Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 82566-82569 [2024-23565]

Download as PDF 82566 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Notices the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On June 14, 2024, Commerce received a notice of intent to participate from Magnum Magnetics Corporation (the domestic interested party), within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The domestic interested party claimed interested party status under section 771(9)(C) of the Act as a U.S. producer of the domestic like product.4 On June 28, 2024, Commerce received an adequate substantive response from the domestic interested party within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 Commerce did not receive a substantive response from any other interested party in this proceeding, and no party requested a hearing. On July 23, 2024, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.6 As a result, Commerce conducted an expedited (120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii) (C)(2). On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.7 The deadline for the final results is now October 8, 2024. Scope of the Order The merchandise covered by this order is raw flexible magnets. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.8 ddrumheller on DSK120RN23PROD with NOTICES1 Analysis of Comments Received A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of countervailable subsidies in the event of revocation of the Order and the countervailable subsidy rates likely to prevail if the Order were 2 See Initiation of Five-Year (Sunset) Reviews, 89 FR 47525 (June 3, 2024). 3 See Domestic Interested Party’s Letter, ‘‘Notice of Intent to Participate,’’ dated June 14, 2024. 4 Id. at 2. 5 See Domestic Interested Party’s Letter, ‘‘Domestic Industry Substantive Response,’’ dated June 28, 2024. 6 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on June 3, 2024,’’ dated July 23, 2024. 7 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 8 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Third Sunset Review of the Countervailing Duty Order on Raw Flexible Magnets from the People’s Republic of China,’’ dated concurrently with, and adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:15 Oct 10, 2024 Jkt 265001 revoked, is provided in the Issues and Decision Memorandum. A list of the topics discussed in the Issues and Decision Memorandum is attached as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), which 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) and 752(b) of the Act, we determine that revocation of the Order would be likely to lead to continuation or recurrence of a countervailable subsidies at the following net countervailable subsidy rates: Producers/exporters Net countervailable subsidy rate (percent ad valorem) Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Rates Likely to Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review VIII. Recommendation [FR Doc. 2024–23567 Filed 10–10–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–882] Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty 109.95 Administrative Review; 2022 China Ningbo Cixi Import Export Corporation ................ Polyflex Magnets Ltd ............ All Others .............................. 109.95 109.95 Administrative Protective Order (APO) This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written 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 the terms of an APO is a violation subject to sanction. Notification to Interested Parties Commerce is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218. PO 00000 Dated: October 7, 2024. Dawn Shackleford, Executive Director for Trade Agreements Policy and Negotiations. Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea). The period of review (POR) is January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding the review, in part, with respect to 45 companies. Interested parties are invited to comment on these preliminary results. SUMMARY: DATES: Applicable October 11, 2024. FOR FURTHER INFORMATION CONTACT: Samuel Evans, 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) 482–2420. SUPPLEMENTARY INFORMATION: Background On November 15, 2023, based on timely requests for review, Commerce initiated this administrative review of the countervailing duty (CVD) order on Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Notices cold-rolled steel from Korea.1 On December 18, 2023, Commerce selected Hyundai Steel Company (Hyundai Steel) and POSCO/POSCO International Corporation (POSCO) as the mandatory respondents in this review.2 On May 9, 2024, Commerce extended the deadline for the preliminary results of this review.3 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceedings by seven days.4 The deadline for the preliminary results is now October 4, 2024. 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 as Appendix I 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 6 The merchandise covered by the Order is cold-rolled steel from Korea. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. ddrumheller on DSK120RN23PROD with NOTICES1 Partial Rescission of Administrative Review In accordance with 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 78308 (November 15, 2023). 2 See Memorandum, ‘‘Respondent Selection,’’ dated December 18, 2023. 3 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of 2022 Countervailing Duty Administrative Review,’’ dated May 9, 2024. 4 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review; 2022: Certain Cold-Rolled Steel Flat Products from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 6 See Certain Cold-Rolled Steel Flat Products from Brazil, India, and the Republic of Korea: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order (the Republic of Korea) and Countervailing Duty Orders (Brazil and India), 81 FR 64436 (September 20, 2016) (Order). VerDate Sep<11>2014 17:15 Oct 10, 2024 Jkt 265001 initiation of the requested review in the Federal Register. On February 13, 2024, the petitioners withdrew their requests for review by the 90-day withdrawal deadline for the companies identified in Appendix II.7 Because the petitioners timely withdrew their requests for a review of these companies, and no other party requested a review of them, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review, in part, with respect to these companies. Furthermore, pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an administrative review when there are no entries of subject merchandise during the POR for which liquidation is suspended.8 Normally, upon completion of an administrative review, the suspended entries are liquidated at the antidumping duty assessment rate calculated for the review period.9 Therefore, for an administrative review of a company to be conducted, there must be a suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the antidumping duty assessment rate calculated for the POR.10 On December 20, 2023, we notified parties, and invited comment, of our intent to rescind this administrative review with respect to certain companies because there were no suspended entries of subject merchandise produced or exported by these companies during the POR.11 No party commented on the Intent to Rescind Memorandum. Therefore, in the absence of any suspended entries of subject merchandise from the three companies identified in Appendix II, we are rescinding the administrative review for the three companies in accordance with 19 CFR 351.213(d)(3). 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, Commerce preliminarily determines that there is a subsidy, i.e., a financial 7 See Petitioner’s Letter, ‘‘Partial Withdrawal of Request for Administrative Review,’’ dated February 13, 2024, at 1–3. 8 See, e.g., Dioctyl Terephthalate from the Republic of Korea: Rescission of Antidumping Administrative Review; 2021–2022, 88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-to Length Plate from the Federal Republic of Germany: Recission of Antidumping Administrative Review; 2020–2021, 88 FR 4157 (January 24, 2023). 9 See 19 CFR 351.212(b)(2). 10 See 19 CFR 351.213(d)(3). 11 See Memorandum, ‘‘Notice of Intent to Rescind Review, In Part,’’ dated December 20, 2023 (Intent to Rescind Memorandum). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 82567 contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.12 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Rate for Non-Examined Company The Act and Commerce’s regulations do not address the establishment of a rate to apply to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. Generally, Commerce looks to section 705(c)(5) of the Act, which provides instructions for calculating the all-others rate in a CVD investigation, for guidance when determining the rate for companies which were not selected for individual examination in an administrative review. 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 weight averaging the countervailable subsidy rates established for each of the companies individually investigated, excluding zero and de minimis rates or any rates based entirely on facts available. Accordingly, to determine the rate for companies not selected for individual examination, Commerce’s practice is to weight average the net subsidy rates for the selected mandatory respondents, excluding rates that are zero, de minimis, or based entirely on facts available.13 In this administrative review, Commerce calculated preliminary individual estimated countervailable subsidy rates for Hyundai Steel and POSCO that are not zero, de minimis, or based entirely on facts otherwise available. Therefore, Commerce preliminarily calculated the rate assigned to KG Dongbu Steel Co., Ltd. using a weighted average of the individual estimated subsidy rates calculated for the examined respondents using each company’s public ranged 12 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. 13 See, e.g., Certain Pasta from Italy: Final Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 37387 (June 29, 2010). E:\FR\FM\11OCN1.SGM 11OCN1 82568 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Notices to Commerce no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised Preliminary Results of Review in the case briefs, may be filed not later As a result of this review, we than five days after the date for filing preliminarily determine the net case briefs.17 Interested parties who countervailable subsidy rates for the submit case briefs or rebuttal briefs in period January 1, 2022, through this proceeding must submit: (1) a table December 31, 2022, to be: of contents listing each issue; and (2) a table of authorities.18 Subsidy rate As provided under 19 CFR Company (percent ad 351.309(c)(2) and (d)(2), in prior valorem) proceedings we have encouraged interested parties to provide an POSCO/POSCO International Corporation 15 ...... 1.48 executive summary of their briefs that Hyundai Steel Company 16 ... 2.21 should be limited to five pages total, KG Dongbu Steel Co., Ltd ... 1.73 including footnotes. In this review, we instead request that interested parties Disclosure and Public Comment provide at the beginning of their briefs a public, executive summary for each Commerce intends to disclose its issue raised in their briefs.19 Further, we calculations and analysis performed to request that interested parties limit their interested parties for these preliminary executive summary of each issue to no results within five days of any public more than 450 words, not including announcement or, if there is no public citations. We intend to use the executive announcement, within five days of the summaries as the basis of the comment date of publication of this notice in the summaries included in the issues and Federal Register in accordance with 19 decision memorandum that will CFR 351.224(b). accompany the final results in this Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs administrative review. We request that interested parties include footnotes for 14 With two respondents under examination, relevant citations in the executive Commerce normally calculates: (A) a weightedsummary of each issue. Note that average of the estimated subsidy rates calculated for Commerce has amended certain of its the examined respondents; (B) a simple average of requirements pertaining to the service of the estimated subsidy rates calculated for the documents in 19 CFR 351.303(f).20 examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the Pursuant to 19 CFR 351.310(c), examined respondents using each company’s interested parties who wish to request a publicly-ranged U.S. sale values for the hearing must submit a written request to merchandise under consideration. Commerce then the Assistant Secretary for Enforcement compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all and Compliance, filed electronically via other producers and exporters. See, e.g., Ball ACCESS by 5:00 p.m. Eastern Time Bearings and Parts Thereof from France, Germany, within 30 days after the date of Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final publication of this notice. Requests Results of Changed-Circumstances Review, and should contain: (1) the party’s name, Revocation of an Order in Part, 75 FR 53661, 53662 address, and telephone number; (2) the (September 1, 2010), and accompanying Issues and number of participants; and (3) a list of Decision Memorandum at Comment 1. As complete issues to be discussed. Oral publicly ranged sales data were available, Commerce based the review-specific rate on the presentations at the hearing will be publicly ranged sales data of the mandatory limited to issues raised in the briefs. If respondents. For a complete analysis of the data, a request for a hearing is made, see Memorandum, ‘‘Calculation of Subsidy Rate for Commerce will inform parties of the Company Not Selected for Individual Examination,’’ dated concurrently with this notice. scheduled date for the hearing.21 15 As discussed in the Preliminary Decision Unless the deadline in extended, Memorandum, Commerce has found the following pursuant to section 751(a)(3)(A) of the companies to be cross-owned with POSCO: POSCO Act and 19 CFR 351.213(h), we intend Chemical Co., Ltd., POSCO M-Tech, Pohang Scrap to issue the final results of this Recycling Distribution Center Co., Ltd., POSCO Nippon Steel RHF Joint Venture Co., Ltd., POSCO administrative review, including the ddrumheller on DSK120RN23PROD with NOTICES1 values for the merchandise under consideration.14 Holdings, and POSCO Mobility Solutions. We note that POSCO has an affiliated trading company through which it exported certain subject merchandise, POSCO International Corporation (POSCO International). POSCO International was not selected as a mandatory respondent but was examined in the context of POSCO and POSCO International’s subsidies are accounted for in POSCO’s total subsidy rate. 16 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Hyundai Steel: Hyundai Green Power Co., Ltd. and Hyundai ITC Co., Ltd. VerDate Sep<11>2014 17:15 Oct 10, 2024 Jkt 265001 17 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). 18 See 19 351.309(c)(2) and (d)(2). 19 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 20 See APO and Service Procedures. 21 See 19 CFR 351.310(d). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 results of our 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 in the Federal Register. Assessment Rates Consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon issuance of the final results, Commerce shall determine, and 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). Cash Deposit Requirements 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. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: October 4, 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. Subsidies Valuation Information V. Benchmarks and Interest Rates VI. Analysis of Programs VII. Recommendation E:\FR\FM\11OCN1.SGM 11OCN1 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Notices Appendix II Rescission Based on Withdrawal of Review Requests 1. AJU Steel Co., Ltd. 2. Amerisource Korea 3. Amerisource International 4. BC Trade 5. Busung Steel Co., Ltd. 6. Cenit Co., Ltd. 7. Daewoo Logistics Corp. 8. Dai Yang Metal Co., Ltd. 9. DK GNS Co., Ltd. 10. Dongbu Incheon Steel Co., Ltd. 11. Dongbu Steel Co., Ltd. 12. Dong Jin Machinery 13. Dongkuk Industries Co., Ltd. 14. Dongkuk Steel Mill Co., Ltd. 15. Eunsan Shipping and Air Cargo Co., Ltd. 16. Euro Line Global Co., Ltd. 17. Golden State Corp. 18. GS Global Corp. 19. Hanawell Co., Ltd. 20. Hankum Co., Ltd. 21. Hyosung TNC Corp. 22. Hyuk San Profile Co., Ltd. 23. Iljin NTS Co., Ltd. 24. Iljin Steel Corp. 25. Jeen Pung Industrial Co., Ltd. 26. JS Steel Co., Ltd. 27. JT Solution 28. Kolon Global Corporation. 29. Nauri Logistics Co., Ltd. 30. Okaya (Korea) Co., Ltd. 31. PL Special Steel Co., Ltd. 32. Samsung C&T Corp. 33. Samsung STS Co., Ltd. 34. SeAH Steel Corp. 35. SM Automotive Ltd. 36. SK Networks Co., Ltd. 37. Taihan Electric Wire Co., Ltd. 38. TGS Pipe Co., Ltd. 39. TI Automotive Ltd. 40. Topco Global Co., Ltd. 41. Xeno Energy 42. Young Steel Co., Ltd. Rescission Based on No Suspended Entries 43. Hyundai Group; 44. POSCO C&C Co., Ltd.; 45. POSCO Daewoo Corp. [FR Doc. 2024–23565 Filed 10–10–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–533–843] ddrumheller on DSK120RN23PROD with NOTICES1 Certain Lined Paper Products From India: Preliminary Results and Rescission, in Part, 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 determines that certain lined paper products (lined paper) from India are not being sold in the United States at AGENCY: VerDate Sep<11>2014 17:15 Oct 10, 2024 Jkt 265001 below normal value during the period of review (POR), September 1, 2022, through August 31, 2023. Additionally, Commerce is rescinding this administrative review with respect to certain companies. We invite interested parties to comment on these preliminary results. DATES: Applicable October 11, 2024. FOR FURTHER INFORMATION CONTACT: Patrick Barton, 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) 482–0012. SUPPLEMENTARY INFORMATION: Background On September 28, 2006, Commerce published the antidumping duty order on lined paper from India.1 On September 6, 2023, we published in the Federal Register a notice of opportunity to request an administrative review of the Order.2 On November 15, 2023, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act), Commerce initiated an administrative review of the Order covering 11 entities.3 On May 28, 2024, Commerce extended the deadline for the preliminary results until September 27, 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 October 4, 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 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from the People’s Republic of China; Notice of Antidumping Duty Orders: Certain Lined Paper Products from India, Indonesia and the People’s Republic of China; and Notice of Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia, 71 FR 56949 (September 28, 2006) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 88 FR 60923 (September 6, 2023). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 78298 (November 15, 2023) (Initiation Notice). 4 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated May 28, 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 Antidumping Duty Administrative Review: Certain Lined Paper Products from India; 2022–2023,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 82569 Memorandum is attached as Appendix I 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 products covered by this Order are lined paper from India. A full description of the scope of the Order is contained in the Preliminary Decision Memorandum. Rescission of Review, in Part As noted above, we initiated this review with respect to 11 companies.7 During the course of the review, we selected two mandatory respondents, ITC Limited 8 and Navneet Education Ltd. (Navneet).9 As a consequence, there are nine companies upon which a review was requested and which were not selected for individual examination. Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an administrative review when there are no reviewable suspended entries. Based on our analysis of U.S. Customs and Border Protection (CBP) information, three companies listed in the Initiation Notice had no entries of subject merchandise during the POR. On March 21, 2024, we notified parties of our intent to rescind this administrative review with respect to the three companies that had no reviewable suspended entries during the POR.10 No party to the proceeding provided comments on our Intent to Rescind Memorandum. As a result, we are rescinding this review, in part, with respect to the three entities which had no entries in the POR and for which withdrawal requests were not previously received from all parties 7 See Initiation Notice, 88 FR at 78300. correct name of the company is ITC Limited, whereas the Initiation Notice uses the name ‘‘ITC Limited-Education and Stationary Products Business,’’ which is a division of ITC Limited, and not a legal entity. See Certain Lined Paper Products from India: Amended Final Results of Antidumping Duty Administrative Review; 2020– 2021, 88 FR 28493, 28494 (May 4, 2023); see also Memorandum, ‘‘Respondent Selection,’’ dated February 23, 2024 (Respondent Selection Memorandum). 9 See Respondent Selection Memorandum at 2, n.6. 10 See Memorandum, ‘‘Notice of Intent to Rescind Review, In Part,’’ dated March 21, 2024 (Intent to Rescind Memorandum). 8 The E:\FR\FM\11OCN1.SGM 11OCN1

Agencies

[Federal Register Volume 89, Number 198 (Friday, October 11, 2024)]
[Notices]
[Pages 82566-82569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23565]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-882]


Certain Cold-Rolled Steel Flat Products 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 countervailable subsidies were provided to producers 
and exporters of certain cold-rolled steel flat products (cold-rolled 
steel) from the Republic of Korea (Korea). The period of review (POR) 
is January 1, 2022, through December 31, 2022. In addition, Commerce is 
rescinding the review, in part, with respect to 45 companies. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable October 11, 2024.

FOR FURTHER INFORMATION CONTACT: Samuel Evans, 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) 482-2420.

SUPPLEMENTARY INFORMATION:

Background

    On November 15, 2023, based on timely requests for review, Commerce 
initiated this administrative review of the countervailing duty (CVD) 
order on

[[Page 82567]]

cold-rolled steel from Korea.\1\ On December 18, 2023, Commerce 
selected Hyundai Steel Company (Hyundai Steel) and POSCO/POSCO 
International Corporation (POSCO) as the mandatory respondents in this 
review.\2\ On May 9, 2024, Commerce extended the deadline for the 
preliminary results of this review.\3\ On July 22, 2024, Commerce 
tolled certain deadlines in this administrative proceedings by seven 
days.\4\ The deadline for the preliminary results is now October 4, 
2024.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 78308 (November 15, 2023).
    \2\ See Memorandum, ``Respondent Selection,'' dated December 18, 
2023.
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2022 Countervailing Duty Administrative Review,'' dated 
May 9, 2024.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    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 as Appendix I 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.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review; 2022: 
Certain Cold-Rolled Steel Flat Products from the Republic of 
Korea,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order 6
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    \6\ See Certain Cold-Rolled Steel Flat Products from Brazil, 
India, and the Republic of Korea: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Order (the 
Republic of Korea) and Countervailing Duty Orders (Brazil and 
India), 81 FR 64436 (September 20, 2016) (Order).
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    The merchandise covered by the Order is cold-rolled steel from 
Korea. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Partial Rescission of Administrative Review

    In accordance with 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review in the 
Federal Register. On February 13, 2024, the petitioners withdrew their 
requests for review by the 90-day withdrawal deadline for the companies 
identified in Appendix II.\7\ Because the petitioners timely withdrew 
their requests for a review of these companies, and no other party 
requested a review of them, in accordance with 19 CFR 351.213(d)(1), 
Commerce is rescinding this review, in part, with respect to these 
companies.
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    \7\ See Petitioner's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated February 13, 2024, at 1-3.
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    Furthermore, pursuant to 19 CFR 351.213(d)(3), Commerce will 
rescind an administrative review when there are no entries of subject 
merchandise during the POR for which liquidation is suspended.\8\ 
Normally, upon completion of an administrative review, the suspended 
entries are liquidated at the antidumping duty assessment rate 
calculated for the review period.\9\ Therefore, for an administrative 
review of a company to be conducted, there must be a suspended entry 
that Commerce can instruct U.S. Customs and Border Protection (CBP) to 
liquidate at the antidumping duty assessment rate calculated for the 
POR.\10\
---------------------------------------------------------------------------

    \8\ See, e.g., Dioctyl Terephthalate from the Republic of Korea: 
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR 
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to Length Plate from the Federal Republic of Germany: Recission of 
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January 
24, 2023).
    \9\ See 19 CFR 351.212(b)(2).
    \10\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

    On December 20, 2023, we notified parties, and invited comment, of 
our intent to rescind this administrative review with respect to 
certain companies because there were no suspended entries of subject 
merchandise produced or exported by these companies during the POR.\11\ 
No party commented on the Intent to Rescind Memorandum. Therefore, in 
the absence of any suspended entries of subject merchandise from the 
three companies identified in Appendix II, we are rescinding the 
administrative review for the three companies in accordance with 19 CFR 
351.213(d)(3).
---------------------------------------------------------------------------

    \11\ See Memorandum, ``Notice of Intent to Rescind Review, In 
Part,'' dated December 20, 2023 (Intent to Rescind Memorandum).
---------------------------------------------------------------------------

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, Commerce preliminarily 
determines that there is a subsidy, i.e., a financial contribution by 
an ``authority'' that gives rise to a benefit to the recipient, and 
that the subsidy is specific.\12\ For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \12\ 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-Examined Company

    The Act and Commerce's regulations do not address the establishment 
of a rate to apply to companies not selected for individual examination 
when Commerce limits its examination in an administrative review 
pursuant to section 777A(e)(2) of the Act. Generally, Commerce looks to 
section 705(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a CVD investigation, for guidance 
when determining the rate for companies which were not selected for 
individual examination in an administrative review. 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 entirely on facts available.
    Accordingly, to determine the rate for companies not selected for 
individual examination, Commerce's practice is to weight average the 
net subsidy rates for the selected mandatory respondents, excluding 
rates that are zero, de minimis, or based entirely on facts 
available.\13\ In this administrative review, Commerce calculated 
preliminary individual estimated countervailable subsidy rates for 
Hyundai Steel and POSCO that are not zero, de minimis, or based 
entirely on facts otherwise available. Therefore, Commerce 
preliminarily calculated the rate assigned to KG Dongbu Steel Co., Ltd. 
using a weighted average of the individual estimated subsidy rates 
calculated for the examined respondents using each company's public 
ranged

[[Page 82568]]

values for the merchandise under consideration.\14\
---------------------------------------------------------------------------

    \13\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
    \14\ With two respondents under examination, Commerce normally 
calculates: (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale values for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rate closest to (A) as 
the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53662 
(September 1, 2010), and accompanying Issues and Decision Memorandum 
at Comment 1. As complete publicly ranged sales data were available, 
Commerce based the review-specific rate on the publicly ranged sales 
data of the mandatory respondents. For a complete analysis of the 
data, see Memorandum, ``Calculation of Subsidy Rate for Company Not 
Selected for Individual Examination,'' dated concurrently with this 
notice.
---------------------------------------------------------------------------

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:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
POSCO/POSCO International Corporation \15\..............            1.48
Hyundai Steel Company \16\..............................            2.21
KG Dongbu Steel Co., Ltd................................            1.73
------------------------------------------------------------------------

Disclosure and Public Comment

    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 the Federal Register in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------

    \15\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
POSCO: POSCO Chemical Co., Ltd., POSCO M-Tech, Pohang Scrap 
Recycling Distribution Center Co., Ltd., POSCO Nippon Steel RHF 
Joint Venture Co., Ltd., POSCO Holdings, and POSCO Mobility 
Solutions. We note that POSCO has an affiliated trading company 
through which it exported certain subject merchandise, POSCO 
International Corporation (POSCO International). POSCO International 
was not selected as a mandatory respondent but was examined in the 
context of POSCO and POSCO International's subsidies are accounted 
for in POSCO's total subsidy rate.
    \16\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Hyundai Steel: Hyundai Green Power Co., Ltd. and Hyundai ITC Co., 
Ltd.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice. 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.\17\ 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.\18\
---------------------------------------------------------------------------

    \17\ 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).
    \18\ See 19 351.309(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 briefs 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.\19\ 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).\20\
---------------------------------------------------------------------------

    \19\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \20\ See APO and Service 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 by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice. 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. Oral presentations at the 
hearing will be limited to issues raised in the briefs. If a request 
for a hearing is made, Commerce will inform parties of the scheduled 
date for the hearing.\21\
---------------------------------------------------------------------------

    \21\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Unless the deadline in extended, pursuant to section 751(a)(3)(A) 
of the Act and 19 CFR 351.213(h), we intend to issue the final results 
of this administrative review, including the results of our 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 in 
the Federal Register.

Assessment Rates

    Consistent with section 751(a)(1) of the Act and 19 CFR 
351.212(b)(2), upon issuance of the final results, Commerce shall 
determine, and 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).

Cash Deposit Requirements

    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.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: October 4, 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. Subsidies Valuation Information
V. Benchmarks and Interest Rates
VI. Analysis of Programs
VII. Recommendation

[[Page 82569]]

Appendix II

Rescission Based on Withdrawal of Review Requests

1. AJU Steel Co., Ltd.
2. Amerisource Korea
3. Amerisource International
4. BC Trade
5. Busung Steel Co., Ltd.
6. Cenit Co., Ltd.
7. Daewoo Logistics Corp.
8. Dai Yang Metal Co., Ltd.
9. DK GNS Co., Ltd.
10. Dongbu Incheon Steel Co., Ltd.
11. Dongbu Steel Co., Ltd.
12. Dong Jin Machinery
13. Dongkuk Industries Co., Ltd.
14. Dongkuk Steel Mill Co., Ltd.
15. Eunsan Shipping and Air Cargo Co., Ltd.
16. Euro Line Global Co., Ltd.
17. Golden State Corp.
18. GS Global Corp.
19. Hanawell Co., Ltd.
20. Hankum Co., Ltd.
21. Hyosung TNC Corp.
22. Hyuk San Profile Co., Ltd.
23. Iljin NTS Co., Ltd.
24. Iljin Steel Corp.
25. Jeen Pung Industrial Co., Ltd.
26. JS Steel Co., Ltd.
27. JT Solution
28. Kolon Global Corporation.
29. Nauri Logistics Co., Ltd.
30. Okaya (Korea) Co., Ltd.
31. PL Special Steel Co., Ltd.
32. Samsung C&T Corp.
33. Samsung STS Co., Ltd.
34. SeAH Steel Corp.
35. SM Automotive Ltd.
36. SK Networks Co., Ltd.
37. Taihan Electric Wire Co., Ltd.
38. TGS Pipe Co., Ltd.
39. TI Automotive Ltd.
40. Topco Global Co., Ltd.
41. Xeno Energy
42. Young Steel Co., Ltd.

Rescission Based on No Suspended Entries

43. Hyundai Group;
44. POSCO C&C Co., Ltd.;
45. POSCO Daewoo Corp.

 [FR Doc. 2024-23565 Filed 10-10-24; 8:45 am]
 BILLING CODE 3510-DS-P
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