82 FR 39410 - 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
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 159 (August 18, 2017)
International Trade Administration
Federal Register Volume 82, Issue 159 (August 18, 2017)
| Page Range | 39410-39412 | |
| FR Document | 2017-17494 |
[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)] [Notices] [Pages 39410-39412] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17494] ----------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \4\ For a complete description of the scope of the order, see Issues and Decision Memorandum. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.224(b). --------------------------------------------------------------------------- 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
![39410 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Notices
chemical name of ‘‘bis (2-ethylhexyl) Continuation of Suspension of consumption after August 1, 2017, the
terephthalate’’ and has a Chemical Liquidation date on which the provisional measures
Abstract Service (CAS) registry number In accordance with section expired, until and through August 14,
of 6422–86–2. Regardless of the label, 735(c)(1)(B) of the Act, we will instruct 2017, the day preceding the date of
all DOTP is covered by this order. CBP to continue to suspend liquidation publication of the ITC’s final injury
Subject merchandise is currently on all relevant entries of DOTP from determination in the Federal Register.9
classified under subheading Korea. These instructions suspending Estimated Weighted-Average
2917.39.2000 of the Harmonized Tariff liquidation will remain in effect until Antidumping Duty Margins
Schedule of the United States (HTSUS). further notice.
Subject merchandise may also enter The Department will also instruct The weighted-average antidumping
under subheadings 2917.39.7000 or CBP to require cash deposits equal to duty margin percentages are as follows:
3812.20.1000 of the HTSUS. While the the estimated weighted-average
Weighted-
CAS registry number and HTSUS dumping margins indicated below. average
classification are provided for Accordingly, effective on the date of Exporter/producer margins
convenience and customs purposes, the publication of the ITC’s final affirmative (percent)
written description of the scope of this injury determination in the Federal
order is dispositive. Register, CBP will require, at the same Aekyung Petrochemical Co., Ltd 4.08
time as importers would normally LG Chem, Ltd ............................. 2.71
Antidumping Duty Order All-Others .................................... 3.69
deposit estimated duties on this subject
As stated above, on August 9, 2017, in merchandise, a cash deposit rate equal
to the estimated weighted-average Notification to Interested Parties
accordance with sections 735(b)(1)(A)(i)
and 735(d) of the Act, the ITC has antidumping duty margins listed This notice constitutes the
notified the Department of its final below.5 The ‘‘all-others’’ rate applies to antidumping duty order with respect to
determination that the industry in the all producers or exporters not DOTP from Korea pursuant to section
United States producing is materially specifically listed. 736(a) of the Act. Interested parties can
injured by reason of the LTFV imports find a list of antidumping duty orders
Provisional Measures currently in effect at http://enforcement.
od DOTP from Korea.3 Therefore, in
accordance with section 735(c)(2) of the Section 733(d) of the Act states that trade.gov/stats/iastats1.html.
Act, we are issuing this antidumping instructions issued pursuant to an This order is published in accordance
duty order. Because the ITC determined affirmative preliminary determination with section 736(a) of the Act and 19
that imports of DOTP from Korea are may not remain in effect for more than CFR 351.211(b).
materially injuring a U.S. industry, four months, except where exporters Dated: August 15, 2017.
unliquidated entries of such representing a significant proportion of Gary Taverman,
merchandise from Korea, entered or exports of the subject merchandise
Deputy Assistant Secretary for Antidumping
withdrawn from warehouse for request the Department to extend that and Countervailing Duty Operations,
consumption, are subject to the four-month period to no more than six performing the non-exclusive functions and
assessment of antidumping duties. months. At the request of exporters that duties of the Assistant Secretary for
As a result of the ITC’s final account for a significant proportion of Enforcement and Compliance.
affirmative determination, in DOTP from Korea, the Department [FR Doc. 2017–17627 Filed 8–17–17; 8:45 am]
accordance with section 736(a)(1) of the extended the four-month period to six BILLING CODE 3510–DS–P
Act, the Department will direct U.S. months.6 The Department published the
Customs and Border Protection (CBP) to Preliminary Determination in this
assess, upon further instruction by the investigation on February 3, 2017.7 DEPARTMENT OF COMMERCE
Department, antidumping duties equal Therefore, the extended period,
beginning on the date of the publication International Trade Administration
to the amount by which the normal
value of the merchandise exceeds the of the Preliminary Determination, ended [C–580–837]
export price (or constructed export on August 1, 2017. Furthermore, section
price) of the merchandise, for all 737(b) of the Act states that definitive Certain Cut-to-Length Carbon-Quality
relevant entries of DOTP from Korea. duties are to begin on the date of Steel Plate From the Republic of
Antidumping duties will be assessed on publication of the ITC’s final injury Korea: Final Results of Countervailing
unliquidated entries of DOTP from determination. Duty Administrative Review and
Korea entered, or withdrawn from Therefore, in accordance with section Rescission of Countervailing Duty
warehouse, for consumption on or after 733(d) of the Act and our practice,8 the Administrative Review, in Part
February 3, 2017, the date of publication Department will instruct CBP to
terminate the suspension of liquidation AGENCY: Enforcement and Compliance,
of the Preliminary Determination,4 but International Trade Administration,
and to liquidate, without regard to
will not include entries occurring after Department of Commerce.
antidumping duties, unliquidated
the expiration of the provisional SUMMARY: The Department of Commerce
entries of DOTP from Korea entered, or
measures period and before publication (the Department) has completed the
withdrawn from warehouse, for
of the ITC’s final injury determination administrative review of the
in the Federal Register, should such 5 See countervailing duty (CVD) order on cut-
Section 736(a)(3) of the Act.
entries exist, as further described below. to-length carbon-quality steel plate (CTL
mstockstill on DSK30JT082PROD with NOTICES
6 See Preliminary Determination.
7 Id. Plate) from the Republic of Korea
3 Id. 8 See, e.g., Certain Corrosion-Resistant Steel (Korea) for the January 1, 2015, through
4 See Dioctyl Terephthalate from the Republic of Products From India, Italy, the People’s Republic of December 31, 2015, period of review
Korea: Affirmative Preliminary Determination of China, the Republic of Korea and Taiwan:
Sales at Less Than Fair Value, Negative Preliminary Amended Final Affirmative Antidumping
(POR). We have determined that
Determination of Critical Circumstances, and Determination for India and Taiwan, and
Postponement of Final Determination, 82 FR 9195 Antidumping Duty Orders, 81 FR 48390 (July 25, 9 See Dioctyl Terephthalate (DOTP) From Korea;
(February 3, 2017) (Preliminary Determination). 2016). Determination, 82 FR 38708 (August 15, 2017).
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![39412 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Notices
Disclosure conversion to judicial protective order is ACTION: Notice.
We intend to disclose to parties in hereby requested. Failure to comply
with the regulations and the terms of an SUMMARY: The Department of
this proceeding the calculations Commerce, as part of its continuing
performed for these final results within APO is a sanctionable violation.
effort to reduce paperwork and
five days of the date of the publication We are issuing and publishing these
respondent burden, invites the general
of this notice in the Federal Register.6 final results in accordance with sections
public and other Federal agencies to
751(a)(1) and 777(i)(1) of the Act, 19
Assessment Rates take this opportunity to comment on
CFR 351.213(d)(4) and 19 CFR
In accordance with 19 CFR proposed and/or continuing information
351.221(b)(5).
351.212(b)(2), the Department intends to collections, as required by the
Dated: August 11, 2017. Paperwork Reduction Act of 1995.
issue assessment instructions to CBP 15
Gary Taverman, DATES: Written comments must be
days after the date of publication of
these final results. Because we have Deputy Assistant Secretary for Antidumping submitted on or before October 17,
and Countervailing Duty Operations 2017.
calculated a de minimis countervailable performing the non-exclusive functions and
subsidy rate for DSM in the final results duties of the Assistant Secretary for ADDRESSES: Direct all written comments
of this review, we will instruct CBP to Enforcement and Compliance. to Jennifer Jessup, Departmental
liquidate the appropriate entries Paperwork Clearance Officer,
without regard to countervailing duties Appendix Department of Commerce, Room 6616,
in accordance with 19 CFR 351.212. For List of Topics Discussed in the Issues and 14th and Constitution Avenue NW.,
Hyundai Steel and the above listed Decision Memorandum Washington, DC 20230 (or via the
companies, we will instruct CBP to I. Summary Internet at pracomments@doc.gov).
assess countervailing duties on the II. List of Interested Party Comments FOR FURTHER INFORMATION CONTACT:
value of the POR entries at the rate III. Period of Review Requests for additional information or
shown above. IV. Scope of the Order copies of the information collection
V. Rescission of the 2015 Administrative instrument and instructions should be
Cash Deposit Instructions Review, in Part
VI. Non-Selected Rate
directed to Margo Schulze-Haugen,
In accordance with section
VII. Subsidy Methodologies (301) 427–8503 or margo.schulze-
751(a)(2)(C) of the Act, we intend to
VIII. Analysis of Programs haugen@noaa.gov.
instruct CBP to collect cash deposits of
estimated countervailing duties in the IX. Analysis of Comments SUPPLEMENTARY INFORMATION:
Comment 1: Whether the Department
amounts shown above, for the I. Abstract
Should Initiate an Investigation into the
companies listed above, with the GOK’s Provision of Electricity for Less This request is for an extension of a
exception of DSM, on shipments of than Adequate Remuneration (LTAR) currently approved information
subject merchandise entered, or Comment 2: Whether the Department Erred
withdrawn from warehouse, for collection. Under the provisions of the
in not Initiating an Investigation into the
consumption on or after the date of GOK’s Purchases of Electricity for More
Magnuson-Stevens Fishery
publication of the final results of this than Adequate Remuneration (MTAR) Conservation and Management Act (16
review. Because the countervailable Comment 3: Whether the Department’s U.S.C. 1801 et seq.), NOAA is
subsidy rate for DSM is de minimis, the Finding that the Demand Response responsible for management of the
Department will instruct CBP to collect Resources (DRR) Program Constitutes a Nation’s marine fisheries. In addition,
cash deposits at a rate of zero for DSM Countervailable Subsidy is in NOAA must comply with the United
Accordance with the Requirements of States’ (U.S.) obligations under the
for all shipments of the subject the Statute or the World Trade
merchandise that are entered, or Atlantic Tunas Convention Act of 1975
Organization (WTO) Agreement on (16 U.S.C. 971 et seq.). A Certificate of
withdrawn from warehouse, for Subsidies and Countervailing Measures
consumption on or after the date of Comment 4: Whether the Department Erred
Eligibility (COE) for Billfishes is
publication of the final results of this in Finding that Various Restriction of required under 50 CFR part 635 to
administrative review. For all non- Special Taxation Act (RSTA) Tax accompany all billfish, except for a
reviewed firms, we will instruct CBP to Programs are De Facto Specific billfish landed in a Pacific state and
collect cash deposits of estimated Comment 5: Whether the Department remaining in the state of landing. This
countervailing duties at the most recent Should Find that Samsung C&T documentation certifies that the
Engineering and Samsung C&T Trading accompanying billfish was not
company-specific or all-others rate
Had No Reviewable Entries During the harvested from the applicable Atlantic
applicable to the company. These cash POR
deposit requirements, when imposed, Ocean management unit (described on
X. Recommendation
shall remain in effect until further the NOAA sample certificate), and
[FR Doc. 2017–17494 Filed 8–17–17; 8:45 am] identifies the vessel landing the billfish,
notice.
BILLING CODE 3510–DS–P the vessel’s homeport, the port of
Return or Destruction of Proprietary offloading, and the date of offloading.
Information The certificate must accompany the
This notice also serves as a reminder DEPARTMENT OF COMMERCE billfish to any dealer or processor who
to parties subject to administrative subsequently receives or possesses the
National Oceanic and Atmospheric
protective order (APO) of their billfish. A standard certificate format is
Administration
responsibility concerning the not currently required to document the
mstockstill on DSK30JT082PROD with NOTICES
disposition of proprietary information Proposed Information Collection; necessary information, provided it
disclosed under APO in accordance Comment Request; Billfish Certificate contains all of the information required.
with 19 CFR 351.305(a)(3). Timely of Eligibility The extension of this collection is
written notification of the return/ necessary to implement the
destruction of APO materials or AGENCY:National Oceanic and Consolidated Highly Migratory Species
Atmospheric Administration (NOAA), Fishery Management Plan, which
6 See 19 CFR 351.224(b). Commerce. contains conservation and management
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Document Created: 2017-08-18 07:40:45
Document Modified: 2017-08-18 07:40:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | August 18, 2017. | |
| 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. | |
| FR Citation | 82 FR 39410 |
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