[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60377-60378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24391]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-882]
Certain Cold-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results of Countervailing Duty Administrative
Review; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that POSCO received countervailable subsidies that are above de minimis
and that Hyundai Steel Co., Ltd. (Hyundai Steel) received
countervailable subsidies that are de minimis. The period of review
(POR) is January 1, 2017 through December 31, 2017. We invite
interested parties to comment on these preliminary results.
DATES: Applicable November 8, 2019.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or Moses Song, 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) 482-3813 and (202) 482-7885,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 15, 2018, Commerce published a notice of initiation of
an administrative review of the countervailing duty order on certain
cold-rolled steel flat products (cold-rolled steel) from the Republic
of Korea.\1\ On July 8, 2019, Commerce extended the deadline for the
preliminary results of this review to no later than November 1,
2019.\2\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the appendix to this notice. 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 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 Preliminary Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411, 57418 (November 15, 2018).
\2\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2017,'' dated
July 8, 2019.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review; 2017:
Certain Cold-Rolled Steel Flat Products from the Republic of
Korea,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is cold-rolled steel. For a
complete description of the scope of the order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\4\ For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
The statute and Commerce's regulations do not directly address the
establishment of rates to be applied to companies not selected for
individual examination where Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation.
Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal to the weighted average of
the countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any zero, de minimis, or
rates based entirely on facts available. In this review, the only
preliminary subsidy rate above de minimis is the rate calculated for
POSCO. Therefore, for the companies for which a review was requested
that were not selected as mandatory respondents, for which we did not
receive a timely request for withdrawal of review, and for which we are
not finding to be cross-owned with the mandatory company respondents,
we are applying the subsidy rate calculated for POSCO.
Preliminary Results of Review
In accordance with 19 CFR 351.224(b)(4)(i), we calculated
individual subsidy rates for Hyundai Steel and POSCO. For the POR, we
preliminarily determine that the net subsidy rates for the producers/
exporters under review to be as follows:
------------------------------------------------------------------------
Subsidy
rate
Company (percent ad
valorem)
------------------------------------------------------------------------
POSCO \5\.................................................. 0.59
Hyundai Steel Co., Ltd..................................... 0.45
Dongbu Steel Co., Ltd...................................... 0.59
Dongbu Incheon Steel Co., Ltd.............................. 0.59
Dongkuk Steel Mill Co., Ltd................................ 0.59
Dongkuk Industries Co., Ltd................................ 0.59
Euro Line Global Co., Ltd.................................. 0.59
[[Page 60378]]
Hanawell Co., Ltd.......................................... 0.59
Hankum Co., Ltd............................................ 0.59
Hyuk San Profile Co., Ltd.................................. 0.59
Nauri Logistics Co., Ltd................................... 0.59
Taihan Electric Wire Co., Ltd.............................. 0.59
Union Steel Co., Ltd....................................... 0.59
------------------------------------------------------------------------
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. We intend to issue assessment
instructions to CBP 15 days after publication of the final results of
this review.
---------------------------------------------------------------------------
\5\ We note that cross-ownership exists between POSCO, POSCO
Chemtech (also known as POSCO Chemical Co., Ltd.), POSCO Nippon
Steel RHF Joint Venture Co., Ltd., POSCO Processing and Service,
Pohang Scrap Recycling Distribution Center Co., Ltd., and POSCO M-
Tech. We also note that POSCO has an affiliated trading company
through which it exported certain subject merchandise, POSCO Daewoo
Corporation (also known as POSCO International Corporation). See
Preliminary Decision Memorandum at 9.
---------------------------------------------------------------------------
Cash Deposit Rate
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to 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. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit instructions, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\6\ Case
briefs or other written comments may be submitted to the Assistant
Secretary for Enforcement and Compliance at a date to be determined.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\7\ Parties who submit case briefs or rebuttal briefs are
requested to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.\8\
---------------------------------------------------------------------------
\6\ See 19 CFR 224(b).
\7\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\9\
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, Commerce will inform parties of the
scheduled date of the hearing which will be held at the U.S. Department
of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a
time and date to be determined.\10\ Issues addressed during the hearing
will be limited to those raised in the briefs.\11\ Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.310(c).
\10\ See 19 CFR 351.310.
\11\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5 p.m. Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19
CFR 351.222(b)(4).
Dated: November 1, 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. Period of Review
IV. Scope of the Order
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2019-24391 Filed 11-7-19; 8:45 am]
BILLING CODE 3510-DS-P