[Federal Register Volume 89, Number 37 (Friday, February 23, 2024)]
[Notices]
[Pages 13689-13690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03741]



[[Page 13689]]

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DEPARTMENT OF COMMERCE

[A-580-881]


Certain Cold-Rolled Steel Flat Products From the Republic of 
Korea: Final 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) finds that certain 
producers/exporters of cold-rolled steel flat products (cold-rolled 
steel) from the Republic of Korea (Korea) subject to this 
administrative review made sales of subject merchandise at less than 
normal value during the period of review (POR), September 1, 2021, 
through August 31, 2022.

DATES: Applicable February 23, 2024.

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 October 5, 2023, Commerce published the Preliminary Results.\1\ 
On January 3, 2024, we extended the deadline for these final results to 
no later than February 16, 2024.\2\ For a complete description of the 
events that followed the Preliminary Results, see the Issues and 
Decision Memorandum.\3\ Commerce conducted this administrative review 
in accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See Certain Cold-Rolled Steel Flat Products from the 
Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2021-2022, 88 FR 69116 (October 5, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products 
from the Republic of Korea: Extension of Deadline for Final Results 
of 2021-2022 Antidumping Duty Administrative Review,'' dated January 
3, 2024.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021-2022 Administrative Review of the 
Antidumping Duty Order on Certain Cold-Rolled Steel Flat Products 
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 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).
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    The product covered by the Order is cold-rolled steel from Korea. 
For a complete description of the scope of the Order, see the Issues 
and Decision Memorandum.

Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum.\5\ A list of the issues which 
parties raised, and to which we respond in the Issues and Decision 
Memorandum, is attached in the 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 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.
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    \5\ Id.
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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, we made certain 
changes to the margin calculations for Hyundai Steel Company (Hyundai) 
and POSCO/POSCO International Corporation (collectively, POSCO).\6\
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    \6\ For a full description of changes, see Issues and Decision 
Memorandum.
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Rate for Respondents Not Selected for Individual Examination

    Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the weighted-average 
dumping margin for respondents that were not individually examined in 
an administrative review. Section 735(c)(5)(A) of the Act provides that 
the all-others rate should be calculated by weight averaging the 
weighted-average dumping margins determined for individually examined 
respondents, excluding rates that are zero, de minimis, or based 
entirely on facts available.
    The final weighted-average dumping margins calculated for Hyundai 
and POSCO are not zero, de minimis, or based entirely on facts 
available. Therefore, consistent with section 735(c)(5)(A) of the Act, 
we 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.\7\
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    \7\ See Memorandum ``Calculation of the Review-Specific Average 
Rate for the Final Results,'' dated concurrently with this notice.
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Final Results of Review

    As a result of this review, we determine the following estimated 
weighted-average dumping margins for the period September 1, 2021, 
through August 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai Steel Company.......................................        0.88
POSCO/POSCO International Corporation.......................        2.70
KG Dongbu Steel Co., Ltd....................................        2.13
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed for Hyundai and POSCO in connection with these final results 
of review within five days of the date of publication of this notice, 
in accordance with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise covered by the final results of this review. Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication date 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).
    Because Hyundai and POSCO reported the entered value of their U.S. 
sales, we calculated importer-specific ad valorem assessment rates 
based on the ratio of the total amount of dumping calculated for each 
importer's examined sales to the total entered value of such sales.\8\ 
Where an importer-specific ad valorem assessment rate is zero or de 
minimis, or a respondent's weighted-average dumping margin is zero or 
de minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\9\
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    \8\ See 19 CFR 351.212(b)(1).
    \9\ See 19 CFR 351.212(c)(2).

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[[Page 13690]]

    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.\10\ 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.\11\
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    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
    \11\ See Order, 81 FR at 64434.
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    For Dongbu, the company that was not selected for individual 
examination, we assigned 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.\12\
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    \12\ See section 735(c)(5)(A) of the Act.
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Cash Deposit Instructions

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on, or after, the date of publication of 
this notice in the Federal Register, as provided for 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 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 less-than-fair-value (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.\13\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \13\ See Order, 81 FR at 64434.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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.

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 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a sanctionable violation.

Notification of Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: February 16, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Discussion of the Issues
    Comment 1: Comparing Hyundai's Home Market Sales of Non-Prime 
Merchandise to U.S. Sales of Prime Merchandise
    Comment 2: Whether Commerce Should Apply its Quarterly Cost 
Methodology to Hyundai
    Comment 3: Whether to Include Hyundai's Home Market and U.S. 
Billing Adjustments in its Margin Calculation
    Comment 4: Whether to Increase U.S. Price by the Amount of 
Countervailing Duties Imposed to Offset Hyundai's Export Subsidy
    Comment 5: Ministerial Errors in POSCO's Margin Calculation
V. Recommendation

[FR Doc. 2024-03741 Filed 2-22-24; 8:45 am]
BILLING CODE 3510-DS-P