Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Preliminary Results and Preliminary Intent To Rescind, in Part, the Countervailing Duty Administrative Review; 2020

CourtInternational Trade Administration
Citation87 FR 11688
Published date02 March 2022
Record Number2022-04355
Federal Register, Volume 87 Issue 41 (Wednesday, March 2, 2022)
[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
                [Notices]
                [Pages 11688-11690]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-04355]
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                DEPARTMENT OF COMMERCE
                International Trade Administration
                [C-580-837]
                Certain Cut-to-Length Carbon-Quality Steel Plate From the
                Republic of Korea: Preliminary Results and Preliminary Intent To
                Rescind, in Part, the Countervailing Duty Administrative Review; 2020
                AGENCY: Enforcement and Compliance, International Trade Administration,
                U.S. Department of Commerce.
                SUMMARY: The Department of Commerce (Commerce) preliminarily determines
                that certain exporters/producers of certain cut-to-length plate (CTL
                plate) from the Republic of Korea (Korea) received countervailable
                subsidies during the period of review (POR), January 1, 2020, through
                December 31, 2020. Commerce preliminarily determines that the mandatory
                respondent, Hyundai Steel Company (Hyundai Steel), received de minimis
                net countervailable subsidies during the POR. Commerce preliminarily
                determines that Dongkuk Steel Mill Co., Ltd. (DSM), which was not
                individually examined in this review, received net
                [[Page 11689]]
                countervailable subsidies. We invite interested parties to comment on
                these preliminary results.
                DATES: Applicable March 2, 2022.
                FOR FURTHER INFORMATION CONTACT: Stephanie Berger, AD/CVD Operations,
                Office III, Enforcement and Compliance, International Trade
                Administration, U.S. Department of Commerce, 1401 Constitution Avenue
                NW, Washington, DC 20230; telephone: (202) 482-2483.
                SUPPLEMENTARY INFORMATION:
                Background
                 On February 10, 2000, Commerce published in the Federal Register
                the countervailing duty (CVD) order on CTL plate from Korea.\1\ On
                February 2, 2021, Commerce published in the Federal Register its
                initiation of the CVD administrative review of the Order for the period
                of January 1, 2020, to December 31, 2020.\2\ On June 3, 2021, Commerce
                selected Hyundai Steel as the sole mandatory respondent in this
                administrative review.\3\
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                 \1\ See Notice of Amended Final Determinations: Certain Cut-to-
                Length Carbon-Quality Steel Plate from India and the Republic of
                Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
                Length Carbon-Quality Steel Plate from France, India, Indonesia,
                Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000)
                (Order).
                 \2\ See Initiation of Antidumping and Countervailing Duty
                Administrative Reviews, 86 FR 17124 (April 1, 2021).
                 \3\ See Memorandum, ``Administrative Review of the
                Countervailing Duty Order of Certain Cut-to-Length Carbon-Quality
                Steel Plate from the Republic of Korea; Respondent Selection,''
                dated June 3, 2021.
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                 On October 1, 2021, Commerce extended the deadline for issuance of
                the preliminary results of this review by 117 days, until February 25,
                2022, in accordance with 19 CFR 351.213(h)(2).\4\
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                 \4\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel
                Plate from the Republic of Korea: Countervailing Duty Administrative
                Review; 2020: Extension of Deadline for Preliminary Results,'' dated
                October 1, 2021.
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                 A list of topics discussed in the Preliminary Decision Memorandum
                is included in the appendix to this notice. For a complete description
                of the events that followed the initiation of this review, see the
                Preliminary Decision Memorandum.\5\ 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.
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                 \5\ See Memorandum, ``Decision Memorandum for the Preliminary
                Results of the Countervailing Duty Administrative Review, 2020:
                Certain Cut-To-Length Carbon-Quality Steel Plate from the Republic
                of Korea,'' dated concurrently with, and hereby adopted by, this
                notice (Preliminary Decision Memorandum).
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                Scope of the Order
                 The product covered by this Order is certain cut-to-length carbon-
                quality steel plate. For a complete description of the scope of the
                Order, see the Preliminary Decision Memorandum.
                Preliminary Intent To Rescind Administrative Review, in Part
                 Based on our analysis of U.S. Customs and Border Protection (CBP)
                data and comments received from interested parties, we preliminarily
                determine that two companies, BDP International and Sung Jin Steel Co.,
                Ltd, had no reviewable shipments, sales or entries of subject
                merchandise during the POR.
                 Absent any evidence of shipments placed on the record, pursuant to
                19 CFR 351.213(d)(3), we intend to rescind the administrative review of
                these companies in the final results of review. For further
                information, see ``Preliminary Intent to Rescind Administrative Review,
                in Part'' in the Preliminary Decision Memorandum.
                Methodology
                 Commerce is conducting this CVD administrative 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, we
                preliminarily determine that there is a subsidy, i.e., a financial
                contribution by an ``authority'' that confers a benefit to the
                recipient, and that the subsidy is specific.\6\ For a full description
                of the methodology underlying our conclusions, see the Preliminary
                Decision Memorandum.
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                 \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.
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                Rate for Non-Selected Companies Under Review
                 To determine the rate for companies not selected for individual
                examination, Commerce's practice is to follow the instructions to
                calculate the all-others rate under section 705(c)(5) of the Act and
                weight average the net subsidy rates for the selected mandatory
                companies, excluding rates that are zero, de minimis, or based entirely
                on facts available.\7\ In this review, we preliminarily calculated a de
                minimis subsidy rate for the sole mandatory respondent (i.e., Hyundai
                Steel) during the POR. In CVD proceedings, where the number of
                respondents being individually examined has been limited, Commerce has
                determined that a ``reasonable method'' to use to determine the rate
                applicable to companies that were not individually examined when all
                the rates of selected mandatory respondents are zero or de minimis is
                to assign to the non-selected respondents the average of the most
                recently determined rates that are not zero, de minimis, or based
                entirely on facts available.\8\ However, if a non-selected respondent
                has its own calculated rate that is contemporaneous with or more recent
                than such previous rates, Commerce has found it appropriate to apply
                that calculated rate to the non-selected respondent, even when that
                rate is zero or de minimis.\9\
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                 \7\ See, e.g., Certain Pasta from Italy: Final Results of the
                13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
                37387 (June 29, 2010).
                 \8\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate
                from the Republic of Korea: Final Results of Countervailing Duty
                Administrative Review; Calendar Year 2018, 85 FR 84296 (December 28,
                2020).
                 \9\ See Steel Concrete Reinforcing Bar from the Republic of
                Turkey: Preliminary Results of Countervailing Duty Administrative
                Review and Intent To Rescind the Review In Part; 2017, 85 FR 3030
                (January 17, 2020), unchanged in Steel Concrete Reinforcing Bar from
                the Republic of Turkey: Final Results and Partial Rescission of
                Countervailing Duty Administrative Review; 2017, 85 FR 42353 (July
                14, 2020).
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                 In this case, Commerce calculated a company-specific rate for DSM
                in the administrative review covering 2018, while a more
                contemporaneous above de minimis rate of 0.56 percent was calculated in
                the most recently completed administrative review for Hyundai Steel,
                covering 2019. Therefore, consistent with Commerce's practice described
                above, we are assigning the rate of 0.56 percent ad valorem, calculated
                for Hyundai Steel in the most recently completed administrative review,
                to DSM.\10\
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                 \10\ For additional information, see Preliminary Decision
                Memorandum at ``Non-Selected Rate.''
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                Preliminary Results of Review
                 As a result of this review, we preliminarily determine the
                following net countervailable subsidy rates for the period January 1,
                2020, through December 31, 2020:
                ------------------------------------------------------------------------
                 Net countervailable subsidy
                 Company rate (percent)
                ------------------------------------------------------------------------
                Hyundai Steel Company.................. 0.26 (de minimis).
                Dongkuk Steel Mill Co., Ltd............ 0.56.
                ------------------------------------------------------------------------
                Assessment Rate
                 In accordance with 19 CFR 351.221(b)(4)(i), Commerce has
                [[Page 11690]]
                preliminarily assigned subsidy rates as indicated above. Consistent
                with section 751(a)(2)(C) of the Act, upon issuance of the final
                results, Commerce shall determine, and U.S. Customs and Border
                Protection (CBP) shall assess, countervailing duties on all appropriate
                entries 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).
                Cash Deposit Rate
                 Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
                instruct CBP to collect cash deposits of estimated countervailing
                duties in the amount indicated above with regard to 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, as appropriate. These cash deposit instructions, when imposed,
                shall remain in effect until further notice.
                Disclosure and Public Comment
                 Commerce intends to disclose to parties to this proceeding the
                calculations performed in reaching the preliminary results within five
                days after the date of publication of this notice in the Federal
                Register.\11\ Commerce intends to issue a post-preliminary analysis
                memorandum subsequent to the publication of this notice to address the
                new subsidy allegations submitted by the petitioner, Covid-19 fee
                reductions self-reported by Hyundai Steel, and whether to attribute any
                potential subsidies received by Hyundai Green Power to Hyundai Steel.
                Commerce will notify the parties to this proceeding of the deadlines
                for the submission of case and rebuttal briefs after the issuance of
                the post-preliminary analysis memorandum. Rebuttal briefs, limited to
                issues raised in case briefs, may be filed within seven days \12\ after
                the time limit for filing case briefs. Parties who submit case or
                rebuttal briefs are requested 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\ Note that Commerce has temporarily modified
                certain of its requirements for serving documents containing business
                proprietary information, until further notice.\14\
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                 \11\ See 19 CFR 351.224(b).
                 \12\ See Temporary Rule Modifying AD/CVD Service Requirements
                Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
                10, 2020) (Temporary Rule).
                 \13\ See 19 CFR 351.309(c)(2) and (d)(2).
                 \14\ See Temporary Rule.
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                 Pursuant to 19 CFR 351.310(c), interested parties who wish to
                request a hearing must do so within 30 days of publication of these
                preliminary results by submitting a written request to the Assistant
                Secretary for Enforcement and Compliance using ACCESS.\15\ Requests
                should contain the party's name, address, and telephone number, the
                number of participants, and a list of the issues to be discussed.
                Issues raised in the hearing will be limited to those raised in the
                respective case and rebuttal briefs.\16\ If a request for a hearing is
                made, Commerce intends to hold the hearing at a time and date to be
                determined.\17\ Parties should confirm the date and time of the hearing
                two days before the scheduled date. Parties are reminded that all
                briefs and hearing requests must be filed electronically using ACCESS
                and received successfully in their entirety by 5:00 p.m. Eastern Time
                on the due date.
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                 \15\ See 19 CFR 351.310(c).
                 \16\ Id.
                 \17\ See 19 CFR 351.310.
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                 Unless the deadline is extended pursuant to section 751(a)(3)(A) of
                the Act, Commerce intends to issue the final results of this
                administrative review, including the results of its analysis of the
                issues raised by parties in their comments, within 120 days after the
                date of publication of these preliminary results.
                Notification to Interested Parties
                 This administrative review and notice are issued and published in
                accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
                351.213 and 19 CFR 351.221(b)(4).
                 Dated: February 23, 2022.
                Lisa W. Wang,
                Assistant Secretary for Enforcement and Compliance.
                Appendix
                List of Topics Discussed in the Preliminary Decision Memorandum
                I. Summary
                II. Background
                III. Period of Review
                IV. Preliminary Intent to Rescind Administrative Review, In Part
                V. Non-Selected Rate
                VI. Scope of the Order
                VII. Subsidies Valuation Information
                VIII. Analysis of Programs
                IX. Recommendation
                [FR Doc. 2022-04355 Filed 3-1-22; 8:45 am]
                BILLING CODE 3510-DS-P
                

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