[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33653-33654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13621]



[[Page 33653]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-836]


Certain Cut-to-Length Carbon-Quality Steel Plate Products From 
the Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Hyundai Steel Company (Hyundai Steel) and three non-examined companies 
made sales of subject merchandise at less than normal value during the 
period of review (POR) February 1, 2019, through January 31, 2020. 
Interested parties are invited to comment on these preliminary results 
of review.

DATES: Applicable June 25, 2021.

FOR FURTHER INFORMATION CONTACT: Michael A. Romani, 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) 482-0198.

SUPPLEMENTARY INFORMATION:

Background

    On April 8, 2020, Commerce initiated the administrative review of 
the antidumping duty order on certain cut-to-length carbon-quality 
steel plate products (CTL plate) from the Republic of Korea (Korea).\1\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 19730, 189735 (April 8, 2020) 
(Initiation Notice).
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days, thereby tolling the deadline for the preliminary 
results of review.\2\ On July 21, 2020, Commerce tolled all deadlines 
in administrative reviews by an additional 60 days, thereby tolling the 
deadline for the preliminary results of review until February 18, 
2020.\3\ On January 26, 2021, Commerce extended the time limit for 
issuing the preliminary results of this review by 120 days, to no later 
than June 18, 2021.\4\ For a complete description of the events between 
the initiation of this review and these preliminary results, see the 
Preliminary Decision Memorandum.\5\
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    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \4\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel 
Plate Products from the Republic of Korea: Extension of Deadline for 
Preliminary Results of the Antidumping Duty Administrative Review; 
2019-2020,'' dated January 26, 2021.
    \5\ See Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel 
Plate Products from the Republic of Korea: Decision Memorandum for 
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the antidumping duty order are certain CTL 
plate 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 Preliminary Decision Memorandum at ``Scope of the 
Order.''
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Methodology

    Commerce is conducting this review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act). Export price and 
constructed export price are calculated in accordance with section 772 
of the Act. Normal value 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 included in the Preliminary Decision Memorandum is included in 
the appendix 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 
http://access.trade.gov. In addition, the signed Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.

Rates for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
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 investigation, for 
guidance when calculating the rate 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 have preliminarily calculated a weighted-average 
dumping margin for Hyundai Steel Company (Hyundai Steel) that is not 
zero, de minimis, or determined entirely on the basis of facts 
available. Accordingly, Commerce preliminarily has assigned to the 
companies not individually examined, BDP International, Dongkuk Steel 
Mill Co., Ltd., and Sung Jin Steel Co., Ltd.,\7\ a margin of 0.68 
percent based on Hyundai Steel's calculated weighted-average dumping 
margin.
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    \7\ See Initiation Notice, 85 FR at 19735.
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Preliminary Results of the Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the respondents for the period February 1, 
2019, through January 31, 2020:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                         dumping
                                                              margin
                                                             (percent)
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Dongkuk Steel Mill Co., Ltd.............................            0.68
Hyundai Steel Company...................................            0.68
BDP International.......................................            0.68
Sung Jin Steel Co., Ltd.................................            0.68
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to the parties within five days after public 
announcement of the preliminary results in accordance with 19 CFR 
351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\8\ Commerce has modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\9\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are encouraged to submit with each argument: (1) A 
statement of the issue,

[[Page 33654]]

(2) a brief summary of the argument, and (3) a table of 
authorities.\10\
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    \8\ See 19 CFR 351.309(d).
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
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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. 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 in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm the date, time, and location of the 
hearing two days before the scheduled date. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time 
within 30 days after the date of publication of this notice.\11\
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    \11\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, not later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the 
Act.

Assessment Rates

    Upon issuing the final results, Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries covered by this review.\12\ If a respondent's 
weighted-average dumping margin is above de minimis (i.e., 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).\13\ 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 will instruct CBP not to assess duties 
on any of its entries in accordance with the Final Modification for 
Reviews.\14\ The final results of this administrative review shall be 
the basis for the assessment of antidumping duties on entries of 
merchandise under review and for future deposits of estimated duties, 
where applicable.
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ In these preliminary 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) (Final Modification for 
Reviews).
    \14\ See Final Modification for Reviews, 77 FR 8103; see also 19 
CFR 351.106(c)(2).
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    For entries of subject merchandise during the POR produced by 
Hyundai Steel for which it did not know its merchandise was destined 
for 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.
    For the companies identified above that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rates listed above.
    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

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of this review for all shipments of CTL plate from Korea 
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 companies subject to this review will be 
equal to the weighted-average dumping margins established in the final 
results of the review; (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 for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
less-than-fair-value (LTFV) investigation but the producer is, then the 
cash deposit rate will be the rate established for the most recently 
completed segment for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
0.98 percent,\15\ the all-others rate established in the LTFV 
investigation, adjusted for the export-subsidy rate in the companion 
countervailing duty investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \15\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate 
Products from the Republic of Korea: Final Results of Antidumping 
Duty Administrative Review; 2016-2017, 83 FR 32629, 32630 (July 13, 
2018).
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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 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.

Administrative Protective Orders

    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 violation 
subject to sanctions.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).

    Dated: June 15, 2021.
Christian Marsh,
Acting 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. Rates for Non-Examined Companies
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2021-13621 Filed 6-24-21; 8:45 am]
BILLING CODE 3510-DS-P