Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016-2018

Published date17 July 2019
Citation84 FR 34119
Record Number2019-15196
SectionNotices
CourtInternational Trade Administration
Federal Register, Volume 84 Issue 137 (Wednesday, July 17, 2019)
[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
                [Notices]
                [Pages 34119-34121]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-15196]
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                DEPARTMENT OF COMMERCE
                International Trade Administration
                [A-580-887]
                Carbon and Alloy Steel Cut-to-Length Plate From the Republic of
                Korea: Preliminary Results of Antidumping Duty Administrative Review;
                2016-2018
                AGENCY: Enforcement and Compliance, International Trade Administration,
                Department of Commerce.
                SUMMARY: The Department of Commerce (Commerce) preliminarily determines
                that the POSCO single entity and eleven non-examined companies made
                sales of subject merchandise at less than normal value (NV) during the
                period of review (POR) November 14, 2016 through April 30, 2018.
                Interested parties are invited to comment on these preliminary results
                of review.
                DATES: Applicable July 17, 2019.
                FOR FURTHER INFORMATION CONTACT: Michael Bowen or William Horn, 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) 482-0768 or (202)
                482-4868, respectively.
                Scope of the Order
                 The products covered by the order are certain carbon and alloy
                steel hot-rolled or forged flat plate products not in coils, whether or
                not painted, varnished, or coated with plastics or other non-metallic
                substances from the Republic of Korea. Products subject to the order
                are currently classified in the Harmonized Tariff Schedule of the
                United States (HTSUS) under item numbers: 7208.40.3030, 7208.40.3060,
                7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000,
                7211.14.0030, 7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005,
                7225.40.3050, 7226.20.0000, and 7226.91.5000. Although the HTSUS
                subheadings are provided for convenience and customs purposes, the
                written description of the merchandise subject to this scope is
                dispositive.\1\
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                 \1\ For a full description of the scope of the order see
                Memorandum, ``Decision Memorandum for the Preliminary Results of the
                2016-2018 Administrative Review: Certain Carbon and Alloy Steel Cut-
                To-Length Plate from the Republic of Korea,'' dated concurrently
                with, and hereby adopted by, this notice (Preliminary Decision
                Memorandum).
                SUPPLEMENTARY INFORMATION:
                Background
                 On July 12, 2018, based on a timely request for review, in
                accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
                review on certain carbon and alloy steel cut-to-length plate from the
                Republic of Korea for fourteen companies.\2\ We selected POSCO/POSCO
                Daewoo Corporation as the mandatory respondent because it was the only
                company under review that had entries of subject merchandise during the
                POR.\3\ In December 2018, we extended the preliminary results of this
                review to no later than May 1, 2019.\4\ Commerce exercised its
                discretion to toll all deadlines affected by the partial federal
                government closure from December 22, 2018 through the resumption of
                operations on January 29, 2019.\5\ In June 2019, we extended the
                preliminary results of this review to no later than July 10, 2019.\6\
                For a complete
                [[Page 34120]]
                description of the events that followed the initiation of this review,
                see the Preliminary Decision Memorandum.
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                 \2\ See Initiation of Antidumping and Countervailing Duty
                Administrative Reviews, 83 FR 32273 (July 12, 2018).
                 \3\ See Memorandum, ``Administrative Review of Carbon and Alloy
                Steel Cut-to-Length Plate from the Republic of Korea: Respondent
                Selection'' dated October 4, 2018.
                 \4\ See Memorandum, ``Carbon and Alloy Steel Cut-To-Length Plate
                from the Republic of Korea: Extension of the Deadline for
                Preliminary Results of the Antidumping Duty Administrative Review;
                2016-2018,'' dated December 17, 2018.
                 \5\ See Memorandum to the Record from Gary Taverman, Deputy
                Assistant Secretary for Antidumping and Countervailing Duty
                Operations, performing the non-exclusive functions and duties of the
                Assistant Secretary for Enforcement and Compliance, ``Deadlines
                Affected by the Partial Shutdown of the Federal Government,'' dated
                January 28, 2019. All deadlines in this segment of the proceeding
                have been extended by 40 days.
                 \6\ See Memorandum, ``Carbon and Alloy Steel Cut-To-Length Plate
                from the Republic of Korea: Extension of the Deadline for
                Preliminary Results of the Antidumping Duty Administrative Review;
                2016-2018,'' dated June 3, 2019.
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                Methodology
                 Commerce is conducting this review in accordance with section
                751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
                Export price and constructed export price are calculated in accordance
                with section 772 of the Act. NV is calculated in accordance with
                section 773 of the Act.
                 For a full description of the methodology underlying our
                conclusions, see the Preliminary Decision Memorandum. 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 and it is available to all
                parties in the Central Records Unit, Room B8024 of the main Commerce
                building. In addition, a complete version of the Preliminary Decision
                Memorandum can be accessed directly at https://enforcement.trade.gov/frn/index.htm. The signed and electronic versions of the Preliminary
                Decision Memorandum are identical in content. A list of the topics
                discussed in the Preliminary Decision Memorandum is attached as an
                Appendix to this notice.
                Preliminary Results of the Review
                 As a result of this review, Commerce preliminarily determines that
                the following weighted-average dumping margin exists for the period
                November 14, 2016 through April 30, 2018: \7\
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                 \7\ See Preliminary Decision Memorandum
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                 Weighted-
                 average
                 Exporter or producer dumping
                 margin
                 (percent)
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                POSCO single entity \8\..................................... 20.09
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                 Review-Specific Average Rate Applicable to the Following Companies:
                \9\
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                 \8\ Commerce is preliminarily determining that POSCO, POSCO
                Daewoo Corporation, POSCO Processing and Service Co., Ltd. and
                certain distributors and service centers are affiliated pursuant to
                section 771(33)(E) of the Act, and further that these companies
                should be treated as a single entity (collectively, the POSCO single
                entity) pursuant to 19 CFR 351.401(f). See Preliminary Decision
                Memorandum.
                 \9\ This rate is based on the rates for the respondents that
                were selected for individual review, excluding rates that are zero,
                de minimis or based entirely on facts available. See section
                735(c)(5)(A) of the Act.
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                 Weighted-
                 average
                 Exporter/producer dumping
                 margin
                 (percent)
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                Buma Ce Co., Ltd............................................ 20.09
                Dong Yang Steel Pipe Co., Ltd............................... 20.09
                Dongkuk Steel Mill Co., Ltd................................. 20.09
                Expeditors Korea Ltd........................................ 20.09
                Haem Co., Ltd............................................... 20.09
                Hyundai Glovis Co., Ltd..................................... 20.09
                Hyundai Steel Company....................................... 20.09
                J.I. Sea & Air Express Co., Ltd............................. 20.09
                Maxpeed Co., Ltd............................................ 20.09
                Rames Logistics Co., Ltd.................................... 20.09
                Sumitomo Corp. Korea Ltd.................................... 20.09
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                Disclosure and Public Comment
                 Commerce intends to disclose the calculations performed in
                connection with these preliminary results to interested parties within
                five days of the date of publication of this notice.\10\ Interested
                parties may submit case briefs to Commerce no later than 30 days after
                the date of publication of this notice.\11\ Rebuttal briefs, limited to
                issues raised in the case briefs, may be filed not later than five days
                after the date for filing case briefs.\12\ Parties who submit case
                briefs or rebuttal briefs in this proceeding are encouraged to submit
                with each argument: (1) A statement of the issue; (2) a brief summary
                of the argument; and (3) a table of authorities.\13\ Case and rebuttal
                briefs should be filed using ACCESS.\14\
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                 \10\ See 19 CFR 351.224(b).
                 \11\ See 19 CFR 351.309(c)(1)(ii).
                 \12\ See 19 CFR 351.309(d).
                 \13\ See 19 CFR 351.309(c)(2) and (d)(2).
                 \14\ See 19 CFR 351.303.
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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, U.S. Department of Commerce,
                filed electronically via ACCESS within 30 days after the date of
                publication of this notice.\15\ Hearing requests should contain: (1)
                The party's name, address, and telephone number; (2) the number of
                participants; and (3) a list of issues to be discussed. Issues raised
                in the hearing will be limited to issues raised in the briefs. If a
                request for a hearing is made, parties will be notified of the time and
                date for the hearing to be held at the U.S. Department of Commerce,
                1401 Constitution Avenue NW, Washington, DC 20230.\16\
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                 \15\ See 19 CFR 351.310(c).
                 \16\ See 19 CFR 351.310(d).
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                 An electronically-filed document must be received successfully in
                its entirety by ACCESS by 5 p.m. Eastern Time on the established
                deadline.
                 Commerce intends to issue the final results of this administrative
                review, including the results of its analysis of issues raised in any
                written briefs, not later than 120 days after the date of publication
                of this notice, unless otherwise extended.\17\
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                 \17\ See section 751(a)(3)(A) of the Act.
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                Assessment Rates
                 Upon publication of the final results of this administrative
                review, Commerce shall determine, and U.S. Customs and Border
                Protection (CBP) shall assess, antidumping duties on all appropriate
                entries covered by this review.\18\
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                 \18\ See 19 CFR 351.212(b)(1).
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                 Pursuant to 19 CFR 351.212(b)(1), where the respondents reported
                the entered value of its U.S. sales, we will calculate importer-
                specific ad valorem duty assessment rates based on the ratio of the
                total amount of dumping calculated for the examined sales to the total
                entered value of such sales. Where the respondent did not report
                entered value, we will calculate importer-specific assessment rates on
                the basis of the ratio of the total amount of dumping calculated for
                the importer's examined sales and the total quantity of those sales, in
                accordance with 19 CFR 351.212(b)(1).\19\ We will also calculate
                (estimated) ad valorem importer-specific assessment rates with which to
                assess whether the per-unit assessment rate is de minimis. We will
                instruct CBP to assess antidumping duties on all appropriate entries
                covered by this review when the importer-specific ad valorem assessment
                rate calculated in the final results of this review is not zero or de
                minimis. Where either the respondent's ad valorem weighted-average
                dumping margin is zero or de minimis, or an importer-specific ad
                valorem assessment rate is zero or de minimis,\20\ we will instruct CBP
                to liquidate the appropriate entries without regard to antidumping
                duties. We intend to instruct CBP to take into account the
                ``provisional measures deposit cap,'' in accordance with 19 CFR
                351.212(d).
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                 \19\ In these preliminary results, Commerce applied the
                assessment rate calculation method adopted in Antidumping
                Proceedings: Calculation of the Weighted-Average Dumping Margin and
                Assessment Rate in Certain Antidumping Proceedings: Final
                Modification, 77 FR 8101 (February 14, 2012).
                 \20\ See 19 CFR 351.106(c)(2).
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                 For the companies which were not selected for individual review, we
                will assign an assessment rate based on the weighted-average dumping
                margin calculated for the POSCO single entity.
                [[Page 34121]]
                The final results of this review shall be the basis for the assessment
                of antidumping duties on entries of merchandise covered by the final
                results of this review and for future deposits of estimated duties,
                where applicable.
                 Commerce's ``reseller policy'' will apply to entries of subject
                merchandise during the POR produced by the POSCO single entity for
                which the POSCO single entity did not know that the merchandise it sold
                to the intermediary (e.g., a reseller, trading company, or exporter)
                was destined for the United States. In such instances, we will instruct
                CBP to liquidate unreviewed entries at the all-others rate if there is
                no rate for the intermediate company(ies) involved in the
                transaction.\21\
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                 \21\ For a full discussion of this practice, see Antidumping and
                Countervailing Duty Proceedings: Assessment of Antidumping Duties,
                68 FR 23954 (May 6, 2003).
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                 We intend to issue instructions to CBP 15 days after the date of
                publication of the final results of this review.
                Cash Deposit Requirements
                 The following deposit requirements will be effective for all
                shipments of the subject merchandise entered, or withdrawn from
                warehouse, for consumption on or after the publication date of the
                final results of this administrative review, as provided by section
                751(a)(2)(C) of the Act: (1) The cash deposit rate for the POSCO single
                entity and all other companies subject to this review will be equal to
                the weighted-average dumping margin established in the final results of
                this review, except if the rate is less than 0.50 percent and,
                therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
                which case the cash deposit rate will be zero; (2) for companies not
                participating in this review, the cash deposit rate will continue to be
                the company-specific cash deposit rate published for the most recently
                completed segment; (3) if the exporter is not a firm covered in this
                review, or the original less-than-fair-value (LTFV) investigation, but
                the producer is, the cash deposit rate will be the cash deposit rate
                established for the most recently completed segment for the producer of
                the merchandise; and (4) the cash deposit rate for all other producers
                or exporters will continue to be 7.39 percent, the all-others rate
                established in the LTFV investigation.\22\ These deposit requirements,
                when imposed, shall remain in effect until further notice.
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                 \22\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
                Austria, Belgium, France, the Federal Republic of Germany, Italy,
                Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
                Antidumping Determinations for France, the Federal Republic of
                Germany, the Republic of Korea and Taiwan, and Antidumping Duty
                Orders, 82 FR 24096, 24098 (May 25, 2017).
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                Notification to Importers
                 This notice serves as a preliminary reminder to importers of their
                responsibility under 19 CFR 351.402(f)(2) to file a certificate
                regarding the reimbursement of antidumping duties prior to liquidation
                of the relevant entries during this review period. Failure to comply
                with this requirement could result in Commerce's presumption that
                reimbursement of antidumping duties occurred and the subsequent
                assessment of double antidumping duties.
                Notification to Interested Parties
                 We are issuing and publishing these preliminary results in
                accordance with sections 751(a)(1) and 777(i)(1) of the Act.
                 Dated: July 10, 2019.
                Jeffrey I. Kessler,
                Assistant Secretary for Enforcement and Compliance.
                Appendix
                List of Topics Discussed in the Preliminary Decision Memorandum
                I. Summary
                II. Background
                III. Scope of the Order
                IV. Companies Not Selected for Individual Examination
                V. Affiliation and Collapsing
                VI. Discussion of the Methodology
                VII. Currency Conversion
                VIII. Recommendation
                [FR Doc. 2019-15196 Filed 7-16-19; 8:45 a.m.]
                 BILLING CODE 3510-DS-P
                

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