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 Department of Commerce International Trade Administration [A-580-881]
 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
 SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea) were not made at less than normal value (NV) during the period of review (POR) September 1, 2022, through August 31, 2023. Interested parties are invited to comment on these preliminary results.
 DATES: Applicable October 10, 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 September 20, 2016, Commerce published in the 
                    **Federal Register**
                     the antidumping duty order on cold-rolled 
                    ( print page 82219)
                    steel from Korea.[1]
                    
                     On September 6, 2023, Commerce published in the 
                    **Federal Register**
                     a notice of opportunity to request an administrative review of the 
                    *Order*
                     for the POR.[2]
                    
                     On November 15, 2023, 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 December 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 17, 2024, we extended the deadline for issuing the preliminary results of this review to September 27, 2024, in accordance with section of 751(a)(3) of the Tariff Act of 1930 (the Act), and 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 October 4, 2024. For a complete description of the events that followed the initiation of this review, 
                    *see*
                     the Preliminary Decision Memorandum.[7] 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. A list of the topics discussed in the Preliminary Decision Memorandum is attached 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.* Rate for Non-Examined Company The Act 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}.” In this review, we preliminarily calculated dumping margins of zero for both of the mandatory respondents. Consistent with the U.S. Court of Appeals for the Federal Circuit's decision in 
                    *Albemarle,*[8]
                    
                     and Commerce's practice,[9]
                    
                     we are preliminarily applying to KG Dongbu Steel Co., Ltd. (KG Dongbu), the company not selected for individual examination in this review, a margin of zero percent, because we preliminarily calculated rates of zero percent for both mandatory respondents, Hyundai and POSCO, pursuant to section 735(c)(5)(B) of the Act. Preliminary Results of the Review As a result of this review, we preliminarily determine the following estimated weighted-average dumping margins for the period of September 1, 2022, through August 31, 2023: Producer or exporter
Weighted-average dumping margin (percent)Hyundai Steel Company
0.00POSCO/POSCO International Corporation
0.00KG Dongbu Steel Co., Ltd
0.00
 Disclosure and Public Comment Commerce intends to disclose the calculations performed for these preliminary results to interested parties within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in case briefs, may be filed no later than five days after the date for filing case briefs.[10]
                    
                     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.[11] 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.[12]
                    
                     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 
                    ( print page 82220)
                    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).[13] 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, 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 is made, Commerce will inform parties of the time and date for the hearing.[14] 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 in the 
                    **Federal Register**
                    . 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.[15]
                    
                     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).[16]
                    
                     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.[17] 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.[18]
                    
                     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.[19] For KG Dongbu, the company that was not selected for individual examination, we intend to assign an assessment rate based on the review-specific rate determined as noted in the “Rate for Companies Not Selected for Individual Examination” section, above. In accordance with section 751(a)(2)(C) of the Act, 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 cash deposits of estimated antidumping duties, where applicable. 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 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.[20]
                    
                     These deposit requirements, when imposed, shall remain in effect until further notice. 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: October 4, 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 Preliminary Decision Memorandum I. Summary II. Background III. Scope of the 
                        *Order* IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation


# Footnotes

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*). Back to Citation
 2.
    
                         See 
                        *Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review,*88 FR 60923 (September 6, 2023). Back to Citation
 3.
    
                         
                        *See Initiation of Antidumping and Countervailing Duty Administrative Reviews,*88 FR 78298 (November 15, 2023). Back to Citation
 4.
    
                         
                        *See*
                         Memorandum, “Respondent Selection,” dated December 20, 2023. Back to Citation
 5.
    
                         
                        *See*
                         Memorandum, “Extension of Deadline for Preliminary Results of 2022-2023 Antidumping Duty Administrative Review,” dated May 17, 2024. Back to Citation
 6.
    
                         
                        *See*
                         Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. Back to Citation
 7.
    
                         
                        *See*
                         Memorandum, “Decision Memorandum for the Preliminary Results of the 2022-2023 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). Back to Citation
 8.
    
                         
                        *See Albemarle Corp.*
                         v. 
                        *United States,*
                         821 F.3d 1345 (Fed. Cir. 2016) (
                        *Albemarle*). Back to Citation
 9.
    
                         
                        *See Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021,*87 FR 60989 (October 7, 2022). Back to Citation
 10.
    
                         
                        *See*19 CFR 351.309(d)(1); 
                        *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 Final Rule*). Back to Citation
 11.
    
                         
                        *See*19 CFR 351.309(c)(2) and (d)(2). Back to Citation
 12.
    
                         We use the term “issue” here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. Back to Citation
 13.
    
                         
                        *See APO and Service Final Rule.* Back to Citation
 14.
    
                         
                        *See*19 CFR 351.310(d). Back to Citation
 15.
    
                         
                        *See*19 CFR 351.212(b)(1). Back to Citation
 16.
    
                         
                        *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). Back to Citation
 17.
    
                         
                        *Id.,*
                         77 FR at 8102-03; 
                        *see also*19 CFR 351.106(c)(2). Back to Citation
 18.
    
                         
                        *See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,*68 FR 23954 (May 6, 2003). Back to Citation
 19.
    
                         
                        *See Order.* Back to Citation
 20.
    
                         
                        *See Order.* Back to Citation


[FR Doc. 2024-23489 Filed 10-9-24; 8:45 am] BILLING CODE 3510-DS-P