Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 47131-47133 [2024-11991]
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Federal Register / Vol. 89, No. 106 / Friday, May 31, 2024 / Notices
review. If the weighted-average
dumping margin for a mandatory
respondent is not zero or de minimis in
the final results of this review, we will
calculate an importer-specific
assessment rate on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1).12 If the weighted-average
dumping margin is zero or de minimis
in the final results of review, or if an
importer-specific assessment rate is zero
or de minimis, Commerce will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.13
For entries of subject merchandise
during the POR produced by the
respondent(s) for which it did not know
its merchandise was destined for the
United States, we will instruct CBP to
liquidate such entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.14 The final results of
this administrative review shall be the
basis for the assessment of antidumping
duties on entries of merchandise under
review and for future cash deposits of
estimated antidumping duties, where
applicable.
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 Requirements
khammond on DSKJM1Z7X2PROD with NOTICES
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the final results of this administrative
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merchandise entered, or withdrawn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 companies subject
to this review will be equal to the
company-specific weighted-average
dumping margin established in the final
12 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
13 Id. 77 FR at 8102–03; see also 19 CFR
351.106(c)(2).
14 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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17:22 May 30, 2024
Jkt 262001
results of this administrative review; (2)
for merchandise exported by a company
not covered in this review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review, a prior review,
or the less-than-fair-value investigation
but the producer is, then the cash
deposit rate will be the rate established
in the most recently completed segment
of the proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 112.11 percent, the
all-others rate established in the lessthan-fair-value investigation.15 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 duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h)(2) and 19 CFR
351.221(b)(4).
Dated: May 23, 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024–11945 Filed 5–30–24; 8:45 am]
BILLING CODE 3510–DS–P
15 See Mattresses from Serbia: Final Affirmative
Determination of Sales at Less Than Fair Value,
and Final Negative Finding of Critical
Circumstances, 86 FR 15892 (March 25, 2021).
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47131
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–888]
Certain Carbon and Alloy Steel Cut-toLength Plate From the Republic of
Korea: Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2022
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to certain
producers and exporters of certain
carbon and alloy steel cut-to-length
plate (CTL plate) from the Republic of
Korea (Korea) during the period of
review (POR) January 1, 2022, through
December 31, 2022. In addition,
Commerce is rescinding this review
with respect to 48 companies. Interested
parties are invited to comment on these
preliminary results of review.
DATES: Applicable May 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery or Laurel Smalley,
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) 482–1537 or
(202) 482–3456, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 25, 2017, Commerce
published a countervailing duty (CVD)
order on CTL plate from Korea.1 On July
12, 2023, Commerce published a notice
of initiation of an administrative review
of the Order.2 We initiated an
administrative review of 50 producers/
exporters of CTL plate from Korea for
the POR. On August 15, 2023,
Commerce selected POSCO Co., Ltd.
(POSCO) as the sole mandatory
respondent in this administrative
review.3 On December 20, 2023,
Commerce extended the deadline for the
preliminary results of this review to no
later than May 24, 2024.4
1 See Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea:
Countervailing Duty Order, 82 FR 24103 (May 25,
2017) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
44262, 44271 (July 12, 2023).
3 See Memorandum, ‘‘Respondent Selection,’’
dated August 15, 2023.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
E:\FR\FM\31MYN1.SGM
Continued
31MYN1
47132
Federal Register / Vol. 89, No. 106 / Friday, May 31, 2024 / Notices
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 at Appendix
I. 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.
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.
Scope of the Order
The merchandise covered by the
Order is CTL plate. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties for these preliminary
results within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
Rescission of Administrative Review, in
Part
On September 14, 2023, Commerce
notified interested parties that we
intended to rescind this administrative
review for 48 companies for which the
record information shows no suspended
entries of subject merchandise during
the POR.6 No parties commented on the
notification of the intent to rescind the
review, in part. Therefore, we find that
there were no entries of subject
merchandise during the POR by the 48
companies listed in Appendix II. As a
result of our finding, we are rescinding
this review, in part, pursuant to 19 CFR
351.213(d)(3) with respect to these
companies. For further information
regarding this determination, see
‘‘Rescission of Administrative Review,
In Part’’ section in the Preliminary
Decision Memorandum.
khammond on DSKJM1Z7X2PROD with NOTICES
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
government-provided financial
contribution that gives rise to a benefit
Administrative Review; 2022,’’ dated December 20,
2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Republic of
Korea; 2022:, ’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
6 See Memorandum, ‘‘Notice of Intent to Rescind
Review, in Part,’’ dated September 14, 2023.
VerDate Sep<11>2014
17:22 May 30, 2024
Jkt 262001
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
net countervailable subsidy rate exists
for the POR, January 1, 2022, through
December 31, 2022:
Manufacturer/exporter
Countervailable
subsidy rate
(percent
ad valorem)
POSCO 8 .........................
1.47
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Pursuant to 19 CFR
351.309(c), 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 no
later than seven days after the date for
filing case briefs.10 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 As discussed in the Preliminary Decision
Memorandum, Commerce preliminarily finds the
following companies to be cross-owned with
POSCO: POSCO Chemical Co., Ltd.; POSCO
Holdings Inc.; POSCO Mobility Solution Co., Ltd.;
POSCO M-Tech Co., Ltd.; and POSCO Nippon Steel
RHF Joint Venture Co., Ltd. The subsidy rate
applies to all cross-owned companies. We note that
POSCO has an affiliated trading company through
which it exported certain subject merchandise
during the POR, POSCO International (aka POSCO
International Corporation). POSCO International
was not selected as a mandatory respondent but
was examined in the context of POSCO. Therefore,
there is not an established CVD rate for POSCO
International; POSCO International’s subsidies are
accounted for in POSCO’s total subsidy rate.
Instead, entries of subject merchandise exported by
POSCO International will receive the rate of the
producer listed on the U.S. Customs and Border
Protection (CBP) entry form. Thus, the subsidy rate
applied to POSCO and POSCO’s cross-owned
affiliates is also applied to POSCO International for
entries of subject merchandise produced by POSCO.
9 See 19 CFR 351.309(c)(1)(ii).
10 See 19 CFR 351.309(d)(1) and (2).
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Frm 00012
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briefs. 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
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
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public 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 public 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 251.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, using Enforcement and
Compliance’s ACCESS system within 30
days of publication of this notice.14
Requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; (3)
whether any participant is a foreign
national; and (4) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case and rebuttal briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm the date and time of the hearing
two days before the scheduled date.
Parties are reminded that all briefs
and hearing requests must be filed
electronically using ACCESS 15 and
must be served on interested parties.16
Electronically filed documents must be
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 Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069,
67077 (September 29, 2023).
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.303.
16 See 19 CFR 351.303(f).
12 We
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31MYN1
Federal Register / Vol. 89, No. 106 / Friday, May 31, 2024 / Notices
received successfully in their entirety by
5:00 p.m. Eastern Time on the
established deadline.
Final Results
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised by the parties in any
written briefs, no later than 120 days
after the date of publication of these
preliminary results.
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producers/
exporters shown above. Upon
completion of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP
shall assess, countervailing duties on all
appropriate entries covered by this
review, for the above-listed companies.
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)(l)(i). We intend to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of this notice in the Federal
Register.
For the companies remaining in the
review, we intend to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts calculated in the final results
for the companies listed above on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
VerDate Sep<11>2014
17:22 May 30, 2024
Jkt 262001
publication of the final results of this
review, except, where the rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required. 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.
Notification to Interested Parties
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213(d)(4) and
351.221(b)(4).
Dated: May 24, 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 I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Diversification of Korea’s Economy
VI. Rescission of the Administrative Review,
In Part
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies for Which Commerce Is
Rescinding the Review
1. Ajin Industrial Co., Ltd.
2. BDP International
3. Blue Track Equipment
4. Boxco, Inc.
5. Bukook Steel Co., Ltd.
6. Buma CE Co., Ltd.
7. China Chengdu International TechnoEconomic Cooperation Co., Ltd.
8. Daehan I.M. Co., Ltd.
9. Daehan Tex Co., Ltd.
10. Daelim Industrial Co., Ltd.
11. Daesam Industrial Co., Ltd.
12. Daesin Lighting Co., Ltd.
13. Daewoo International Corp.
14. Dong Yang Steel Pipe
15. DKC
16. DK Corporation
17. DK Dongshin Co., Ltd.
18. Dongbu Steel Co., Ltd.
19. Dongkuk Industries Co., Ltd.
20. Dongkuk Steel Mill Co., Ltd.
21. EAE Automotive Equipment
22. EEW KHPC Co., Ltd.
23. Eplus Expo Inc.
24. GS Global Corp.
25. Haem Co., Ltd.
26. Han Young Industries
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Fmt 4703
Sfmt 4703
47133
27. Hyosung Corp.
28. Hyundai Steel Co.
29. Jinmyung Frictech Co., Ltd.
30. Khana Marine Ltd.
31. Kindus Inc.
32. Korean Iron and Steel Co., Ltd.
33. Kyoungil Precision Co., Ltd.
34. LG Electronics Inc.
35. Menics
36. Qian’an Rentai Metal Products Co., Ltd.
37. Samsun C&T Corp.
38. Samsung Electronics Co., Ltd.
39. Shinko
40. Shipping Imperial Co., Ltd.
41. Sinchang Eng Co., Ltd.
42. SK Networks Co., Ltd.
43. SNP Ltd.
44. Steel N People Ltd.
45. Summit Industry
46. Sungjin Co., Ltd.
47. Wonbang Tech Co., Ltd.
48. Young Sun Steel
[FR Doc. 2024–11991 Filed 5–30–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE002]
32nd General Advisory Committee to
the U.S. Section to the Inter-American
Tropical Tuna Commission and 17th
Scientific Advisory Subcommittee to
the General Advisory Committee;
Meeting Announcement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
NMFS announces a public
meeting of the 32nd General Advisory
Committee (GAC) to the U.S. Section to
the Inter-American Tropical Tuna
Commission (IATTC) and the 17th
Scientific Advisory Subcommittee
(SAS) to the GAC. This meeting will be
held on July 22 and 23, 2024, via
webinar. The meeting topics are
described under the SUPPLEMENTARY
INFORMATION section of this notice.
DATES: The virtual meeting of the SAS
and GAC will be held on Monday July
22, 2024, and Tuesday July 23, 2024,
from 9 a.m. to 1 p.m. PDT each day (or
until business is concluded). You must
complete the registration process by
June 17, 2024, if you plan to attend the
meeting (see ADDRESSES).
ADDRESSES: If you plan to attend the
meeting, which will be held by webinar,
please register at https://forms.gle/
DpUoHLpXrMNyRBJ79. Instructions for
attending the meeting will be emailed to
meeting participants before the meeting
occurs. This meeting may be audio
SUMMARY:
E:\FR\FM\31MYN1.SGM
31MYN1
Agencies
[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Notices]
[Pages 47131-47133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11991]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-888]
Certain Carbon and Alloy Steel Cut-to-Length Plate From the
Republic of Korea: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to certain
producers and exporters of certain carbon and alloy steel cut-to-length
plate (CTL plate) from the Republic of Korea (Korea) during the period
of review (POR) January 1, 2022, through December 31, 2022. In
addition, Commerce is rescinding this review with respect to 48
companies. Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable May 31, 2024.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Laurel Smalley,
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) 482-1537
or (202) 482-3456, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2017, Commerce published a countervailing duty (CVD)
order on CTL plate from Korea.\1\ On July 12, 2023, Commerce published
a notice of initiation of an administrative review of the Order.\2\ We
initiated an administrative review of 50 producers/exporters of CTL
plate from Korea for the POR. On August 15, 2023, Commerce selected
POSCO Co., Ltd. (POSCO) as the sole mandatory respondent in this
administrative review.\3\ On December 20, 2023, Commerce extended the
deadline for the preliminary results of this review to no later than
May 24, 2024.\4\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May
25, 2017) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262, 44271 (July 12, 2023).
\3\ See Memorandum, ``Respondent Selection,'' dated August 15,
2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2022,'' dated
December 20, 2023.
---------------------------------------------------------------------------
[[Page 47132]]
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 at Appendix I. 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 Countervailing Duty Administrative Review of Certain
Carbon and Alloy Steel Cut-to-Length Plate from the Republic of
Korea; 2022:, '' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is CTL plate. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, in Part
On September 14, 2023, Commerce notified interested parties that we
intended to rescind this administrative review for 48 companies for
which the record information shows no suspended entries of subject
merchandise during the POR.\6\ No parties commented on the notification
of the intent to rescind the review, in part. Therefore, we find that
there were no entries of subject merchandise during the POR by the 48
companies listed in Appendix II. As a result of our finding, we are
rescinding this review, in part, pursuant to 19 CFR 351.213(d)(3) with
respect to these companies. For further information regarding this
determination, see ``Rescission of Administrative Review, In Part''
section in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated September 14, 2023.
---------------------------------------------------------------------------
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 government-
provided financial contribution that gives rise to 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 rate exists for the POR, January
1, 2022, through December 31, 2022:
---------------------------------------------------------------------------
\8\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds the following companies to be cross-
owned with POSCO: POSCO Chemical Co., Ltd.; POSCO Holdings Inc.;
POSCO Mobility Solution Co., Ltd.; POSCO M-Tech Co., Ltd.; and POSCO
Nippon Steel RHF Joint Venture Co., Ltd. The subsidy rate applies to
all cross-owned companies. We note that POSCO has an affiliated
trading company through which it exported certain subject
merchandise during the POR, POSCO International (aka POSCO
International Corporation). POSCO International was not selected as
a mandatory respondent but was examined in the context of POSCO.
Therefore, there is not an established CVD rate for POSCO
International; POSCO International's subsidies are accounted for in
POSCO's total subsidy rate. Instead, entries of subject merchandise
exported by POSCO International will receive the rate of the
producer listed on the U.S. Customs and Border Protection (CBP)
entry form. Thus, the subsidy rate applied to POSCO and POSCO's
cross-owned affiliates is also applied to POSCO International for
entries of subject merchandise produced by POSCO.
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Countervailable
subsidy rate
Manufacturer/exporter (percent ad
valorem)
------------------------------------------------------------------------
POSCO \8\........................................... 1.47
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c), 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 no later than
seven days after the date for filing case briefs.\10\ Pursuant to 19
CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in
the case briefs. 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\
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1) and (2).
\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 public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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 Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069, 67077 (September 29, 2023).
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Pursuant to 19 CFR 251.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
using Enforcement and Compliance's ACCESS system within 30 days of
publication of this notice.\14\ Requests should contain: (1) the
party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues to be discussed. Issues raised in the hearing will
be limited to those raised in the respective case and rebuttal briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a time and date to be determined. Parties should confirm the
date and time of the hearing two days before the scheduled date.
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\14\ See 19 CFR 351.310(c).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS \15\ and must be served on interested
parties.\16\ Electronically filed documents must be
[[Page 47133]]
received successfully in their entirety by 5:00 p.m. Eastern Time on
the established deadline.
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\15\ See 19 CFR 351.303.
\16\ See 19 CFR 351.303(f).
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Final Results
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Upon completion of the administrative review,
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and CBP shall assess, countervailing duties
on all appropriate entries covered by this review, for the above-listed
companies.
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)(l)(i). We intend to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
For the companies remaining in the review, we intend to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts calculated
in the final results for the companies listed above on shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review, except, where the rate calculated in the final results is
zero or de minimis, no cash deposit will be required. 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.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(d)(4) and 351.221(b)(4).
Dated: May 24, 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 I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Diversification of Korea's Economy
VI. Rescission of the Administrative Review, In Part
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies for Which Commerce Is Rescinding the Review
1. Ajin Industrial Co., Ltd.
2. BDP International
3. Blue Track Equipment
4. Boxco, Inc.
5. Bukook Steel Co., Ltd.
6. Buma CE Co., Ltd.
7. China Chengdu International Techno-Economic Cooperation Co., Ltd.
8. Daehan I.M. Co., Ltd.
9. Daehan Tex Co., Ltd.
10. Daelim Industrial Co., Ltd.
11. Daesam Industrial Co., Ltd.
12. Daesin Lighting Co., Ltd.
13. Daewoo International Corp.
14. Dong Yang Steel Pipe
15. DKC
16. DK Corporation
17. DK Dongshin Co., Ltd.
18. Dongbu Steel Co., Ltd.
19. Dongkuk Industries Co., Ltd.
20. Dongkuk Steel Mill Co., Ltd.
21. EAE Automotive Equipment
22. EEW KHPC Co., Ltd.
23. Eplus Expo Inc.
24. GS Global Corp.
25. Haem Co., Ltd.
26. Han Young Industries
27. Hyosung Corp.
28. Hyundai Steel Co.
29. Jinmyung Frictech Co., Ltd.
30. Khana Marine Ltd.
31. Kindus Inc.
32. Korean Iron and Steel Co., Ltd.
33. Kyoungil Precision Co., Ltd.
34. LG Electronics Inc.
35. Menics
36. Qian'an Rentai Metal Products Co., Ltd.
37. Samsun C&T Corp.
38. Samsung Electronics Co., Ltd.
39. Shinko
40. Shipping Imperial Co., Ltd.
41. Sinchang Eng Co., Ltd.
42. SK Networks Co., Ltd.
43. SNP Ltd.
44. Steel N People Ltd.
45. Summit Industry
46. Sungjin Co., Ltd.
47. Wonbang Tech Co., Ltd.
48. Young Sun Steel
[FR Doc. 2024-11991 Filed 5-30-24; 8:45 am]
BILLING CODE 3510-DS-P