[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Notices]
[Pages 40808-40810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16172]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-881]


Certain Cold-Rolled Steel Flat Products From the Republic of 
Korea: Final Results of Antidumping Duty Administrative Review; 2018-
2019

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
cold-rolled steel flat products (cold-rolled steel) from the Republic 
of Korea were not sold in the United States at prices below normal 
value during the period of review (POR), September 1, 2018, through 
August 31, 2019.

DATES: Applicable July 29, 2021.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, George McMahon, or 
Marc Castillo, AD/CVD Operations, Office VI, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-4475, (202) 482-1167, or (202) 482-5019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 25, 2021, Commerce published the Preliminary Results of 
this administrative review.\1\ We invited interested parties to comment 
on the Preliminary Results. Between February 24, and March 5, 2021, 
Commerce received timely filed case briefs and rebuttal briefs from 
United States Steel Corporation (U.S. Steel), additional domestic 
parties,\2\ Hyundai Steel Company (Hyundai), and POSCO/POSCO 
International Corporation (POSCO).\3\ On May 14, 2021, we extended the 
deadline for issuing the final results until July 23, 2021.\4\
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    \1\ See Certain Cold Rolled Steel Flat Products from the 
Republic of Korea: Preliminary Results of Antidumping Duty 
Administrative Review; 2018-2019, 86 FR 6871 (January 25, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ Additional domestic parties include ArcelorMittal USA LLC, 
AK Steel Corporation, and Cleveland-Cliffs Steel LLC (collectively, 
domestic producers).
    \3\ See POSCO's Letter, ``Cold Rolled Steel Flat Products from 
the Republic of Korea: POSCO's Case Brief,'' dated February 24, 
2021; see also Hyundai's Letter, ``Cold Rolled Steel Flat Products 
from the Republic of Korea: Hyundai Steel's Case Brief,'' dated 
February 24, 2021; U.S. Steel's Letter, ``Certain Cold-Rolled Steel 
Flat Products From the Republic of Korea: Case Brief of United 
States Steel Corporation,'' dated February 24, 2021; POSCO's Letter, 
``Cold Rolled Steel Flat Products From the Republic of Korea: 
POSCO's Rebuttal Brief,'' dated March 5, 2021; Hyundai's Letter, 
``Cold Rolled Steel Flat Products From the Republic of Korea: 
Hyundai Steel's Rebuttal Brief,'' dated March 5, 2021; US Steel's 
and Domestic Producers' Letter, ``Cold-Rolled Steel Flat Products 
From South Korea: Rebuttal Brief of United States Steel 
Corporation,'' dated March 5, 2021; and U.S. Steel and Domestic 
Producers' Letter, ``Cold Rolled Steel Flat Products from Korea: 
Petitioners' Rebuttal Brief Concerning POSCO,'' dated March 5, 2021.
    \4\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products 
from the Republic of Korea: Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review,'' dated May 14, 2021.
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    For a complete description of the events that followed the 
Preliminary Results, see the Issues and Decision Memorandum, dated 
concurrently with these final results and hereby adopted by this 
notice.\5\ 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 on the internet at http://enforcement.trade.gov/frn/index.html.
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    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Administrative Review of the 
Antidumping Duty Order on Certain Cold-Rolled Steel Flat Products 
from the Republic of Korea,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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    This review covers three producers and exporters of the subject 
merchandise. Based on an analysis of the comments received, we made 
certain changes to the margin calculations. The weighted-average 
dumping margins are listed in the ``Final Results of the Review'' 
section of this notice. Commerce conducted this administrative review 
in accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).

[[Page 40809]]

Scope of the Order

    The product covered by the Order \6\ is cold-rolled steel from the 
Republic of Korea. For a complete description of the scope of the 
Order, see the Issues and Decision Memorandum.
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    \6\ See 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).
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Analysis of Comments Received

    All arguments raised in the case and rebuttal briefs are listed in 
the appendix to this notice and addressed in the Issues and Decision 
Memorandum.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the margin calculations for Hyundai Steel Company (Hyundai) 
and POSCO/POSCO International Corporation (POSCO). For a discussion of 
these changes, see the ``Margin Calculations'' section of the Issues 
and Decision Memorandum.\7\
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    \7\ See Issues and Decision Memorandum; see also Memorandum, 
``Final Determination Calculations for Hyundai,'' dated concurrently 
with this notice; and Memorandum, ``Final Determination Calculations 
for POSCO/PIC,'' dated concurrently with this notice.
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Rate for Non-Examined Company

    The Act and Commerce's regulations do not address the establishment 
of a rate to be applied to 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 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} .'' Section 
735(c)(5)(B) of the Act also provides that, where all rates for 
individually examined companies are zero, de minimis, or based entirely 
on facts available, Commerce may use ``any reasonable method'' for 
assigning the rate to all other respondents. The SAA states that one 
such reasonable method is to weight-average the rates that are zero, de 
minimis, and based entirely on facts available.\8\
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    \8\ See Statement of Administrative Action Accompanying the 
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) at 
873 (1994) (SAA).
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    For these final results, we calculated weighted-average dumping 
margins for Hyundai and POSCO that are zero percent, and we have 
assigned this zero percent rate to the company not individually 
examined in this review (i.e., KG Dongbu Steel Co., Ltd) pursuant to 
section 735(c)(5)(B) of the Act.\9\
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    \9\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
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Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period September 1, 2018, through August 31, 
2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                margin
                                                               (percent)
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Hyundai Steel Company.......................................        0.00
POSCO/POSCO International Corporation \10\..................        0.00
KG Dongbu Steel Co., Ltd \11\...............................        0.00
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Disclosure
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    \10\ Commerce has collapsed POSCO and POSCO International 
Corporation (PIC), treating these companies as a single entity. 
Commerce also finds that PIC is the successor-in-interest to POSCO 
Daewoo Corporation (PDW), and, as a consequence, is part of the 
collapsed POSCO single entity. See Memorandum, ``Cold-Rolled Steel 
Flat Products from the Republic of Korea: POSCO and POSCO 
International Corporation Affiliation and Collapsing Memorandum,'' 
dated January 15, 2021 at 9-10.
    \11\ Commerce determined that KG Dongbu Steel Co., Ltd. (KG 
Dongbu Steel) is the successor-in-interest to Dongbu Steel Co., Ltd. 
(Dongbu Steel) and Dongbu Incheon Steel Co., Ltd. (Dongbu Incheon) 
for purposes of determining antidumping duty (AD) cash deposits and 
liabilities pursuant to the AD orders on certain cold-rolled steel 
and certain corrosion resistant steel products from Korea. See 
Certain Cold-Rolled Steel Flat Products and Certain Corrosion-
Resistant Steel Products from the Republic of Korea: Preliminary 
Results of Antidumping Duty and Countervailing Duty Changed 
Circumstance Reviews, 86 FR 287 (January 5, 2021), unchanged in 
Certain Cold-Rolled Steel Flat Products and Certain Corrosion-
Resistant Steel Products from the Republic of Korea: Final Results 
of Antidumping and Countervailing Duty Changed Circumstances 
Reviews, 86 FR 10922 (February 23, 2021).
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    Commerce intends to disclose the calculations performed for these 
final results within five days of the date of publication of this 
notice in the Federal Register, to parties in this proceeding, 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 has determined, 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.
    Pursuant to 19 CFR 351.212(b)(1), where the respondent did not 
report entered value, we calculated the entered value in order to 
calculate the assessment rate. Where the respondent's weighted-average 
dumping margin is zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), or an importer-specific rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties. In accordance with Commerce's practice, for 
entries of subject merchandise during the POR for which the reviewed 
companies did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate such entries at the all-
others rate if there is no company-specific rate for the intermediate 
company(ies) involved in the transaction.\12\
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    \12\ 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 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.\13\ Consistent with its recent notice,\14\ 
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).
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    \13\ See section 751(a)(2)(C) of the Act.
    \14\ See Notice of Discontinuation Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific 
company listed above will be zero; (2) for previously investigated 
companies

[[Page 40810]]

not participating in this review, the cash deposit will continue to be 
the company-specific rate published for the most recently completed 
segment of this proceeding; (3) if the exporter is not a firm covered 
in this review, or the original less-than-fair-value (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,\15\ 
the all-others rate established in the LTFV investigation. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \15\ See Order.
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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 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 Regarding Administrative Protective Order

    This notice serves as the only 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), which continues to govern 
business proprietary information in this segment of the proceeding. 
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

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

    Dated: July 23, 2021.
Christian Marsh,
Acting 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. Rate for Non-Examined Company
VI. Discussion of the Issues
    Comment 1-A: Lawfulness of Commerce's Interpretation of the 
Particular Market Situation (PMS) Provision
    Comment 1-B: Evidence of a PMS
    Comment 1-C: Quantification of PMS Adjustment
    Comment 2: Constructed Export Price (CEP) Offset for POSCO
    Comment 3: Correction of Calculation Errors
    Comment 4: Whether Hyundai's Cost Accounting Merits Adverse 
Facts Available (AFA)
    Comment 5: Assignment of an Assessment Rate to a Certain U.S. 
Affiliate
VII. Recommendation

[FR Doc. 2021-16172 Filed 7-28-21; 8:45 am]
BILLING CODE 3510-DS-P