[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39666-39667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17155]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-878]


Corrosion-Resistant Steel Products From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017

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

SUMMARY: The Department of Commerce (Commerce) preliminary determines 
that Dongkuk Steel Mill Co., Ltd. (Dongkuk) and Hyundai Steel Company 
(Hyundai), producers/exporters of merchandise subject to this 
administrative review, made sales of subject merchandise at less than 
normal value. The period of review (POR) is January 4, 2016, through 
June 30, 2017.

DATES: Applicable August 10, 2018.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang (Dongkuk) or Elfi Blum-
Page (Hyundai), AD/CVD Operations, Office VI, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
202-482-2316 or (202) 482 -0197.

Scope of the Order

    The merchandise covered by the order is certain corrosion-resistant 
steel products. For a complete description of the scope of the order, 
see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (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. 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 http://access.trade.gov, and to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision 
Memorandum are identical in content. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as the Appendix to this 
notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the period January 4, 
2016, through June 30, 2017:
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    \1\ Commerce found Dongkuk to be the successor-in-interest to 
Union Steel Manufacturing Co., Ltd. in the underlying investigation. 
See Certain Corrosion-Resistant Steel Products from the Republic of 
Korea: Affirmative Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination, 81 FR 78 
(January 4, 2016), and accompanying Decision Memorandum at 7, 
unchanged in Certain Corrosion-Resistant Steel Products from the 
Republic of Korea: Final Determination of Sales at Less Than Fair 
Value and Final Affirmative Determination of Critical Circumstances, 
81 FR 35303 (June 2, 2016), and accompanying Issues and Decision 
Memorandum at 6.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd./Union Steel Manufacturing Co.,         4.14
 Ltd \1\....................................................
Hyundai Steel Company.......................................       10.32
------------------------------------------------------------------------

    Review-Specific Average Rate Applicable to the Following Companies: 
\2\
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    \2\ This rate is based on the weighted-average margin using the 
publicly-ranged sales value of mandatory respondents, and is the 
best proxy of the actual weighted-average margin determined for the 
mandatory respondents. Due to requests to protect business 
proprietary information, we cannot apply our normal methodology of 
calculating a weighted-average margin. See Ball Bearings and Parts 
Thereof from France, et al.: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010); see also Memorandum re: Calculation of the 
Review-Specific Average Rate for the Preliminary Results, dated 
concurrently with this notice.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Dongbu Steel Co., Ltd.......................................        5.55
POSCO.......................................................        5.55
------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.
    Pursuant to 19 CFR 351.212(b)(1), where the mandatory respondents 
reported the entered value for their U.S. sales, we calculated 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of dumping calculated for the examined sales to the 
total entered value of the sales for which entered value was reported. 
Where the mandatory respondents did not report entered value, we 
calculated the entered value in order to calculate the assessment rate. 
Where either 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.
    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the average \3\ of the cash 
deposit rates calculated for the two mandatory respondents. 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.\4\
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    \3\ This rate was calculated as discussed in footnote 2, above.
    \4\ See section 751(a)(2)(C) of the Act.
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following 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 that established in the final results of 
this

[[Page 39667]]

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 
companies 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 in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
or the underlying investigation, but the manufacturer is, 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 8.32 
percent, the all-others rate established in the underlying 
investigation.\5\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \5\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016), as amended by Certain Corrosion-Resistant Steel Products from 
the Republic of Korea: Notice of Court Decision Not in Harmony with 
Final Determination of Investigation and Notice of Amended Final 
Results, issued July 23, 2018.
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\6\ Interested 
parties may submit case briefs not later than 30 days after the date of 
publication of this notice.\7\ Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than five days after 
the time limit for filing case briefs.\8\ 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.\9\ Case and rebuttal 
briefs should be filed using ACCESS.\10\
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    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ See 19 CFR 351.309(d)(1).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See 19 CFR 351.303.
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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, filed electronically via 
ACCESS. An electronically-filed request for a hearing must be received 
successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice.\11\ Hearing requests 
should contain: (1) The party's name, address, and telephone number; 
(2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, parties will 
be notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.\12\
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    \11\ See 19 CFR 351.310(c); 19 CFR 351.303(b)(1).
    \12\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\13\
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    \13\ See Section 751(a)(3)(A) of the Act.
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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) to file a certificate 
regarding the reimbursement of antidumping 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 duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 3, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Particular Market Situation
VI. Use of Facts Available and Adverse Facts Available
    A. Legal Authority
    B. Application of Facts Available to Hyundai
    C. Application of Facts Available with an Adverse Inference
    D. Selection and Corroboration of Adverse Facts Available Rate
VII. Review-Specific Average Rate for Non-Examined Companies
VIII. Discussion of the Methodology
    A. Normal Value Comparisons
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    B. Date of Sale
    C. Product Comparisons
    D. Export Price and Constructed Export Price
    E. Normal Value
    1. Home Market Viability
    2. Affiliated Party Transactions and Arm's-Length Test
    3. Level of Trade
    4. Overrun Sales
    5. Cost of Production Analysis
    6. Calculation of Normal Value Based on Home Market Prices
    7. Calculation of Normal Value Based on Constructed Value
IX. Currency Conversion
X. Recommendation

[FR Doc. 2018-17155 Filed 8-9-18; 8:45 am]
 BILLING CODE 3510-DS-P