Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2022, 99224-99225 [2024-28990]
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99224
Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices
Subsidy rate 2021
(percent ad valorem)
Company
Shri Sumati Industries Private Limited ....................................................................................
Shanti Worldwide .....................................................................................................................
Disclosure
Commerce intends to disclose its
calculations and analysis performed in
connection with these final results to
interested parties within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of publication of this notice,
in accordance with 19 CFR 351.224(b).
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)
shall assess, countervailing duties on all
appropriate entries of subject
merchandise 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).
khammond on DSK9W7S144PROD with NOTICES
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
companies listed above for shipments of
subject merchandise which entered, or
were withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or most recent companyspecific rate applicable to the company,
as appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Administrative Protective Order (APO)
This notice also serves as the final
reminder to parties subject to an APO of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
VerDate Sep<11>2014
17:28 Dec 09, 2024
Jkt 265001
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)(1) of the Act, and 19
CFR 351.213 and 351.221(b)(5).
Dated: December 3, 2024.
Abdelali Elouaradia,
Deputy 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
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether To Apply Adverse
Facts Available (AFA) to the Duty
Drawback Scheme (DDB)
Comment 2: Whether To Apply AFA to the
Interest Equalization Scheme (IES)
Comment 3: Whether To Treat Transport
and Marketing Assistance for Specified
Agricultural Products (TMA) as a NonRecurring Grant Program
VIII. Recommendation
[FR Doc. 2024–28991 Filed 12–9–24; 8:45 am]
BILLING CODE 3510–DS–P
Subsidy rate 2022
(percent ad valorem)
8.82
261.80
5.15
261.80
January 1, 2022, through December 31,
2022.
DATES:
Applicable December 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Faris Montgomery or Laurel Smalley,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1537 or
(202) 482–3456, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 31, 2024, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register, and invited interested
parties to comment.1 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.2 On September 6, 2024,
Commerce extended the deadline for the
final results of this review to no later
than December 4, 2024.3 For a complete
description of the events that followed
the Preliminary Results, see the Issues
and Decision Memorandum.4
We conducted this review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order 5
The merchandise covered by the
Order is CTL plate. For a complete
description of the scope of the Order,
see the Issues and Decision
Memorandum.
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–888]
Certain Carbon and Alloy Steel Cut-toLength Plate 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
countervailable subsidies were provided
to POSCO Co., Ltd. (POSCO), a producer
and exporter of certain carbon and alloy
steel cut-to-length plate (CTL plate)
from the Republic of Korea (Korea),
during the period of review (POR) from
AGENCY:
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
1 See Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea:
Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2022,
89 FR 47131 (May 31, 2024) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Countervailing Duty Administrative
Review,’’ dated September 6, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review:
Certain Carbon and Alloy Steel Cut-to-Length Plate
from the Republic of Korea; 2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
5 See Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea:
Countervailing Duty Order, 82 FR 24103 (May 25,
2017) (Order).
E:\FR\FM\10DEN1.SGM
10DEN1
Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices
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 at the
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). 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.
These cash deposit requirements,
effective upon publication of these final
results, shall remain in effect until
further notice.
Assessment Rates
This notice also serves as a reminder
to parties subject to an 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.
Based on our analysis of the case and
rebuttal briefs and the evidence on the
record, we made certain changes to
POSCO’s countervailable subsidy
calculations from the Preliminary
Results. These changes are explained in
the Issues and Decision Memorandum.
Methodology
Cash Deposit Requirements
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
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 The Issues and Decision
Memorandum contains a full
description of the methodology
underlying Commerce’s conclusions.
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
amount shown for the company 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.8
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 (i.e., 3.72 percent), as appropriate.9
Final Results of Review
In accordance with 19 CFR
351.221(b)(5), we calculated an
individual net countervailable subsidy
rate for POSCO. Commerce determines
that, during the POR, the net
countervailable subsidy rate for the
producers/exporter under review is as
follows:
Producer/exporter
Subsidy rate
(percent ad valorem)
POSCO Co., Ltd.7 ....
1.47
Disclosure
khammond on DSK9W7S144PROD with NOTICES
connection with these final results to
interested parties within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of publication of this notice,
in accordance with 19 CFR 351.224(b)
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(2),
Commerce has determined, and CBP
shall assess, countervailing duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review, for the
above-listed company at the applicable
ad valorem assessment rate. 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).
Changes Since the Preliminary Results
Commerce intends to disclose its
calculations and analysis performed in
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.
7 As discussed in the Preliminary Results,
Commerce found the following companies to be
cross-owned with POSCO: POSCO Chemical Co.,
Ltd.; POSCO Holdings Inc.; POSCO Mobility
VerDate Sep<11>2014
17:28 Dec 09, 2024
Jkt 265001
99225
Solution Co., Ltd.; POSCO M-Tech Co., Ltd.; and
POSCO Nippon Steel RHF Joint Venture Co., Ltd.
The subsidy rate applies to all cross-owned
companies. We note that POSCO has an affiliated
trading company through which it exported certain
subject merchandise during the POR, POSCO
International (aka POSCO International
Corporation). POSCO International was not selected
as a mandatory respondent but was examined in the
context of POSCO. Therefore, there is not an
established countervailing duty rate for POSCO
International; POSCO International’s subsidies are
accounted for in POSCO’s total subsidy rate.
Instead, entries of subject merchandise exported by
POSCO International will receive the rate of the
producer listed on the U.S. Customs and Border
Protection (CBP) entry form. Thus, the subsidy rate
applied to POSCO and POSCO’s cross-owned
companies is also applied to POSCO International
for entries of subject merchandise produced by
POSCO.
8 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.
9 See Order, 82 FR 24103.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Administrative Protective Order (APO)
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 4, 2024.
Abdelali Elouaradia,
Deputy 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 the Comments
Comment 1: Whether Electricity Is
Subsidized by the Government of Korea
(GOK)
Comment 2: Whether the Provision of
Korea Emissions Trading System (K–
ETS) Permits Is Countervailable
Comment 3: Whether Local Tax
Deductions Under the Restriction of
Special Local Taxation Act (RSLTA)
Article 57–2 Are Countervailable
Comment 4: Whether the Benchmark
Calculation for Electricity for More Than
Adequate Remuneration (MTAR)
Correctly Reflects the Volume of
Electricity Purchased
Comment 5: Whether the Quota Tariff
Import Duty Exemptions Under Article
71 of the Customs Act Program Is De
Facto Specific
Comment 6: Whether Certain Tax
Exemptions, Import Duty Exemptions,
and Loans Are Tied to the Production of
Non-Subject Merchandise
VII. Recommendation
[FR Doc. 2024–28990 Filed 12–9–24; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Notices]
[Pages 99224-99225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28990]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-888]
Certain Carbon and Alloy Steel Cut-to-Length Plate 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
countervailable subsidies were provided to POSCO Co., Ltd. (POSCO), a
producer and exporter of certain carbon and alloy steel cut-to-length
plate (CTL plate) from the Republic of Korea (Korea), during the period
of review (POR) from January 1, 2022, through December 31, 2022.
DATES: Applicable December 10, 2024.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Laurel Smalley,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1537
or (202) 482-3456, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 31, 2024, Commerce published the Preliminary Results of this
administrative review in the Federal Register, and invited interested
parties to comment.\1\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\2\ On
September 6, 2024, Commerce extended the deadline for the final results
of this review to no later than December 4, 2024.\3\ For a complete
description of the events that followed the Preliminary Results, see
the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Republic of Korea: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2022, 89 FR 47131 (May
31, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated September 6,
2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review:
Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic
of Korea; 2022,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
We conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order \5\
---------------------------------------------------------------------------
\5\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May
25, 2017) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is CTL plate. For a complete
description of the scope of the Order, see the Issues and Decision
Memorandum.
[[Page 99225]]
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 at the 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). 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 to POSCO's
countervailable subsidy calculations 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 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\ The Issues and Decision
Memorandum contains a full description of the methodology underlying
Commerce's conclusions.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we calculated an
individual net countervailable subsidy rate for POSCO. Commerce
determines that, during the POR, the net countervailable subsidy rate
for the producers/exporter under review is as follows:
------------------------------------------------------------------------
Subsidy rate (percent
Producer/exporter ad valorem)
------------------------------------------------------------------------
POSCO Co., Ltd.\7\............................... 1.47
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\7\ As discussed in the Preliminary Results, Commerce found the
following companies to be cross-owned with POSCO: POSCO Chemical
Co., Ltd.; POSCO Holdings Inc.; POSCO Mobility Solution Co., Ltd.;
POSCO M-Tech Co., Ltd.; and POSCO Nippon Steel RHF Joint Venture
Co., Ltd. The subsidy rate applies to all cross-owned companies. We
note that POSCO has an affiliated trading company through which it
exported certain subject merchandise during the POR, POSCO
International (aka POSCO International Corporation). POSCO
International was not selected as a mandatory respondent but was
examined in the context of POSCO. Therefore, there is not an
established countervailing duty rate for POSCO International; POSCO
International's subsidies are accounted for in POSCO's total subsidy
rate. Instead, entries of subject merchandise exported by POSCO
International will receive the rate of the producer listed on the
U.S. Customs and Border Protection (CBP) entry form. Thus, the
subsidy rate applied to POSCO and POSCO's cross-owned companies is
also applied to POSCO International for entries of subject
merchandise produced by POSCO.
---------------------------------------------------------------------------
Commerce intends to disclose its calculations and analysis
performed in connection with these final results to interested parties
within five days of its public announcement, or if there is no public
announcement, within five days of the date of publication of this
notice, in accordance with 19 CFR 351.224(b)
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and CBP shall assess,
countervailing duties on all appropriate entries of subject merchandise
in accordance with the final results of this review, for the above-
listed company at the applicable ad valorem assessment rate. 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
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amount shown for the company 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.\8\ 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 (i.e., 3.72 percent), as
appropriate.\9\ These cash deposit requirements, effective upon
publication of these final results, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\8\ 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.
\9\ See Order, 82 FR 24103.
---------------------------------------------------------------------------
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an 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 of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act, and 19 CFR 351.221(b)(5).
Dated: December 4, 2024.
Abdelali Elouaradia,
Deputy 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 the Comments
Comment 1: Whether Electricity Is Subsidized by the Government
of Korea (GOK)
Comment 2: Whether the Provision of Korea Emissions Trading
System (K-ETS) Permits Is Countervailable
Comment 3: Whether Local Tax Deductions Under the Restriction of
Special Local Taxation Act (RSLTA) Article 57-2 Are Countervailable
Comment 4: Whether the Benchmark Calculation for Electricity for
More Than Adequate Remuneration (MTAR) Correctly Reflects the Volume
of Electricity Purchased
Comment 5: Whether the Quota Tariff Import Duty Exemptions Under
Article 71 of the Customs Act Program Is De Facto Specific
Comment 6: Whether Certain Tax Exemptions, Import Duty
Exemptions, and Loans Are Tied to the Production of Non-Subject
Merchandise
VII. Recommendation
[FR Doc. 2024-28990 Filed 12-9-24; 8:45 am]
BILLING CODE 3510-DS-P
