[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76178-76180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24475]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-884]


Certain Hot-Rolled Steel Flat Products From the Republic of 
Korea: Preliminary Results and Partial Rescission of Countervailing 
Duty Administrative Review, 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain producers/exporters of certain hot-rolled steel 
flat products (hot-rolled steel) from the Republic of Korea (Korea) 
received countervailable subsidies during the period of review (POR) 
January 1, 2021, through December 31, 2021. Additionally, Commerce is 
rescinding this review with respect to 13 companies. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable November 6, 2023.

FOR FURTHER INFORMATION CONTACT: Nathan James or Kelsie Hohenberger, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-5305 or (202) 
482-2517, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 5, 2022, Commerce published a notice of initiation of 
an administrative review of the countervailing duty order on hot-rolled 
steel from Korea.\1\ On January 4, 2023, Commerce selected Hyundai 
Steel Company (Hyundai Steel) and POSCO as mandatory respondents in 
this administrative review.\2\ On June 15, 2023, Commerce extended the 
deadline for the preliminary results of this review to no later than 
October 31, 2023.\3\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 74404 (December 5, 2022); see also 
Certain Hot-Rolled Steel Flat Products from Brazil and the Republic 
of Korea: Amended Final Affirmative Countervailing Duty 
Determinations and Countervailing Duty Orders, 81 FR 67960 (October 
3, 2016) (Order).
    \2\ See Memorandum, ``Respondent Selection,'' dated January 4, 
2023.
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated June 
15, 2023.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as an appendix to this notice. 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.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review of Certain 
Hot-Rolled Steel Flat Products from the Republic of Korea; 2021,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).

---------------------------------------------------------------------------

[[Page 76179]]

Scope of the Order

    The merchandise covered by the Order is hot-rolled steel from 
Korea. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Rescission of Administrative Review, In Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from the petitioners with respect to 13 
companies.\5\ Because the withdrawal request was timely filed, and no 
other party requested a review of these companies, in accordance with 
19 CFR 351.213(d)(1), Commerce is rescinding this review with respect 
to the following companies: (1) DCE Inc; (2) Dong Chuel America Inc.; 
(3) Dong Chuel Industrial Co., Ltd.; (4) Dongbu Incheon Steel Co., 
Ltd.; (5) Dongbu Steel Co., Ltd.; (6) Dongkuk Industries Co., Ltd.; (7) 
Dongkuk Steel Mill Co., Ltd.; (8) Hyewon Sni Corporation (H.S.I.); (9) 
JFE Shoji Trade Korea Ltd.; (10) POSCO Coated & Color Steel Co., Ltd.; 
(11) POSCO Daewoo Corporation; (12) Soon Hong Trading Co., Ltd.; and 
(13) Sung-A Steel Co., Ltd.\6\
---------------------------------------------------------------------------

    \5\ The petitioners are: Cleveland-Cliffs Inc.; Nucor 
Corporation; SSAB Enterprises, LLC; Steel Dynamics; Inc.; and United 
States Steel Corporation.
    \6\ See Petitioners' Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated March 6, 2023.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this 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 from 
an authority that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\7\ For a full description of the methodology 
underlying our conclusions, see the accompanying Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \7\ 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.
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, we preliminarily determine the net 
countervailable subsidy rates exist for the period, January 1, 2021, 
through December 31, 2021:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                      (percent  ad
                                                             valorem)
------------------------------------------------------------------------
Hyundai Steel Company \8\...............................            0.78
POSCO \9\...............................................            0.88
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose to interested parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------

    \8\ Hyundai Steel Company is also known as ``Hyundai Steel Co., 
Ltd.'' As discussed in the Preliminary Decision Memorandum, Commerce 
has found the following companies to be cross-owned with Hyundai 
Steel: Hyundai Green Power Co. Ltd.; and Hyundai ITC.
    \9\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
POSCO: Pohang Scrap Recycling Distribution Center Co. Ltd.; POSCO 
Chemical; POSCO M-Tech; POSCO Nippon Steel RHF Joint Venture Co., 
Ltd.; POSCO Steel Processing and Service; and POSCO Terminal. The 
POSCO subsidy rate applies to all cross-owned companies. We note 
that POSCO has an affiliated trading company through which it 
exported certain subject merchandise, i.e., POSCO International 
Corporation (POSCO International). POSCO International was not 
selected as a mandatory respondent, but was examined in the context 
of POSCO. Therefore, there is not an individually-established rate 
for POSCO International; POSCO International's subsidies are 
accounted for in terms of POSCO's total subsidy rate. Entries of 
subject merchandise exported by POSCO International will receive the 
rate of the producer listed on the entry form with U.S. Customs and 
Border Protection (CBP). Thus, the subsidy rate applied to POSCO 
(and POSCO's cross-owned affiliates) is also applied to POSCO 
International for entries of subject merchandise produced by POSCO.
---------------------------------------------------------------------------

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary results in the 
Federal Register. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the date for 
case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties 
who submit case briefs or rebuttal briefs in this review 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. All briefs 
must be filed electronically using Enforcement and Compliance's ACCESS 
system. Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\11\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \11\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance using ACCESS within 30 days after the date 
of publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of the issues to be discussed. If a request for a 
hearing is made, Commerce intends to hold the hearing at a time and 
date to be determined. Parties should confirm the date and time of the 
hearing two days before the scheduled date.

Final Results of Review

    Unless the deadline is extended, we intend to issue the final 
results of this administrative review, which will include the results 
of our analysis of the issues raised in the case briefs, within 120 
days of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).

Assessment Rates

    Pursuant to section 751(a)(1) 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 of 
subject merchandise in accordance with the final results of 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).
    For the companies for which we are rescinding this administrative 
review, Commerce 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).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce intends, 
upon publication of the final results, to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amounts shown for 
each of the companies listed above on shipments of

[[Page 76180]]

subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this administrative review, except, where the rate calculated in the 
final results is zero or de minimis, no cash deposit will be required. 
For all non-reviewed firms, we will instruct CBP to continue to collect 
cash deposits at the most recent company-specific or all-others rate 
applicable to the company. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Interested Parties

    These preliminary results are issued and published pursuant to 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4) 
and 19 CFR 351.221(b)(4).

    Dated: October 31, 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. Period of Review
IV. Partial Rescission of Administrative Review
V. Scope of the Order
VI. Diversification of Korea's Economy
VII. Subsidies Valuation Information
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2023-24475 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P