Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2018-2019
| Published date | 29 July 2021 |
| Citation | 86 FR 40808 |
| Record Number | 2021-16172 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 86 Issue 143 (Thursday, July 29, 2021)
[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Notices]
[Pages 40808-40810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16172]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-881]
Certain Cold-Rolled Steel Flat Products From the Republic of
Korea: Final Results of Antidumping Duty Administrative Review; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
cold-rolled steel flat products (cold-rolled steel) from the Republic
of Korea were not sold in the United States at prices below normal
value during the period of review (POR), September 1, 2018, through
August 31, 2019.
DATES: Applicable July 29, 2021.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, George McMahon, or
Marc Castillo, AD/CVD Operations, Office VI, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-4475, (202) 482-1167, or (202) 482-5019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 25, 2021, Commerce published the Preliminary Results of
this administrative review.\1\ We invited interested parties to comment
on the Preliminary Results. Between February 24, and March 5, 2021,
Commerce received timely filed case briefs and rebuttal briefs from
United States Steel Corporation (U.S. Steel), additional domestic
parties,\2\ Hyundai Steel Company (Hyundai), and POSCO/POSCO
International Corporation (POSCO).\3\ On May 14, 2021, we extended the
deadline for issuing the final results until July 23, 2021.\4\
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\1\ See Certain Cold Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2018-2019, 86 FR 6871 (January 25, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ Additional domestic parties include ArcelorMittal USA LLC,
AK Steel Corporation, and Cleveland-Cliffs Steel LLC (collectively,
domestic producers).
\3\ See POSCO's Letter, ``Cold Rolled Steel Flat Products from
the Republic of Korea: POSCO's Case Brief,'' dated February 24,
2021; see also Hyundai's Letter, ``Cold Rolled Steel Flat Products
from the Republic of Korea: Hyundai Steel's Case Brief,'' dated
February 24, 2021; U.S. Steel's Letter, ``Certain Cold-Rolled Steel
Flat Products From the Republic of Korea: Case Brief of United
States Steel Corporation,'' dated February 24, 2021; POSCO's Letter,
``Cold Rolled Steel Flat Products From the Republic of Korea:
POSCO's Rebuttal Brief,'' dated March 5, 2021; Hyundai's Letter,
``Cold Rolled Steel Flat Products From the Republic of Korea:
Hyundai Steel's Rebuttal Brief,'' dated March 5, 2021; US Steel's
and Domestic Producers' Letter, ``Cold-Rolled Steel Flat Products
From South Korea: Rebuttal Brief of United States Steel
Corporation,'' dated March 5, 2021; and U.S. Steel and Domestic
Producers' Letter, ``Cold Rolled Steel Flat Products from Korea:
Petitioners' Rebuttal Brief Concerning POSCO,'' dated March 5, 2021.
\4\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review,'' dated May 14, 2021.
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For a complete description of the events that followed the
Preliminary Results, see the Issues and Decision Memorandum, dated
concurrently with these final results and hereby adopted by this
notice.\5\ 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 on the internet at http://enforcement.trade.gov/frn/index.html.
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Administrative Review of the
Antidumping Duty Order on Certain Cold-Rolled Steel Flat Products
from the Republic of Korea,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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This review covers three producers and exporters of the subject
merchandise. Based on an analysis of the comments received, we made
certain changes to the margin calculations. The weighted-average
dumping margins are listed in the ``Final Results of the Review''
section of this notice. Commerce conducted this administrative review
in accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
[[Page 40809]]
Scope of the Order
The product covered by the Order \6\ is cold-rolled steel from the
Republic of Korea. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
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\6\ See Certain Cold Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20,
2016) (Order).
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Analysis of Comments Received
All arguments raised in the case and rebuttal briefs are listed in
the appendix to this notice and addressed in the Issues and Decision
Memorandum.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the margin calculations for Hyundai Steel Company (Hyundai)
and POSCO/POSCO International Corporation (POSCO). For a discussion of
these changes, see the ``Margin Calculations'' section of the Issues
and Decision Memorandum.\7\
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\7\ See Issues and Decision Memorandum; see also Memorandum,
``Final Determination Calculations for Hyundai,'' dated concurrently
with this notice; and Memorandum, ``Final Determination Calculations
for POSCO/PIC,'' dated concurrently with this notice.
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Rate for Non-Examined Company
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .'' Section
735(c)(5)(B) of the Act also provides that, where all rates for
individually examined companies are zero, de minimis, or based entirely
on facts available, Commerce may use ``any reasonable method'' for
assigning the rate to all other respondents. The SAA states that one
such reasonable method is to weight-average the rates that are zero, de
minimis, and based entirely on facts available.\8\
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\8\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) at
873 (1994) (SAA).
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For these final results, we calculated weighted-average dumping
margins for Hyundai and POSCO that are zero percent, and we have
assigned this zero percent rate to the company not individually
examined in this review (i.e., KG Dongbu Steel Co., Ltd) pursuant to
section 735(c)(5)(B) of the Act.\9\
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\9\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
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Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period September 1, 2018, through August 31,
2019:
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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Hyundai Steel Company....................................... 0.00
POSCO/POSCO International Corporation \10\.................. 0.00
KG Dongbu Steel Co., Ltd \11\............................... 0.00
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Disclosure
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\10\ Commerce has collapsed POSCO and POSCO International
Corporation (PIC), treating these companies as a single entity.
Commerce also finds that PIC is the successor-in-interest to POSCO
Daewoo Corporation (PDW), and, as a consequence, is part of the
collapsed POSCO single entity. See Memorandum, ``Cold-Rolled Steel
Flat Products from the Republic of Korea: POSCO and POSCO
International Corporation Affiliation and Collapsing Memorandum,''
dated January 15, 2021 at 9-10.
\11\ Commerce determined that KG Dongbu Steel Co., Ltd. (KG
Dongbu Steel) is the successor-in-interest to Dongbu Steel Co., Ltd.
(Dongbu Steel) and Dongbu Incheon Steel Co., Ltd. (Dongbu Incheon)
for purposes of determining antidumping duty (AD) cash deposits and
liabilities pursuant to the AD orders on certain cold-rolled steel
and certain corrosion resistant steel products from Korea. See
Certain Cold-Rolled Steel Flat Products and Certain Corrosion-
Resistant Steel Products from the Republic of Korea: Preliminary
Results of Antidumping Duty and Countervailing Duty Changed
Circumstance Reviews, 86 FR 287 (January 5, 2021), unchanged in
Certain Cold-Rolled Steel Flat Products and Certain Corrosion-
Resistant Steel Products from the Republic of Korea: Final Results
of Antidumping and Countervailing Duty Changed Circumstances
Reviews, 86 FR 10922 (February 23, 2021).
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Commerce intends to disclose the calculations performed for these
final results within five days of the date of publication of this
notice in the Federal Register, to parties in this proceeding, 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)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), where the respondent did not
report entered value, we calculated the entered value in order to
calculate the assessment rate. Where the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties. In accordance with Commerce's practice, for
entries of subject merchandise during the POR for which the reviewed
companies did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate such entries at the all-
others rate if there is no company-specific rate for the intermediate
company(ies) involved in the transaction.\12\
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\12\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May
6, 2003).
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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.\13\ Consistent with its recent notice,\14\
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).
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\13\ See section 751(a)(2)(C) of the Act.
\14\ See Notice of Discontinuation Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash 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 each specific
company listed above will be zero; (2) for previously investigated
companies
[[Page 40810]]
not participating in this review, the cash deposit will continue to be
the company-specific rate published for the most recently completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, or the original less-than-fair-value (LTFV)
investigation, but the manufacturer is, then the cash deposit rate will
be the rate established for the most recent segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 20.33 percent,\15\
the all-others rate established in the LTFV investigation. These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\15\ See Order.
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Notification to Importers
This notice serves as a final 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 POR. 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 Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: July 23, 2021.
Christian Marsh,
Acting 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. Changes Since the Preliminary Results
V. Rate for Non-Examined Company
VI. Discussion of the Issues
Comment 1-A: Lawfulness of Commerce's Interpretation of the
Particular Market Situation (PMS) Provision
Comment 1-B: Evidence of a PMS
Comment 1-C: Quantification of PMS Adjustment
Comment 2: Constructed Export Price (CEP) Offset for POSCO
Comment 3: Correction of Calculation Errors
Comment 4: Whether Hyundai's Cost Accounting Merits Adverse
Facts Available (AFA)
Comment 5: Assignment of an Assessment Rate to a Certain U.S.
Affiliate
VII. Recommendation
[FR Doc. 2021-16172 Filed 7-28-21; 8:45 am]
BILLING CODE 3510-DS-P
