Certain Corrosion-Resistant Steel Products From the Republic of Korea: Preliminary Results of the Countervailing Duty Administrative Review; 2022, 65586-65588 [2024-17858]
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Federal Register / Vol. 89, No. 155 / Monday, August 12, 2024 / Notices
domestic interested party 3 timely
submitted a notice of intent to
participate in,4 and an adequate
substantive response regarding, the
reviews.5 The Coalition claimed
domestic interested party status under
section 771(9)(C) of the Act as producers
of the domestic like product in the
United States.6 Commerce did not
receive a substantive response from any
respondent interested party, nor was a
hearing requested. Consequently, on
May 22, 2024, Commerce notified the
U.S. International Trade Commission
that it did not receive an adequate
substantive response from any
respondent interested parties.7 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of the Orders. On July 22,
2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.8 The
deadline for the final results is now
August 6, 2024.
khammond on DSKJM1Z7X2PROD with NOTICES
Scope of the Orders
The merchandise covered by the
Orders is certain wind towers, whether
or not tapered, and sections thereof.
Merchandise covered by the Orders is
currently classified in the Harmonized
Tariff System of the United States
(HTSUS) under subheadings
7308.20.002010 or 8502.31.0000.11.
Prior to 2011, merchandise covered by
the Orders was classified in the HTSUS
under subheading 7308.20.0000 and
may continue to be to some degree.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
subject merchandise is dispositive. For
a complete description of the scope of
the Order, see the Issues and Decision
Memorandum.9
3 The domestic interested party is the Wind
Tower Trade Coalition (Coalition), whose
individual members are Arcosa Wind Towers, LLC,
Broadwind Inc., and Ventower Industries LLC
(Ventower).
4 See Coalition’s Letter, ‘‘Notice of Intent to
Participate in Sunset Review,’’ dated April 15,
2024. (Note the Coalition also identified Ventower
Industries LLC as a domestic producer and
interested party.).
5 See Coalition’s Letter, ‘‘Substantive Response to
Notice of Initiation of Sunset Review,’’ dated April
30, 2024.
6 Id.
7 See Commerce’s Letter, Sunset Reviews for
April 2024,’’ dated May 22, 2024; see also 19 CFR
351.218(e)(1)(ii)(C)(1).
8 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
9 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Second Sunset Reviews of the Antidumping Duty
Orders on Utility Scale Wind Towers from the
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Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum. A list of topics discussed
in the Issues and Decision
Memorandum is included in the
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via the Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1),
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Orders
would likely lead to continuation or
recurrence of dumping, and that the
magnitude of the dumping margins
likely to prevail are weighted-average
dumping margins up to 60.02 percent
for China and up to 58.54 percent for
Vietnam.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a).
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing the
final results and this notice in
accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act, and 19 CFR
351.218(e)(1)(ii)(C)(2) and 19 CFR
351.221(c)(5)(ii).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins of Dumping
Likely To Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2024–17856 Filed 8–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–879]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Preliminary Results of the
Countervailing Duty Administrative
Review; 2022
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain
corrosion-resistant steel products
(CORE) from the Republic of Korea
(Korea). The period of review (POR) is
January 1, 2022, through December 31,
2022. Additionally, Commerce intends
to rescind the review with respect to
two companies.
SUMMARY:
Applicable August 12, 2024.
FOR FURTHER INFORMATION CONTACT:
Shane Subler or Rachel Accorsi,
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) 482–6241 or
(202) 482–3149, respectively.
DATES:
SUPPLEMENTARY INFORMATION:
Background
People’s Republic of China and the Socialist
Republic of Vietnam,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
In July 2023, Commerce received
requests for an administrative review of
the countervailing duty order on CORE
E:\FR\FM\12AUN1.SGM
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Federal Register / Vol. 89, No. 155 / Monday, August 12, 2024 / Notices
from Korea.1 On September 11, 2023,
Commerce published a notice of
initiation of an administrative review of
the Order.2 Commerce selected KG
Dongbu Steel Co., Ltd. (KG Dongbu
Steel) and Hyundai Steel Company as
mandatory respondents.3 On February
29, 2024, Commerce extended the
deadline for the preliminary results of
this review until July 30, 2024.4 On July
22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.5 The
deadline for the preliminary results is
now August 6, 2024.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is included as an
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 merchandise covered by the
Order is certain corrosion-resistant steel
products. For a complete description of
the scope of the Order, see the
Preliminary Decision Memorandum.
khammond on DSKJM1Z7X2PROD with NOTICES
Preliminary Intent To Rescind
Administrative Review, in Part
Based on our analysis of U.S. Customs
and Border Protection (CBP) data, we
preliminarily determine that two
companies (POSCO International and
SeAH Steel Corporation) had no
1 See Certain Corrosion-Resistant Steel Products
from India, Italy Republic of Korea and the People’s
Republic of China: Countervailing Duty Order, 81
FR 48387 (July 25, 2016) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
62322 (September 11, 2023) (Initiation Notice).
3 See Memorandum, ‘‘Respondent Selection,’’
dated October 20, 2023 (Respondent Selection
Memorandum).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated February 29, 2024.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on Certain
Corrosion-Resistant Steel Products from the
Republic of Korea; 2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
VerDate Sep<11>2014
17:30 Aug 09, 2024
Jkt 262001
reviewable shipments, sales, or entries
of subject merchandise during the POR.
Absent any comments to the contrary
from interested parties, pursuant to 19
CFR 351.213(d)(3), we intend to rescind
the administrative review of these
companies in the final results of
review.7
Methodology
Commerce is conducting this 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
from an authority that gives rise to a
benefit to the recipient, and that the
subsidy is specific.8 For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Rate for Non-Selected Companies
Under Review
The statute and Commerce’s
regulations do not directly address the
countervailing duty rates to be applied
to companies not selected for individual
examination where Commerce limits its
examination in an administrative review
pursuant to section 777A(e)(2) of the
Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation. Section 777A(e)(2) of the
Act provides that ‘‘the individual
countervailable subsidy rates
determined under subparagraph (A)
shall be used to determine the all-others
rate under section 705(c)(5) {of the
Act}.’’ Section 705(c)(5)(A) of the Act
states that for companies not
investigated, in general, we will
determine an all-others rate by weightaveraging the countervailable subsidy
rates established for each of the
companies individually investigated,
excluding zero and de minimis rates or
any rates based solely on the facts
available.
Because the rates for KG Dongbu Steel
and Hyundai Steel are above de minimis
and not based entirely on facts
available, we applied a subsidy rate to
the non-selected companies under
review based on a weighted average of
the subsidy rates calculated for these
7 See Preliminary Decision Memorandum at
section ‘‘Preliminary Intent to Rescind
Administrative Review, in Part.’’
8 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.
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Fmt 4703
Sfmt 4703
65587
mandatory respondents using the
publicly ranged sales data they
submitted on the record.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the net
countervailable subsidy rates for the
period January 1, 2022, through
December 31, 2022 to be:
Company
KG Dongbu Steel Co., Ltd.;
KG Steel Corporation ........
Hyundai Steel Company 9 ....
POSCO .................................
POSCO Coated & Color
Steel Co., Ltd ....................
POSCO Steeleon Co., Ltd ...
SeAH Coated Metal Corporation .............................
Subsidy rate
(percent ad
valorem)
5.49
0.80
2.68
2.68
2.68
2.68
Disclosure and Public Comment
Commerce intends to disclose its
calculations 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 the
Federal Register in accordance with 19
CFR 351.224(b).
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance.10 A timeline for the
submission of case briefs and written
comments will be notified to interested
parties 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.11 Interested parties that 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.12
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 We treated Hyundai Steel, Hyundai Steel
Company, and Hyundai Steel Co., Ltd. as minor
variations of the same name at respondent
selection. See Respondent Selection Memorandum
at Attachment; see also Initiation Notice, 88 FR at
62333.
10 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 for general filing requirements.
11 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 and
Service Procedures).
12 See 19 CFR 351.309(c)(2) and (d)(2).
E:\FR\FM\12AUN1.SGM
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65588
Federal Register / Vol. 89, No. 155 / Monday, August 12, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.13 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).14
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.
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 and 19 CFR
351.213(h).
Assessment Rate
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 companies for which this
review is rescinded, we will instruct
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
14 See APO and Service Procedures.
VerDate Sep<11>2014
17:30 Aug 09, 2024
Jkt 262001
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 for
these companies no earlier than 35 days
after the date of publication of the final
results of this review in the Federal
Register.
For the companies remaining in the
review, we will instruct CBP to assess
countervailing duties on all appropriate
entries at the subsidy rates calculated in
the final results of this 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
In accordance with section 751(a)(1)
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 shown for each of the
respective 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
administrative review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits at the
most recent company-specific or all
others rate applicable to the company.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Preliminary Intent To Rescind
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Administrative Review, in Part
IV. Scope of the Order
V. Diversification of Korea’s Economy
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024–17858 Filed 8–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–874]
Certain Steel Nails From the Republic
of Korea: Preliminary Results of
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain producers/exporters
subject to this administrative review
made sales of subject merchandise at
less than normal value (NV) during the
period of review (POR), July 1, 2022,
through June 30, 2023. In addition,
Commerce is rescinding the review, in
part, with respect to 116 companies
which had no entries in the U.S.
Customs and Border Protection (CBP)
data. We invite interested parties to
comment on these preliminary results.
DATES: Applicable August 12, 2024.
FOR FURTHER INFORMATION CONTACT:
Anne Entz or Ian Riggs, AD/CVD
Operations, Office IX, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3845 or (202) 482–3810,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 13, 2015, Commerce
published the antidumping duty order
on certain steel nails (steel nails) from
the Republic of Korea (Korea) in the
Federal Register.1 On September 11,
2023, based on timely requests for
review, we initiated an administrative
review of the Order covering 123
companies, in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).2 On March 18, 2024,
1 See Certain Steel Nails from the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 80 FR 39994 (July 13,
2015) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
62322 (September 11, 2023).
E:\FR\FM\12AUN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Notices]
[Pages 65586-65588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17858]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-879]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Preliminary Results of the 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
producers and exporters of certain corrosion-resistant steel products
(CORE) from the Republic of Korea (Korea). The period of review (POR)
is January 1, 2022, through December 31, 2022. Additionally, Commerce
intends to rescind the review with respect to two companies.
DATES: Applicable August 12, 2024.
FOR FURTHER INFORMATION CONTACT: Shane Subler or Rachel Accorsi, 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) 482-6241 or (202)
482-3149, respectively.
SUPPLEMENTARY INFORMATION:
Background
In July 2023, Commerce received requests for an administrative
review of the countervailing duty order on CORE
[[Page 65587]]
from Korea.\1\ On September 11, 2023, Commerce published a notice of
initiation of an administrative review of the Order.\2\ Commerce
selected KG Dongbu Steel Co., Ltd. (KG Dongbu Steel) and Hyundai Steel
Company as mandatory respondents.\3\ On February 29, 2024, Commerce
extended the deadline for the preliminary results of this review until
July 30, 2024.\4\ On July 22, 2024, Commerce tolled certain deadlines
in this administrative proceeding by seven days.\5\ The deadline for
the preliminary results is now August 6, 2024.
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from India,
Italy Republic of Korea and the People's Republic of China:
Countervailing Duty Order, 81 FR 48387 (July 25, 2016) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 62322 (September 11, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated October 20,
2023 (Respondent Selection Memorandum).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
February 29, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an 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/.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Certain Corrosion-Resistant Steel Products 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 certain corrosion-resistant
steel products. For a complete description of the scope of the Order,
see the Preliminary Decision Memorandum.
Preliminary Intent To Rescind Administrative Review, in Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
data, we preliminarily determine that two companies (POSCO
International and SeAH Steel Corporation) had no reviewable shipments,
sales, or entries of subject merchandise during the POR. Absent any
comments to the contrary from interested parties, pursuant to 19 CFR
351.213(d)(3), we intend to rescind the administrative review of these
companies in the final results of review.\7\
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum at section ``Preliminary
Intent to Rescind Administrative Review, in Part.''
---------------------------------------------------------------------------
Methodology
Commerce is conducting this 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 from
an authority that gives rise to a benefit to the recipient, and that
the subsidy is specific.\8\ For a full description of the methodology
underlying our conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ 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.
---------------------------------------------------------------------------
Rate for Non-Selected Companies Under Review
The statute and Commerce's regulations do not directly address the
countervailing duty rates to be applied to companies not selected for
individual examination where Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation. Section 777A(e)(2) of the Act
provides that ``the individual countervailable subsidy rates determined
under subparagraph (A) shall be used to determine the all-others rate
under section 705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of
the Act states that for companies not investigated, in general, we will
determine an all-others rate by weight-averaging the countervailable
subsidy rates established for each of the companies individually
investigated, excluding zero and de minimis rates or any rates based
solely on the facts available.
Because the rates for KG Dongbu Steel and Hyundai Steel are above
de minimis and not based entirely on facts available, we applied a
subsidy rate to the non-selected companies under review based on a
weighted average of the subsidy rates calculated for these mandatory
respondents using the publicly ranged sales data they submitted on the
record.
Preliminary Results of Review
As a result of this review, we preliminarily determine the net
countervailable subsidy rates for the period January 1, 2022, through
December 31, 2022 to be:
---------------------------------------------------------------------------
\9\ We treated Hyundai Steel, Hyundai Steel Company, and Hyundai
Steel Co., Ltd. as minor variations of the same name at respondent
selection. See Respondent Selection Memorandum at Attachment; see
also Initiation Notice, 88 FR at 62333.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
KG Dongbu Steel Co., Ltd.; KG Steel Corporation......... 5.49
Hyundai Steel Company \9\............................... 0.80
POSCO................................................... 2.68
POSCO Coated & Color Steel Co., Ltd..................... 2.68
POSCO Steeleon Co., Ltd................................. 2.68
SeAH Coated Metal Corporation........................... 2.68
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Disclosure and Public Comment
Commerce intends to disclose its calculations 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 the Federal
Register in accordance with 19 CFR 351.224(b).
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\10\ A timeline for
the submission of case briefs and written comments will be notified to
interested parties 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.\11\ Interested parties that 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.\12\
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\10\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\11\ 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 and Service Procedures).
\12\ 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
[[Page 65588]]
instead request that interested parties provide at the beginning of
their briefs a public, executive summary for each issue raised in their
briefs.\13\ 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).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Procedures.
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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. 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.
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 and 19 CFR
351.213(h).
Assessment Rate
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 companies for which this review is rescinded, we 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 for these companies no earlier than 35
days after the date of publication of the final results of this review
in the Federal Register.
For the companies remaining in the review, we will instruct CBP to
assess countervailing duties on all appropriate entries at the subsidy
rates calculated in the final results of this 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
In accordance with section 751(a)(1) 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 shown for
each of the respective 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
administrative review. For all non-reviewed firms, we will instruct CBP
to continue to collect cash deposits at the most recent company-
specific or all others rate applicable to the company. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Preliminary Intent To Rescind Administrative Review, in Part
IV. Scope of the Order
V. Diversification of Korea's Economy
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-17858 Filed 8-9-24; 8:45 am]
BILLING CODE 3510-DS-P
