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[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89588-89591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26253]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-883]

Certain Hot-Rolled Steel Flat Products From the Republic of 
Korea: Preliminary Results and Rescission, in Part, 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 finds 
that certain hot-rolled steel flat products (hot-rolled steel) from the 
Republic of Korea (Korea) were sold in the United States at less than 
normal value during the period of review (POR) October 1, 2022, through 
September 30, 2023. Additionally, Commerce is rescinding the review, in 
part, with respect to 46 companies that had no entries of subject 
merchandise during the POR. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable November 13, 2024.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Thomas Schauer, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3683 or (202) 482-0410, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 3, 2016, Commerce published in the Federal Register an 
antidumping duty order on hot-rolled steel from Korea.\1\ On October 3, 
2023, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the Order for the 
POR.\2\ On December 6, 2023, based on timely requests for an 
administrative review, Commerce initiated this administrative review of 
the Order with respect to 48 companies.\3\ On May 22, 2024, pursuant to 
19 CFR 351.213(h)(2), we extended the deadline to issue these 
preliminary results to no later than October 30, 2024.\4\ On July 22, 
2024, Commerce tolled certain deadlines in this administrative 
proceeding by seven days.\5\ The deadline for the preliminary results 
is now November 6, 2024.
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    \1\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 68098 (October 3, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 84784, 84786-87 (December 6, 2023).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2022-2023,'' 
dated May 22, 2024.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Scope of the Order

    The products covered by this Order are hot-rolled steel from Korea. 
A full description of the scope of the Order is contained in the 
Preliminary Decision Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review of Certain Hot-
Rolled Steel Flat Products from the Republic of Korea; 2022-2023,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum), at 3-5.

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[[Page 89589]]

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an 
administrative review when there are no reviewable suspended entries. 
Based on our analysis of U.S. Customs and Border Protection (CBP) 
information, we preliminarily determine that 46 companies had no 
entries of subject merchandise during the POR.\7\ On December 19, 2023, 
we notified interested parties of our intent to rescind this 
administrative review with respect to the 46 companies, listed in 
Appendix II of this notice, that had no reviewable suspended entries 
during the POR.\8\ No parties commented on our intent to rescind. As a 
result, we are rescinding this review, in part, with respect to the 46 
companies, as listed in Appendix II of this notice.
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    \7\ See Memorandum, ``Mandatory Respondent Identification,'' 
dated December 19, 2023.
    \8\ See Memorandum, ``Intent to Rescind Review, in Part,'' dated 
December 19, 2023.
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
We calculated export price and constructed export price in accordance 
with section 772 of the Act and we calculated normal value in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying these preliminary results, see the Preliminary 
Decision Memorandum. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached as Appendix I to this notice. The 
Preliminary Decision Memorandum is a public document and is made 
available to the public 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.

Preliminary Results of Review

    We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period October 1, 2022, through 
September 30, 2023:
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    \9\ As we did in previous segments of this proceeding, we 
continue to treat these two companies as a single entity for the 
preliminary results of this review. See, e.g., Certain Hot-Rolled 
Steel Flat Products from the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review; 2019-2020, 87 FR 12660, 
12661 n.2 (March 7, 2022).

------------------------------------------------------------------------
                                                       Weighted- average
                  Producer/exporter                     dumping margin
                                                           (percent)
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Hyundai Steel Company...............................                0.89
POSCO; POSCO International Corporation \9\..........                2.10
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results 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).

Public Comment

    As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to 
verify the response of POSCO and POSCO International Corporation after 
these preliminary results. Case briefs or other written comments may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later than seven days after the date on which the verification report 
is issued in this review. 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.\10\ Interested parties who submit case briefs 
or rebuttal briefs in this administrative review 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); 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 administrative 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 
memorandum that will accompany the final results of 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, 88 FR 67069.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce via ACCESS 
within 30 days after the date of publication of this notice. Hearing 
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 at the hearing will be limited to issues 
raised in the case and rebuttal briefs. If a request for a hearing is 
made, parties will be notified of the time and date for the 
hearing.\14\ Parties should confirm the date, time, and location of the 
hearing two days before the scheduled date.
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    \14\ See 19 CFR 351.310(d).
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of issues raised in written briefs, no later

[[Page 89590]]

than 120 days after the date of publication of this notice in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h)(1).

Assessment Rates

    Upon completion of the final results of this administrative review, 
pursuant to section 751(a)(2)(A) of the Act, Commerce shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. If a respondent's weighted-average dumping 
margin is not zero or de minimis (i.e., less than 0.50 percent) in the 
final results of this review, we intend to calculate an importer-
specific assessment rate based on the ratio of the total amount of 
dumping calculated for each importer's examined sales and the total 
entered value of the sales in accordance with 19 CFR 351.212(b)(1).\15\ 
If the respondent's weighted-average dumping margin or an importer-
specific assessment rate is zero or de minimis in the final results of 
this review, we intend to instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.\16\
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    \15\ 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).
    \16\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
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    For entries of subject merchandise during the POR produced by 
either of the individually examined respondents for which they did not 
know that the merchandise was destined to the United States, we will 
instruct CBP to liquidate these entries at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.\17\ For the companies identified in Appendix II for which 
we are rescinding the review with these preliminary results, we will 
instruct CBP to assess antidumping duties on all appropriate entries at 
rates equal to the cash deposit of antidumping duties required at the 
time of entry, or withdrawal from warehouse, for consumption, during 
the POR in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to 
issue these rescission instructions to CBP after the date of 
publication of this notice in the Federal Register.
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    \17\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    The final results of this administrative 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 deposits of 
estimated duties, where applicable.\18\ Commerce intends to issue 
assessment instructions regarding the individually examined respondents 
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).
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    \18\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of the final results 
of this administrative review for all shipments of 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 individually examined respondents will be 
equal to the weighted-average dumping margins 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 merchandise exported by companies not covered in this review but 
covered in a prior segment of this proceeding, the cash deposit rate 
will continue to be the company-specific rate published in the 
completed segment for the most recent period; (3) if the exporter is 
not a firm covered in this review, a prior review, or the investigation 
but the producer is, then the cash deposit rate will be the rate 
established in the most recently completed segment for the producer of 
the merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 6.05 percent, the all-others rate 
established in the investigation.\19\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \19\ See Order, 81 FR at 67965.
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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 and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties and/or an 
increase in the amount of antidumping duties by the amount of 
countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213(d)(3), 19 CFR 351.213(h)(2), and 19 CFR 351.221(b)(4).

    Dated: November 6, 2024.
Abdelali Elouaradia,
Deputy 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. Rescission of Administrative Review, in Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

Appendix II

Companies Rescinded From the Administrative Review

1. Aekyung Chemical
2. AJU Besteel Co., Ltd.
3. Ameri Source Korea
4. Chemaven Co., Ltd.
5. Cj Cheiljedang Corp.
6. Cj Global Logistics Service Inc.
7. Dongkuk Industries Co., Ltd.
8. Dongkuk Steel Mill Co., Ltd.
9. Geco Industries Co., Ltd.
10. Geumok Tech. Co., Ltd.
11. Goi Tech Industries Co., Ltd.
12. Golden State Corporation
13. Gs Global Corp.
14. Gs Holdings Corp.
15. Hanawell Co., Ltd.
16. Hanjin Gls Co., Ltd.
17. Hankook Co., Ltd.
18. HISTEEL
19. Hyosung Corporation
20. Hyosung Tnc Corporation
21. Hyundai Glovis Co., Ltd.
22. Hyundai Rb Co., Ltd.
23. Il Jin Nts Co., Ltd.
24. Inchang Electronics Co., Ltd.
25. J&K Korea Co., Ltd.
26. Jeil Industries Co., Ltd.
27. Jeil Metal Co., Ltd.
28. Jin Young Metal
29. Jun Il Co., Ltd.
30. KG Dongbu Steel Co., Ltd.
31. KG Steel Corporation
32. Kumkang Kind Co., Ltd.
33. Lg Electronics Inc.
34. Maxflex Corp.
35. Mitsubishi Corp. Korea
36. Mitsui Chemicals & Skc Polyurethane
37. Nexteel Co., Ltd.
38. Samsung Electronics Co., Ltd.
39. SeAH Steel Corporation
40. Sja Inc. (Korea)

[[Page 89591]]

41. Solvay Silica Korea
42. Soon Ho Co., Ltd.
43. Sumitomo Corp. Korea Ltd.
44. Sungjin Precision
45. Wintec Korea Inc.
46. Wonbangtech Co., Ltd.

[FR Doc. 2024-26253 Filed 11-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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