[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74915-74916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20756]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-835]


Stainless Steel Sheet and Strip in Coils From the Republic of 
Korea: Preliminary Results and Intent To Rescind, in Part, of 
Countervailing Duty Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain exporters/producers of stainless steel sheet 
and strip in coils (SSSS in coils) from the Republic of Korea (Korea) 
received countervailable subsidies during the period of review (POR) 
January 1, 2022, through December 31, 2022. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable September 13, 2024.

FOR FURTHER INFORMATION CONTACT: Patrick Barton, 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) 482-0012.

SUPPLEMENTARY INFORMATION: 

Background

    On August 6, 1999, Commerce published in the Federal Register the 
countervailing duty (CVD) order on SSSS in coils from Korea.\1\ On 
October 18, 2023, Commerce published in the Federal Register its 
initiation of the CVD administrative review of the Order for the period 
of January 1, 2022, to December 31, 2022.\2\ On January 18, 2024, 
Commerce selected Geumok Tech. Co., Ltd. (Geumok Tech) and Hyundai 
Steel Company (Hyundai Steel), as the mandatory respondents in this 
administrative review.\3\ Because Geumok Tech failed to respond to the 
initial questionnaire, on February 8, 2024, Commerce selected Hyundai 
BNG Steel Co. (Hyundai BNG) as an additional mandatory respondent in 
this administrative review.\4\
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    \1\ See Amended Final Determination: Stainless Steel Sheet and 
Strip in Coils from the Republic of Korea; and Notice of 
Countervailing Duty Orders: Stainless Steel Sheet and Strip in Coils 
from France, Italy, and the Republic of Korea, 64 FR 42923 (August 
6, 1999) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023).
    \3\ See Memorandum, ``Respondent Selection,'' dated January 18, 
2024.
    \4\ See Memorandum, ``Selection of Additional Mandatory 
Respondent for Individual Examination,'' dated February 8, 2024.
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    On April 17, 2024, Commerce extended the deadline for issuance of 
the preliminary results of this review until August 30, 2024, in 
accordance with 19 CFR 351.213(h)(2).\5\ On July 22, 2024, Commerce 
tolled certain deadlines in this administrative proceeding by seven 
days.\6\ The deadline for the preliminary results is now September 6, 
2024.
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated April 
17, 2024.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included in 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.
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Countervailing Duty 
Order on Stainless Steel Sheet and Strip in Coils from the Republic 
of Korea; 2022,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The product covered by this Order is SSSS in coils. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this CVD administrative 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 by an ``authority'' that confers a benefit to the 
recipient, and that the subsidy is specific.\8\ For a full description 
of the methodology underlying our conclusions, including our reliance 
upon adverse facts available (AFA) in determining a countervailing duty 
rate for Geumok Tech, pursuant to sections 776(a) and (b) of the Act, 
see the Preliminary Decision Memorandum.
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    \8\ 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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Intent To Rescind Administrative Review, in Part

    It is Commerce's practice to rescind an administrative review of a 
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there 
are no reviewable entries of subject merchandise during the POR for 
which liquidation is suspended.\9\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\10\ Therefore, for an administrative review of a company to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct U.S. Customs and Border Protection (CBP) to liquidate at 
the calculated countervailing duty assessment rate calculated for the 
review period.\11\
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    \9\ See Preliminary Decision Memorandum at ``Intent to Rescind 
Administrative Review, in Part.''
    \10\ See 19 CFR 351.212(b)(2).
    \11\ See 19 CFR 351.213(d)(3).
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    According to the CBP import data on the record, there is one 
company subject to this review (i.e., Samsung STS Co., Ltd.) that did 
not have reviewable entries of subject merchandise during the POR for 
which liquidation is suspended. Accordingly, in the absence of 
reviewable, suspended entries of subject merchandise during the POR, we 
intend to rescind this administrative review with respect to this 
company, in accordance with 19 CFR 351.213(d)(3).

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following net countervailable subsidy rates for the period January 1, 
2022, through December 31, 2022:

[[Page 74916]]



------------------------------------------------------------------------
                                                               Net
                                                         countervailable
                        Company                           subsidy rate
                                                            (percent)
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Hyundai BNG Steel Co..................................            * 0.05
Hyundai Steel Company \12\............................              0.76
Geumok Tech. Co., Ltd.\13\............................             15.57
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* De minimis.

Assessment Rate
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    \12\ Commerce preliminarily finds Hyundai ISC to be cross-owned 
with Hyundai Steel. See the Preliminary Decision Memorandum at 14.
    \13\ This rate is based upon AFA. See Preliminary Decision 
Memorandum at 6-11.
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    In accordance with 19 CFR 351.221(b)(4)(i), Commerce has 
preliminarily assigned subsidy rates as indicated above. Consistent 
with section 751(a)(2)(C) of the Act, 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 
company for which we intend to rescind this review, upon issuance of 
the final rescission, Commerce will instruct CBP to assess CVDs on all 
appropriate entries at a rate equal to the cash deposit of estimated 
CVDs required at the time of entry, or withdrawal from warehouse, for 
consumption, during the period January 1, 2022, through December 31, 
2022. 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 Requirements

    Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount indicated above with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, 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 deposit instructions, when imposed, 
shall remain in effect until further notice.

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\14\ 
Interested parties will be notified of the timeline for the submission 
of case briefs and written comments at a later date. Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\15\ Interested 
parties who submit case briefs or rebuttal briefs in this proceeding 
must submit: (1) a table of contents listing each issue; and (2) a 
table of authorities.\16\
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    \14\ See 19 CFR 351.224(b).
    \15\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \16\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\17\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\18\
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    \17\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \18\ See APO and Service Procedures.
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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. 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 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

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.

Notification to Interested Parties

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

    Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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. Diversification of Korea's Economy
V. Intent To Rescind Administrative Review, In Part
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation Information
VIII. Benchmarks and Discount Rates
IX. Analysis of Programs
X. Recommendation

[FR Doc. 2024-20756 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P