Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review; 2022-2023, 15814-15816 [2024-04621]
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15814
Federal Register / Vol. 89, No. 44 / Tuesday, March 5, 2024 / Notices
Dated: February 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Examined Companies
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
The merchandise covered by the
Order is CTL plate from Korea. For a full
description of the scope of the Order,
see the Preliminary Decision
Memorandum.5
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Rescission of Administrative Review, in
Part
[A–580–836]
Certain Cut-to-Length Carbon-Quality
Steel Plate Products From the
Republic of Korea: Preliminary Results
and Rescission in Part of Antidumping
Duty Administrative Review; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty (AD) order on certain
cut-to-length carbon-quality steel plate
products (CTL plate) from the Republic
of Korea (Korea). The period of review
(POR) is February 1, 2022, through
January 31, 2023. Commerce
preliminarily finds that the producers/
exporters subject to this administrative
review did not make sales of subject
merchandise at prices below normal
value (NV) during the POR. We are
rescinding this administrative review, in
part, with respect to two companies. We
invite interested parties to comment on
these preliminary results.
SUMMARY:
Applicable March 5, 2024.
lotter on DSK11XQN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
Christopher Williams or Allison
Hollander, AD/CVD Operations, Office
I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5166 or
(202) 482–2805, respectively.
SUPPLEMENTARY INFORMATION:
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16:50 Mar 04, 2024
Jkt 262001
On February 10, 2000, Commerce
published in the Federal Register the
AD order on CTL plate from Korea.1 On
April 11, 2023, based on timely requests
for an administrative review, Commerce
initiated this administrative review of
the Order with respect to four
companies 2 and subsequently selected
Dongkuk Steel Mill Co., Ltd., and
Hyundai Steel Company as the
mandatory respondents.3 On October
12, 2023, we extended the deadline to
issue these preliminary results until
February 28, 2024.4
Scope of the Order
[FR Doc. 2024–04619 Filed 3–4–24; 8:45 am]
DATES:
Background
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested the
review withdraw their review requests
within 90 days of the date of publication
of the notice of initiation for the
requested review.6 On July 10, 2023,
Nucor Corporation, SSAB Enterprises,
LLC, and Cleveland-Cliffs Inc. withdrew
their request for the review of BDP
International and Sung Jin Steel Co.,
Ltd., within the 90-day deadline.7 No
other parties requested an
administrative review of these two
companies. Therefore, in accordance
with 19 CFR 351.213(d)(1), Commerce is
rescinding the administrative review of
1 See Notice of Amendment of Final
Determinations of Sales at Less Than Fair Value
and Antidumping Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate Products from
France, India, Indonesia, Italy, Japan and the
Republic of Korea, 65 FR 6585 (February 10, 2000)
(Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
21609, 21611 (April 11, 2023) (Initiation Notice).
3 See Memorandum, ‘‘Respondent Selection,’’
dated May 26, 2023.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of the Antidumping Duty
Administrative Review; 2022–2023,’’ dated October
12, 2023.
5 See Memorandum, ‘‘Certain Cut-to-Length
Carbon-Quality Steel Plate Products from the
Republic of Korea: Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
6 See Initiation Notice, 88 FR at 21610.
7 See Nucor Corporation, SSAB Enterprises, LLC,
and Cleveland-Cliffs Inc.’s Letter, ‘‘Partial
Withdrawal of Request for Administrative Review,’’
dated July 10, 2023.
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BDP International and Sung Jin Steel
Co., Ltd.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
We calculated export price and
constructed export price in accordance
with section 772 of the Act, and we
calculated NV in accordance with
section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is included as
the appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the period February 1,
2022, through January 31, 2023:
Producer and/or exporter
Weightedaverage
dumping
margin
(percent)
Dongkuk Steel Mill Co., Ltd ..
Hyundai Steel Company .......
0.00
0.00
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after publication of this notice.8
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice.9 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.10 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
8 See
19 CFR 351.224(b).
also 19 CFR 351.303 (for general filing
requirements).
10 See 19 CFR 351.309(d)(1); see also
Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing
Duty Proceedings, 88 FR 67069, 67077 (September
29, 2023) (APO and Service Final Rule).
9 See
E:\FR\FM\05MRN1.SGM
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Federal Register / Vol. 89, No. 44 / Tuesday, March 5, 2024 / Notices
contents listing each issue; and (2) a
table of authorities.11
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.12 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).13
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
ACCESS. Hearing 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 case and rebuttal briefs. An
electronically filed hearing request must
be received successfully in its entirety
by Commerce’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Time within 30 days after the date of
publication of this notice.
lotter on DSK11XQN23PROD with NOTICES1
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in written briefs, no later
than 120 days after the date of
publication of this notice in the Federal
Register, pursuant to 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon issuance of the final results of
this administrative review, pursuant to
section 751(a)(2)(A) of the Act,
Commerce shall determine, and U.S.
11 See
19 CFR 351.309(c)(2) and (d)(2).
use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
13 See APO and Service Final Rule.
12 We
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16:50 Mar 04, 2024
Jkt 262001
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.14 If a respondent’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
in the final results of this review, we
intend to calculate an importer-specific
assessment rate based on the ratio of the
total amount of dumping calculated for
each importer’s examined sales and the
total entered value of the sales in
accordance with 19 CFR 351.212(b)(1).15
If the respondent’s weighted-average
dumping margin or an importer-specific
assessment rate is zero or de minimis in
the final results of this review, we
intend to instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties in accordance with
the Final Modification for Reviews.16
For entries of subject merchandise
during the POR produced by either of
the individually examined respondents
for which they did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate these entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.17
For the companies for which this
review is rescinded with these
preliminary results, we will instruct
CBP to assess antidumping duties on all
appropriate entries at a rate equal to the
cash deposit of antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period
February 1, 2022, through January 31,
2023, in accordance with 19 CFR
351.212(c)(l)(i).
The final results of this administrative
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.18 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.
14 See
19 CFR 351.212(b)(1).
these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
16 Id., 77 FR at 8103; see also 19 CFR
351.106(c)(2).
17 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
18 See section 751(a)(2)(C) of the Act.
15 In
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15815
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of this review for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for the companies listed
above will be that established in the
final results of this review, except if the
rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for merchandise exported by
companies not covered in this review
but covered in a prior segment of this
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
investigation but the producer is, the
cash deposit rate will be the rate
established for the most recently
completed segment for the producer of
the merchandise; (4) the cash deposit
rate for all other producers or exporters
will continue to be 0.98 percent, the allothers rate established in the
investigation.19 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this 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 countervailing duties.
19 See, e.g., Certain Cut-to-Length Carbon-Quality
Steel Plate Products from the Republic of Korea:
Final Results of Antidumping Duty Administrative
Review; 2020–2021, 87 FR 40489, 40490 (July 7,
2022).
E:\FR\FM\05MRN1.SGM
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15816
Federal Register / Vol. 89, No. 44 / Tuesday, March 5, 2024 / Notices
Commerce is issuing and publishing
these preliminary results in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213 and 19
CFR 351.221(b)(4).
Dated: February 28, 2024
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in
Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–04621 Filed 3–4–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–118]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Preliminary Results and
Partial Rescission of Countervailing
Duty Administrative Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of wood
moulding and millwork products
(millwork products) from the People’s
Republic of China (China) during the
period of review (POR), January 1, 2022,
through December 31, 2022. In addition,
Commerce is rescinding this review
with respect to 17 companies. Interested
parties are invited to comment on these
preliminary results of review.
DATES: Applicable March 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Craig Matney or Faris Montgomery, 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) 482–2429 or
(202) 482–1537, respectively.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
16:50 Mar 04, 2024
Jkt 262001
Rescission of Administrative Review, in
Part
On February 16, 2021, Commerce
Pursuant to 19 CFR 351.213(d)(1),
published a countervailing duty (CVD)
Commerce will rescind an
order on millwork products from
administrative review, in whole or in
China.1 The Coalition of American
Millwork Producers (the petitioner) and part, if a party who requested the review
withdraws the request within 90 days of
other interested parties requested that
the date of publication of notice of
Commerce conduct an administrative
initiation of the requested review. On
review of the Order. On April 11, 2023,
July 7, 2023, Jeld-Wen, Inc. timely
Commerce published in the Federal
withdrew its request for review for two
Register a notice of initiation of an
for which it had
administrative review of the Order.2 We of the eight companies
6 On July 10, 2023,
requested
a
review.
initiated an administrative review of 41
the petitioner timely withdrew its
producers/exporters of millwork
requests for review of four companies.7
products from China for the POR. On
July 10, 2023, Commerce selected Fujian For each of the companies for which all
requests for review were timely
Jinquan Trade Co., Ltd. (Jinquan) and
withdrawn and which are not crossFujian Yinfeng Imp & Exp Trading Co.,
owned with a mandatory respondent,
Ltd. (Yinfeng) as the mandatory
we are rescinding this review, in part,
respondents in this administrative
with respect to these companies
3
review.
pursuant to 19 CFR 351.213(d)(1).8
On October 2, 2023, Commerce
On September 14, 2023, Commerce
extended the deadline for the
notified interested parties that it
preliminary results of this review to no
intended to rescind this administrative
later than February 28, 2024.4
review with respect to certain
companies, in the absence of suspended
For a complete description of the
entries during the POR.9 Two
events that followed the initiation of
this review, see the Preliminary
companies listed in our Intent to
Decision Memorandum.5 A list of topics Rescind Memorandum, Anji Huaxin
Bamboo & Wood Products Co., Ltd. and
discussed in the Preliminary Decision
Composite Technology International,
Memorandum is included at Appendix
Limited, submitted comments claiming
I. The Preliminary Decision
Memorandum is a public document and that they had entries of subject
is on file electronically via Enforcement merchandise during the POR.10 As we
and Compliance’s Antidumping and
require more time to fully examine the
Countervailing Duty Centralized
companies’ claims and request
Electronic Service System (ACCESS).
additional information, if necessary, we
ACCESS is available to registered users
are not rescinding the review of these
at https://access.trade.gov. In addition, a two companies at this time, and will
complete version of the Preliminary
make a determination in the final
Decision Memorandum can be accessed results. With respect to the remaining 13
directly at https://access.trade.gov/
companies noted in our Intent to
public/FRNoticesListLayout.aspx.
Rescind Memorandum and for which all
review requests were not timely
Scope of the Order
withdrawn,11 we find that there were no
reviewable entries of subject
The products covered by the Order
merchandise during the POR. As a
are millwork products from China. For
result, we are rescinding this review,
a complete description of the scope of
pursuant to 19 CFR 351.213(d)(3), with
the Order, see the Preliminary Decision
respect to these companies. On May 11,
Memorandum.
2023, Homebuild Industries Co., Ltd.
Background
Notification to Interested Parties
1 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Countervailing
Duty Order, 86 FR 9484 (February 16, 2021) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
21609 (April 11, 2023) (Initiation Notice).
3 See Memorandum, ‘‘Respondent Selection,’’
dated July 10, 2023.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review; 2022,’’ dated October 2,
2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Wood Mouldings and
Millwork Products from the People’s Republic of
China; 2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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6 See Jeld-Wen’s Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated July 7, 2023.
7 See Petitioner’s Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated July 10, 2023.
8 See Appendix II for a list of companies for
which we are rescinding the review due to the
timely withdrawal of the requests for review.
9 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated September 14, 2023 (Intent
to Rescind Memorandum).
10 See Anji Huaxin’s Letter, ‘‘Comments on Notice
of Intent to Rescind Review, In Part,’’ dated
September 28, 2023; see also Composite
Technology International’s Letter, ‘‘Comments on
Notice of Intent to Rescind Review, In Part,’’ dated
September 28, 2023.
11 See Appendix III for a list of these 13
companies.
E:\FR\FM\05MRN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Notices]
[Pages 15814-15816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04621]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-836]
Certain Cut-to-Length Carbon-Quality Steel Plate Products From
the Republic of Korea: Preliminary Results and Rescission in Part of
Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on certain
cut-to-length carbon-quality steel plate products (CTL plate) from the
Republic of Korea (Korea). The period of review (POR) is February 1,
2022, through January 31, 2023. Commerce preliminarily finds that the
producers/exporters subject to this administrative review did not make
sales of subject merchandise at prices below normal value (NV) during
the POR. We are rescinding this administrative review, in part, with
respect to two companies. We invite interested parties to comment on
these preliminary results.
DATES: Applicable March 5, 2024.
FOR FURTHER INFORMATION CONTACT: Christopher Williams or Allison
Hollander, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5166
or (202) 482-2805, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, Commerce published in the Federal Register
the AD order on CTL plate from Korea.\1\ On April 11, 2023, based on
timely requests for an administrative review, Commerce initiated this
administrative review of the Order with respect to four companies \2\
and subsequently selected Dongkuk Steel Mill Co., Ltd., and Hyundai
Steel Company as the mandatory respondents.\3\ On October 12, 2023, we
extended the deadline to issue these preliminary results until February
28, 2024.\4\
---------------------------------------------------------------------------
\1\ See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products from France, India,
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585
(February 10, 2000) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 21609, 21611 (April 11, 2023)
(Initiation Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated May 26,
2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the Antidumping Duty Administrative Review; 2022-2023,''
dated October 12, 2023.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is CTL plate from Korea. For a
full description of the scope of the Order, see the Preliminary
Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel
Plate Products from the Republic of Korea: Decision Memorandum for
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested the review withdraw their review requests within 90 days of
the date of publication of the notice of initiation for the requested
review.\6\ On July 10, 2023, Nucor Corporation, SSAB Enterprises, LLC,
and Cleveland-Cliffs Inc. withdrew their request for the review of BDP
International and Sung Jin Steel Co., Ltd., within the 90-day
deadline.\7\ No other parties requested an administrative review of
these two companies. Therefore, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding the administrative review of BDP
International and Sung Jin Steel Co., Ltd.
---------------------------------------------------------------------------
\6\ See Initiation Notice, 88 FR at 21610.
\7\ See Nucor Corporation, SSAB Enterprises, LLC, and Cleveland-
Cliffs Inc.'s Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated July 10, 2023.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
export price and constructed export price in accordance with section
772 of the Act, and we calculated NV in accordance with section 773 of
the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is included
as the appendix to this notice. The Preliminary Decision Memorandum is
a public document and is made available to the public via Enforcement
and Compliance's Antidumping and Countervailing Duty Centralized
Electronic Service System (ACCESS). ACCESS is available to registered
users at https://access.trade.gov. In addition, a complete version of
the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period February 1, 2022, through January
31, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping margin
(percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd............................. 0.00
Hyundai Steel Company................................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after publication of this notice.\8\ Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may submit case briefs no later
than 30 days after the date of publication of this notice.\9\ 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.\10\
Interested parties who submit case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
[[Page 15815]]
contents listing each issue; and (2) a table of authorities.\11\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.224(b).
\9\ See also 19 CFR 351.303 (for general filing requirements).
\10\ See 19 CFR 351.309(d)(1); see also Administrative
Protective Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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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.\12\ 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).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Hearing 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 case and rebuttal briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon issuance of the final results of this administrative review,
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\14\ If a
respondent's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.5 percent) in the final results of this review, we
intend to calculate an importer-specific assessment rate based on the
ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of the sales in accordance
with 19 CFR 351.212(b)(1).\15\ If the respondent's weighted-average
dumping margin or an importer-specific assessment rate is zero or de
minimis in the final results of this review, we intend to instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties in accordance with the Final Modification for Reviews.\16\
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\14\ See 19 CFR 351.212(b)(1).
\15\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\16\ Id., 77 FR at 8103; see also 19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by
either of the individually examined respondents for which they did not
know that the merchandise was destined for the United States, we will
instruct CBP to liquidate these entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\17\
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\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies for which this review is rescinded with these
preliminary results, we will instruct CBP to assess antidumping duties
on all appropriate entries at a rate equal to the cash deposit of
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, during the period February 1, 2022, through
January 31, 2023, in accordance with 19 CFR 351.212(c)(l)(i).
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.\18\ 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).
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\18\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of this review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication as
provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate
for the companies listed above will be that established in the final
results of this review, except if the rate is less than 0.50 percent
and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1),
in which case the cash deposit rate will be zero; (2) for merchandise
exported by companies not covered in this review but covered in a prior
segment of this proceeding, the cash deposit rate will continue to be
the company-specific rate published for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the investigation but the producer is, the cash deposit rate will be
the rate established for the most recently completed segment for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 0.98 percent, the all-others
rate established in the investigation.\19\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\19\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate
Products from the Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2020-2021, 87 FR 40489, 40490 (July 7,
2022).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this 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
countervailing duties.
[[Page 15816]]
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 19 CFR 351.221(b)(4).
Dated: February 28, 2024
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, in Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-04621 Filed 3-4-24; 8:45 am]
BILLING CODE 3510-DS-P
