82218 Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 / Notices 

11See 19 CFR 351.212(b)(1). 

12For a full discussion of this clarification, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

13See Notice of Discontinuation of Policy to Issue 

Liquidation Instructions After 15 Days in 

Applicable Antidumping and Countervailing Duty 

Administrative Proceedings, 86 FR 884 (January 15, 

2021). 

14See Certain Oil Country Tubular Goods from 

the Republic of Korea: Notice of Court Decision Not 

in Harmony with Final Determination, 81 FR 59603 

(August 30, 2016). 

location of the hearing two days before 

the scheduled date. 

Final Results of Review 

Unless otherwise extended, 

Commerce intends to issue the final 

results of this administrative review, 

which will include the results of its 

analysis of issues raised in any briefs, 

within 120 days of publication of these 

preliminary results of review, pursuant 

to section 751(a)(3)(A) of the Act. 

Assessment Rate 

Upon issuance of the final results, 

Commerce shall determine, and CBP 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review.11

For any individually examined 

respondents whose weighted-average 

dumping margin is above de minimis 

(i.e., greater than or equal to 0.5 percent) 

in the final results of this review, we 

will calculate importer-specific ad 

valorem duty assessment rates based on 

the ratio of the total amount of 

antidumping duties calculated for the 

examined sales to the total entered 

value of the examined sales to that 

importer, and we will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review. For entries of subject 

merchandise during the POR produced 

by each respondent for which it did not 

know its merchandise was destined for 

the United States, we will instruct CBP 

to liquidate such entries at the all-others 

rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction.12 Where the 

individually-selected respondent’s 

weighted-average dumping margin is 

zero or de minimis, or an importerspecific assessment 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 

intend to assign an assessment rate 

based on the methodology described in 

the ‘‘Rates for Non-Examined 

Companies’’ section. The final results of 

this review shall be the basis for the 

assessment of antidumping duties on 

entries of merchandise covered by this 

review 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.13 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 cash deposit 

requirements will be effective upon 

publication of the notice 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) of the Act: (1) the cash deposit 

rate for the companies listed in the final 

results of review will be equal to the 

weighted-average dumping margin 

established in the final results of this 

administrative review; (2) for 

merchandise exported by producers or 

exporters not covered in this review but 

covered in a prior segment of the 

proceeding, the cash deposit rate will 

continue to be the company-specific rate 

published for the most recently 

completed segment of this proceeding in 

which they were reviewed; (3) if the 

exporter is not a firm covered in this 

review, a prior review, or the original 

investigation but the producer is, then 

the cash deposit rate will be the rate 

established for the most recently 

completed segment of this proceeding 

for the producer of the merchandise; (4) 

the cash deposit rate for all other 

producers or exporters will continue to 

be 5.24 percent, the all-others rate 

established in the less-than-fair-value 

investigation.14 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice 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 duties prior to liquidation 

of the relevant entries during this POR. 

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. 

Notification to Interested Parties 

These preliminary results are issued 

and published in accordance with 

sections 751(a)(1) and 777(i) 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 I 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Rates for Non-Examined Companies 

V. Affiliation 

VI. Discussion of the Methodology 

VII. Currency Conversion 

VIII. Recommendation 

[FR Doc. 2024–23500 Filed 10–9–24; 8:45 am] 

BILLING CODE 3510–DS–P 

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 


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1See 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). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

to Request Administrative Review, 88 FR 60923 

(September 6, 2023). 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

78298 (November 15, 2023). 

4See Memorandum, ‘‘Respondent Selection,’’ 

dated December 20, 2023. 

5See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of 2022–2023 Antidumping 

Duty Administrative Review,’’ dated May 17, 2024. 

6See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

7See 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). 

8See Albemarle Corp. v. United States, 821 F.3d 

1345 (Fed. Cir. 2016) (Albemarle). 

9See 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). 

10See 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). 

11See 19 CFR 351.309(c)(2) and (d)(2). 

12We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

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 

Weightedaverage 

dumping 

margin 

(percent) 

Hyundai Steel Company ............. 0.00 

POSCO/POSCO International 

Corporation ............................. 0.00 

KG 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 


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82220 Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 / Notices 

13See APO and Service Final Rule. 

14See 19 CFR 351.310(d). 

15See 19 CFR 351.212(b)(1). 

16See 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). 

18See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

19See Order. 20See Order. 

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 weightedaverage 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 reviewspecific 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 weightedaverage 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 

[FR Doc. 2024–23489 Filed 10–9–24; 8:45 am] 

BILLING CODE 3510–DS–P 


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