[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68407-68409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27027]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-883]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of certain hot-rolled steel flat products (hot-rolled steel)
from the Republic of Korea (Korea) were made at less than normal value
during the period of review (POR) October 1, 2017 through September 30,
2018. We invite interested parties to comment on these preliminary
results.
DATES: Applicable December 16, 2019.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2018, Commerce initiated the administrative review
of the antidumping duty order on hot-rolled steel from Korea in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).\1\ This
[[Page 68408]]
review covers one mandatory respondent, Hyundai Steel Company
(Hyundai). The remaining companies, POSCO and POSCO Daewoo Corporation
(collectively, POSCO), were not selected for individual examination and
remain subject to this administrative review.\2\ Commerce exercised its
discretion to toll all deadlines affected by the partial federal
government closure from December 22, 2018 through the resumption of
operations on January 29, 2019, resulting in a revised deadline for
these preliminary results.\3\ Additionally, Commerce exercised its
discretion to extend the deadline for the preliminary results until
December 10, 2019.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 63615 (December 11, 2018).
\2\ Commerce previously determined that these companies are
affiliated and should be treated as a single entity. In the absence
of information indicating that we should reevaluate this finding, we
are treating POSCO and POSCO Daewoo Corporation as a single entity.
See Certain Hot-Rolled Steel Flat Products from the Republic of
Korea: Affirmative Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 81 FR 15228
(March 22, 2016), and accompanying Preliminary Decision Memorandum
(PDM) at 6-8, unchanged in Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Final Determination of Sales at Less
Than Fair Value, 81 FR 53419 (August 12, 2016); see also Certain
Hot-Rolled Steel Flat Products from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 56821 (November 14, 2018), and accompanying PDM at 8-9,
unchanged in Certain Hot-Rolled Steel Flat Products from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2016-2017, 84 FR 32720 (July 9, 2019), and accompanying IDM
at 1.
\3\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
\4\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review, 2017-2018,''
dated July 18, 2019; see also Memorandum, ``Certain Hot-Rolled Steel
Flat Products from the Republic of Korea: Second Extension of
Deadline for Preliminary Results of Antidumping Duty Administrative
Review, 2017-2018,'' dated October 16, 2019.
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Scope of the Order \5\
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\5\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
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The products covered by this Order are certain hot-rolled steel
products. For a full description of the scope, see the Preliminary
Decision Memorandum.\6\
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Certain Hot-
Rolled Steel Flat Products from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Preliminary Determination of No Shipments
On January 11, 2019, POSCO certified it had no reviewable entries,
exports, or sales of subject merchandise to the United States during
the POR.\7\ To confirm POSCO's no-shipment claims, Commerce issued a
no-shipment inquiry to U.S. Customs and Border Protection (CBP) and has
received no information that contradicts POSCO's no shipment claims.\8\
Therefore, we preliminarily determine that POSCO did not have any
shipments of subject merchandise during the POR. Consistent with
Commerce's practice, we will not rescind the review with respect to
these companies, but, rather, will complete the review and issue
instructions based on the final results.\9\
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\7\ See POSCO's Letter, ``Certain Hot-Rolled Steel Flat Products
from South Korea, Case No. A-580-883: No Shipment Letter,'' dated
January 11, 2019.
\8\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: POSCO's No Shipments Inquiry
Instructions,'' dated December 5, 2019.
\9\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of the topics included in the Preliminary Decision Memorandum is
included as an 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 https://access.trade.gov, and 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 is
available at http://enforcement.trade.gov/frn/. The signed and
electronic versions of the 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
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} .''
In this review, we have preliminarily calculated a weighted-average
dumping margin for Hyundai that is not zero, de minimis, or determined
entirely on the basis of facts available. Accordingly, we have
preliminarily assigned to the companies not individually examined in
this review a margin of 0.94 percent, which is the calculated weighted-
average dumping margin for Hyundai.\10\
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\10\ The non-examined companies subject to this review are:
POSCO and POSCO Daewoo Corporation.
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Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period October 1, 2017 through September
30, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Hyundai Steel Company....................................... 0.94
POSCO/POSCO Daewoo Corporation.............................. 0.94
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Commerce will establish a deadline for interested parties
to submit case briefs and rebuttal briefs at a later date.\11\ 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.\12\ Case and
[[Page 68409]]
rebuttal briefs should be filed using ACCESS \13\ and must be served on
interested parties.\14\ Executive summaries should be limited to five
pages total, including footnotes.
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\11\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See generally 19 CFR 351.303.
\14\ See 19 CFR 351.303(f).
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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
Commerce's electronic records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days of the date of publication of this
notice.\15\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. 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 the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a date and time to be determined.\16\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\17\
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\17\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. If Hyundai's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in the final results of this
review, we will calculate importer-specific ad valorem antidumping duty
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1). We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific assessment rate
calculated in the final results of this review is not zero or de
minimis. If Hyundai's weighted-average dumping margin is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. 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.\18\
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\18\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Hyundai
for which it did not know that the merchandise was destined to the
United States, we will instruct CBP to liquidate those entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\19\
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\19\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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 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 Hyundai and
POSCO in the final results of review will be equal to the weighted-
average dumping margin established in the final results of this
administrative review; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review or the original investigation but the
producer is, then the cash deposit rate will be the rate established
for the most recently completed segment of this proceeding for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 6.05 percent, the all-others
rate established in the less-than-fair-value investigation. 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 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
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 9, 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. Preliminary Determination of No Shipments
V. Affiliation
VI. Particular Market Situation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2019-27027 Filed 12-13-19; 8:45 am]
BILLING CODE 3510-DS-P