83_FR_57041 83 FR 56821 - Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

83 FR 56821 - Certain Hot-Rolled Steel Flat 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 220 (November 14, 2018)

Page Range56821-56823
FR Document2018-24796

The Department of Commerce (Commerce) preliminarily determines that Hyundai Steel Company (Hyundai) and POSCO/POSCO Daewoo Co., Ltd. (collectively POSCO/PDW), the two companies selected for individual examination, sold subject merchandise in the United States at prices below normal value during the POR. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56821-56823]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24796]


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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; 
2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Hyundai Steel Company (Hyundai) and POSCO/POSCO Daewoo Co., Ltd. 
(collectively POSCO/PDW), the two companies selected for individual 
examination, sold subject merchandise in the United States at prices 
below normal value during the POR. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable November 14, 2018.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Justin Neuman, 
AD/CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) (202) 482-7425 or 
(202) 482-0486, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2017, Commerce initiated the antidumping duty 
administrative review on certain hot-rolled steel flat products (hot-
rolled steel) from the Republic of Korea (Korea).\1\ Commerce selected 
two respondents for individual examination, POSCO/PDW and Hyundai Steel 
Company. For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum, 
dated concurrently with these preliminary results and hereby adopted by 
this notice.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 21513 (May 9, 2017).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Certain Cold 
Rolled Steel Flat Products from the Republic of Korea; 2016-2017,'' 
dated October 3, 2018 (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 to ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached at the Appendix to this notice. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

[[Page 56822]]

Scope of the Order

    The product covered by this review is hot-rolled steel from Korea. 
For a full description of the scope see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this administrative 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. 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.

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 weighted-average 
dumping margins for Hyundai and POSCO/PDW that are 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 \3\ a margin of 5.95 percent, 
which is the weighted average of Hyundai and POSCO/PDW calculated 
weighted-average dumping margins.\4\
---------------------------------------------------------------------------

    \3\ The non-examined companies subject to this review are: 
Daewoo International Corp., Dongbu Steel Co., Ltd., Dongkuk 
Industries Co., Ltd., Marubeni-Itochu Steel Korea, Soon Hong Trading 
Co., and Sungjin Co.
    \4\ For more information regarding the calculation of this 
margin, see Memorandum, ``Calculation of the Margin for Non-Examined 
Companies,'' dated November 2, 2018. As the weighting factor, we 
relied on the publicly ranged sales data reported in Hyundai's and 
POSCO/PDW's quantity and value charts.
---------------------------------------------------------------------------

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period March 22, 2016, through September 
30, 2017.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
POSCO/POSCO Daewoo Co., Ltd.................................        7.67
Hyundai Steel Company.......................................        3.95
Non-Examined Companies......................................        5.95
------------------------------------------------------------------------

Disclosure, Public Comment, and Opportunity To Request a Hearing

    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). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, the content of which is limited to 
issues raised in the case briefs, may be filed no later than five days 
after the date for filing case briefs.\5\ 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.\6\ Case and rebuttal 
briefs should be filed using ACCESS \7\ and must be served on 
interested parties.\8\ Executive summaries should be limited to five 
pages total, including footnotes.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
    \7\ See generally 19 CFR 351.303.
    \8\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------

    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.\9\ 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.\10\ Parties 
should confirm the date, time, and location of the hearing two days 
before the scheduled date.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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.\11\
---------------------------------------------------------------------------

    \11\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. We intend to issue 
liquidation instructions to CBP 15 days after publication of the final 
results of this review.
    For any individually examined respondent whose weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.5 percent) 
in the final results of this review and the respondent reported 
reliable entered values, we will calculate importer-specific ad valorem 
assessment rates for the merchandise based on the ratio of the total 
amount of dumping calculated for the examined sales made during the 
period of review to each importer and the total entered value of those 
same sales, in accordance with 19 CFR 351.212(b)(1). If the respondent 
has not reported reliable entered values, we will calculate a per-unit 
assessment rate for each importer by dividing the total amount of 
dumping calculated for the examined sales made to that importer by the 
total sales quantity associated with those transactions. Where an 
importer-specific ad valorem assessment rate is zero or de minimis in 
the final results of review, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties in accordance 
with 19 CFR 351.106(c)(2). If a respondent's weighted-average dumping 
margin is zero or de minimis in the final results of review, we will 
instruct CBP not to assess duties on any of its entries in accordance 
with the Final Modification for Reviews, i.e., ``{w{time} here the 
weighted-average margin of dumping for the exporter is determined to be 
zero or de minimis, no antidumping duties will be assessed.'' \12\
---------------------------------------------------------------------------

    \12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).

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[[Page 56823]]

    For entries of subject merchandise during the POR produced by 
Hyundai and POSCO/PDW for which the producer did not know its 
merchandise was destined for the United States, or for any respondent 
for which we have a final determination of no shipments, we will 
instruct CBP to liquidate unreviewed entries at the all-others rate if 
there is no rate for the intermediate company (or companies) involved 
in the transaction.\13\
---------------------------------------------------------------------------

    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2)(C) of the Act: (1) The 
cash deposit rate for Hyundai and POSCO/PDW 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, 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 
5.55 percent,\14\ 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.
---------------------------------------------------------------------------

    \14\ 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).
---------------------------------------------------------------------------

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 POR. 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)(1) of the Act.

    Dated: November 2, 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

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology Comparison to Normal Value
    A. Determination of the Comparison Method
    B. Results of Differential Pricing Analysis
    Date of Sale
    Product Comparisons
    Export Price/Constructed Export Price
    Normal Value
    A. Home Market Viability
    B. Affiliated Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
5. Currency Conversion
6. Recommendation

[FR Doc. 2018-24796 Filed 11-13-18; 8:45 am]
 BILLING CODE 3510-DS-P



                             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                    56821

     such information, either publicly or                    and Materials (ASTM) standards A500, A252,            and POSCO/POSCO Daewoo Co., Ltd.
     under an administrative protective order                or A53, or other relevant domestic                    (collectively POSCO/PDW), the two
     (APO), without the written consent of                   specifications, grades and/or standards. Large        companies selected for individual
                                                             diameter welded pipe can be produced to
     the Assistant Secretary for Enforcement                                                                       examination, sold subject merchandise
                                                             comparable foreign specifications, grades
     and Compliance. Because Commerce’s                      and/or standards or to proprietary                    in the United States at prices below
     final determination is affirmative, in                  specifications, grades and/or standards, or           normal value during the POR. We invite
     accordance with section 705(b) of the                   can be non-graded material. All pipe meeting          interested parties to comment on these
     Act, the ITC will make its final                        the physical description set forth above is           preliminary results.
     determination as to whether the                         covered by the scope of this investigation,           DATES: Applicable November 14, 2018.
     domestic industry in the United States                  whether or not produced according to a
                                                             particular standard.                                  FOR FURTHER INFORMATION CONTACT:
     is materially injured, or threatened with                                                                     Benito Ballesteros or Justin Neuman,
     material injury, by reason of imports of                  Subject merchandise also includes large
                                                             diameter welded pipe that has been further            AD/CVD Operations, Office V,
     large diameter welded pipe from India                                                                         Enforcement and Compliance,
                                                             processed in a third country, including but
     no later than 45 days after this final                  not limited to coating, painting, notching,           International Trade Administration,
     determination.                                          beveling, cutting, punching, welding, or any          U.S. Department of Commerce, 1401
     Notification Regarding Administrative                   other processing that would not otherwise             Constitution Avenue NW, Washington,
     Protective Orders                                       remove the merchandise from the scope of              DC 20230; telephone: (202) (202) 482–
                                                             the investigation if performed in the country
       In the event that the ITC issues a final                                                                    7425 or (202) 482–0486, respectively.
                                                             of manufacture of the in-scope large diameter
     negative injury determination, this                     welded pipe.                                          SUPPLEMENTARY INFORMATION:
     notice will serve as the only reminder                    The large diameter welded pipe that is
                                                             subject to this investigation is currently
                                                                                                                   Background
     to parties subject to an APO of their
     responsibility concerning the                           classifiable in the Harmonized Tariff                    On December 7, 2017, Commerce
     destruction of proprietary information                  Schedule of the United States (HTSUS) under           initiated the antidumping duty
                                                             subheadings 7305.11.1030, 7305.11.1060,               administrative review on certain hot-
     disclosed under APO in accordance                       7305.11.5000, 7305.12.1030, 7305.12.1060,
     with 19 CFR 351.305(a)(3). Timely                                                                             rolled steel flat products (hot-rolled
                                                             7305.12.5000, 7305.19.1030, 7305.19.1060,
     written notification of the return/                     7305.19.5000, 7305.31.4000, 7305.31.6010,
                                                                                                                   steel) from the Republic of Korea
     destruction of APO materials or                         7305.31.6090, 7305.39.1000 and                        (Korea).1 Commerce selected two
     conversion to judicial protective order is              7305.39.5000. While the HTSUS subheadings             respondents for individual examination,
     hereby requested. Failure to comply                     are provided for convenience and customs              POSCO/PDW and Hyundai Steel
     with the regulations and terms of an                    purposes, the written description of the              Company. For a detailed description of
     APO is a violation which is subject to                  scope of this investigation is dispositive.           the events that followed the initiation of
     sanction.                                               Appendix II                                           this review, see the Preliminary
                                                                                                                   Decision Memorandum, dated
     Notification to Interested Parties                      List of Topics Discussed in the Issues and            concurrently with these preliminary
       This determination is issued and                      Decision Memorandum                                   results and hereby adopted by this
     published pursuant to sections 705(d)                   I. Summary                                            notice.2
     and 777(i) of the Act and 19 CFR                        II. Background                                           The Preliminary Decision
     351.210(c).                                             III. Use of Facts Otherwise Available and             Memorandum is a public document and
                                                                   Adverse Inferences                              is on file electronically via Enforcement
       Dated: November 1, 2018.                              IV. Analysis of Programs
     Gary Taverman,                                          V. Analysis of Comments
                                                                                                                   and Compliance’s Antidumping and
     Deputy Assistant Secretary for Antidumping                 Comment 1: Whether Commerce Properly               Countervailing Duty Centralized
     and Countervailing Duty Operations,                           Applied AFA in the Preliminary                  Electronic Service System (ACCESS).
     performing the non-exclusive functions and                    Determination                                   Access to ACCESS is available to
     duties of the Assistant Secretary for                      Comment 2: Whether Commerce Should                 registered users at http://
     Enforcement and Compliance.                                   Continue to Find the AAP, DDB, EPCG,            access.trade.gov and is available to all
                                                                   and MEIS Programs Countervailable               parties in the Central Records Unit,
     Appendix I                                              VI. Conclusion                                        Room B8024 of the main Department of
     Scope of the Investigation                              [FR Doc. 2018–24804 Filed 11–13–18; 8:45 am]          Commerce building. In addition, a
        The merchandise covered by this                      BILLING CODE 3510–DS–P                                complete version of the Preliminary
     investigation is welded carbon and alloy steel                                                                Decision Memorandum can be accessed
     pipe (including stainless steel pipe), more                                                                   directly on the internet at http://
     than 406.4 mm (16 inches) in nominal                    DEPARTMENT OF COMMERCE                                enforcement.trade.gov/frn/index.html.
     outside diameter (large diameter welded                                                                       A list of the topics discussed in the
     pipe), regardless of wall thickness, length,            International Trade Administration
     surface finish, grade, end finish, or                                                                         Preliminary Decision Memorandum is
     stenciling. Large diameter welded pipe may              [A–580–883]                                           attached at the Appendix to this notice.
     be used to transport oil, gas, slurry, steam, or                                                              The signed Preliminary Decision
     other fluids, liquids, or gases. It may also be         Certain Hot-Rolled Steel Flat Products                Memorandum and the electronic
     used for structural purposes, including, but            From the Republic of Korea:                           versions of the Preliminary Decision
     not limited to, piling. Specifically, not               Preliminary Results of Antidumping                    Memorandum are identical in content.
     included is large diameter welded pipe                  Duty Administrative Review; 2016–
     produced only to specifications of the                  2017                                                    1 See Initiation of Antidumping and
     American Water Works Association (AWWA)
                                                                                                                   Countervailing Duty Administrative Reviews, 82 FR
     for water and sewage pipe.                              AGENCY:  Enforcement and Compliance,                  21513 (May 9, 2017).
        Large diameter welded pipe used to                   International Trade Administration,                     2 See Memorandum, ‘‘Decision Memorandum for
     transport oil, gas, or natural gas liquids is           Department of Commerce.                               the Preliminary Results of the Antidumping Duty
     normally produced to the American                                                                             Administrative Review: Certain Cold Rolled Steel
     Petroleum Institute (API) specification 5L.             SUMMARY: The Department of Commerce
                                                                                                                   Flat Products from the Republic of Korea; 2016–
     Large diameter welded pipe may also be                  (Commerce) preliminarily determines                   2017,’’ dated October 3, 2018 (Preliminary Decision
     produced to American Society for Testing                that Hyundai Steel Company (Hyundai)                  Memorandum).



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     56822                    Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     Scope of the Order                                      Preliminary Results of Review                                    and time to be determined.10 Parties
       The product covered by this review is                   We preliminarily determine that the                            should confirm the date, time, and
     hot-rolled steel from Korea. For a full                 following weighted-average dumping                               location of the hearing two days before
     description of the scope see the                        margins exist for the period March 22,                           the scheduled date.
     Preliminary Decision Memorandum.                        2016, through September 30, 2017.                                  Commerce intends to issue the final
                                                                                                                              results of this administrative review,
     Methodology                                                                                                 Weighted-    including the results of its analysis of
       Commerce is conducting this                                      Exporter/producer                         average     the issues raised in any case or rebuttal
     administrative review in accordance                                                                           margin     briefs, no later than 120 days after the
                                                                                                                 (percent)    date of publication of this notice, unless
     with section 751(a) of the Tariff Act of
     1930, as amended (the Act). Export                      POSCO/POSCO Daewoo Co.,                                          extended.11
     price and constructed export price are                    Ltd. ..........................................         7.67   Assessment Rates
     calculated in accordance with section                   Hyundai Steel Company .............                       3.95
     772 of the Act. Normal value is                         Non-Examined Companies .........                          5.95      Upon completion of this
     calculated in accordance with section                                                                                    administrative review, Commerce shall
     773 of the Act. For a full description of               Disclosure, Public Comment, and                                  determine, and Customs and Border
     the methodology underlying our                          Opportunity To Request a Hearing                                 Protection (CBP) shall assess,
     conclusions, see the Preliminary                                                                                         antidumping duties on all appropriate
                                                                We intend to disclose the calculations                        entries. We intend to issue liquidation
     Decision Memorandum.                                    performed for these preliminary results
                                                                                                                              instructions to CBP 15 days after
     Rates for Non-Examined Companies                        of review to interested parties within
                                                                                                                              publication of the final results of this
                                                             five days of the date of publication of
        The statute and Commerce’s                                                                                            review.
                                                             this notice in accordance with 19 CFR                               For any individually examined
     regulations do not address the
                                                             351.224(b). Pursuant to 19 CFR                                   respondent whose weighted-average
     establishment of a rate to be applied to
                                                             351.309(c), interested parties may                               dumping margin is not zero or de
     companies not selected for individual
                                                             submit case briefs no later than 30 days                         minimis (i.e., less than 0.5 percent) in
     examination when Commerce limits its
                                                             after the date of publication of this                            the final results of this review and the
     examination in an administrative review
                                                             notice. Rebuttal briefs, the content of
     pursuant to section 777A(c)(2) of the                                                                                    respondent reported reliable entered
                                                             which is limited to issues raised in the
     Act. Generally, Commerce looks to                                                                                        values, we will calculate importer-
                                                             case briefs, may be filed no later than
     section 735(c)(5) of the Act, which                                                                                      specific ad valorem assessment rates for
                                                             five days after the date for filing case
     provides instructions for calculating the                                                                                the merchandise based on the ratio of
                                                             briefs.5 Parties who submit case briefs or
     all-others rate in a market economy                                                                                      the total amount of dumping calculated
                                                             rebuttal briefs in this proceeding are
     investigation, for guidance when                                                                                         for the examined sales made during the
                                                             encouraged to submit with each
     calculating the rate for companies                                                                                       period of review to each importer and
                                                             argument: (1) A statement of the issue;
     which were not selected for individual                                                                                   the total entered value of those same
                                                             (2) a brief summary of the argument;
     examination in an administrative                                                                                         sales, in accordance with 19 CFR
                                                             and (3) a table of authorities.6 Case and
     review. Under section 735(c)(5)(A) of                                                                                    351.212(b)(1). If the respondent has not
                                                             rebuttal briefs should be filed using
     the Act, the all-others rate is normally                                                                                 reported reliable entered values, we will
                                                             ACCESS 7 and must be served on
     ‘‘an amount equal to the weighted                                                                                        calculate a per-unit assessment rate for
                                                             interested parties.8 Executive
     average of the estimated weighted-                                                                                       each importer by dividing the total
                                                             summaries should be limited to five
     average dumping margins established                                                                                      amount of dumping calculated for the
                                                             pages total, including footnotes.
     for exporters and producers                                Pursuant to 19 CFR 351.310(c),                                examined sales made to that importer by
     individually investigated, excluding any                interested parties who wish to request a                         the total sales quantity associated with
     zero or de minimis margins, and any                     hearing must submit a written request to                         those transactions. Where an importer-
     margins determined entirely {on the                     the Assistant Secretary for Enforcement                          specific ad valorem assessment rate is
     basis of facts available}.’’                            and Compliance, filed electronically via                         zero or de minimis in the final results
        In this review, we have preliminarily                                                                                 of review, we will instruct CBP to
                                                             Commerce’s electronic records system,
     calculated weighted-average dumping                                                                                      liquidate the appropriate entries
                                                             ACCESS. An electronically filed request
     margins for Hyundai and POSCO/PDW                                                                                        without regard to antidumping duties in
                                                             must be received successfully in its
     that are not zero, de minimis, or                                                                                        accordance with 19 CFR 351.106(c)(2). If
                                                             entirety by 5:00 p.m. Eastern Time
     determined entirely on the basis of facts                                                                                a respondent’s weighted-average
                                                             within 30 days of the date of publication
     available. Accordingly, we have                                                                                          dumping margin is zero or de minimis
                                                             of this notice.9 Requests should contain:
     preliminarily assigned to the companies                                                                                  in the final results of review, we will
                                                             (1) The party’s name, address and
     not individually examined in this                                                                                        instruct CBP not to assess duties on any
                                                             telephone number; (2) the number of
     review 3 a margin of 5.95 percent, which                                                                                 of its entries in accordance with the
                                                             participants; and (3) a list of issues
     is the weighted average of Hyundai and                                                                                   Final Modification for Reviews, i.e.,
                                                             parties intend to discuss. Issues raised
     POSCO/PDW calculated weighted-                                                                                           ‘‘{w}here the weighted-average margin
                                                             in the hearing will be limited to those
     average dumping margins.4                                                                                                of dumping for the exporter is
                                                             raised in the respective case and
                                                             rebuttal briefs. If a request for a hearing                      determined to be zero or de minimis, no
       3 The non-examined companies subject to this

     review are: Daewoo International Corp., Dongbu          is made, Commerce intends to hold the                            antidumping duties will be assessed.’’ 12
     Steel Co., Ltd., Dongkuk Industries Co., Ltd.,          hearing at the U.S. Department of
                                                                                                                                10 See 19 CFR 351.310(d).
     Marubeni-Itochu Steel Korea, Soon Hong Trading          Commerce, 1401 Constitution Avenue
     Co., and Sungjin Co.                                    NW, Washington, DC 20230, at a date
                                                                                                                                11 See section 751(a)(3)(A) of the Act and 19 CFR
       4 For more information regarding the calculation                                                                       351.213(h).
     of this margin, see Memorandum, ‘‘Calculation of          5 See
                                                                                                                                12 See Antidumping Proceedings: Calculation of

     the Margin for Non-Examined Companies,’’ dated                  19 CFR 351.309(d).                                       the Weighted-Average Dumping Margin and
                                                               6 See 19 CFR 351.309(c)(2) and (d)(2).
     November 2, 2018. As the weighting factor, we                                                                            Assessment Rate in Certain Antidumping
                                                               7 See generally 19 CFR 351.303.
     relied on the publicly ranged sales data reported in                                                                     Proceedings; Final Modification, 77 FR 8101, 8102
                                                               8 See 19 CFR 351.303(f).
     Hyundai’s and POSCO/PDW’s quantity and value                                                                             (February 14, 2012) (Final Modification for
     charts.                                                   9 See 19 CFR 351.310(c).                                       Reviews).



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                             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                    56823

        For entries of subject merchandise                   Failure to comply with this requirement               DATES:   Applicable November 14, 2018.
     during the POR produced by Hyundai                      could result in Commerce’s                            FOR FURTHER INFORMATION CONTACT:
     and POSCO/PDW for which the                             presumption that reimbursement of                     David Goldberger or Darla Brown, AD/
     producer did not know its merchandise                   antidumping duties occurred and the                   CVD Operations, Office II, Enforcement
     was destined for the United States, or                  subsequent assessment of double                       and Compliance, International Trade
     for any respondent for which we have                    antidumping duties.                                   Administration, U.S. Department of
     a final determination of no shipments,                                                                        Commerce, 1401 Constitution Avenue
     we will instruct CBP to liquidate                       Notification to Interested Parties
                                                                                                                   NW, Washington, DC 20230; telephone:
     unreviewed entries at the all-others rate                 Commerce is issuing and publishing                  (202) 482–4136 or (202) 482–1791,
     if there is no rate for the intermediate                these results in accordance with                      respectively.
     company (or companies) involved in the                  sections 751(a)(1) and 777(i)(1) of the
     transaction.13                                          Act.                                                  Background
                                                               Dated: November 2, 2018.                               On March 5, 2018, Commerce
     Cash Deposit Requirements
                                                             Gary Taverman,                                        published in the Federal Register a
        The following cash deposit                                                                                 notice of opportunity to request an
     requirements will be effective upon                     Deputy Assistant Secretary for Antidumping
                                                             and Countervailing Duty Operations,                   administrative review of the CVD order
     publication of the notice of final results              performing the non-exclusive functions and            on certain uncoated paper from
     of this administrative review for all                   duties of the Assistant Secretary for                 Indonesia for the POR.1 On April 2,
     shipments of the subject merchandise                    Enforcement and Compliance.                           2018, Commerce received a timely
     entered, or withdrawn from warehouse,                                                                         request from PT Anugerah Kertas
     for consumption on or after the date of                 Appendix                                              Utama, PT Riau Andalan Kertas, and
     publication, as provided by section                     List of Topics Discussed in the Preliminary           APRIL Fine Paper Macao Offshore
     751(a)(2)(C) of the Act: (1) The cash                   Decision Memorandum                                   Limited (collectively, APRIL), in
     deposit rate for Hyundai and POSCO/                     1. Summary                                            accordance with section 751(a) of the
     PDW in the final results of review will                 2. Background                                         Tariff Act of 1930, as amended (the Act)
     be equal to the weighted-average                        3. Scope of the Order                                 and 19 CFR 351.213(b), to conduct an
     dumping margin established in the final                 4. Discussion of the Methodology                      administrative review of this CVD
     results of this administrative review; (2)                    Comparison to Normal Value                      order.2
     for merchandise exported by producers                      A. Determination of the Comparison                    On May 2, 2018, Commerce published
     or exporters not covered in this review                       Method                                          in the Federal Register a notice of
     but covered in a prior segment of the                      B. Results of Differential Pricing Analysis        initiation with respect to APRIL.3 On
                                                                Date of Sale
     proceeding, the cash deposit rate will                                                                        July 13, 2018, APRIL timely withdrew
                                                                Product Comparisons
     continue to be the company-specific rate                   Export Price/Constructed Export Price              its request for an administrative
     published for the most recently                            Normal Value                                       review.4
     completed segment of this proceeding in                    A. Home Market Viability
     which they were reviewed; (3) if the                                                                          Rescission of Review
                                                                B. Affiliated Party Transactions and Arm’s-
     exporter is not a firm covered in this                        Length Test                                       Pursuant to 19 CFR 351.213(d)(1), the
     review or the original investigation but                   C. Level of Trade                                  Secretary will rescind an administrative
     the producer is, the cash deposit rate                     D. Cost of Production Analysis                     review, in whole or in part, if a party
     will be the rate established for the most                  1. Calculation of COP                              who requested the review withdraws
     recently completed segment of this                         2. Test of Comparison Market Sales Prices          the request within 90 days of the date
                                                                3. Results of the COP Test                         of publication of notice of initiation of
     proceeding for the producer of the
                                                                E. Calculation of Normal Value Based on
     merchandise; (4) the cash deposit rate                        Comparison Market Prices
                                                                                                                   the requested review. As noted above,
     for all other producers or exporters will               5. Currency Conversion                                APRIL withdrew its request for review
     continue to be 5.55 percent,14 the all-                 6. Recommendation                                     by the 90-day deadline, and no other
     others rate established in the less-than-               [FR Doc. 2018–24796 Filed 11–13–18; 8:45 am]
                                                                                                                   party requested an administrative
     fair-value investigation. These cash                                                                          review of this order. Therefore, we are
                                                             BILLING CODE 3510–DS–P
     deposit requirements, when imposed,                                                                           rescinding the administrative review of
     shall remain in effect until further                                                                          the CVD order on certain uncoated
     notice.                                                 DEPARTMENT OF COMMERCE                                paper from Indonesia covering the
                                                                                                                   period January 1, 2017, through
     Notification to Importers
                                                             International Trade Administration                    December 31, 2017.
       This notice serves as a preliminary
     reminder to importers of their                          [C–560–829]                                           Assessment
     responsibility under 19 CFR                                                                                     Commerce will instruct U.S. Customs
     351.402(f)(2) to file a certificate                     Certain Uncoated Paper From                           and Border Protection (CBP) to assess
     regarding the reimbursement of                          Indonesia: Rescission of 2017                         countervailing duties on all appropriate
     antidumping duties prior to liquidation                 Countervailing Duty Administrative                    entries. Countervailing duties shall be
     of the relevant entries during this POR.                Review
                                                                                                                      1 See Antidumping or Countervailing Duty Order,
                                                             AGENCY:  Enforcement and Compliance,
       13 See Antidumping and Countervailing Duty                                                                  Finding, or Suspended Investigation; Opportunity
                                                             International Trade Administration,                   to Request Administrative Review, 83 FR 9284
     Proceedings: Assessment of Antidumping Duties, 68
     FR 23954 (May 6, 2003).
                                                             Department of Commerce.                               (March 5, 2018).
       14 See Certain Hot-Rolled Steel Flat Products from    SUMMARY: The Department of Commerce                      2 See Letter from APRIL, ‘‘Uncoated Paper from

     Australia, Brazil, Japan, the Republic of Korea, the    (Commerce) is rescinding the                          Indonesia,’’ dated April 2, 2018.
     Netherlands, the Republic of Turkey, and the            administrative review of the                             3 See Initiation of Antidumping and

     United Kingdom: Amended Final Affirmative               countervailing duty (CVD) order on                    Countervailing Duty Administrative Reviews, 83 FR
     Antidumping Determinations for Australia, the                                                                 19215 (May 2, 2018).
     Republic of Korea, and the Republic of Turkey and
                                                             certain uncoated paper from Indonesia                    4 See Letter from APRIL, ‘‘Certain Uncoated Paper

     Antidumping Duty Orders, 81 FR 67962 (October 3,        for the period of review (POR) January                from Indonesia: APRIL—Withdraw of Request for
     2016) (Order).                                          1, 2017, through December 31, 2017.                   Administrative Review,’’ dated July 13, 2018.



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Document Created: 2018-11-14 03:31:29
Document Modified: 2018-11-14 03:31:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable November 14, 2018.
ContactBenito Ballesteros or Justin Neuman, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) (202) 482-7425 or (202) 482-0486, respectively.
FR Citation83 FR 56821 

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