[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69360-69361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27266]
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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; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value. Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable December 18, 2019.
FOR FURTHER INFORMATION CONTACT: Allison Hollander or 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) 482-2805
or (202) 482-0198, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2019, 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\ The
period of review (POR) is February 1, 2018 through January 31, 2019.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 18777, 18782 (May 2, 2019) (Initiation
Notice).
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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.\2\
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\2\ 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; 2018-
2019,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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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 and to all parties in the Central Records Unit,
located at Room B8024 of the main Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be found at
http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of Preliminary Decision Memorandum are identical in content.
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 weighted-average
dumping margins for Dongkuk Steel Mill Co., Ltd. (Dongkuk) and Hyundai
Steel Company (Hyundai Steel) that are 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 and Sung Jin Steel Co., Ltd.,\3\ a margin
of 6.98 percent, which is the weighted average of Dongkuk's and Hyundai
Steel's calculated weighted-average dumping margins{time} .\4\
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\3\ See Initiation Notice, 84 FR at 18782.
\4\ For more information regarding the calculation of this
margin, see Memorandum, ``Certain Cut-to-Length Carbon-Quality Steel
Plate Products from the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2018-2019; Calculation of
the Margin for Non-Examined Companies,'' dated concurrently with
this memorandum.
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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,
2018 through January 31, 2019:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Dongkuk Steel Mill Co., Ltd................................. 10.92
Hyundai Steel Company....................................... 5.68
BDP International........................................... 6.98
Sung Jin Steel Co., Ltd..................................... 6.98
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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 five days after the date for filing
case briefs.\5\ 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.\6\
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\5\ See 19 CFR 351.309(d).
\6\ 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. An electronically filed document must be received successfully
in its entirety via ACCESS by 5:00 p.m. Eastern Time within 30 days
after the date of publication of this notice.\7\ Requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants; and (3) a list of
[[Page 69361]]
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. 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.
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\7\ See 19 CFR 351.310(c).
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Assessment Rates
If a respondent's weighted-average dumping margin is above de
minimis in the final results of this review, we will 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).\8\ If a 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 U.S. Customs and Border
Protection (CBP) to liquidate the appropriate entries without regard to
antidumping duties in accordance with the Final Modification for
Reviews.\9\ 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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\8\ 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).
\9\ See Final Modification for Reviews, 77 FR at 8103; see also
19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by
Dongkuk or Hyundai Steel, which Dongkuk or Hyundai (as applicable) did
not know 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 liquidation instructions to CBP 15 days after
publication of the final results of this review.
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,\10\ 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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\10\ 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.
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: December 12, 2019.
Jeffrey I. Kessler,
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. 2019-27266 Filed 12-17-19; 8:45 am]
BILLING CODE 3510-DS-P