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[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Notices]
[Pages 82218-82220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23489]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-881]

Certain Cold-Rolled Steel Flat Products From the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative Review; 
2022-2023

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

[[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\
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    \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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 88 FR 60923 (September 6, 2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 78298 (November 15, 2023).
    \4\ See Memorandum, ``Respondent Selection,'' dated December 20, 
2023.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated 
May 17, 2024.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \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).
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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{time} .''
    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.
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    \8\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016) (Albemarle).
    \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).
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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:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Hyundai Steel Company.......................................        0.00
POSCO/POSCO International Corporation.......................        0.00
KG Dongbu Steel Co., Ltd....................................        0.00
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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\
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    \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).
    \11\ See 19 CFR 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.\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

[[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\
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    \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.
    \13\ See APO and Service Final Rule.
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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, 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\
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    \14\ See 19 CFR 351.310(d).
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    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\
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    \15\ See 19 CFR 351.212(b)(1).
    \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).
    \17\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
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    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\
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    \18\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \19\ See Order.
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    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.
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    \20\ See Order.
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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)(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

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