[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Notices]
[Pages 39410-39412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17494]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-837]


Certain Cut-to-Length Carbon-Quality Steel Plate From the 
Republic of Korea: Final Results of Countervailing Duty Administrative 
Review and Rescission of Countervailing Duty Administrative Review, in 
Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has completed the 
administrative review of the countervailing duty (CVD) order on cut-to-
length carbon-quality steel plate (CTL Plate) from the Republic of 
Korea (Korea) for the January 1, 2015, through December 31, 2015, 
period of review (POR). We have determined that

[[Page 39411]]

Hyundai Steel Co. (Hyundai Steel) received countervailable subsidies 
that are above de minimis and that Dongkuk Steel Mill Co., Ltd. (DSM) 
did not. We are applying to the five firms not selected for individual 
examination in this administrative review the rate calculated for 
Hyundai Steel. We are also rescinding the review for eight companies.

DATES: August 18, 2017.

FOR FURTHER INFORMATION CONTACT: John Conniff at 202-482-1009 (for 
Hyundai Steel), or Jolanta Lawska at 202-482-8362 (for DSM), AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.

Background

    On February 10, 2000, the Department published the CVD Order on CTL 
Plate from Korea.\1\ The Department published the Preliminary Results 
of this administrative review in the Federal Register on March 15, 
2017.\2\ For a discussion of the events following the Preliminary 
Results, see the Issues and Decision Memorandum.\3\
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    \1\ See Notice of Amended Final Determination: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of 
Korea; and Notice of Countervailing Duty Orders: Certain Cut-to-
Length Carbon-Quality Steel Plate from France, India, Indonesia, 
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000) 
(Order).
    \2\ See Certain Cut-to-Length Carbon-Quality Steel Plate from 
the Republic of Korea: Preliminary Results of Countervailing Duty 
Administrative Review, and Preliminary Intent to Rescind in Part: 
Calendar Year 2015, 82 FR 13792 (March 15, 2017) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \3\ See Memorandum, ``Issues and Decision Memorandum for Final 
Results of 2015 Countervailing Duty Administrative Review of Cut-to-
Length Carbon-Quality Steel Plate from the Republic of Korea'' 
(Issues and Decision Memorandum), dated concurrently with this 
notice and incorporated herein by reference.
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Scope of the Order

    The products covered by the order are certain hot-rolled carbon-
quality steel: (1) Universal mill plates (i.e., flat-rolled products 
rolled on four faces or in a closed box pass, of a width exceeding 150 
mm but not exceeding 1250 mm, and of a nominal or actual thickness of 
not less than 4 mm, which are cut-to-length (not in coils) and without 
patterns in relief), of iron or non-alloy-quality steel; and (2) flat-
rolled products, hot-rolled, of a nominal or actual thickness of 4.75 
mm or more and of a width which exceeds 150 mm and measures at least 
twice the thickness, and which are cut-to-length (not in coils).
    The merchandise subject to the order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 
7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 
7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 
7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000, 
7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, 
7226.99.0000.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise covered by 
the order is dispositive.\4\
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    \4\ For a complete description of the scope of the order, see 
Issues and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in interested parties' case briefs are addressed 
in the Issues and Decision Memorandum. A list of the issues raised by 
interested parties and to which we responded in the Issues and Decision 
Memorandum is provided 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 and is available to all 
parties in the Central Records Unit, room B8024 of the main Commerce 
building. 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. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For the 
subsidy programs found countervailable during the POR, we determine 
that there is a subsidy, i.e., a government-provided financial 
contribution that confers a benefit to the recipient, and that the 
subsidy is specific.\5\ For a complete description of the methodology 
underlying the Department's conclusions, see the Issues and Decision 
Memorandum.
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    \5\ 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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Rescission of the 2015 Administrative Review, in Part

    As noted in the Preliminary Results, the Department received timely 
no shipment responses from GS Global Corp. (GS Global), Hyundai Glovis, 
Hyundai Mipo Dockyard Co., Ltd (Hyundai Mipo), Hyosung Corporation 
(Hyosung), Daewoo International Corp., Samsung C&T Corporation (Samsung 
C&T Corp.), SK Networks Co., Ltd. (SK Networks), and Samsung Heavy 
Industries. The Department inquired with U.S. Customs and Border 
Protection (CBP) whether GS Global, Hyundai Glovis, Hyundai Mipo, 
Hyosung, Daewoo International Corp., Samsung C&T Corp., SK Networks, 
and Samsung Heavy Industries had shipped merchandise to the United 
States during the POR, and CBP provided no evidence to contradict the 
no shipments claims made by these companies. Accordingly, the 
Department is rescinding the administrative review of with respect to 
these eight companies pursuant to 19 CFR 351.213(d)(3).

Rate for Non-Selected Companies Under Review

    There are five companies for which a review was requested and not 
rescinded, but were not selected as mandatory respondents: Bookuk 
Steel, BDP International, Samsung C&T Engineering and Construction 
Group (Samsung C&T Engineering), Sung Jin Steel Co., Ltd., and Samsung 
C&T Trading and Investment Group (Samsung C&T Trading). Consistent with 
the preliminary results, we are applying to the non-selected companies 
the rate calculated for Hyundai Steel, which is above de minimis.

Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we determine the following 
net countervailable subsidy rates for the period January 1, 2015, 
through December 31, 2015:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                          Ad Valorem (%)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd.............................          * 0.13
Hyundai Steel Co........................................            0.54
Bookuk Steel............................................            0.54
BDP International.......................................            0.54
Samsung C&T Engineering and Construction Group..........            0.54
Sung Jin Steel Co., Ltd.................................            0.54
Samsung C&T Trading and Investment Group................            0.54
------------------------------------------------------------------------
* de minimis.


[[Page 39412]]

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for these final results within five days of the 
date of the publication of this notice in the Federal Register.\6\
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    \6\ See 19 CFR 351.224(b).
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Assessment Rates

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue assessment instructions to CBP 15 days after the date of 
publication of these final results. Because we have calculated a de 
minimis countervailable subsidy rate for DSM in the final results of 
this review, we will instruct CBP to liquidate the appropriate entries 
without regard to countervailing duties in accordance with 19 CFR 
351.212. For Hyundai Steel and the above listed companies, we will 
instruct CBP to assess countervailing duties on the value of the POR 
entries at the rate shown above.

Cash Deposit Instructions

    In accordance with section 751(a)(2)(C) of the Act, we intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown above, for the companies listed above, with 
the exception of DSM, 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 review. Because the 
countervailable subsidy rate for DSM is de minimis, the Department will 
instruct CBP to collect cash deposits at a rate of zero for DSM for all 
shipments of the subject merchandise that are entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this administrative review. For all non-reviewed 
firms, we will instruct CBP to collect cash deposits of estimated 
countervailing duties at the most recent company-specific or all-others 
rate applicable to the company. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Return or Destruction of Proprietary Information

    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/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.
    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(d)(4) 
and 19 CFR 351.221(b)(5).

    Dated: August 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Interested Party Comments
III. Period of Review
IV. Scope of the Order
V. Rescission of the 2015 Administrative Review, in Part
VI. Non-Selected Rate
VII. Subsidy Methodologies
VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Whether the Department Should Initiate an 
Investigation into the GOK's Provision of Electricity for Less than 
Adequate Remuneration (LTAR)
    Comment 2: Whether the Department Erred in not Initiating an 
Investigation into the GOK's Purchases of Electricity for More than 
Adequate Remuneration (MTAR)
    Comment 3: Whether the Department's Finding that the Demand 
Response Resources (DRR) Program Constitutes a Countervailable 
Subsidy is in Accordance with the Requirements of the Statute or the 
World Trade Organization (WTO) Agreement on Subsidies and 
Countervailing Measures
    Comment 4: Whether the Department Erred in Finding that Various 
Restriction of Special Taxation Act (RSTA) Tax Programs are De Facto 
Specific
    Comment 5: Whether the Department Should Find that Samsung C&T 
Engineering and Samsung C&T Trading Had No Reviewable Entries During 
the POR
X. Recommendation

[FR Doc. 2017-17494 Filed 8-17-17; 8:45 am]
BILLING CODE 3510-DS-P