[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69116-69118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22200]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-881]


Certain Cold-Rolled Steel Flat Products From the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative Review; 
2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily

[[Page 69117]]

determines that certain cold-rolled steel flat products (cold-rolled 
steel) from the Republic of Korea (Korea) were sold in the United 
States at less than normal value (NV) during the period of review 
(POR), September 1, 2021, through August 31, 2022. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable October 5, 2023.

FOR FURTHER INFORMATION CONTACT: Caroline Carroll, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4948.

SUPPLEMENTARY INFORMATION: 

Background

    On September 20, 2016, Commerce published in the Federal Register 
the antidumping duty order on cold-rolled steel from Korea.\1\ On 
September 1, 2022, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the Order for the 
period September 1, 2021, through August 31, 2022.\2\ On November 3, 
2022, based on timely requests for review, in accordance with 19 CFR 
351.221(c)(1)(i), we initiated an administrative review of the 
Order.\3\ On January 20, 2023, Commerce selected Hyundai Steel Company 
(Hyundai) and POSCO/POSCO International Corporation (collectively, 
POSCO) as the mandatory respondents in this administrative review.\4\ 
On May 11, 2023, we extended the deadline for issuing the preliminary 
results of this review to September 29, 2023, in accordance with 
section of 751(a)(3) of the Tariff Act of 1930 (the Act), and 19 CFR 
351.213(h)(2).\5\
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    \1\ 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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 87 FR 53719 (September 1, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 66275 (November 3, 2022) (Initiation 
Notice).
    \4\ See Memorandum, ``Respondent Selection,'' dated January 20, 
2023.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated 
May 11, 2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\ 
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. A list of the topics discussed in the 
Preliminary Decision Memorandum is attached as an appendix to this 
notice.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Administrative Review of the Antidumping 
Duty Order on Certain Cold-Rolled Steel Flat Products from Korea,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is cold-rolled steel from 
Korea. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of 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.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a weighted-average dumping margin to be determined for 
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 less-than-fair-value (LTFV) investigation, for 
guidance when determining the weighted-average dumping margin 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} .''
    In this review, we preliminarily calculated weighted-average 
dumping margins for Hyundai and POSCO that are not zero, de minimis 
(i.e., less than 0.5 percent) or determined entirely based on facts 
available. Accordingly, consistent with guidance in section 
735(c)(5)(A) of the Act, Commerce preliminarily calculated a weighted-
average dumping margin for KG Dongbu Steel Co., Ltd. (Dongbu) using the 
calculated rates of the mandatory respondents, Hyundai and POSCO, which 
are not zero or de minimis, or determined entirely on the basis of 
facts available.

Preliminary Results of the Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period of September 1, 2021, 
through August 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Hyundai Steel Company.......................................        1.30
POSCO/POSCO International Corporation.......................        2.64
KG Dongbu Steel Co., Ltd....................................        2.22
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to interested parties within five days of the date 
of publication of this notice.\7\ Interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice.\8\ Rebuttal briefs, limited to issues raised in case briefs, 
may be filed no later than seven days after the date for filing case 
briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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.
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
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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 within 30 days after the date 
of publication of this notice. Hearing requests should contain the 
party's name, address, and telephone number, and a list of issues to be 
discussed. Oral presentations at the hearing will be limited to issues 
raised in the briefs. If a request for a hearing

[[Page 69118]]

is made, Commerce will inform parties of the time and date for the 
hearing.\10\
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    \10\ See 19 CFR 351.310(d).
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    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. Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\11\
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    \11\ See Temporary Rule.
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    Unless the deadline is extended, pursuant to section 751(a)(3)(A) 
of the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the 
final results of this administrative review, including the results of 
our analysis of the issues raised by the parties in any written briefs, 
no later than 120 days after the date of publication of these 
preliminary results.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by this review.\12\ If the 
weighted-average dumping margin for an individually examined respondent 
is not zero or de minimis (i.e., less than 0.50 percent) in the final 
results of this review, we will calculate importer-specific ad valorem 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for each importer's examined sales and the total 
entered value of such sales in accordance with 19 CFR 
351.212(b)(1).\13\ For any individually examined respondent whose 
weighted-average dumping margin is zero or de minimis in the final 
results of review, or if an importer-specific assessment rate is zero 
or de minimis, Commerce will instruct CBP to liquidate appropriate 
entries without regard to antidumping duties.\14\
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \14\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
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    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Hyundai or POSCO for 
which the reviewed companies did not know that the merchandise they 
sold to the intermediary (i.e., a reseller, trading company, or 
exporter) was destined for the United States.\15\ 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.\16\
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    \15\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \16\ See Order.
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    For Dongbu, the company that was not selected for individual 
examination, we intend to assign an assessment rate based on the 
weighted average of the cash deposit rates calculated for Hyundai and 
POSCO, excluding any which are zero, de minimis, or determined entirely 
on the basis of facts available.\17\
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    \17\ See section 735(c)(5)(A) of the Act.
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    The final results of this administrative 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 cash 
deposits of estimated antidumping duties, where applicable.\18\ 
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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    \18\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication in the Federal Register of final results of this 
administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for the companies listed above will be equal 
to the weighted-average dumping margin established in the final results 
of this administrative 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 previously investigated or reviewed companies not covered in this 
review, the cash deposit rate will continue to be the company-specific 
cash deposit rate published for the most recently completed segment of 
this proceeding in which the company participated; (3) if the exporter 
is not a firm covered in this review, a prior review, or the 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, the 
all-others rate established in the LTFV investigation.\19\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \19\ See Order.
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Notification to Importers

    This notice also 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 and/or countervailing 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 and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification to Interested Parties

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

    Dated: September 29, 2023.
Lisa W. Wang,
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-22200 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P