83 FR 39666 - Corrosion-Resistant Steel 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 155 (August 10, 2018)
International Trade Administration
Federal Register Volume 83, Issue 155 (August 10, 2018)
| Page Range | 39666-39667 | |
| FR Document | 2018-17155 |
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)] [Notices] [Pages 39666-39667] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17155] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-878] Corrosion-Resistant Steel 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) preliminary determines that Dongkuk Steel Mill Co., Ltd. (Dongkuk) and Hyundai Steel Company (Hyundai), producers/exporters of merchandise subject to this administrative review, made sales of subject merchandise at less than normal value. The period of review (POR) is January 4, 2016, through June 30, 2017. DATES: Applicable August 10, 2018. FOR FURTHER INFORMATION CONTACT: Lingjun Wang (Dongkuk) or Elfi Blum- Page (Hyundai), AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-2316 or (202) 482 -0197. Scope of the Order The merchandise covered by the order is certain corrosion-resistant steel products. 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) 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. NV 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. 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 to all parties in the Central Records Unit, Room B8024 of the main Department of 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. A list of the topics discussed in the Preliminary Decision Memorandum is attached as the Appendix to this notice. Preliminary Results of the Review As a result of this review, we preliminarily determine the following weighted-average dumping margins for the period January 4, 2016, through June 30, 2017: --------------------------------------------------------------------------- \1\ Commerce found Dongkuk to be the successor-in-interest to Union Steel Manufacturing Co., Ltd. in the underlying investigation. See Certain Corrosion-Resistant Steel Products from the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 78 (January 4, 2016), and accompanying Decision Memorandum at 7, unchanged in Certain Corrosion-Resistant Steel Products from the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 81 FR 35303 (June 2, 2016), and accompanying Issues and Decision Memorandum at 6. ------------------------------------------------------------------------ Weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ Dongkuk Steel Mill Co., Ltd./Union Steel Manufacturing Co., 4.14 Ltd \1\.................................................... Hyundai Steel Company....................................... 10.32 ------------------------------------------------------------------------ Review-Specific Average Rate Applicable to the Following Companies: \2\ --------------------------------------------------------------------------- \2\ This rate is based on the weighted-average margin using the publicly-ranged sales value of mandatory respondents, and is the best proxy of the actual weighted-average margin determined for the mandatory respondents. Due to requests to protect business proprietary information, we cannot apply our normal methodology of calculating a weighted-average margin. See Ball Bearings and Parts Thereof from France, et al.: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010); see also Memorandum re: Calculation of the Review-Specific Average Rate for the Preliminary Results, dated concurrently with this notice. ------------------------------------------------------------------------ Weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ Dongbu Steel Co., Ltd....................................... 5.55 POSCO....................................................... 5.55 ------------------------------------------------------------------------ Assessment Rates Upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), where the mandatory respondents reported the entered value for their U.S. sales, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where the mandatory respondents did not report entered value, we calculated the entered value in order to calculate the assessment rate. Where either the respondent's weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the companies which were not selected for individual review, we will assign an assessment rate based on the average \3\ of the cash deposit rates calculated for the two mandatory respondents. 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.\4\ --------------------------------------------------------------------------- \3\ This rate was calculated as discussed in footnote 2, above. \4\ See section 751(a)(2)(C) of the Act. --------------------------------------------------------------------------- We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following 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 each specific company listed above will be that established in the final results of this [[Page 39667]] review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, or the underlying investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 8.32 percent, the all-others rate established in the underlying investigation.\5\ These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \5\ See Certain Corrosion-Resistant Steel Products from India, Italy, the People's Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016), as amended by Certain Corrosion-Resistant Steel Products from the Republic of Korea: Notice of Court Decision Not in Harmony with Final Determination of Investigation and Notice of Amended Final Results, issued July 23, 2018. --------------------------------------------------------------------------- Disclosure and Public Comment Commerce intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.\6\ Interested parties may submit case briefs not later than 30 days after the date of publication of this notice.\7\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.\8\ 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.\9\ Case and rebuttal briefs should be filed using ACCESS.\10\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.224(b). \7\ See 19 CFR 351.309(c)(1)(ii). \8\ See 19 CFR 351.309(d)(1). \9\ See 19 CFR 351.309(c)(2) and (d)(2). \10\ See 19 CFR 351.303. --------------------------------------------------------------------------- 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 request for a hearing must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.\11\ Hearing 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 issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\12\ --------------------------------------------------------------------------- \11\ See 19 CFR 351.310(c); 19 CFR 351.303(b)(1). \12\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the publication of these preliminary results in the Federal Register, unless otherwise extended.\13\ --------------------------------------------------------------------------- \13\ See Section 751(a)(3)(A) of the Act. --------------------------------------------------------------------------- Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. 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. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 3, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Review IV. Scope of the Order V. Particular Market Situation VI. Use of Facts Available and Adverse Facts Available A. Legal Authority B. Application of Facts Available to Hyundai C. Application of Facts Available with an Adverse Inference D. Selection and Corroboration of Adverse Facts Available Rate VII. Review-Specific Average Rate for Non-Examined Companies VIII. Discussion of the Methodology A. Normal Value Comparisons 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Date of Sale C. Product Comparisons D. Export Price and Constructed Export Price E. Normal Value 1. Home Market Viability 2. Affiliated Party Transactions and Arm's-Length Test 3. Level of Trade 4. Overrun Sales 5. Cost of Production Analysis 6. Calculation of Normal Value Based on Home Market Prices 7. Calculation of Normal Value Based on Constructed Value IX. Currency Conversion X. Recommendation [FR Doc. 2018-17155 Filed 8-9-18; 8:45 am] BILLING CODE 3510-DS-P
![39666 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices
J. Presentation on Remembering conclusions, see the Preliminary Weighted-
Filipina/o American History & Its Decision Memorandum. The average
Intersection with Civil Rights Preliminary Decision Memorandum is a Exporter/producer dumping
• Dawn Bohulano Mabalon, Ph.D., public document and is on file margin
(percent)
Associate Professor of History, San electronically via Enforcement and
Francisco State University Compliance’s Antidumping and Dongbu Steel Co., Ltd ................ 5.55
III. Adjourn Meeting Countervailing Duty Centralized POSCO ....................................... 5.55
Dated: August 7, 2018. Electronic Service System (ACCESS).
Brian Walch, ACCESS is available to registered users Assessment Rates
Director, Communications and Public
at http://access.trade.gov, and to all Upon completion of the
Engagement. parties in the Central Records Unit, administrative review, Commerce shall
[FR Doc. 2018–17238 Filed 8–8–18; 11:15 am]
Room B8024 of the main Department of determine, and U.S. Customs and
Commerce building. In addition, a Border Protection (CBP) shall assess,
BILLING CODE 6335–01–P
complete version of the Preliminary antidumping duties on all appropriate
Decision Memorandum can be accessed entries.
directly at http://enforcement.trade.gov/ Pursuant to 19 CFR 351.212(b)(1),
DEPARTMENT OF COMMERCE frn/. The signed and electronic versions where the mandatory respondents
International Trade Administration of the Preliminary Decision reported the entered value for their U.S.
Memorandum are identical in content. sales, we calculated importer-specific
[A–580–878] A list of the topics discussed in the ad valorem duty assessment rates based
Preliminary Decision Memorandum is on the ratio of the total amount of
Corrosion-Resistant Steel Products attached as the Appendix to this notice. dumping calculated for the examined
From the Republic of Korea:
Preliminary Results of the Review sales to the total entered value of the
Preliminary Results of Antidumping
sales for which entered value was
Duty Administrative Review; 2016– As a result of this review, we reported. Where the mandatory
2017 preliminarily determine the following respondents did not report entered
AGENCY: Enforcement and Compliance, weighted-average dumping margins for value, we calculated the entered value
International Trade Administration, the period January 4, 2016, through June in order to calculate the assessment rate.
Department of Commerce. 30, 2017: Where either the respondent’s weighted-
SUMMARY: The Department of Commerce average dumping margin is zero or de
Weighted-
(Commerce) preliminary determines average minimis within the meaning of 19 CFR
that Dongkuk Steel Mill Co., Ltd. Exporter/producer dumping 351.106(c)(1), or an importer-specific
(Dongkuk) and Hyundai Steel Company margin rate is zero or de minimis, we will
(percent) instruct CBP to liquidate the appropriate
(Hyundai), producers/exporters of
merchandise subject to this entries without regard to antidumping
Dongkuk Steel Mill Co., Ltd./
administrative review, made sales of Union Steel Manufacturing
duties.
subject merchandise at less than normal Co., Ltd 1 ................................. 4.14
For the companies which were not
value. The period of review (POR) is Hyundai Steel Company ............. 10.32 selected for individual review, we will
January 4, 2016, through June 30, 2017. assign an assessment rate based on the
Review-Specific Average Rate average 3 of the cash deposit rates
DATES: Applicable August 10, 2018.
Applicable to the Following calculated for the two mandatory
FOR FURTHER INFORMATION CONTACT: respondents. The final results of this
Companies: 2
Lingjun Wang (Dongkuk) or Elfi Blum- review shall be the basis for the
Page (Hyundai), AD/CVD Operations, 1 Commerce found Dongkuk to be the successor- assessment of antidumping duties on
Office VI, Enforcement and Compliance, in-interest to Union Steel Manufacturing Co., Ltd. entries of merchandise covered by the
International Trade Administration, in the underlying investigation. See Certain final results of this review and for future
U.S. Department of Commerce, 1401 Corrosion-Resistant Steel Products from the deposits of estimated duties, where
Constitution Avenue NW, Washington, Republic of Korea: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and applicable.4
DC 20230; telephone: 202–482–2316 or Postponement of Final Determination, 81 FR 78 We intend to issue liquidation
(202) 482 -0197. (January 4, 2016), and accompanying Decision instructions to CBP 15 days after
Memorandum at 7, unchanged in Certain Corrosion- publication of the final results of this
Scope of the Order Resistant Steel Products from the Republic of Korea:
Final Determination of Sales at Less Than Fair
review.
The merchandise covered by the order
Value and Final Affirmative Determination of Cash Deposit Requirements
is certain corrosion-resistant steel Critical Circumstances, 81 FR 35303 (June 2, 2016),
products. For a complete description of and accompanying Issues and Decision The following deposit requirements
the scope of the order, see the Memorandum at 6. will be effective for all shipments of the
2 This rate is based on the weighted-average
Preliminary Decision Memorandum. subject merchandise entered, or
margin using the publicly-ranged sales value of
Methodology mandatory respondents, and is the best proxy of the withdrawn from warehouse, for
actual weighted-average margin determined for the consumption on or after the publication
Commerce is conducting this review mandatory respondents. Due to requests to protect date of the final results of this
in accordance with section 751(a) of the business proprietary information, we cannot apply administrative review, as provided by
Tariff Act of 1930, as amended (the Act). our normal methodology of calculating a weighted-
section 751(a)(2)(C) of the Act: (1) The
daltland on DSKBBV9HB2PROD with NOTICES
average margin. See Ball Bearings and Parts Thereof
Export price and constructed export from France, et al.: Final Results of Antidumping cash deposit rate for each specific
price are calculated in accordance with Duty Administrative Reviews, Final Results of company listed above will be that
section 772 of the Act. NV is calculated Changed-Circumstances Review, and Revocation of established in the final results of this
in accordance with section 773 of the an Order in Part, 75 FR 53661, 53663 (September
1, 2010); see also Memorandum re: Calculation of
Act. the Review-Specific Average Rate for the 3 This rate was calculated as discussed in footnote
For a full description of the Preliminary Results, dated concurrently with this 2, above.
methodology underlying our notice. 4 See section 751(a)(2)(C) of the Act.
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![Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Notices 39667
review, except if the rate is less than by 5 p.m. Eastern Time within 30 days Examined Companies
0.50 percent and, therefore, de minimis after the date of publication of this VIII. Discussion of the Methodology
within the meaning of 19 CFR notice.11 Hearing requests should A. Normal Value Comparisons
1. Determination of Comparison Method
351.106(c)(1), in which case the cash contain: (1) The party’s name, address, 2. Results of the Differential Pricing
deposit rate will be zero; (2) for and telephone number; (2) the number Analysis
previously investigated companies not of participants; and (3) a list of issues to B. Date of Sale
participating in this review, the cash be discussed. Issues raised in the C. Product Comparisons
deposit will continue to be the hearing will be limited to issues raised D. Export Price and Constructed Export
company-specific rate published for the in the briefs. If a request for a hearing Price
most recently completed segment of this is made, parties will be notified of the E. Normal Value
proceeding in which the company time and date for the hearing to be held 1. Home Market Viability
2. Affiliated Party Transactions and Arm’s-
participated; (3) if the exporter is not a at the U.S. Department of Commerce, Length Test
firm covered in this review, or the 1401 Constitution Avenue NW, 3. Level of Trade
underlying investigation, but the Washington, DC 20230.12 4. Overrun Sales
manufacturer is, the cash deposit rate Commerce intends to issue the final 5. Cost of Production Analysis
will be the rate established for the most results of this administrative review, 6. Calculation of Normal Value Based on
recent segment for the manufacturer of including the results of its analysis of Home Market Prices
the merchandise; and (4) the cash issues raised in any written briefs, not 7. Calculation of Normal Value Based on
deposit rate for all other manufacturers later than 120 days after the publication Constructed Value
IX. Currency Conversion
or exporters will continue to be 8.32 of these preliminary results in the X. Recommendation
percent, the all-others rate established Federal Register, unless otherwise
[FR Doc. 2018–17155 Filed 8–9–18; 8:45 am]
in the underlying investigation.5 These extended.13
BILLING CODE 3510–DS–P
deposit requirements, when imposed,
Notification to Importers
shall remain in effect until further
notice. This notice also serves as a
preliminary reminder to importers of DEPARTMENT OF COMMERCE
Disclosure and Public Comment their responsibility under 19 CFR
International Trade Administration
Commerce intends to disclose the 351.402(f) to file a certificate regarding
calculations performed in connection the reimbursement of antidumping [A–533–824]
with these preliminary results to duties prior to liquidation of the
interested parties within five days after relevant entries during this review Polyethylene Terephthalate Film,
the date of publication of this notice.6 period. Failure to comply with this Sheet, and Strip From India:
Interested parties may submit case briefs requirement could result in Commerce’s Preliminary Results and Partial
not later than 30 days after the date of presumption that reimbursement of Rescission of Antidumping Duty
publication of this notice.7 Rebuttal antidumping duties occurred and the Administrative Review; 2016–2017
briefs, limited to issues raised in the subsequent assessment of double AGENCY: Enforcement and Compliance,
case briefs, may be filed no later than antidumping duties. International Trade Administration,
five days after the time limit for filing We are issuing and publishing these U.S. Department of Commerce.
case briefs.8 Parties who submit case results in accordance with sections SUMMARY: The Department of Commerce
briefs or rebuttal briefs in this 751(a)(1) and 777(i)(1) of the Act. (Commerce) is conducting an
proceeding are encouraged to submit Dated: August 3, 2018. administrative review of the
with each argument: (1) A statement of James Maeder, antidumping duty order on
the issue; (2) a brief summary of the Associate Deputy Assistant Secretary for polyethylene terephthalate film, sheet,
argument; and (3) a table of authorities.9 Antidumping and Countervailing Duty and strip (PET film) from India. The
Case and rebuttal briefs should be filed Operations performing the duties of Deputy period of review (POR) is July 1, 2016,
using ACCESS.10 Assistant Secretary for Antidumping and through June 30, 2017. This review
Pursuant to 19 CFR 351.310(c), Countervailing Duty Operations. covers mandatory respondents Jindal
interested parties who wish to request a Poly Films Ltd. (India) and SRF Limited
hearing must submit a written request to Appendix
of India, producers and exporters of PET
the Assistant Secretary for Enforcement List of Topics Discussed in the Preliminary film from India. Commerce
and Compliance, filed electronically via Decision Memorandum preliminarily determines that sales of
ACCESS. An electronically-filed request I. Summary subject merchandise have been made
for a hearing must be received II. Background below normal value by Jindal Poly
successfully in its entirety by ACCESS III. Period of Review Films Ltd. (India), and that sales of
IV. Scope of the Order
subject merchandise have not been
5 See Certain Corrosion-Resistant Steel Products V. Particular Market Situation
VI. Use of Facts Available and Adverse Facts made below normal value by SRF
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final Available Limited of India during the POR.
Affirmative Antidumping Determination for India A. Legal Authority Interested parties are invited to
and Taiwan, and Antidumping Duty Orders, 81 FR B. Application of Facts Available to comment on these preliminary results.
48390 (July 25, 2016), as amended by Certain Hyundai DATES: Applicable August 10, 2018.
Corrosion-Resistant Steel Products from the
C. Application of Facts Available with an FOR FURTHER INFORMATION CONTACT:
Republic of Korea: Notice of Court Decision Not in
daltland on DSKBBV9HB2PROD with NOTICES
Adverse Inference
Harmony with Final Determination of Investigation Jacqueline Arrowsmith, AD/CVD
and Notice of Amended Final Results, issued July D. Selection and Corroboration of Adverse
Facts Available Rate Operations, Office VII, Enforcement and
23, 2018.
6 See 19 CFR 351.224(b). VII. Review-Specific Average Rate for Non- Compliance, International Trade
7 See 19 CFR 351.309(c)(1)(ii). Administration, U.S. Department of
8 See 19 CFR 351.309(d)(1). 11 See 19 CFR 351.310(c); 19 CFR 351.303(b)(1). Commerce, 1401 Constitution Avenue
9 See 19 CFR 351.309(c)(2) and (d)(2). 12 See 19 CFR 351.310(c). NW, Washington, DC 20230; telephone:
10 See 19 CFR 351.303. 13 See Section 751(a)(3)(A) of the Act. (202) 482–5255.
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Document Created: 2018-08-10 01:56:08
Document Modified: 2018-08-10 01:56:08
| 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 August 10, 2018. | |
| Contact | Lingjun Wang (Dongkuk) or Elfi Blum- Page (Hyundai), AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-2316 or (202) 482 -0197. | |
| FR Citation | 83 FR 39666 |
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