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[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Notices]
[Pages 99224-99225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28990]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-888]

Certain Carbon and Alloy Steel Cut-to-Length Plate From the 
Republic of Korea: Final Results of Countervailing Duty Administrative 
Review; 2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to POSCO Co., Ltd. (POSCO), a 
producer and exporter of certain carbon and alloy steel cut-to-length 
plate (CTL plate) from the Republic of Korea (Korea), during the period 
of review (POR) from January 1, 2022, through December 31, 2022.

DATES: Applicable December 10, 2024.

FOR FURTHER INFORMATION CONTACT: Faris Montgomery or Laurel Smalley, 
AD/CVD Operations, Office VIII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1537 
or (202) 482-3456, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 31, 2024, Commerce published the Preliminary Results of this 
administrative review in the Federal Register, and invited interested 
parties to comment.\1\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\2\ On 
September 6, 2024, Commerce extended the deadline for the final results 
of this review to no later than December 4, 2024.\3\ For a complete 
description of the events that followed the Preliminary Results, see 
the Issues and Decision Memorandum.\4\
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    \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the Republic of Korea: Preliminary Results and Partial Rescission of 
Countervailing Duty Administrative Review; 2022, 89 FR 47131 (May 
31, 2024) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated September 6, 
2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review: 
Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic 
of Korea; 2022,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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    We conducted this review in accordance with section 751 of the 
Tariff Act of 1930, as amended (the Act).

Scope of the Order \5\
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    \5\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May 
25, 2017) (Order).
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    The merchandise covered by the Order is CTL plate. For a complete 
description of the scope of the Order, see the Issues and Decision 
Memorandum.

[[Page 99225]]

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed is 
attached at 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 directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the case and rebuttal briefs and the 
evidence on the record, we made certain changes to POSCO's 
countervailable subsidy calculations from the Preliminary Results. 
These changes are explained in the Issues and Decision Memorandum.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable, we find that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\6\ The Issues and Decision 
Memorandum contains a full description of the methodology underlying 
Commerce's conclusions.
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    \6\ See 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.
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Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we calculated an 
individual net countervailable subsidy rate for POSCO. Commerce 
determines that, during the POR, the net countervailable subsidy rate 
for the producers/exporter under review is as follows:

------------------------------------------------------------------------
                                                   Subsidy rate (percent
                Producer/exporter                       ad valorem)
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POSCO Co., Ltd.\7\...............................                  1.47
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Disclosure
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    \7\ As discussed in the Preliminary Results, Commerce found the 
following companies to be cross-owned with POSCO: POSCO Chemical 
Co., Ltd.; POSCO Holdings Inc.; POSCO Mobility Solution Co., Ltd.; 
POSCO M-Tech Co., Ltd.; and POSCO Nippon Steel RHF Joint Venture 
Co., Ltd. The subsidy rate applies to all cross-owned companies. We 
note that POSCO has an affiliated trading company through which it 
exported certain subject merchandise during the POR, POSCO 
International (aka POSCO International Corporation). POSCO 
International was not selected as a mandatory respondent but was 
examined in the context of POSCO. Therefore, there is not an 
established countervailing duty rate for POSCO International; POSCO 
International's subsidies are accounted for in POSCO's total subsidy 
rate. Instead, entries of subject merchandise exported by POSCO 
International will receive the rate of the producer listed on the 
U.S. Customs and Border Protection (CBP) entry form. Thus, the 
subsidy rate applied to POSCO and POSCO's cross-owned companies is 
also applied to POSCO International for entries of subject 
merchandise produced by POSCO.
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    Commerce intends to disclose its calculations and analysis 
performed in connection with these final results to interested parties 
within five days of its 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)

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and CBP shall assess, 
countervailing duties on all appropriate entries of subject merchandise 
in accordance with the final results of this review, for the above-
listed company at the applicable ad valorem assessment rate. We intend 
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

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount shown for the company listed above based on 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review.\8\ For all non-reviewed firms 
subject to the Order, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the most recent company-
specific rate or the all-others rate (i.e., 3.72 percent), as 
appropriate.\9\ These cash deposit requirements, effective upon 
publication of these final results, shall remain in effect until 
further notice.
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    \8\ See, e.g., Honey from Argentina: Results of Countervailing 
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and 
accompanying Issues and Decision Memorandum at Issue 4.
    \9\ See Order, 82 FR 24103.
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Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to an APO 
of their responsibility concerning the destruction 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 terms of an APO 
is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act, and 19 CFR 351.221(b)(5).

    Dated: December 4, 2024.
Abdelali Elouaradia,
Deputy 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. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of the Comments
    Comment 1: Whether Electricity Is Subsidized by the Government 
of Korea (GOK)
    Comment 2: Whether the Provision of Korea Emissions Trading 
System (K-ETS) Permits Is Countervailable
    Comment 3: Whether Local Tax Deductions Under the Restriction of 
Special Local Taxation Act (RSLTA) Article 57-2 Are Countervailable
    Comment 4: Whether the Benchmark Calculation for Electricity for 
More Than Adequate Remuneration (MTAR) Correctly Reflects the Volume 
of Electricity Purchased
    Comment 5: Whether the Quota Tariff Import Duty Exemptions Under 
Article 71 of the Customs Act Program Is De Facto Specific
    Comment 6: Whether Certain Tax Exemptions, Import Duty 
Exemptions, and Loans Are Tied to the Production of Non-Subject 
Merchandise
VII. Recommendation

[FR Doc. 2024-28990 Filed 12-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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