Large Diameter Welded Pipe From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2022, 88234-88236 [2024-25873]
Download as PDF
<![CDATA[
88234
Federal Register / Vol. 89, No. 216 / Thursday, November 7, 2024 / Notices
announcement of the amended
preliminary determination, in
accordance with 19 CFR 351.224.
Notification to Interested Parties
This notice is issued and published
pursuant to sections 703(f) and 777(i) of
the Act and 19 CFR 351.224(e).
Dated: October 31, 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.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
Scope of the Investigation
The merchandise covered by this
investigation is crystalline silicon
photovoltaic cells, and modules, laminates,
and panels, consisting of crystalline silicon
photovoltaic cells, whether or not partially or
fully assembled into other products,
including, but not limited to, modules,
laminates, panels and building integrated
materials.
This investigation covers crystalline silicon
photovoltaic cells of thickness equal to or
greater than 20 micrometers, having a p/n
junction formed by any means, whether or
not the cell has undergone other processing,
including, but not limited to, cleaning,
etching, coating, and/or addition of materials
(including, but not limited to, metallization
and conductor patterns) to collect and
forward the electricity that is generated by
the cell.
Merchandise under consideration may be
described at the time of importation as parts
for final finished products that are assembled
after importation, including, but not limited
to, modules, laminates, panels, buildingintegrated modules, building-integrated
panels, or other finished goods kits. Such
parts that otherwise meet the definition of
merchandise under consideration are
included in the scope of the investigation.
Excluded from the scope of the
investigation are thin film photovoltaic
products produced from amorphous silicon
(a-Si), cadmium telluride (CdTe), or copper
indium gallium selenide (CIGS).
Also excluded from the scope of the
investigation are crystalline silicon
photovoltaic cells, not exceeding 10,000 mm2
in surface area, that are permanently
integrated into a consumer good whose
function is other than power generation and
that consumes the electricity generated by
the integrated crystalline silicon photovoltaic
cell. Where more than one cell is
permanently integrated into a consumer
good, the surface area for purposes of this
exclusion shall be the total combined surface
area of all cells that are integrated into the
consumer good.
Additionally, excluded from the scope of
the investigation are panels with surface area
from 3,450 mm2 to 33,782 mm2 with one
black wire and one red wire (each of type 22
AWG or 24 AWG not more than 206 mm in
length when measured from panel extrusion),
and not exceeding 2.9 volts, 1.1 amps, and
3.19 watts. For the purposes of this
VerDate Sep<11>2014
18:15 Nov 06, 2024
Jkt 265001
exclusion, no panel shall contain an internal
battery or external computer peripheral ports.
Also excluded from the scope of the
investigation are:
(1) Off grid CSPV panels in rigid form with
a glass cover, with the following
characteristics: (A) a total power output of
100 watts or less per panel; (B) a maximum
surface area of 8,000 cm2 per panel; (C) do
not include a built-in inverter; (D) must
include a permanently connected wire that
terminates in either an 8 mm male barrel
connector, or a two-port rectangular
connector with two pins in square housings
of different colors; (E) must include visible
parallel grid collector metallic wire lines
every 1–4 millimeters across each solar cell;
and (F) must be in individual retail
packaging (for purposes of this provision,
retail packaging typically includes graphics,
the product name, its description and/or
features, and foam for transport); and
(2) Off grid CSPV panels without a glass
cover, with the following characteristics: (A)
a total power output of 100 watts or less per
panel; (B) a maximum surface area of 8,000
cm2 per panel; (C) do not include a built-in
inverter; (D) must include visible parallel
grid collector metallic wire lines every 1–4
millimeters across each solar cell; and (E)
each panel is (1) permanently integrated into
a consumer good; (2) encased in a laminated
material without stitching, or (3) has all of
the following characteristics: (i) the panel is
encased in sewn fabric with visible stitching,
(ii) includes a mesh zippered storage pocket,
and (iii) includes a permanently attached
wire that terminates in a female USB–A
connector.
In addition, the following CSPV panels are
excluded from the scope of the investigation:
off-grid CSPV panels in rigid form with a
glass cover, with each of the following
physical characteristics, whether or not
assembled into a fully completed off-grid
hydropanel whose function is conversion of
water vapor into liquid water: (A) a total
power output of no more than 80 watts per
panel; (B) a surface area of less than 5,000
square centimeters (cm2) per panel; (C) do
not include a built-in inverter; (D) do not
have a frame around the edges of the panel;
(E) include a clear glass back panel; and (F)
must include a permanently connected wire
that terminates in a twoport rectangular
connector.
Additionally excluded from the scope of
this investigation are off-grid small portable
crystalline silicon photovoltaic panels, with
or without a glass cover, with the following
characteristics: (1) a total power output of
200 watts or less per panel; (2) a maximum
surface area of 16,000 cm2 per panel; (3) no
built-in inverter; (4) an integrated handle or
a handle attached to the package for ease of
carry; (5) one or more integrated kickstands
for easy installation or angle adjustment; and
(6) a wire of not less than 3 meters either
permanently connected or attached to the
package that terminates in an 8 mm diameter
male barrel connector.
Also excluded from the scope of this
investigation are off-grid crystalline silicon
photovoltaic panels in rigid form with a glass
cover, with each of the following physical
characteristics, whether or not assembled
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
into a fully completed off-grid hydropanel
whose function is conversion of water vapor
into liquid water: (A) a total power output of
no more than 180 watts per panel at 155
degrees Celsius; (B) a surface area of less than
16,000 square centimeters (cm2) per panel;
(C) include a keep-out area of approximately
1,200 cm2 around the edges of the panel that
does not contain solar cells; (D) do not
include a built-in inverter; (E) do not have a
frame around the edges of the panel; (F)
include a clear glass back panel; (G) must
include a permanently connected wire that
terminates in a two-port rounded rectangular,
sealed connector; (H) include a thermistor
installed into the permanently connected
wire before the twoport connector; and (I)
include exposed positive and negative
terminals at opposite ends of the panel, not
enclosed in a junction box.
Modules, laminates, and panels produced
in a third-country from cells produced in a
subject country are covered by the
investigation; however, modules, laminates,
and panels produced in a subject country
from cells produced in a third-country are
not covered by the investigation.
Also excluded from the scope of this
investigation are all products covered by the
scope of the antidumping and countervailing
duty orders on Crystalline Silicon
Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People’s
Republic of China: Amended Final
Determination of Sales at Less Than Fair
Value, and Antidumping Duty Order, 77 FR
73018 (December 7, 2012); and Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People’s
Republic of China: Countervailing Duty
Order, 77 FR 73017 (December 7, 2012).
Merchandise covered by the investigation
is currently classified in the Harmonized
Tariff System of the United States (HTSUS)
under subheadings 8541.42.0010 and
8541.43.0010. Imports of the subject
merchandise may enter under HTSUS
subheadings 8501.71.0000, 8501.72.1000,
8501.72.2000, 8501.72.3000, 8501.72.9000,
8501.80.1000, 8501.80.2000, 8501.80.3000,
8501.80.9000, 8507.20.8010, 8507.20.8031,
8507.20.8041, 8507.20.8061, and
8507.20.8091. These HTSUS subheadings are
provided for convenience and customs
purposes; the written description of the
scope of the investigation is dispositive.
[FR Doc. 2024–25872 Filed 11–6–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–898]
Large Diameter Welded Pipe From the
Republic of Korea: Final Results of
Countervailing Duty Administrative
Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
AGENCY:
E:\FR\FM\07NON1.SGM
07NON1
Federal Register / Vol. 89, No. 216 / Thursday, November 7, 2024 / Notices
producers and/or exporters of large
diameter welded pipe (welded pipe)
from the Republic of Korea (Korea)
received countervailable subsidies
during the period of review (POR),
January 1, 2022, through December 31,
2022.
DATES: Applicable November 7, 2024.
FOR FURTHER INFORMATION CONTACT:
Jonathan Schueler or Brandon James,
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) 482–9175 or
(202) 482–7472, respectively.
SUPPLEMENTARY INFORMATION:
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 Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Background
Methodology
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found countervailable, we find that
there is a subsidy, i.e., a governmentprovided financial contribution that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6 For a
description of the methodology
underlying Commerce’s conclusions,
see the Issues and Decision
Memorandum.
On June 6, 2024, Commerce published
the Preliminary Results of this
administrative review in the Federal
Register,1 and invited interested parties
to comment. For a complete description
of the events that followed the
Preliminary Results, see the Issues and
Decision Memorandum.2 On July 22,
2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.3 On
September 27, 2024, Commerce
extended the deadline for the final
results to November 1, 2024.4
Scope of the Order 5
The merchandise covered by the
Order is welded pipe. For a complete
description of the scope of the Order,
see the Issues and Decision
Memorandum.
Analysis of Comments Received
lotter on DSK11XQN23PROD with NOTICES1
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed is attached to this
notice as an appendix. The Issues and
Decision Memorandum is a public
1 See Large Diameter Welded Pipe from the
Republic of Korea: Preliminary Results and Partial
Rescission of the Countervailing Duty
Administrative Review; 2022, 89 FR 48382 (June 6,
2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Large Diameter Welded Pipe from the Republic of
Korea; 2022,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum ‘‘Extension of Deadline for
Final Results of Countervailing Duty Administrative
Review; 2022,’’ dated September 26, 2024.
5 See Large Diameter Welded Pipe from the
Republic of Korea: Countervailing Duty Order, 84
FR 18773 (May 2, 2019) (Order).
VerDate Sep<11>2014
18:15 Nov 06, 2024
Jkt 265001
Changes Since the Preliminary Results
Based on our analysis of the case and
rebuttal briefs and the evidence on the
record, we made certain changes from
the Preliminary Results. These changes
are explained in the Issues and Decision
Memorandum.
Rate for Non-Selected Companies
Generally, Commerce looks to section
705(c)(5) of the Act for guidance for
calculating the rate for companies that
were not selected for individual
examination in an administrative
review. 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 facts otherwise
available. There are six companies for
which a review was requested and not
rescinded, and which were not selected
as mandatory respondents or found to
be cross-owned with a mandatory
respondent. For these non-selected
companies, because the rates calculated
for mandatory respondents Hyundai RB
and SeAH Steel are above de minimis
and not based entirely on facts
available, we are applying a subsidy rate
based on a weighted average of the rates
calculated for the two mandatory
respondents using the publicly-ranged
sales data they submitted on the
6 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.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
88235
record.7 This methodology is consistent
with our practice for establishing an allothers subsidy rate pursuant to section
705(c)(5)(A) of the Act.
This is the same methodology
Commerce applied in the Preliminary
Results for determining a rate for
companies not selected for individual
examination. However, due to changes
in the calculations for Hyundai RB, we
revised the non-selected rate
accordingly. Consequently, we are
applying an ad valorem subsidy rate of
0.56 percent for the six non-selected
companies for which a review was
requested and not rescinded.
Final Results of Review
In accordance with 19 CFR
351.221(b)(5), we determine the
following net countervailable subsidy
rates exist for the POR January 1, 2022,
through December 31, 2022:
Company
Hyundai RB Co., Ltd. and its
cross-owned affiliate 8 .......
SeAH Steel Corporation and
its cross-owned affiliates 9
Review-Specific Average
Rate Applicable to the Following Companies.
Chang Won Bending Co.,
Ltd. ....................................
Dong Yang Steel Pipe Co.,
Ltd. ....................................
EEW Korea Co., Ltd. ............
HiSteel Co., Ltd. ...................
Husteel Co., Ltd.10 ...............
Kumsoo Connecting Co.,
Ltd. ....................................
Subsidy rate
(percent ad
valorem)
0.71
0.54
0.56
0.56
0.56
0.56
0.56
0.56
Disclosure
Commerce intends to disclose to
parties in this proceeding the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register.11
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(2),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
7 See
Preliminary Results, 89 FR 48383.
finds Shinchang Construction Co.,
Ltd. to be cross-owned with Hyundai RB.
9 Commerce finds the following companies to be
cross-owned with SeAH Steel: SeAH Steel Holdings
Corporation; and ESAB SeAH Corporation.
10 Subject merchandise both produced and
exported by Husteel Co., Ltd. (Husteel) is excluded
from the Order. Thus, Husteel’s inclusion in this
administrative review is limited to entries for which
Husteel was not both the producer and exporter of
the subject merchandise.
11 See 19 CFR 351.224(b).
8 Commerce
E:\FR\FM\07NON1.SGM
07NON1
88236
Federal Register / Vol. 89, No. 216 / Thursday, November 7, 2024 / Notices
shall assess, countervailing duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review, for the
above-listed companies at the applicable
ad valorem assessment rates listed.
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 Instructions
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
companies listed above based 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.12 For all nonreviewed firms subject to the Order, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific rate or the all-others
rate established in the original
investigation (i.e., 9.29 percent), as
appropriate.13 These cash deposit
requirements, effective upon
publication of these final results, shall
remain in effect until further notice.
Administrative Protective Order
lotter on DSK11XQN23PROD with NOTICES1
Notification to Interested Parties
We are issuing and publishing these
final results in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
12 See, e.g., Honey from Argentina: Results of
Countervailing Duty Administrative Review, 69 FR
29518 (May 24, 2004), and accompanying Issues
and Decision Memorandum at Issue 4.
13 See Order, 84 FR 18775.
18:15 Nov 06, 2024
Jkt 265001
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
Comment 1: Whether the Provision of
Electricity for Less Than Adequate
Remuneration (LTAR) Is Countervailable
Comment 2: Whether the Demand
Response Resources (DRR) Program Is
Countervailable
Comment 3: Whether Certain Programs Are
De Facto Specific When Widely
Available and Used
Comment 4: Whether the Discount
Electricity Charges for Energy Storage
Systems (ESS) Program Is Specific
VII. Recommendation
[FR Doc. 2024–25873 Filed 11–6–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Advisory Committee on Earthquake
Hazards Reduction Meeting
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The Advisory Committee on
Earthquake Hazards Reduction (ACEHR
or Committee) will hold an open virtual
meeting via web conference. The
primary purpose of this meeting is for
the Committee to discuss their 2025
Biennial Report on the Effectiveness of
the National Earthquake Hazards
Reduction Program (NEHRP).
DATES: The ACEHR will meet on
Monday, November 18, 2024 from 1:30
p.m. to 4:30 p.m. Eastern Time.
ADDRESSES: The meeting will be held
via web conference. For instructions on
how to participate in the meeting,
please see the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT: Tina
Faecke, Management and Program
Analyst, NEHRP, Engineering
Laboratory, NIST. Ms. Faecke’s email
address is tina.faecke@nist.gov and her
phone number is (240) 477–9841.
SUPPLEMENTARY INFORMATION: Authority:
42 U.S.C. 7704(a)(5) and the Federal
SUMMARY:
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 terms of an
APO is a sanctionable violation.
VerDate Sep<11>2014
Dated: October 31, 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.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Advisory Committee Act (FACA), as
amended, 5 U.S.C. 1001 et seq. The
Committee is composed of 11 members,
appointed by the Director of NIST, who
were selected for their established
records of distinguished service in their
professional community, their
knowledge of issues affecting NEHRP,
and to reflect the wide diversity of
technical disciplines, competencies, and
communities involved in earthquake
hazards reduction. In addition, the
Chairperson of the U.S. Geological
Survey Scientific Earthquake Studies
Advisory Committee serves as an exofficio member of the Committee.
Pursuant to the FACA, as amended, 5
U.S.C. 1001 et seq., notice is hereby
given that the ACEHR will meet on the
date and at the times set forth in the
DATES section of this notice. The
meeting will be open to the public and
will be held via web conference.
Interested members of the public will be
able to participate in the meeting from
remote locations. The primary purpose
of this meeting is for the Committee to
discuss their 2025 Biennial Report on
the Effectiveness of NEHRP. The final
agenda will be posted on the NEHRP
website at https://www.nehrp.gov/
committees/meetings.htm.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Committee’s business are invited to
request a place on the agenda.
Approximately fifteen minutes will be
reserved for public comments and
speaking times will be assigned on a
first-come, first-serve basis. The amount
of time per speaker will be determined
by the number of requests received. This
meeting will be recorded. Public
comments can be provided via email or
by web conference attendance.
Questions from the public will not be
considered during this period. All those
wishing to speak must submit their
request by email to Tina Faecke at
tina.faecke@nist.gov by 5:00 p.m.
Eastern Time, Wednesday, November
13, 2024. Speakers who wish to expand
upon their oral statements, those who
had wished to speak but could not be
accommodated on the agenda, and those
who were unable to participate are
invited to submit written statements
electronically by email to tina.faecke@
nist.gov.
Anyone wishing to attend this
meeting via web conference must
register by 5:00 p.m. Eastern Time,
Wednesday, November 13, 2024, to
attend. Please submit your full name,
the organization you represent (if
applicable), email address, and phone
number to Tina Faecke at tina.faecke@
nist.gov. After pre-registering,
E:\FR\FM\07NON1.SGM
07NON1
]]>Agencies
[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Notices]
[Pages 88234-88236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25873]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-898]
Large Diameter Welded Pipe From the Republic of Korea: Final
Results of Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
[[Page 88235]]
producers and/or exporters of large diameter welded pipe (welded pipe)
from the Republic of Korea (Korea) received countervailable subsidies
during the period of review (POR), January 1, 2022, through December
31, 2022.
DATES: Applicable November 7, 2024.
FOR FURTHER INFORMATION CONTACT: Jonathan Schueler or Brandon James,
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) 482-9175
or (202) 482-7472, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2024, Commerce published the Preliminary Results of this
administrative review in the Federal Register,\1\ and invited
interested parties to comment. For a complete description of the events
that followed the Preliminary Results, see the Issues and Decision
Memorandum.\2\ On July 22, 2024, Commerce tolled certain deadlines in
this administrative proceeding by seven days.\3\ On September 27, 2024,
Commerce extended the deadline for the final results to November 1,
2024.\4\
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Preliminary Results and Partial Rescission of the Countervailing
Duty Administrative Review; 2022, 89 FR 48382 (June 6, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Large Diameter Welded Pipe from the Republic of Korea; 2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2022,'' dated September
26, 2024.
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Large Diameter Welded Pipe from the Republic of Korea:
Countervailing Duty Order, 84 FR 18773 (May 2, 2019) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is welded pipe. For a complete
description of the scope of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed is
attached to this notice as an appendix. 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). 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.
Changes Since the Preliminary Results
Based on our analysis of the case and rebuttal briefs and the
evidence on the record, we made certain changes from the Preliminary
Results. These changes are explained in the Issues and Decision
Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find 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.\6\ For a description of the methodology underlying Commerce's
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ 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
Generally, Commerce looks to section 705(c)(5) of the Act for
guidance for calculating the rate for companies that were not selected
for individual examination in an administrative review. 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 facts otherwise available. There are six
companies for which a review was requested and not rescinded, and which
were not selected as mandatory respondents or found to be cross-owned
with a mandatory respondent. For these non-selected companies, because
the rates calculated for mandatory respondents Hyundai RB and SeAH
Steel are above de minimis and not based entirely on facts available,
we are applying a subsidy rate based on a weighted average of the rates
calculated for the two mandatory respondents using the publicly-ranged
sales data they submitted on the record.\7\ This methodology is
consistent with our practice for establishing an all-others subsidy
rate pursuant to section 705(c)(5)(A) of the Act.
---------------------------------------------------------------------------
\7\ See Preliminary Results, 89 FR 48383.
---------------------------------------------------------------------------
This is the same methodology Commerce applied in the Preliminary
Results for determining a rate for companies not selected for
individual examination. However, due to changes in the calculations for
Hyundai RB, we revised the non-selected rate accordingly. Consequently,
we are applying an ad valorem subsidy rate of 0.56 percent for the six
non-selected companies for which a review was requested and not
rescinded.
Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we determine the following
net countervailable subsidy rates exist for the POR January 1, 2022,
through December 31, 2022:
---------------------------------------------------------------------------
\8\ Commerce finds Shinchang Construction Co., Ltd. to be cross-
owned with Hyundai RB.
\9\ Commerce finds the following companies to be cross-owned
with SeAH Steel: SeAH Steel Holdings Corporation; and ESAB SeAH
Corporation.
\10\ Subject merchandise both produced and exported by Husteel
Co., Ltd. (Husteel) is excluded from the Order. Thus, Husteel's
inclusion in this administrative review is limited to entries for
which Husteel was not both the producer and exporter of the subject
merchandise.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Hyundai RB Co., Ltd. and its cross-owned affiliate \8\.. 0.71
SeAH Steel Corporation and its cross-owned affiliates 0.54
\9\....................................................
Review-Specific Average Rate Applicable to the Following
Companies..............................................
---------------
Chang Won Bending Co., Ltd.............................. 0.56
Dong Yang Steel Pipe Co., Ltd........................... 0.56
EEW Korea Co., Ltd...................................... 0.56
HiSteel Co., Ltd........................................ 0.56
Husteel Co., Ltd.\10\................................... 0.56
Kumsoo Connecting Co., Ltd.............................. 0.56
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to parties in this proceeding the
calculations performed for these final results of review within five
days of the date of publication of this notice in the Federal
Register.\11\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP)
[[Page 88236]]
shall assess, countervailing duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed. 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 Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the companies listed above
based 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.\12\ For all non-reviewed
firms subject to the Order, we will instruct CBP to continue to collect
cash deposits of estimated countervailing duties at the most recent
company-specific rate or the all-others rate established in the
original investigation (i.e., 9.29 percent), as appropriate.\13\ These
cash deposit requirements, effective upon publication of these final
results, shall remain in effect until further notice.
---------------------------------------------------------------------------
\12\ See, e.g., Honey from Argentina: Results of Countervailing
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and
accompanying Issues and Decision Memorandum at Issue 4.
\13\ See Order, 84 FR 18775.
---------------------------------------------------------------------------
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: October 31, 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
Comment 1: Whether the Provision of Electricity for Less Than
Adequate Remuneration (LTAR) Is Countervailable
Comment 2: Whether the Demand Response Resources (DRR) Program
Is Countervailable
Comment 3: Whether Certain Programs Are De Facto Specific When
Widely Available and Used
Comment 4: Whether the Discount Electricity Charges for Energy
Storage Systems (ESS) Program Is Specific
VII. Recommendation
[FR Doc. 2024-25873 Filed 11-6-24; 8:45 am]
BILLING CODE 3510-DS-P
