43178 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices 

8For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

9See Notice of Discontinuation of Policy to Issue 

Liquidation Instructions After 15 Days in 

Applicable Antidumping and Countervailing Duty 

Administrative Proceedings, 86 FR 3995 (January 

15, 2021). 

10See Certain Steel Nails from the United Arab 

Emirates: Amended Final Determination of Sales at 

Less Than Fair Value and Antidumping Duty Order, 

77 FR 27421 (May 10, 2012). 

11See 19 CFR 351.224(b). 12See 19 CFR 351.309(d); see also Temporary 

Rule Modifying AD/CVD Service Requirements Due 

to COVID–19; Extension of Effective Period, 85 FR 

41363 (July 10, 2020) (Temporary Rule). 13See 19 CFR 351.309(c)(2) and (d)(2). 14See generally 19 CFR 351.303. 15See 19 CFR 351.303(f). 

16See Temporary Rule. 

intermediate company(ies) involved in 

the transaction.8

Consistent with its recent notice,9

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 

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entered, or withdrawn from warehouse, 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 finals 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 equal to 

the weighted-average dumping margin 

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 

previously reviewed or investigated 

companies not participating in this 

review, the cash deposit rate will 

continue to be the company-specific 

rates published for the most recentlycompleted segment of this proceeding in 

which they were reviewed; (3) if the 

exporter is not a firm covered by 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 recentlycompleted segment of this proceeding 

for the producer of the merchandise; 

and (4) the cash deposit rate for all other 

producers or exporters will continue to 

be 4.30 percent,10 the all-others rate 

established in the LTFV investigation. 

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Disclosure and Public Comment 

We intend to disclose the calculations 

performed to parties within five days 

after public announcement of the 

preliminary results.11 Pursuant to 19 

CFR 351.309(c), interested parties may 

submit case briefs no 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.12 Parties who 

submit case briefs or rebuttal briefs in 

this proceeding are encouraged to 

submit with each argument: (1) A 

statement of the issue; (2) a brief 

summary of the argument; and (3) a 

table of authorities.13 Case and rebuttal 

briefs should be filed using ACCESS 14

and must be served on interested 

parties.15 Executive summaries should 

be limited to five pages total, including 

footnotes. Note that Commerce has 

modified certain of its requirements for 

serving documents containing business 

proprietary information, until further 

notice.16

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. An electronically-filed 

document 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. 

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 and 

rebuttal briefs. Unless otherwise 

extended, 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 and 19 CFR 351.213(h)(1). 

Notification to Importers 

This notice also serves as a 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 doubled antidumping duties. 

Notification to Interested Parties 

We are issuing and publishing these 

results in accordance with sections 

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

CFR 351.221(b)(4). 

Dated: July 30, 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. Discussion of the Methodology 

V. Currency Conversion 

VI. Recommendation 

[FR Doc. 2021–16841 Filed 8–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–887] 

Carbon and Alloy Steel Cut-to-Length 

Plate 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) is conducting an 

administrative review of the 

antidumping duty order on carbon and 

alloy steel cut-to-length plate from the 

Republic of Korea. The period of review 

(POR) is May 1, 2019, through April 30, 

2020. The review covers one producer/ 

exporter of the subject merchandise, 

POSCO, POSCO International 

Corporation and its affiliated companies 

(collectively, the POSCO single entity). 

We preliminarily determine that sales of 

subject merchandise by the POSCO 

single entity were not made at prices 

below normal value (NV). Interested 

parties are invited to comment on these 

preliminary results. 

DATES: Applicable August 6, 2021. 

FOR FURTHER INFORMATION CONTACT: 

William Horn or Janae ́ Martin, AD/CVD 

Operations, Office VIII, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices 43179 

1See Initiation of Antidumping and 

Countervailing Duty Administration Reviews, 85 FR 

41540 (July 20, 2020) (Initiation Notice). 

2See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews,’’ dated July 21, 2020. 

3See Memorandum, ‘‘Certain Carbon and Alloy 

Steel Cut-to-Length Plate from the Republic of 

Korea: Extension of Deadline for the Preliminary 

Results of the 2019–2020 Antidumping Duty 

Administrative Review,’’ dated March 22, 2021. 

4See Memorandum, ‘‘Decision Memorandum for 

Preliminary Results of Antidumping Duty 

Administrative Review: Certain Carbon and Alloy 

Steel Cut-To-Length Plate from the Republic of 

Korea,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

5See Certain Carbon and Alloy Steel Cut-toLength Plate from Austria, Belgium, France, the 

Federal Republic of Germany, Italy, Japan, the 

Republic of Korea, and Taiwan: Amended Final 

Affirmative Antidumping Determinations for 

France, the Federal Republic of Germany, the 

Republic of Korea and Taiwan, and Antidumping 

Duty Orders, 82 FR 24096 (May 25, 2017) (Order). 

6Commerce is preliminarily determining that 

POSCO, POSCO International Corporation, POSCO 

SPS, and certain distributors and service centers 

(Taechang Steel Co., Ltd., Winsteel Co., Ltd., and 

Shinjin Esco Co., Ltd.) are affiliated pursuant to 

section 771(33)(E) of the Act, and further that these 

companies should be treated as a single entity 

(collectively, the POSCO single entity) pursuant to 

19 CFR 351.401(f). Note that Shinjin Esco Co., Ltd. 

is only considered part of the POSCO single entity 

until February 10, 2020, after which its affiliation 

with POSCO ceased. See Preliminary Decision 

Memorandum. 

7See Preliminary Decision Memorandum. 

8See Petitioner’s Letter, ‘‘3rd Administrative 

Review of the Antidumping Duty Order on Carbon 

and Alloy Steel Cut-To-Length Plate from the 

Republic of Korea—Petitioner’s Request for 

Verification,’’ dated October 19, 2020. 

9See 19 CFR 351.309(d); see also Temporary Rule 

Modifying AD/CVD Service Requirements Due to 

COVID–19, 85 FR 17006 (March 26, 2020); and 

Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19; Extension of 

Effective Period, 85 FR 41363 (July 10, 2020) 

(collectively, Temporary Rule). 

10See 19 CFR 351.303(b) and 19 CFR 351.303(f). 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone 

(202) 482–4868 or (202) 482–0238, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 10, 2020, based on timely 

requests for review, in accordance with 

19 CFR 351.221(c)(1)(i), we initiated an 

administrative review on certain carbon 

and alloy steel cut-to-length plate from 

the Republic of Korea produced and/or 

exported by POSCO.1

On July 21, 2020, Commerce tolled all 

preliminary and final results deadlines 

in administrative reviews by 60 days, 

thereby extending the deadline for these 

preliminary results until April 1, 2021.2

On March 22, 2021, we extended the 

preliminary results of this review to no 

later than July 30, 2021.3 For a complete 

description of the events that followed 

the initiation of this review, see the 

Preliminary Decision Memorandum.4

Scope of the Order 

The merchandise subject to the 

Order 5 is carbon and alloy steel cut-tolength plate. The product is currently 

classified under the Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheadings 7208.40.3030, 

7208.40.3060, 7208.51.0030, 

7208.51.0045, 7208.51.0060, 

7208.52.0000, 7211.13.0000, 

7211.14.0030, 7211.14.0045, 

7225.40.1110, 7225.40.1180, 

7225.40.3005, 7225.40.3050, 

7226.20.0000, and 7226.91.5000. 

The products subject to the Order may 

also enter under the following HTSUS 

subheadings: 7208.40.6060, 

7208.53.0000, 7208.90.0000, 

7210.70.3000, 7210.90.9000, 

7211.19.1500, 7211.19.2000, 

7211.19.4500, 7211.19.6000, 

7211.19.7590, 7211.90.0000, 

7212.40.1000, 7212.40.5000, 

7212.50.0000, 7214.10.000, 

7214.30.0010, 7214.30.0080, 

7214.91.0015, 7214.91.0060, 

7214.91.0090, 7225.11.0000, 

7225.19.0000, 7225.40.5110, 

7225.40.5130, 7225.40.5160, 

7225.40.7000, 7225.99.0010, 

7225.99.0090, 7206.11.1000, 

7226.11.9060, 7229.19.1000, 

7226.19.9000, 7226.91.0500, 

7226.91.1530, 7226.91.1560, 

7226.91.2530, 7226.91.2560, 

7226.91.7000, 7226.91.8000, and 

7226.99.0180. The HTSUS subheadings 

are provided for convenience and 

customs purposes only; the written 

product description of the scope of the 

Order is dispositive. 

For a complete description of the 

merchandise subject to the Order, see 

the Preliminary Decision Memorandum. 

Methodology 

Commerce is conducting this review 

in accordance with section 751(a)(1)(B) 

and (2) 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. NV 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. 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 

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

index.html. A list of the topics 

discussed in the Preliminary Decision 

Memorandum is attached as an 

Appendix to this notice. 

Preliminary Results of the Review 

As a result of our analysis of the 

record information, we preliminarily 

determine a weighted-average dumping 

margin of zero percent for the POSCO 

single entity 6 for the period May 1, 

2019, through April 30, 2020.7

Therefore, Commerce preliminarily 

determines that the POSCO single entity 

did not make sales of subject 

merchandise at prices below NV. 

Verification 

On October 19, 2020, the petitioners 

requested, pursuant to 19 CFR 

351.307(b)(1)(v), that Commerce 

conduct verification of the 

questionnaire responses submitted in 

this administrative review by POSCO.8

Commerce is currently unable to 

conduct on-site verification of the 

information relied upon in making its 

final results of this administrative 

review. Accordingly, we intend to take 

additional steps in lieu of on-site 

verification to verify the information. 

Commerce will notify interested parties 

of any additional documentation or 

information required. 

Disclosure and Public Comment 

Commerce intends to disclose the 

calculations performed in connection 

with these preliminary results to 

interested parties within five days of the 

date of publication of this notice in 

accordance with 19 CFR 351.224(b). 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance. Interested parties will be 

notified of the deadline for the 

submission of such case briefs and 

written comments at a later date. 

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.9 Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case briefs or rebuttal briefs in 

this proceeding are encouraged to 

submit with each argument: (1) A 

statement of the issue; (2) a brief 

summary of the argument; and (3) a 

table of authorities. 

All submissions to Commerce must be 

filed electronically using ACCESS and 

must also be served on interested 

parties.10 An electronically filed 


jbell on DSKJLSW7X2PROD with NOTICES
43180 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices 

11See Temporary Rule. 

12See 19 CFR 351.310(c). 

13See section 751(a)(3)(A) of the Act and 19 CFR 

351.213(h). 

14 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 

Proceedings: Final Modification, 77 FR 8101 

(February 14, 2012). 

15See 19 CFR 351.106(c)(2). 

16For a full discussion of this clarification, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 17See Order. 

document must be received successfully 

in its entirety by Commerce’s electronic 

records system, ACCESS, by 5:00 p.m. 

Eastern Time on the date that the 

document is due. Note that Commerce 

has temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.11

Interested parties who wish to request 

a hearing must submit a written request 

to the Assistant Secretary for 

Enforcement and Compliance within 30 

days of publication of this notice.12

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 and 

rebuttal 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 by 

telephone the date, time, and location of 

the hearing two days before the 

scheduled date. 

Unless the deadline is extended 

pursuant to section 751(a)(3)(A) of the 

Act and 19 CFR 351.213(h)(2), 

Commerce intends to issue the final 

results of this administrative review, 

including the results of its analysis of 

issues raised in any written briefs, not 

later than 120 days after the date of 

publication of this notice.13

Assessment Rates 

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

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

Commerce shall determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries covered by this 

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 

administrative 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). 

Commerce will calculate importerspecific antidumping duty assessment 

rates when a respondent’s weightedaverage dumping margin is not zero or 

de minimis (i.e., less than 0.5 percent). 

Pursuant to 19 CFR 351.212(b)(1), where 

the respondent reported the entered 

value of its U.S. sales, we will calculate 

importer-specific ad valorem duty 

assessment rates based on the ratio of 

the total amount of dumping calculated 

for the examined sales to the total 

entered value of such sales. Where the 

respondent did not report entered value, 

we will calculate importer-specific 

assessment rates on the basis of the ratio 

of the total amount of dumping 

calculated for the importer’s examined 

sales to the total quantity of those sales, 

in accordance with 19 CFR 

351.212(b)(1).14 We will also calculate 

an estimated ad valorem importerspecific assessment rate with which to 

assess whether the per-unit assessment 

rate is de minimis. We will instruct CBP 

to assess antidumping duties on all 

appropriate entries covered by this 

review when the importer-specific ad 

valorem assessment rate calculated in 

the final results of this review is not 

zero or de minimis. Where either the 

respondent’s ad valorem weightedaverage dumping margin is zero or de 

minimis, or an importer-specific ad 

valorem assessment rate is zero or de 

minimis,15 we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties. 

Commerce’s ‘‘reseller policy’’ will 

apply to entries of subject merchandise 

during the POR produced by the POSCO 

single entity for which the POSCO 

single entity did not know that the 

merchandise it sold to the intermediary 

(e.g., a reseller, trading company, or 

exporter) was destined for the United 

States. In such instances, we will 

instruct CBP to liquidate unreviewed 

entries at the all-others rate if there is no 

rate for the intermediate company(ies) 

involved in the transaction.16

Cash Deposit Requirements 

The following deposit requirements 

will be effective upon publication of the 

notice of final results of administrative 

review for all shipments of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date, as provided 

by section 751(a)(2)(C) of the Act: (1) 

The cash deposit rate for the POSCO 

single entity will be equal to the 

weighted-average dumping margin 

established in the final results of this 

review, except if the rate is de minimis 

within the meaning of 19 CFR 

351.106(c)(1) (i.e., less than 0.50 

percent), in which case the cash deposit 

rate will be zero; (2) for merchandise 

exported by a company not covered in 

this review but covered in a prior 

completed segment of the proceeding, 

the cash deposit rate will continue to be 

the company-specific rate published for 

the most recently-completed segment; 

(3) if the exporter is not a firm covered 

in this review, a prior review, or the 

original investigation, but the producer 

is, the cash deposit rate will be the rate 

established for the most recentlycompleted segment for the producer of 

the merchandise; and (4) the cash 

deposit rate for all other producers and 

exporters will continue to be 7.10 

percent, the all-others rate established 

in the less-than-fair-value 

investigation.17

These cash deposit requirements, 

when imposed, shall remain in effect 

until further notice. 

Notification to Importers 

This notice also 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 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Notification to Interested Parties 

We are issuing and publishing these 

results in accordance with sections 

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

CFR 351.221(b)(4). 

Dated: July 30, 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. Affiliation and Collapsing 

V. Discussion of the Methodology 

VI. Recommendation 

[FR Doc. 2021–16836 Filed 8–5–21; 8:45 am] 

BILLING CODE 3510–DS–P 


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