83 FR 10670 - Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 48 (March 12, 2018)
International Trade Administration
Federal Register Volume 83, Issue 48 (March 12, 2018)
| Page Range | 10670-10672 | |
| FR Document | 2018-04679 |
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)] [Notices] [Pages 10670-10672] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04679] ----------------------------------------------------------------------- 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; 2016-2017 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 March 12, 2018. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Thomas Schauer, 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) 482-5760 or (202) 482- 0410, respectively. SUPPLEMENTARY INFORMATION: Background 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 is February 1, 2016, through January 31, 2017. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 17188, 17194 (April 10, 2017). --------------------------------------------------------------------------- Scope of the Order The products covered by the antidumping duty order are certain CTL plate. Imports of CTL plate are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7208.40.3030, [[Page 10671]] 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, and 7226.99.0000. While the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.\2\ --------------------------------------------------------------------------- \2\ See the 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; 2016-2017,'' dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- 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 Commerce's 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. 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, 2016, through January 31, 2017. ------------------------------------------------------------------------ Weighted- average Producer/exporter dumping margin (percent) ------------------------------------------------------------------------ Dongkuk Steel Mill Co., Ltd................................ 0.90 Hyundai Steel Company...................................... 11.64 ------------------------------------------------------------------------ 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.\3\ 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.\4\ --------------------------------------------------------------------------- \3\ See 19 CFR 351.309(d). \4\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- 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 by Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.\5\ Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of 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. --------------------------------------------------------------------------- \5\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- 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).\6\ If a respondent's weighted-average dumping margin or an importer-specific assessment rate is zero or de minimis in the final results of 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.\7\ 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. --------------------------------------------------------------------------- \6\ 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). \7\ See Final Modification for Reviews, 77 FR at 8103. See also 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- For entries of subject merchandise during the period of review produced by Dongkuk Steel Mill Co., Ltd. or Hyundai Steel Company for which they did not know their merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. 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 investigation but the producer is, the cash deposit rate will be the rate established for the most recently completed segment for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 0.98 percent,\8\ the [[Page 10672]] all-others rate established in the less-than-fair-value investigation, adjusted for the export-subsidy rate in the companion countervailing duty investigation. --------------------------------------------------------------------------- \8\ See, e.g., Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2015-2016, 82 FR 42075, 42076 (September 6, 2017). --------------------------------------------------------------------------- These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 period of review. 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: March 5, 2018. 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 Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. Comparisons to Normal Value 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Product Comparisons C. Date of Sale D. Level of Trade/CEP Offset E. Affiliated Service Providers F. Export Price and Constructed Export Price 1. DSM 2. Hyundai Steel G. Normal Value 1. Overrun Sales 2. Selection of Comparison Market 3. Affiliated Parties 4. Affiliated Party Transactions and Arm's-Length Test 5. Cost of Production 6. Calculation of Normal Value Based on Comparison Market Prices V. Currency Conversion VI. Recommendation [FR Doc. 2018-04679 Filed 3-9-18; 8:45 am] BILLING CODE 3510-DS-P
![10670 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices
than 120 days after the publication date companies not participating in this iii. Cost of Production Analysis
of this notice, pursuant to section review, the cash deposit will continue 1. Calculation of Cost of Production
751(a)(3)(A) of the Act. to be the company-specific rate 2. Test of Comparison Market Sales Prices
3. Results of the COP Test
published for the most recently
Assessment Rates iv. Calculation of Normal Value Based on
completed segment; (3) if the exporter is Comparison Market Prices
Upon completion of the not a firm covered in this review, or the v. Calculation of Normal Value Based on
administrative review, Commerce shall original less-than-fair-value (LTFV) Constructed Value
determine, and CBP shall assess, investigation, but the manufacturer is, 8. Currency Conversion
antidumping duties on all appropriate the cash deposit rate will be the rate 9. Recommendation
entries covered by this review. established for the most recent segment [FR Doc. 2018–04894 Filed 3–9–18; 8:45 am]
Pursuant to 19 CFR 351.212(b)(1), for the manufacturer of the BILLING CODE 3510–DS–P
because Devi and the Liberty Group merchandise; and (4) the cash deposit
reported the entered value for of their rate for all other manufacturers or
all their U.S. sales, we will calculate exporters will continue to be 10.17 DEPARTMENT OF COMMERCE
importer-specific ad valorem duty percent, the all-others rate made
assessment rates based on the ratio of effective by the LTFV investigation.14 International Trade Administration
the total amount of antidumping duties These deposit requirements, when
calculated for the examined sales to the [A–580–836]
imposed, shall remain in effect until
total entered value of the sales for which further notice. Certain Cut-to-Length Carbon-Quality
entered value was reported. Where
Notification to Importers Steel Plate Products From the
either the respondent’s weighted-
Republic of Korea: Preliminary Results
average dumping margin is zero or de This notice also serves as a
of Antidumping Duty Administrative
minimis within the meaning of 19 CFR preliminary reminder to importers of
Review; 2016–2017
351.106(c), or an importer-specific rate their responsibility under 19 CFR
is zero or de minimis, we will instruct 351.402(f) to file a certificate regarding AGENCY: Enforcement and Compliance,
CBP to liquidate the appropriate entries the reimbursement of antidumping International Trade Administration,
without regard to antidumping duties. duties prior to liquidation of the Department of Commerce.
For the companies which were not relevant entries during this review SUMMARY: The Department of Commerce
selected for individual review, we will period. Failure to comply with this (Commerce) preliminarily determines
assign an assessment rate based on the requirement could result in the that producers and/or exporters subject
average 12 of the cash deposit rates Secretary’s presumption that to this administrative review made sales
calculated for the companies selected reimbursement of antidumping duties of subject merchandise at less than
for mandatory review (i.e., Devi and the occurred and the subsequent assessment normal value. Interested parties are
Liberty Group), excluding any which are of double antidumping duties. invited to comment on these
de minimis or determined entirely on We are issuing and publishing these preliminary results of review.
adverse facts available. The final results results in accordance with sections
DATES: Applicable March 12, 2018.
of this review shall be the basis for the 751(a)(1) and 777(i)(1) of the Act.
assessment of antidumping duties on FOR FURTHER INFORMATION CONTACT:
Dated: March 5, 2018.
entries of merchandise covered by the Yang Jin Chun or Thomas Schauer, AD/
Gary Taverman, CVD Operations, Office I, Enforcement
final results of this review and for future Deputy Assistant Secretary for Antidumping
deposits of estimated duties, where and Compliance, International Trade
and Countervailing Duty Operations, Administration, U.S. Department of
applicable.13 performing the non-exclusive functions and
We intend to issue liquidation duties of the Assistant Secretary for
Commerce, 1401 Constitution Avenue
instructions to CBP 15 days after Enforcement and Compliance. NW, Washington, DC 20230; telephone
publication of the final results of this (202) 482–5760 or (202) 482–0410,
Appendix respectively.
review.
List of Topics Discussed in the Preliminary SUPPLEMENTARY INFORMATION:
Cash Deposit Requirements Decision Memorandum
The following deposit requirements 1. Summary Background
will be effective for all shipments of the 2. Background Commerce initiated the
subject merchandise entered, or 3. Scope of the Order administrative review of the
withdrawn from warehouse, for 4. Affiliation and Collapsing antidumping duty order on certain cut-
consumption on or after the publication a. Legal Framework
b. Affiliation and Single Entity Analysis
to-length carbon-quality steel plate
date of the final results of this products (CTL plate) from the Republic
5. Determination Not To Select Falcon As a
administrative review, as provided by Voluntary Respondent of Korea (Korea).1 The period of review
section 751(a)(2)(C) of the Act: (1) The 6. Discussion of the Methodology is February 1, 2016, through January 31,
cash deposit rate for each specific 7. Normal Value Comparisons 2017.
company listed above will be that a. Determination of Comparison Method
established in the final results of this b. Results of Differential Pricing Analysis Scope of the Order
review, except if the rate is less than c. Product Comparisons The products covered by the
0.50 percent and, therefore, de minimis d. Export Price antidumping duty order are certain CTL
within the meaning of 19 CFR e. Normal Value
plate. Imports of CTL plate are currently
amozie on DSK30RV082PROD with NOTICES
i. Home Market Viability and Comparison
351.106(c)(1), in which case the cash Market classified in the Harmonized Tariff
deposit rate will be zero; (2) for ii. Level of Trade Schedule of the United States (HTSUS)
previously reviewed or investigated under subheadings 7208.40.3030,
14 See Notice of Amended Final Determination of
12 This rate will be calculated as discussed in the Sale at Less Than Fair Value and Antidumping 1 See Initiation of Antidumping and
‘‘Preliminary Results of the Review’’ section, above. Duty Order: Certain Frozen Warmwater Shrimp Countervailing Duty Administrative Reviews, 82 FR
13 See section 751(a)(2)(C) of the Act. from India, 70 FR 5147 (February 1, 2005). 17188, 17194 (April 10, 2017).
VerDate Sep<11>2014 18:12 Mar 09, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\12MRN1.SGM 12MRN1](https://thefederalregister.org/doc/83_FR_10718/page/1.svg)
![10672 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices
all-others rate established in the less- DEPARTMENT OF COMMERCE 2016, the ITC instituted its review of the
than-fair-value investigation, adjusted orders.3
for the export-subsidy rate in the International Trade Administration As a result of these sunset reviews,
companion countervailing duty Commerce found that revocation of the
investigation. [A–533–817, C–533–818, A–560–805, C–560– AD orders on CTL plate from India,
These cash deposit requirements, 806, A–580–836, C–580–837] Indonesia, and Korea would likely lead
when imposed, shall remain in effect to continuation or recurrence of
until further notice. Certain Cut-To-Length Carbon-Quality dumping.4 Commerce also found that
Steel Plate From India, Indonesia, and revocation of the CVD orders on CTL
Notification to Importers the Republic of Korea; Continuation of plate from India, Indonesia, and Korea
This notice serves as a preliminary Antidumping and Countervailing Duty would likely lead to continuation or
reminder to importers of their Orders recurrence of countervailable
responsibility under 19 CFR subsidies.5 Commerce, therefore,
351.402(f)(2) to file a certificate AGENCY: Enforcement and Compliance, notified the ITC of the magnitude of the
regarding the reimbursement of International Trade Administration, dumping margins and countervailable
antidumping duties prior to liquidation Department of Commerce. subsidy rates likely to prevail should
of the relevant entries during this period SUMMARY: As a result of determinations the AD and CVD orders, respectively, be
of review. Failure to comply with this by the Department of Commerce revoked.
requirement could result in Commerce’s (Commerce) and the International Trade On March 2, 2018, pursuant to
presumption that reimbursement of Commission (ITC) that revocation of the sections 751(c) and 752(a) of the Act,
antidumping duties occurred and the antidumping duty (AD) and the ITC published its determination that
subsequent assessment of double countervailing duty (CVD) orders on revocation of the AD and CVD orders on
antidumping duties. certain cut-to-length carbon-quality steel CTL plate from India, Indonesia, and
plate (CTL plate) from India, Indonesia, Korea would likely lead to continuation
Notification to Interested Parties and the Republic of Korea (Korea) or recurrence of material injury to an
Commerce is issuing and publishing would likely lead to continuation or industry in the United States within a
these results in accordance with recurrence of dumping and reasonably foreseeable time.6
sections 751(a)(1) and 777(i) of the Act countervailable subsidies and material
and 19 CFR 351.221(b)(4). Scope of the Orders
injury to an industry in the United
Dated: March 5, 2018. States, Commerce is publishing notice The merchandise covered by the
of the continuation of the AD and CVD orders are certain hot-rolled carbon-
Gary Taverman,
orders. quality steel: (1) Universal mill plates
Deputy Assistant Secretary for Antidumping
DATES: Applicable March 12, 2018.
(i.e., flat-rolled products rolled on four
and Countervailing Duty Operations,
performing the non-exclusive functions and
faces or in a closed box pass, of a width
FOR FURTHER INFORMATION CONTACT: exceeding 150 mm but not exceeding
duties of the Assistant Secretary for Terre Keaton Stefanova, AD/CVD
Enforcement and Compliance. 1250 mm, and of a nominal or actual
Operations, Office II, or John Conniff, thickness of not less than 4 mm, which
Appendix—List of Topics Discussed in AD/CVD Operations, Office III, are cut-to length (not in coils) and
the Preliminary Decision Memorandum Enforcement and Compliance, without patterns in relief), of iron or
I. Summary
International Trade Administration, non-alloy quality steel; and (2) flat-
II. Background U.S. Department of Commerce, 1401 rolled products, hot-rolled, of a nominal
III. Scope of the Order Constitution Avenue NW, Washington, or actual thickness of 4.75 mm or more
IV. Discussion of the Methodology DC 20230; telephone: (202) 482–1280 and of a width which exceeds 150 mm
A. Comparisons to Normal Value and (202) 482–1009, respectively. and measures at least twice the
1. Determination of Comparison Method
SUPPLEMENTARY INFORMATION: thickness, and which are cut-to-length
2. Results of the Differential Pricing
Analysis (not in coils). Steel products included in
Background
B. Product Comparisons the scope of the order are of rectangular,
C. Date of Sale On December 1, 2016, Commerce square, circular, or other shape and of
D. Level of Trade/CEP Offset published the notice of initiation of the rectangular or non-rectangular cross
E. Affiliated Service Providers sunset reviews of the AD and CVD section where such non-rectangular
F. Export Price and Constructed Export orders 1 on CTL plate from India, cross-section is achieved subsequent to
Price Indonesia, and Korea, pursuant to the rolling process (i.e., products which
1. DSM
section 751(c) of the Tariff Act of 1930, have been ‘‘worked after rolling’’)—for
2. Hyundai Steel
G. Normal Value as amended (the Act).2 On December 1, example, products which have been
1. Overrun Sales
3 See Cut-to-Length Carbon-Quality Steel Plate
2. Selection of Comparison Market 1 See Notice of Amendment of Final
3. Affiliated Parties Determinations of Sales at Less Than Fair Value from India, Indonesia, and Korea; Institution of a
4. Affiliated Party Transactions and Arm’s- and Antidumping Duty Orders: Certain Cut-To- Five-Year Reviews, 81 FR 86725 (December 1,
Length Carbon-Quality Steel Plate Products from 2016).
Length Test 4 See Certain Cut-To-Length Carbon-Quality Steel
5. Cost of Production France, India, Indonesia, Italy, Japan, and the
Republic of Korea, 65 FR 6585 (February 10, 2000); Plate from India, Indonesia, and the Republic of
6. Calculation of Normal Value Based on Korea: Final Results of the Expedited Sunset
see also Notice of Amended Final Determinations:
Comparison Market Prices Certain Cut-to-Length Carbon-Quality Steel Plate Reviews of the Antidumping Duty Orders, 82 FR
V. Currency Conversion From India and the Republic of Korea; and Notice 18895 (April 24, 2017).
amozie on DSK30RV082PROD with NOTICES
VI. Recommendation of Countervailing Duty Orders: Certain Cut-To- 5 See Certain Cut-to-Length Carbon-Quality Steel
[FR Doc. 2018–04679 Filed 3–9–18; 8:45 am] Length Carbon-Quality Steel Plate From France, Plate from India, Indonesia, and the Republic of
India, Indonesia, Italy, and the Republic of Korea, Korea: Final Results of Expedited Third Sunset
BILLING CODE 3510–DS–P 65 FR 6587 (February 10, 2000) (collectively, Reviews of Countervailing Duty Orders, 82 FR
orders). 16790 (April 6, 2017).
Final Results of Antidumping Duty Administrative 2 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 6 See Cut-to-Length Carbon-Quality Steel Plate
Review; 2015–2016, 82 FR 42075, 42076 (September 81 FR 86697 (December 1, 2016) (Notice of from India, Indonesia, and Korea; Determinations,
6, 2017). Initiation). 83 FR 9027 (March 2, 2018).
VerDate Sep<11>2014 18:12 Mar 09, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\12MRN1.SGM 12MRN1](https://thefederalregister.org/doc/83_FR_10718/page/3.svg)
Document Created: 2018-11-01 08:51:05
Document Modified: 2018-11-01 08:51:05
| 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 | Applicable March 12, 2018. | |
| Contact | Yang Jin Chun or Thomas Schauer, 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) 482-5760 or (202) 482- 0410, respectively. | |
| FR Citation | 83 FR 10670 |
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