12660 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Notices 

7See Order, 84 FR at 41704. 

1See Certain Hot-Rolled Steel Flat Products from 

the Republic of Korea: Preliminary Results of 

Antidumping Duty Administrative Review; 2019– 

2020, 86 FR 59985 (October 29, 2021) (Preliminary 

Results), and accompanying Preliminary Decision 

Memorandum (PDM). 

2We initiated this review with respect to POSCO 

and POSCO Daewoo Corporation. We preliminarily 

found that POSCO International Corporation (PIC) 

is the successor-in-interest to POSCO Daewoo 

Corporation (PDW) and treated POSCO and PIC as 

a single entity. See Preliminary Decision 

Memorandum. For the final results, we continue 

treat POSCO and PIC as a single entity, hereinafter 

collectively referred to as POSCO. See ‘‘Successorin-Interest Determination’’ and ‘‘Affiliation and 

Single Entity Treatment’’ sections of this notice. 

3See Preliminary Results, 86 FR at 59985. 

4See Petitioners’ Letter, ‘‘Certain Hot-Rolled Steel 

Flat Products from the Republic of Korea: 

Petitioners’ Case Brief,’’ dated November 29, 2021. 

The petitioners are SSAB Enterprises, LLC, and 

Steel Dynamics, Inc. (collectively, the petitioners). 

5See Hyundai Steel’s Letter, ‘‘Certain Hot-Rolled 

Steel Flat Products from Korea, 10/01/2019–9/30/ 

2020 Administrative Review, Case No. A–580–883: 

Hyundai Steel’s Case Brief’’ dated November 29, 

2021; and POSCO’s Letter, ‘‘Hot-Rolled Steel Flat 

Products from the Republic of Korea—POSCO’s 

Case Brief,’’ dated November 29, 2021. 

6See Petitioners’ Letter, ‘‘Certain Hot-Rolled Steel 

Flat Products from the Republic of Korea: 

Petitioners’ Rebuttal Brief,’’ dated December 6, 

2021; see also Hyundai Steel’s Letter, ‘‘Certain HotRolled Steel Flat Products from Korea, 10/01/2019– 

9/30/2020 Administrative Review, Case No. A–580– 

883: Hyundai Steel’s Case Brief’’; and POSCO’s 

Letter, ‘‘Hot-Rolled Steel Flat Products from the 

Republic of Korea—POSCO’s Rebuttal Brief,’’ both 

dated December 6, 2021. 

7See 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). 

8See Memorandum, ‘‘Certain Hot-Rolled Steel 

Flat Products from the Republic of Korea: Issues 

and Decision Memorandum for the Final Results of 

Antidumping Duty Administrative Review; 2019– 

2020,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

will continue to be 10.77 percent,7 the 

all-others rate established in the lessthan-fair-value investigation. These cash 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers Regarding the 

Reimbursement of Duties 

This notice also serves as a final 

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 

review period. 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 Regarding Administrative 

Protective Order 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

We are issuing and publishing these 

final results of administrative review in 

accordance with sections 751(a)(1) and 

777(i) of the Act, and 19 CFR 

351.221(b)(5). 

Dated: March 1, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix—List of Topics Discussed in 

the Final Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Whether Commerce Should 

‘‘Cap’’ Sahamitir Pressure Container 

Public Company Limited’s (SMPC) 

Reported Freight Revenue at the Amount 

of Actual Freight Expenses SMPC 

Incurred 

Comment 2: Whether Commerce Made a 

Ministerial Error Regarding Treatment of 

SMPC’s Bank Charges 

Comment 3: Whether Commerce Should 

Use SMPC’s Month-Specific Certification 

Expenses in the Final Results 

Comment 4: Whether Commerce Should 

Reverse the Adjustment Made to SMPC’s 

Reported Scrap Offset in the Final 

Results 

VI. Recommendation 

[FR Doc. 2022–04756 Filed 3–4–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–883] 

Certain Hot-Rolled Steel Flat Products 

From the Republic of Korea: Final 

Results of Antidumping Duty 

Administrative Review; 2019–2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that the 

producers/exporters subject to this 

review made sales of subject 

merchandise at less than normal value 

during the period of review (POR), 

October 1, 2019, through September 30, 

2020. 

DATES: Applicable March 7, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Williams 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) 482–5166 or 

(202) 482–0410, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 29, 2021, Commerce 

published the preliminary results of the 

2019–2020 administrative review of the 

antidumping duty order on hot-rolled 

steel flat products (hot-rolled steel) from 

the Republic of Korea (Korea).1 This 

review covers two producer/exporters of 

the subject merchandise, Hyundai Steel 

Company (Hyundai Steel) and POSCO.2

We invited parties to comment on the 

Preliminary Results.3 On November 29, 

2021, we received case briefs from the 

petitioners 4 and from the mandatory 

respondents, Hyundai Steel and 

POSCO.5 On December 6, 2021, the 

petitioners, Hyundai Steel, and POSCO 

submitted rebuttal briefs.6 Commerce 

conducted this review in accordance 

with section 751(a)(1)(B) of the Tariff 

Act of 1930, as amended (the Act). 

Scope of the Order 

The products covered by the Order 7

are hot-rolled steel. A full description of 

the scope of the Order is contained in 

the Issues and Decision Memorandum.8

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs that were submitted by 

parties in this administrative review are 

addressed in the Issues and Decision 

Memorandum and are listed in the 

appendix to this notice. The Issues and 

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 Issues and Decision 

Memorandum can be accessed at 

https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 


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Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Notices 12661 

9See Preliminary Results PDM at 6. 

10See Preliminary Results PDM at 8. 

11This rate was calculated by weight-averaging 

the margins calculated for the individually 

examined respondents. For more information 

regarding the calculation of this margin, see 

Memorandum, ‘‘Final Results of Antidumping Duty 

Administrative Review of Certain Hot-Rolled Steel 

Flat Products from the Republic of Korea: 

Calculation of the Margin for Non-Examined 

Companies,’’ dated concurrently with this notice. 

As the weighting factor, we relied on the publicly 

ranged sales data reported in the quantity and value 

charts submitted by Hyundai Steel and POSCO. 

12 In these final results, Commerce applied the 

assessment rate calculation method adopted in 

Antidumping Proceedings: Calculation of the 

Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping Duty 

Proceedings; Final Modification, 77 FR 8101 

(February 14, 2012). 13See Order, 81 FR at 67963, 67965. 

Successor-in-Interest Determination 

We preliminarily found that PIC is the 

successor in interest to PDW for 

purposes of determining AD duty cash 

deposits and liabilities on the subject 

merchandise and the current cash 

deposit rate assigned to PDW should be 

the cash deposit rate for PIC as a result 

of our successor-in-interest finding.9

Since the Preliminary Results, no 

interested party commented on our 

preliminary finding. Accordingly, we 

continue to find that PIC is the 

successor-in-interest to PDW. 

Affiliation and Single Entity Treatment 

We preliminarily found that POSCO 

and PIC are affiliated and should be 

treated as a single entity pursuant to 19 

CFR 351.401(f).10 Since the Preliminary 

Results, no interested party commented 

on this preliminary finding. 

Accordingly, we continue to find that 

POSCO and PIC should be treated as a 

single entity. 

Changes Since the Preliminary Results 

Based on the comments received from 

interested parties regarding our 

Preliminary Results, and for the reasons 

explained in the Issues and Decision 

Memorandum, we made certain changes 

for the final results of review. 

Final Results of Review 

We determine that the following 

weighted-average dumping margins 

exist for the period October 1, 2019, 

through September 30, 2020. 

Producer/exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Hyundai Steel Company ....................... 3.62 

POSCO; POSCO International Corporation .............................................. 1.57 

Review-Specific Average Rate 

Applicable to the Following 

Companies: 11

Exporter/producer 

Average 

dumping 

margin 

(percent) 

Dongkuk Industries Co., Ltd ................. 2.95 

Exporter/producer 

Average 

dumping 

margin 

(percent) 

Dongkuk Steel Mill Co., Ltd .................. 2.95 

KG Dongbu Steel Co., Ltd .................... 2.95 

Marubeni-Itochu Steel Korea, Ltd ......... 2.95 

Snp Ltd .................................................. 2.95 

Soon Hong Trading Co ......................... 2.95 

Sungjin Co., Ltd .................................... 2.95 

Disclosure 

We intend to disclose the calculations 

performed in connection with these 

final results to parties in this proceeding 

within five days after public 

announcement of the final results or, if 

there is no public announcement, 

within five days of the date of 

publication of the notice of final results 

in the Federal Register, in accordance 

with 19 CFR 351.224(b). 

Assessment Rates 

Pursuant to section 751(a)(2)(C) of the 

Act and 19 CFR 351.212(b)(1), 

Commerce will determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries of subject 

merchandise in accordance with the 

final results of this review. 

For Hyundai Steel and POSCO we 

calculated importer-specific 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 those sales in 

accordance with 19 CFR 351.212(b)(1).12

Where an importer-specific assessment 

rate is de minimis (i.e., less than 0.5 

percent), the entries by that importer 

will be liquidated without regard to 

antidumping duties. 

For entries of subject merchandise 

during the POR produced by either of 

the individually examined respondents 

for which it did not know that its 

merchandise was destined for the 

United States, we will instruct CBP to 

liquidate unreviewed entries at the allothers rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction. 

For the companies identified above 

that were not selected for individual 

examination, we will instruct CBP to 

liquidate entries at the rates established 

in these final results of review. 

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 

Upon publication of this notice in the 

Federal Register, the following cash 

deposit requirements will be effective 

for all shipments of hot-rolled steel 

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 

rates for the companies subject to this 

review will be equal to the weightedaverage dumping margin established in 

the final results of the review; (2) for 

merchandise exported by producers or 

exporters not covered in this review but 

covered in a prior completed segment of 

the proceeding, the cash deposit rate 

will continue to be the companyspecific 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 

original investigation but the producer 

has been covered in a prior completed 

segment of this proceeding, then the 

cash deposit rate will be the rate 

established in the completed segment 

for the most recent period 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 less-than-fair-value investigation 

for this proceeding.13 These cash 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice serves as a final 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 review period. Failure to 

comply with this requirement could 

result in Commerce’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of doubled antidumping duties. 

Administrative Protective Order 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 


khammond on DSKJM1Z7X2PROD with NOTICES
12662 Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / Notices 

1See Freight Rail Coupler Systems and Certain 

Components Thereof from the People’s Republic of 

China: Initiation of Countervailing Duty 

Investigation, 86 FR 58878 (October 25, 2021) 

(Initiation Notice). 

2See Freight Rail Coupler Systems and Certain 

Components Thereof from the People’s Republic of 

China: Postponement of Preliminary Determination 

in the Countervailing Duty Investigation, 86 FR 

70113 (December 9, 2021). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination in the 

Countervailing Duty Investigation of Freight Rail 

Coupler Systems and Certain Components Thereof 

from the People’s Republic of China,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

5See Initiation Notice, 86 FR 58879. 

6See Memorandum, ‘‘Countervailing Duty 

Investigation of Freight Rail Coupler Systems and 

Certain Components Thereof from the People’s 

Republic of China: Request for Additional Scope 

Comments,’’ dated February 11, 2022. 

7See Freight Rail Coupler Systems and Certain 

Components Thereof from the People’s Republic of 

China: Initiation of Less-Than-Fair-Value 

Investigation, 86 FR 58864 (October 25, 2021). 

8See 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. 

9See sections 776(a) and (b) of the Act. 

disclosed under the APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of the return/destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation 

which is subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i) of the Act, and 19 

CFR 351.221(b)(5). 

Dated: February 28, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Particular Market Situation 

(PMS) 

Comment 2: Cost Smoothing 

Comment 3: Hyundai Steel’s Constructed 

Export Price (CEP) Offset 

Comment 4: Affiliated-Party Inputs 

Regarding POSCO and Hyundai Steel 

Comment 5: Hyundai Steel’s Affiliated 

Party Input Adjustment 

Comment 6: POSCO’s Freight Revenue 

Comment 7: POSCO’s U.S. Indirect Selling 

Expenses (ISEs) 

VI. Recommendation 

[FR Doc. 2022–04691 Filed 3–4–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Freight Rail Coupler Systems and 

Certain Components Thereof: 

Preliminary Affirmative Countervailing 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that countervailable subsidies are being 

provided to producers and exporters of 

freight rail coupler systems and certain 

components thereof (freight rail 

couplers) from the People’s Republic of 

China (China) during the period of 

investigation January 1, 2020, through 

December 31, 2020. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable March 7, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Whitley Herndon or Robert Scully, AD/ 

CVD Operations, Office V, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–6274, or (202) 482–0572, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on October 25, 2021.1 On December 9, 

2021, Commerce postponed the 

preliminary determination to February 

28, 2022.2 For a complete description of 

the events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II 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 http://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at http://enforcement.trade.gov/frn/. 

Scope of the Investigation 

The product covered by this 

investigation is freight rail couplers 

from China. For a complete description 

of the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).5 We received 

several comments concerning the scope 

of the antidumping duty (AD) and 

countervailing duty (CVD) 

investigations of freight rail couplers as 

it appeared in the Initiation Notice. On 

February 11, 2022, we requested 

additional scope comments from 

interested parties regarding 

merchandise under consideration 

attached to rail cars.6 On February 22, 

2022, we received comments from 

several interested parties; with rebuttal 

comments due March 1, 2022. Because 

these comments were submitted in close 

proximity to the preliminary 

determinations, we intend to issue our 

preliminary decision regarding the 

scope of the AD and CVD investigations 

after the preliminary determination of 

the companion AD investigation, the 

deadline for which is March 8, 2022.7

We will incorporate the scope decisions 

from the AD investigation into the scope 

of the final CVD determination for this 

investigation after considering any 

relevant comments submitted in scope 

case and rebuttal briefs. 

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.8

Commerce notes that, in making these 

findings, it relied on facts available and, 

because Commerce finds that necessary 

information was missing from the 

record and because respondents did not 

act to the best of their ability to respond 

to Commerce’s requests for information, 

Commerce drew an adverse inference in 

selecting from among the facts 

otherwise available.9 For further 

information, see ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ in the Preliminary Decision 

Memorandum. 


khammond on DSKJM1Z7X2PROD with NOTICES