[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61509-61511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19206]


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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: Final Results and Rescission, in Part, of 
Countervailing Duty Administrative Review; 2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to certain producers and 
exporters of certain cut-to-length carbon-quality steel plate from the 
Republic of Korea (Korea). The period of review (POR) is January 1, 
2021, through December 31, 2021.

DATES: Applicable September 7, 2023.

FOR FURTHER INFORMATION CONTACT: David Lindgren, 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) 482-1671.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results of this review on March 
3, 2023.\1\ On June 7, 2023, Commerce extended the final results of 
review to August 30, 2023.\2\ For a complete description of the events 
that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\3\
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    \1\ See 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; 
2021, 88 FR 13433 (March 3, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated June 7, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review; 
2021: Certain Cut-To-Length Carbon-Quality Steel Plate from the 
Republic of Korea,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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    \4\ See Notice of Amended Final Determination: 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).
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    The product covered by this Order is certain cut-to-length carbon-
quality steel plate. For a complete description of the

[[Page 61510]]

scope of this Order, see the Issues and Decision Memorandum.

Rescission of Administrative Review, In Part

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
data and comments received from interested parties, we 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 evidence of shipments on the record, we are rescinding 
the administrative review of these companies, pursuant to 19 CFR 
351.213(d)(3). For further information, see ``Rescission of 
Administrative Review, in Part'' in the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of topics discussed in the 
Issues and Decision Memorandum is included as an 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.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (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.\5\ For a description of the methodology underlying all of 
Commerce's conclusions, see the Issues and Decision Memorandum.
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    \5\ 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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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made one 
modification to our calculations for these final results of review.

Company Not Selected for Individual Review

    To determine the rate for companies not selected for individual 
examination, Commerce's practice, in accordance with section 
705(c)(5)(A) of the Act, is to weight average the net countervailable 
subsidy rates for the selected mandatory companies, excluding rates 
that are zero, de minimis, or based entirely on facts available.\6\ In 
this review, because we determined that the sole mandatory respondent, 
Hyundai Steel Co., Ltd. (Hyundai Steel), received countervailable 
subsidies that are above de minimis and are not entirely based on facts 
available, we have applied Hyundai Steel's net subsidy rate to the non-
selected company, Dongkuk Steel Mill Co. Ltd.
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    \6\ See, e.g., Certain Pasta from Italy: Final Results of the 
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386, 
37387 (June 29, 2010).
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Final Results of Administrative Review

    We determine that, for the period January 1, 2021, through December 
31, 2021, the following net countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
------------------------------------------------------------------------
Hyundai Steel Co., Ltd..................................            1.08
Dongkuk Steel Mill Co., Ltd.............................            1.08
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).

Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), upon 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, 2021, through December 31, 2021, in accordance with 19 CFR 
351.212(c)(l)(i). 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 Rates

    In accordance with section 751(a)(2)(C) of the Act, Commerce 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for the companies subject to 
this review. For all non-reviewed companies, 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 deposits, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or 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 
proceeding. Timely written notification of the return/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 violation subject to sanction.

Notice to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) 
and 19 CFR 351.221(b)(5).

    Dated: August 30, 2023.
Lisa W. Wang,
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. Period of Review
V. Rescission of Administrative Review, In Part
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Discussion of Comments
    Comment 1: Whether To Accept Korea Electric Power Company's 
(KEPCO) Cost Data

[[Page 61511]]

    Comment 2: Whether KEPCO's Electricity Rates are in Accordance 
With Market Principles
    Comment 3: Whether the Electricity for Less-Than-Adequate-
Remuneration (LTAR) Program Is Specific
    Comment 4: Whether To Adjust the Calculation of Electricity for 
LTAR
    Comment 5: Whether the Korea Emissions Trading System (K-ETS) 
Program Is Countervailable
    Comment 6: Whether To Include Swap in the Benchmark Price for 
the K-ETS Program
    Comment 7: Whether Hyundai Steel and Hyundai Green Power (HGP) 
are Cross-Owned
    Comment 8: Whether To Initiate on the Alleged Loans to HGP 
Program
    Comment 9: Selection of a Final Rate for Dongkuk Steel Mill Co., 
Ltd.
X. Recommendation

[FR Doc. 2023-19206 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P