 4: Whether KG Dongbu Steel Co.,
Ltd. (KG Dongbu) Is Equityworthy and
the 2015–2018 Debt-to-Equity Swaps
Should Be Countervailed
Comment 5: Whether Subsidies Prior to
Dongbu Steel Co., Ltd.’s (Dongbu Steel)
Change in Ownership (CIO) Pass
Through to KG Dongbu
Comment 6: Whether Commerce
Incorrectly Calculated the
Uncreditworthy Benchmark Rate and
Unequityworthy Discount Rate
Comment 7: Whether Commerce Used the
Correct Uncreditworthy Rate in the
Benefit Calculation for the Long-Term
Loan and Bond Restructured in 2019
Comment 8: Whether Commerce
Incorrectly Included Long-Term Bonds
Received From a Private Bank in its
Calculation of Benefit for Restructured
Loans
VIII. Recommendation
[FR Doc. 2024–02019 Filed 1–31–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–854]
Certain Steel Nails From Taiwan: Final
Results of Antidumping Duty
Administrative Review, Final
Determination of No Shipments, and
Final Determination of No Reviewable
Sales; 2021–2022
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain steel nails from Taiwan were
sold in the United States at less than
normal value during the period of
review (POR), July 1, 2021, through June
30, 2022. Commerce also determines
that certain companies under review
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
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17:12 Jan 31, 2024
Jkt 262001
made no shipments of certain steel nails
from Taiwan or had no reviewable sales
during the POR.
DATES: Applicable February 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1537.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 2023, Commerce
published the preliminary results in the
2021–2022 administrative review of the
antidumping duty order on certain steel
nails from Taiwan and invited
interested parties to comment.1 The
review covers 140 companies, including
three mandatory respondents, four
companies claiming no shipments of
subject merchandise during the POR,
three companies claiming no reviewable
sales during the POR, and 130
companies not selected for individual
examination.2 A summary of the events
that occurred since publication of the
Preliminary Results, as well as a full
discussion of the issues raised by parties
for these final results, are included in
the Issues and Decision Memorandum.3
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(B) of the Tariff
Act of 1930, as amended (the Act).
Scope of the Order 4
The merchandise covered by this
Order are certain steel nails from
Taiwan. The certain steel nails subject
to the Order are currently classifiable
under Harmonized Tariff Schedule of
1 See Certain Steel Nails from Taiwan:
Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Determination
of No Shipments, Preliminary Determination of No
Reviewable Sales, and Partial Rescission of Review;
2021–2022, 88 FR 51291 (August 3, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 Id. The mandatory respondents in this review
are: Your Standing International, Inc. (YSI); Shang
Jeng Nail Co., Ltd. (Shang Jeng); and World Kun
Company Limited (World Kun). We note that
Concord International Engineering & Trading Co.,
Ltd. was selected as a mandatory respondent, but
claimed to have no reviewable sales in its
questionnaire responses.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Certain Steel Nails from Taiwan; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
4 See Certain Steel Nails from the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 80 FR 39994 (July 13,
2015) (Order).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
6503
the United States (HTSUS) subheadings
7317.00.55.02, 7317.00.55.03,
7317.00.55.05, 7317.00.55.07,
7317.00.55.08, 7317.00.55.11,
7317.00.55.18, 7317.00.55.19,
7317.00.55.20, 7317.00.55.30,
7317.00.55.40, 7317.00.55.50,
7317.00.55.60, 7317.00.55.70,
7317.00.55.80, 7317.00.55.90,
7317.00.65.30, 7317.00.65.60 and
7317.00.75.00. Certain steel nails subject
to this Order also may be classified
under HTSUS subheadings
7907.00.60.00, 8206.00.00.00 or other
HTSUS subheadings. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
Order is dispositive. For a complete
description of the scope of the Order,
see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in parties’ case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum and
are listed in appendix I 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 findings at verification,
Commerce made certain changes to the
margin calculations for YSI. The Issues
and Decision Memorandum contains
descriptions of these changes.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that the following
companies had no shipments of subject
merchandise during the POR: Astrotech
Steels Private Limited (Astrotech);
Region Systems Sdn. Bhd (Region
Systems); Region Industries Co., Ltd.
(Region Industries); and Region
International Co., Ltd (Region
International).5 As we have not received
any information to contradict this
determination, consistent with our
practice, we will instruct U.S. Customs
and Border Protection (CBP) to liquidate
any existing entries of subject
merchandise produced by these four
companies, but exported by other
parties, at the all-others rate if there is
5 See
E:\FR\FM\01FEN1.SGM
Preliminary Results, 88 FR at 51292.
01FEN1
Agencies
[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6501-6503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02019]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-879]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Final Results and Partial Rescission 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 are being provided to producers and exporters
of certain corrosion-resistant steel products from the Republic of
Korea. The period of review (POR) is January 1, 2021, through December
31, 2021.
DATES: Applicable February 1, 2024.
FOR FURTHER INFORMATION CONTACT: Robert Palmer, 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) 482-9068.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the preliminary results of this administrative
review on July 31, 2023.\1\ For a description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2021, 88 FR 49440 (July
31, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results and Partial Rescission of the 2021 Administrative
Review of the Countervailing Duty Order on 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 \3\
---------------------------------------------------------------------------
\3\ 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 products covered by this Order are certain corrosion-resistant
steel products. For a complete description of the scope of this Order,
see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' case briefs are addressed
in the Issues and Decision Memorandum accompanying this notice. A list
of the issues raised by parties, and to which Commerce responded in the
Issues and Decision Memorandum, is provided 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, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain revisions to the subsidy calculations for KG Dongbu Steel Co.,
Ltd. (KG Dongbu). As a result of the changes to KG Dongbu's final
subsidy rate, the final subsidy rate for the three non-selected
companies under review also changed.\4\
---------------------------------------------------------------------------
\4\ For details on the changes made since the Preliminary
Results, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (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.\5\ For a description of the methodology underlying all of
Commerce's
[[Page 6502]]
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
Partial Rescission of Review
Commerce's practice is to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\6\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\7\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the countervailing duty assessment rate calculated for the review
period.
---------------------------------------------------------------------------
\6\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); and
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\7\ See 19 CFR 351.212(b)(2).
---------------------------------------------------------------------------
In the Preliminary Results, we found the following four companies
subject to this review did not have reviewable entries during the POR
for which liquidation is suspended: (1) SeAH Steel Corporation; (2)
POSCO International; (3) POSCO Steeleon; and (4) Hyundai Steel Co.,
Ltd. Accordingly, pursuant to 19 CFR 351.213(d)(3), we stated our
intention to rescind the review with respect to these companies in the
final results.\8\ Because there is no evidence on the record that these
four companies had entries, exports, or sales of subject merchandise
during the POR, and no party filed comments with respect to our
preliminary determination regarding these companies, we are rescinding
this review with respect to these four companies consistent with 19 CFR
351.213(d)(3).
---------------------------------------------------------------------------
\8\ See Preliminary Results, 88 FR at 49440.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
There are three companies for which a review was requested, but
which were not selected as mandatory respondents or found to be cross-
owned with a mandatory respondent. These companies are: (1) POSCO; (2)
POSCO Coated & Color Steel Co., Ltd.; and (3) SeAH Coated Metal. For
these three companies, because the rates calculated for mandatory
respondents KG Dongbu and Hyundai Steel Company were above de minimis
and not based entirely on facts available, we applied a final subsidy
rate based on a weighted average of the rates calculated for the two
mandatory respondents using the publicly ranged sales data they
submitted on the record. This methodology for establishing the subsidy
rate for the non-selected companies is consistent with our practice and
with section 705(c)(5)(A) of the Act.
Final Results of Review
We determine that, for the period January 1, 2021, through December
31, 2021, the following total net countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate (percent
Producer/exporter ad valorem)
------------------------------------------------------------------------
KG Dongbu Steel Co., Ltd....................... 6.48
Hyundai Steel Company.......................... 0.82
------------------------------------------------------------------------
Review-Specific Rate Applicable to Non-Selected Companies:
------------------------------------------------------------------------
POSCO.......................................... 1.60
POSCO Coated & Color Steel Co., Ltd............ 1.60
SeAH Coated Metal.............................. 1.60
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and 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 companies at the applicable ad valorem assessment rates listed.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Rates
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 amounts shown for each of the respective companies listed
above on shipments of the subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this administrative review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the most recent company-specific or
all-others rate applicable to the company, as appropriate. These cash
deposits, effective upon the publication of the final results of this
review, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final 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). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
[[Page 6503]]
Dated: January 25, 2024.
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 the Issues
Comment 1: Whether Electricity Is Subsidized by the Government
of Korea (GOK)
Comment 2: Whether the Korea Emissions Trading System (K-ETS) Is
Countervailable
Comment 3: Whether Hyundai Steel Company (Hyundai Steel) and
Hyundai Green Power (HGP) Are Cross-Owned
Comment 4: Whether KG Dongbu Steel Co., Ltd. (KG Dongbu) Is
Equityworthy and the 2015-2018 Debt-to-Equity Swaps Should Be
Countervailed
Comment 5: Whether Subsidies Prior to Dongbu Steel Co., Ltd.'s
(Dongbu Steel) Change in Ownership (CIO) Pass Through to KG Dongbu
Comment 6: Whether Commerce Incorrectly Calculated the
Uncreditworthy Benchmark Rate and Unequityworthy Discount Rate
Comment 7: Whether Commerce Used the Correct Uncreditworthy Rate
in the Benefit Calculation for the Long-Term Loan and Bond
Restructured in 2019
Comment 8: Whether Commerce Incorrectly Included Long-Term Bonds
Received From a Private Bank in its Calculation of Benefit for
Restructured Loans
VIII. Recommendation
[FR Doc. 2024-02019 Filed 1-31-24; 8:45 am]
BILLING CODE 3510-DS-P