Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 89610-89612 [2024-26251]
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89610
Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Notices
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: November 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix I—Scope of the Investigation
The merchandise subject to this
investigation are fully or partially uncured
epoxy resins, also known as epoxide resins,
polyepoxides, oxirane resins, ethoxyline
resins, diglycidyl ether of bisphenol,
(chloromethyl)oxirane, or aromatic
diglycidyl, which are polymers or
prepolymers containing epoxy groups (i.e.,
three-membered ring structures comprised of
two carbon atoms and one oxygen atom).
Epoxy resins range in physical form from low
viscosity liquids to solids. All epoxy resins
are covered by the scope of this investigation
irrespective of physical form, viscosity,
grade, purity, molecular weight, or molecular
structure, and packaging.
Epoxy resins may contain modifiers or
additives, such as hardeners, curatives,
colorants, pigments, diluents, solvents,
thickeners, fillers, plasticizers, softeners,
flame retardants, toughening agents,
catalysts, Bisphenol F, and ultraviolet light
inhibitors, so long as the modifier or additive
has not chemically reacted so as to cure the
epoxy resin or convert it into a different
product no longer containing epoxy groups.
Such epoxy resins with modifiers or
additives are included in the scope where the
epoxy resin component comprises no less
than 30 percent of the total weight of the
product. The scope also includes blends of
epoxy resins with different types of epoxy
resins, with or without the inclusion of
modifiers and additives, so long as the
combined epoxy resin component comprises
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at least 30 percent of the total weight of the
blend.
Epoxy resins that enter as part of a system
or kit with separately packaged co-reactants,
such as hardeners or curing agents, are
within the scope. The scope does not include
any separately packaged co-reactants that
would not fall within the scope if entered on
their own.
The scope includes merchandise matching
the above description that has been
processed in a third country, including by
commingling, diluting, introducing, or
removing modifiers or additives, or
performing any other processing that would
not otherwise remove the merchandise from
the scope of the investigation if performed in
the subject country.
The scope also includes epoxy resin that is
commingled or blended with epoxy resin
from sources not subject to this investigation.
Only the subject component of such
commingled products is covered by the scope
of this investigation.
Excluded from the scope are phenoxy
resins, which are polymers with a weight
greater than 11,000 Daltons, a Melt Flow
Index (MFI) at 200 °C (392 °F) no less than
4 grams and no greater than 70 grams per 10
min, Glass-Transition Temperatures (Tg) no
less than 80 °C (176 °F) and no greater than
100 °C (212 °F), and which contain no epoxy
groups other than at the terminal ends of the
molecule.
Excluded from the scope are certain paint
and coating products, which are blends,
mixtures, or other formulations of epoxy
resin, curing agent, and pigment, in any form,
packaged in one or more containers, wherein
(1) the pigment represents a minimum of 10
percent of the total weight of the product, (2)
the epoxy resin represents a maximum of 80
percent of the total weight of the product,
and (3) the curing agent represents 5 to 40
percent of the total weight of the product.
Excluded from the scope are
preimpregnated fabrics or fibers, often
referred to as ‘‘pre-pregs,’’ which are
composite materials consisting of fabrics or
fibers (typically carbon or glass) impregnated
with epoxy resin.
This merchandise is currently classifiable
under Harmonized Tariff Schedule of the
United States (HTSUS) subheading
3907.30.0000. Subject merchandise may also
be entered under subheadings 3907.29.0000,
3824.99.9397, 3214.10.0020, 2910.90.9100,
2910.90.9000, 2910.90.2000, and
1518.00.4000. The HTSUS subheadings are
provided for convenience and customs
purposes only; the written description of the
scope is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Preliminary Negative Determination of
Critical Circumstances
VI. Currency Conversion
VII. Recommendation
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VIII.
[FR Doc. 2024–26259 Filed 11–12–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–884]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies were provided to producers
and exporters of certain hot-rolled steel
flat products (hot-rolled steel) from the
Republic of Korea (Korea). The period of
review (POR) is January 1, 2022,
through December 31, 2022.
Additionally, Commerce is rescinding
the review, in part, with respect to 13
companies which had no entries. We
invite interested parties to comment on
these preliminary results.
DATES: Applicable November 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Kelsie Hohenberger or Nathan James,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2517 or
(202) 482–5305, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In October 2023, Commerce received
requests for an administrative review of
the countervailing duty (CVD) order on
hot-rolled steel from Korea.1 On
December 6, 2023, Commerce published
a notice of initiation of administrative
review of the Order.2 On January 18,
2024, Commerce selected Hyundai Steel
Company (Hyundai Steel) and POSCO
as mandatory respondents in this
administrative review.3 On June 25,
2024, Commerce extended the deadline
for the preliminary results of this
1 See Certain Hot-Rolled Steel Flat Products from
Brazil and the Republic of Korea: Amended Final
Affirmative Countervailing Duty Determinations
and Countervailing Duty Orders, 81 FR 67960
(October 3, 2016) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
84784 (December 6, 2023) (Initiation Notice).
3 See Memorandum, ‘‘Respondent Selection,’’
dated January 18, 2024.
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Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Notices
review.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 November 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 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 merchandise covered by the
Order is hot-rolled steel from Korea. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, In
Part
lotter on DSK11XQN23PROD with NOTICES1
On October 8, 2024, Commerce
notified interested parties that we
intended to rescind this administrative
review for 13 companies for which the
record information shows no suspended
entries of subject merchandise during
the POR.7 No parties commented on the
notification of intent to rescind the
review, in part. Therefore, we find that
there were no entries of subject
merchandise during the POR by the 13
companies listed in Appendix II. As a
result of our finding, we are rescinding
this review, in part, pursuant to 19 CFR
351.213(d)(3), with respect to these
companies. For further information
regarding this determination, see
‘‘Rescission of Administrative Review,
in Part’’ section in the Preliminary
Decision Memorandum.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2022 Countervailing Duty
Administrative Review,’’ dated June 25, 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 Countervailing Duty
Administrative Review; 2022: Certain Hot-Rolled
Steel Flat Products from the Republic of Korea,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
7 See Memorandum, ‘‘Intent to Rescind Review,
in Part,’’ dated October 8, 2024.
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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.8 For a
full description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the net
countervailable subsidy rates for the
period January 1, 2022, through
December 31, 2022 to be:
Subsidy rate
(percent ad
valorem)
Company
Hyundai Steel Company 9 ....
POSCO 10 .............................
2.21
1.47
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).
Interested parties may submit case
briefs or other written comments to the
Assistant Secretary for Enforcement and
Compliance.11 A timeline for the
submission of case briefs and written
comments will be established at a later
date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than five days after the deadline
date for case briefs.12 Interested parties
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.
9 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
company to be cross-owned with Hyundai Steel:
Hyundai Green Power Co., Ltd.
10 The company is also known as POSCO Co., Ltd.
Additionally, as discussed in the Preliminary
Decision Memorandum, Commerce has found the
following companies to be cross-owned with
POSCO: POSCO Holdings, POSCO International
Corporation, POSCO Chemical, POSCO M-Tech,
Pohang Scrap Recycling Distribution Center Co.,
Ltd., POSCO Nippon Steel RHF Joint Venture Co.,
Ltd., and POSCO Mobility Solutions.
11 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 for general filing requirements.
12 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
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89611
that submit case or rebuttal briefs in this
review must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.13
As provided under 19 CFR
351.310(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.14 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).15
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 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
the issues to be discussed. Issues raised
in the hearing will be limited to those
raised in the respective case briefs. If a
request for a hearing is made, Commerce
will inform parties of the scheduled
date for the hearing
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 Rates
Consistent with section 751(a)(1) of
the Act and 19 CFR 351.212(b)(2), upon
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Procedures).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
15 See APO and Service Procedures.
E:\FR\FM\13NON1.SGM
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89612
Federal Register / Vol. 89, No. 219 / Wednesday, November 13, 2024 / Notices
issuance of the final results, 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. We intend to issue
assessment instructions to CBP for these
companies no earlier than 35 days after
the date of publication of this rescission
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).
Dated: November 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3818.
SUPPLEMENTARY INFORMATION:
Appendix I
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on April 29, 2024.1 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.2 On August 12, 2024, Commerce
postponed the preliminary
determination of this investigation until
November 6, 2024.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II 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.
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Diversification of Korea’s Economy
VI. Rescission of Administrative Review, in
Part
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies for Which Commerce Is
Rescinding This Review
1. DCE Inc.
2. Dong Chuel America Inc.
3. Dong Chuel Industrial Co., Ltd.
4. Dongbu Incheon Steel Co., Ltd.
5. Dongbu Steel Co., Ltd.
6. Dongkuk Industries Co., Ltd.
7. Dongkuk Steel Mill Co., Ltd.
8. Hyewon Sni Corporation (H.S.I.)
9. JFE Shoji Trade Korea Ltd.
10. POSCO Coated & Color Steel Co., Ltd.
11. POSCO Daewoo Corporation
12. Soon Hong Trading Co., Ltd.
13. Sung-A Steel Co., Ltd.
[FR Doc. 2024–26251 Filed 11–12–24; 8:45 am]
BILLING CODE 3510–DS–P
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
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. These cash
deposit instructions, when imposed,
shall remain in effect until further
notice.
lotter on DSK11XQN23PROD with NOTICES1
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
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17:40 Nov 12, 2024
Jkt 265001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–926]
Certain Epoxy Resins From India:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that imports of certain epoxy
resins (epoxy resins) from India are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is April 1, 2023, through March
31, 2024. Interested parties are invited
to comment on this preliminary
determination.
AGENCY:
DATES:
Applicable November 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Sean Grossnickle, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
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Scope of the Investigation
The products covered by this
investigation are epoxy resins from
India. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
1 See Certain Expoxy Resins from the People’s
Republic of China, India, the Republic of Korea,
Taiwan, and Thailand: Initiation of Less-Than-Fair
Value Invesitgations, 89 FR 33324 (April 29, 2024)
(Initiation Notice).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Certain Expoxy Resins from the People’s
Republic of China, India, the Republic of Korea,
Taiwan, and Thailand: Postponement of
Preliminary Determinations of Antidumping Duty
Investigations, 89 FR 65583 (August 12, 2024).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Certain
Epoxy Resins from India’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
E:\FR\FM\13NON1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89610-89612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26251]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-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 hot-rolled steel flat products (hot-rolled
steel) from the Republic of Korea (Korea). The period of review (POR)
is January 1, 2022, through December 31, 2022. Additionally, Commerce
is rescinding the review, in part, with respect to 13 companies which
had no entries. We invite interested parties to comment on these
preliminary results.
DATES: Applicable November 13, 2024.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger or Nathan James,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2517 or (202)
482-5305, respectively.
SUPPLEMENTARY INFORMATION:
Background
In October 2023, Commerce received requests for an administrative
review of the countervailing duty (CVD) order on hot-rolled steel from
Korea.\1\ On December 6, 2023, Commerce published a notice of
initiation of administrative review of the Order.\2\ On January 18,
2024, Commerce selected Hyundai Steel Company (Hyundai Steel) and POSCO
as mandatory respondents in this administrative review.\3\ On June 25,
2024, Commerce extended the deadline for the preliminary results of
this
[[Page 89611]]
review.\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 November 6, 2024.
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from Brazil and
the Republic of Korea: Amended Final Affirmative Countervailing Duty
Determinations and Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 84784 (December 6, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated January 18,
2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2022 Countervailing Duty Administrative Review,'' dated
June 25, 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 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.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review; 2022:
Certain Hot-Rolled Steel Flat Products from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is hot-rolled steel from
Korea. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, In Part
On October 8, 2024, Commerce notified interested parties that we
intended to rescind this administrative review for 13 companies for
which the record information shows no suspended entries of subject
merchandise during the POR.\7\ No parties commented on the notification
of intent to rescind the review, in part. Therefore, we find that there
were no entries of subject merchandise during the POR by the 13
companies listed in Appendix II. As a result of our finding, we are
rescinding this review, in part, pursuant to 19 CFR 351.213(d)(3), with
respect to these companies. For further information regarding this
determination, see ``Rescission of Administrative Review, in Part''
section in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Intent to Rescind Review, in Part,'' dated
October 8, 2024.
---------------------------------------------------------------------------
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.\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.
---------------------------------------------------------------------------
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)
------------------------------------------------------------------------
Hyundai Steel Company \9\............................... 2.21
POSCO \10\.............................................. 1.47
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with
Hyundai Steel: Hyundai Green Power Co., Ltd.
\10\ The company is also known as POSCO Co., Ltd. Additionally,
as discussed in the Preliminary Decision Memorandum, Commerce has
found the following companies to be cross-owned with POSCO: POSCO
Holdings, POSCO International Corporation, POSCO Chemical, POSCO M-
Tech, Pohang Scrap Recycling Distribution Center Co., Ltd., POSCO
Nippon Steel RHF Joint Venture Co., Ltd., and POSCO Mobility
Solutions.
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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).
Interested parties may submit case briefs or other written comments
to the Assistant Secretary for Enforcement and Compliance.\11\ A
timeline for the submission of case briefs and written comments will be
established at a later date. Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later than five days after the
deadline date for case briefs.\12\ Interested parties that submit case
or rebuttal briefs in this review must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\13\
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\11\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for
general filing requirements.
\12\ 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).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.310(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.\14\ 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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ 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 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 the issues to
be discussed. Issues raised in the hearing will be limited to those
raised in the respective case briefs. If a request for a hearing is
made, Commerce will inform parties of the scheduled date for the
hearing
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 Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon
[[Page 89612]]
issuance of the final results, 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. We intend to issue assessment instructions to CBP for these
companies no earlier than 35 days after the date of publication of this
rescission 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 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. 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 of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: November 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Diversification of Korea's Economy
VI. Rescission of Administrative Review, in Part
VII. Subsidies Valuation Information
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies for Which Commerce Is Rescinding This Review
1. DCE Inc.
2. Dong Chuel America Inc.
3. Dong Chuel Industrial Co., Ltd.
4. Dongbu Incheon Steel Co., Ltd.
5. Dongbu Steel Co., Ltd.
6. Dongkuk Industries Co., Ltd.
7. Dongkuk Steel Mill Co., Ltd.
8. Hyewon Sni Corporation (H.S.I.)
9. JFE Shoji Trade Korea Ltd.
10. POSCO Coated & Color Steel Co., Ltd.
11. POSCO Daewoo Corporation
12. Soon Hong Trading Co., Ltd.
13. Sung-A Steel Co., Ltd.
[FR Doc. 2024-26251 Filed 11-12-24; 8:45 am]
BILLING CODE 3510-DS-P
