Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 15825-15827 [2024-04622]
Download as PDF
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 44 / Tuesday, March 5, 2024 / Notices
The REEEAC was re-chartered most
recently on May 27, 2022. The REEEAC
provides the Secretary of Commerce
with advice from the private sector on
the development and administration of
programs and policies to expand the
export competitiveness of U.S.
renewable energy and energy efficiency
products and services. More information
about the REEEAC, including the list of
appointed members for this charter, is
published online at https://trade.gov/
reeeac.
On March 21, 2024, the REEEAC will
hold the seventh meeting of its current
charter term. The Committee will
deliberate on approval of several
recommendations. The agenda will be
made available by March 21, 2024 upon
request to Cora Dickson, and the most
current version of the agenda will also
be made available on the REEEAC
website.
The meeting will be open to the
public and will be accessible to people
with disabilities. All guests are required
to register in advance by the deadline
identified under the DATES caption.
Requests for auxiliary aids must be
submitted by the registration deadline.
Last minute requests will be accepted
but may not be possible to fill.
A limited amount of time before the
close of the meeting will be available for
oral comments from members of the
public attending the meeting. Members
of the public attending virtually who
wish to speak during the public
comment period must give the DFO
advance notice in order to facilitate
their access. To accommodate as many
speakers as possible, the time for public
comments will be limited to two to five
minutes per person (depending on
number of public participants).
Individuals wishing to reserve speaking
time during the meeting must contact
Cora Dickson using the contact
information above and submit a brief
statement of the general nature of the
comments, as well as the name and
address of the proposed participant, by
5:00 p.m. EST on Monday, March 18,
2024. If the number of registrants
requesting to make statements is greater
than can be reasonably accommodated
during the meeting, the International
Trade Administration may conduct a
lottery to determine the speakers.
Speakers are requested to submit a copy
of their oral comments by email to Cora
Dickson for distribution to the
participants in advance of the meeting.
Any member of the public may
submit written comments concerning
the REEEAC’s affairs at any time before
or after the meeting. Comments may be
submitted via email to the Renewable
Energy and Energy Efficiency Advisory
VerDate Sep<11>2014
16:50 Mar 04, 2024
Jkt 262001
Committee, c/o: Cora Dickson,
Designated Federal Officer, Office of
Energy and Environmental Industries,
U.S. Department of Commerce;
Cora.Dickson@trade.gov. To be
considered during the meeting, public
comments must be transmitted to the
REEEAC prior to the meeting. As such,
written comments must be received no
later than 5:00 p.m. EST on Monday,
March 18, 2024. Comments received
after that date will be distributed to the
members but may not be considered at
the meeting.
Copies of REEEAC meeting minutes
will be available within 30 days
following the meeting.
Dated: February 28, 2024.
Man K. Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2024–04555 Filed 3–4–24; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–837]
Certain Cut-to-Length Carbon-Quality
Steel Plate From the Republic of
Korea: 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 certain exporters/
producers of certain cut-to-length plate
(CTL plate) from the Republic of Korea
(Korea) received countervailable
subsidies during the period of review
(POR) January 1, 2022, through
December 31, 2022. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable March 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson or Laura Griffith, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4793 or (202) 482–6430,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, Commerce
published in the Federal Register the
countervailing duty (CVD) order on CTL
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
15825
plate from Korea.1 On April 11, 2023,
Commerce published in the Federal
Register its initiation of the CVD
administrative review of the Order for
the period of January 1, 2022, to
December 31, 2022.2 On June 14, 2023,
Commerce selected Dongkuk Steel Mill
Co., Ltd. (DSM) and Hyundai Steel
Company (Hyundai Steel), as the
mandatory respondents in this
administrative review.3
On September 22, 2023, Commerce
extended the deadline for issuance of
the preliminary results of this review by
120 days until February 28, 2024, in
accordance with 19 CFR 351.213(h)(2).4
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included in the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The product covered by this Order is
certain cut-to-length carbon-quality steel
plate. For a complete description of the
scope of the Order, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative
Review
On July 10, 2023, the domestic
interested parties 6 timely withdrew
1 See Notice of Amended Final Determinations:
Certain Cut-to-Length Carbon-Quality Steel Plate
from India and the Republic of Korea; and Notice
of Countervailing Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate from France,
India, Indonesia, Italy, and the Republic of Korea,
65 FR 6587 (February 10, 2000) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
21609 (April 11, 2023).
3 See Memorandum, ‘‘Respondent Selection,’’
dated June 14, 2023.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results,’’ dated September 22, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on Certain
Cut-To-Length Carbon-Quality Steel Plate from the
Republic of Korea; 2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
6 The domestic interested parties are Nucor
Corporation (Nucor), SSAB Enterprises, LLC, and
Cleveland-Cliffs Inc.
E:\FR\FM\05MRN1.SGM
05MRN1
15826
Federal Register / Vol. 89, No. 44 / Tuesday, March 5, 2024 / Notices
their request for an administrative
review of BDP International and Sung
Jin Steel Co., Ltd. No other party
requested a review of these companies.
Accordingly, we are rescinding this
review, in part, with respect to BDP
International and Sung Jin Steel Co.,
Ltd., pursuant to 19 CFR 351.213(d)(1).
For further information, see ‘‘Partial
Rescission of Administrative Review’’ in
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this CVD
administrative review in accordance
with section 751(a)(l)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that confers a benefit to the recipient,
and that the subsidy is specific.7 For a
full description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
net countervailable subsidy rates for the
period January 1, 2022, through
December 31, 2022:
Company
Net
countervailable
subsidy rate
(percent)
lotter on DSK11XQN23PROD with NOTICES1
Dongkuk Steel Mill Co.,
Ltd .................................
Hyundai Steel Company 8
1.93
2.21
Assessment Rate
In accordance with 19 CFR
351.221(b)(4)(i), Commerce has
preliminarily assigned subsidy rates as
indicated above. Consistent with section
751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
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 Commerce preliminarily finds Hyundai Green
Power to be cross-owned with Hyundai Steel. See
the Preliminary Decision Memorandum at 7.
VerDate Sep<11>2014
16:50 Mar 04, 2024
Jkt 262001
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
For the companies for which this
review is rescinded, Commerce will
instruct CBP to assess countervailing
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2022, through
December 31, 2022, in accordance with
19 CFR 351.212(c)(1)(i). Commerce
intends to issue rescission instructions
to CBP no earlier than 35 days after the
date of publication of the notice of
rescission in the Federal Register.
Cash Deposit Rate
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amount
indicated above with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
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 deposit
instructions, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.9 Interested parties
will be notified of the timeline for the
submission of case briefs and written
comments at a later date. 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
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
9 See
19 CFR 351.224(b).
19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO,
Service, and Other Procedures).
11 See 19 351.309(c)(2) and (d)(2).
10 See
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
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. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.
Final Results
Unless the deadline is extended, we
intend to issue the final results of this
administrative review, which will
include the results of our analysis of the
issues raised in the case briefs, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act.
Verification
On July 20, 2023, Nucor requested
that Commerce conduct verification in
this review of DSM, Hyundai Steel, and
the Government of Korea.14
Accordingly, as provided in section
782(i)(3) of the Act, Commerce intends
to verify certain of the information
relied upon for its final results.
Notification to Interested Parties
These preliminary results and notice
are issued and published in accordance
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, Service, and Other Procedures.
14 See Nucor’s Letter, ‘‘Request for Verification,’’
dated July 20, 2023.
E:\FR\FM\05MRN1.SGM
05MRN1
Federal Register / Vol. 89, No. 44 / Tuesday, March 5, 2024 / Notices
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. Partial Rescission of Administrative
Review
IV. Scope of the Order
V. Diversification of Korea’s Economy
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2024–04622 Filed 3–4–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) has received
requests to conduct administrative
reviews of various antidumping duty
(AD) and countervailing duty (CVD)
orders with January anniversary dates.
In accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable March 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, 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) 482–4735.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders with
January anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
VerDate Sep<11>2014
16:50 Mar 04, 2024
Jkt 262001
Respondent Selection
In the event that Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, except for
the administrative review of the AD
order on wooden bedroom furniture
from the People’s Republic of China
(China), Commerce intends to select
respondents based on U.S. Customs and
Border Protection (CBP) data for U.S.
imports during the period of review
(POR). We intend to place the CBP data
on the record within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted within seven days
after the placement of the CBP data on
the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event that Commerce decides it
is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Tariff Act of
1930, as amended (the Act), the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating AD
rates) require a substantial amount of
detailed information and analysis,
which often require follow-up questions
and analysis. Accordingly, Commerce
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this AD proceeding
(e.g., investigation, administrative
review, new shipper review, or changed
circumstances review). For any
company subject to this review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection.
Parties are requested to (a) identify
which companies subject to review
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
15827
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
companies are requested to complete
the Quantity and Value (Q&V)
Questionnaire for purposes of
respondent selection, in general, each
company must report volume and value
data separately for itself. Parties should
not include data for any other party,
even if they believe they should be
treated as a single entity with that other
party. If a company was collapsed with
another company or companies in the
most recently completed segment of this
proceeding where Commerce
considered collapsing that entity,
complete Q&V data for that collapsed
entity must be submitted.
Respondent Selection—Wooden
Bedroom Furniture From China
In the event that Commerce limits the
number of respondents individually
examined in the administrative review
of the AD order on wooden bedroom
furniture from China, for purposes of
the January 1, 2023, through December
31, 2023, POR, Commerce intends to
select respondents based on volume
data contained in responses to a Q&V
Questionnaire. All parties under review
are hereby notified that they must
timely respond to the Q&V
Questionnaire. Commerce’s Q&V
Questionnaire, along with certain
additional questions, will be available
in a document package at https://
access.trade.gov/Resources/prc-WBFdocument-Package.pdf on the date that
this notice is published in the Federal
Register. Responses to the Q&V
Questionnaire must be filed with the
respondents’ Separate Rate Application
or Separate Rate Certification (see the
Separate Rates section below) and their
responses to the additional questions,
and must be received by Commerce by
no later than 30 days after publication
of this notice in the Federal Register.
Please be advised that due to the time
constraints imposed by the statutory
and regulatory deadlines for completing
AD administrative reviews, Commerce
does not intend to grant any extensions
for the submission of a response to the
Q&V Questionnaire.
Notice of No Sales
With respect to AD administrative
reviews, we intend to rescind the review
where there are no suspended entries
for a company or entity under review
and/or where there are no suspended
entries under the company-specific case
number for that company or entity.
Where there may be suspended entries,
if a producer or exporter named in this
notice of initiation had no exports,
E:\FR\FM\05MRN1.SGM
05MRN1
Agencies
[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Notices]
[Pages 15825-15827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04622]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Certain Cut-to-Length Carbon-Quality Steel Plate From the
Republic of Korea: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain exporters/producers of certain cut-to-length
plate (CTL plate) from the Republic of Korea (Korea) received
countervailable subsidies during the period of review (POR) January 1,
2022, through December 31, 2022. We invite interested parties to
comment on these preliminary results.
DATES: Applicable March 5, 2024.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Laura Griffith, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4793 or (202)
482-6430, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, Commerce published in the Federal Register
the countervailing duty (CVD) order on CTL plate from Korea.\1\ On
April 11, 2023, Commerce published in the Federal Register its
initiation of the CVD administrative review of the Order for the period
of January 1, 2022, to December 31, 2022.\2\ On June 14, 2023, Commerce
selected Dongkuk Steel Mill Co., Ltd. (DSM) and Hyundai Steel Company
(Hyundai Steel), as the mandatory respondents in this administrative
review.\3\
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate from France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 21609 (April 11, 2023).
\3\ See Memorandum, ``Respondent Selection,'' dated June 14,
2023.
---------------------------------------------------------------------------
On September 22, 2023, Commerce extended the deadline for issuance
of the preliminary results of this review by 120 days until February
28, 2024, in accordance with 19 CFR 351.213(h)(2).\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated September 22, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included in the appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Certain Cut-To-Length Carbon-Quality Steel Plate from the
Republic of Korea; 2022,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by this Order is certain cut-to-length carbon-
quality steel plate. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
On July 10, 2023, the domestic interested parties \6\ timely
withdrew
[[Page 15826]]
their request for an administrative review of BDP International and
Sung Jin Steel Co., Ltd. No other party requested a review of these
companies. Accordingly, we are rescinding this review, in part, with
respect to BDP International and Sung Jin Steel Co., Ltd., pursuant to
19 CFR 351.213(d)(1). For further information, see ``Partial Rescission
of Administrative Review'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ The domestic interested parties are Nucor Corporation
(Nucor), SSAB Enterprises, LLC, and Cleveland-Cliffs Inc.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this CVD administrative review in accordance
with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, we
preliminarily determine that there is a subsidy, i.e., a financial
contribution by an ``authority'' that confers a benefit to the
recipient, and that the subsidy is specific.\7\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates for the period January 1,
2022, through December 31, 2022:
------------------------------------------------------------------------
Net
countervailable
Company subsidy rate
(percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd........................... 1.93
Hyundai Steel Company \8\............................. 2.21
------------------------------------------------------------------------
Assessment Rate
---------------------------------------------------------------------------
\8\ Commerce preliminarily finds Hyundai Green Power to be
cross-owned with Hyundai Steel. See the Preliminary Decision
Memorandum at 7.
---------------------------------------------------------------------------
In accordance with 19 CFR 351.221(b)(4)(i), Commerce has
preliminarily assigned subsidy rates as indicated above. Consistent
with section 751(a)(2)(C) of the Act, upon issuance of the final
results, Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
For the companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2022, through December 31,
2022, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to
issue rescission instructions to CBP no earlier than 35 days after the
date of publication of the notice of rescission in the Federal
Register.
Cash Deposit Rate
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this 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 deposit instructions, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\9\
Interested parties will be notified of the timeline for the submission
of case briefs and written comments at a later date. 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 contents listing each issue; and (2) a
table of authorities.\11\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO, Service, and Other Procedures).
\11\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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, Service, and Other Procedures.
---------------------------------------------------------------------------
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. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Final Results
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Verification
On July 20, 2023, Nucor requested that Commerce conduct
verification in this review of DSM, Hyundai Steel, and the Government
of Korea.\14\ Accordingly, as provided in section 782(i)(3) of the Act,
Commerce intends to verify certain of the information relied upon for
its final results.
---------------------------------------------------------------------------
\14\ See Nucor's Letter, ``Request for Verification,'' dated
July 20, 2023.
---------------------------------------------------------------------------
Notification to Interested Parties
These preliminary results and notice are issued and published in
accordance
[[Page 15827]]
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. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Diversification of Korea's Economy
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2024-04622 Filed 3-4-24; 8:45 am]
BILLING CODE 3510-DS-P