Federal Register - July 29, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Notices Scope of the Order The product covered by the Order 6 is cold-rolled steel from the Republic of Korea. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.
Analysis of Comments Received All arguments raised in the case and rebuttal briefs are listed in the appendix to this notice and addressed in the Issues and Decision Memorandum.
Changes Since the Preliminary Results Based on our analysis of the comments received, we made certain changes to the margin calculations for Hyundai Steel Company Hyundai and POSCO/POSCO International Corporation POSCO. For a discussion of these changes, see the Margin Calculations section of the Issues and Decision Memorandum.7
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Rate for Non-Examined Company The Act and Commerces 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 777Ac2 of the Act. Generally, Commerce looks to section 735c5 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 735c5A 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. Section 735c5B of the Act also provides that, where all rates for individually examined companies are zero, de minimis, or based entirely on facts available, Commerce may use any reasonable method for assigning the rate to all other respondents. The SAA
states that one such reasonable method is to weight-average the rates that are 6 See Certain Cold Rolled Steel Flat Products from Brazil, India, the Republic of Korea, and the United Kingdom: Amended Final Affirmative Antidumping Determinations for Brazil and the United Kingdom and Antidumping Duty Orders, 81 FR 64432
September 20, 2016 Order.
7 See Issues and Decision Memorandum; see also Memorandum, Final Determination Calculations for Hyundai, dated concurrently with this notice;
and Memorandum, Final Determination Calculations for POSCO/PIC, dated concurrently with this notice.
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zero, de minimis, and based entirely on facts available.8
For these final results, we calculated weighted-average dumping margins for Hyundai and POSCO that are zero percent, and we have assigned this zero percent rate to the company not individually examined in this review i.e., KG Dongbu Steel Co., Ltd pursuant to section 735c5B of the Act.9
Final Results of Review Commerce determines that the following weighted-average dumping margins exist for the period September 1, 2018, through August 31, 2019:
Producers/exporters
Hyundai Steel Company
POSCO/POSCO International Corporation 10
KG Dongbu Steel Co., Ltd 11
Weightedaverage dumping margin percent 0.00
0.00
0.00
Disclosure Commerce intends to disclose the calculations performed for these final results within five days of the date of publication of this notice in the Federal Register, to parties in this proceeding, in accordance with 19 CFR 351.224b.
Assessment Rates Pursuant to section 751a2C of the Act and 19 CFR 351.212b1, Commerce has determined, and U.S.
8 See Statement of Administrative Action Accompanying the Uruguay Round Agreements Act, H.R. Doc. 103316, vol. 1 1994 at 873 1994
SAA.
9 See Albemarle Corp. v. United States, 821 F.3d 1345 Fed. Cir. 2016.
10 Commerce has collapsed POSCO and POSCO
International Corporation PIC, treating these companies as a single entity. Commerce also finds that PIC is the successor-in-interest to POSCO
Daewoo Corporation PDW, and, as a consequence, is part of the collapsed POSCO single entity. See Memorandum, Cold-Rolled Steel Flat Products from the Republic of Korea: POSCO and POSCO
International Corporation Affiliation and Collapsing Memorandum, dated January 15, 2021 at 910.
11 Commerce determined that KG Dongbu Steel Co., Ltd. KG Dongbu Steel is the successor-ininterest to Dongbu Steel Co., Ltd. Dongbu Steel and Dongbu Incheon Steel Co., Ltd. Dongbu Incheon for purposes of determining antidumping duty AD cash deposits and liabilities pursuant to the AD orders on certain cold-rolled steel and certain corrosion resistant steel products from Korea. See Certain Cold-Rolled Steel Flat Products and Certain Corrosion-Resistant Steel Products from the Republic of Korea: Preliminary Results of Antidumping Duty and Countervailing Duty Changed Circumstance Reviews, 86 FR 287 January 5, 2021, unchanged in Certain Cold-Rolled Steel Flat Products and Certain Corrosion-Resistant Steel Products from the Republic of Korea: Final Results of Antidumping and Countervailing Duty Changed Circumstances Reviews, 86 FR 10922 February 23, 2021.
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Customs and Border Protection CBP
shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.
Pursuant to 19 CFR 351.212b1, where the respondent did not report entered value, we calculated the entered value in order to calculate the assessment rate. Where the respondents weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106c1, or an importerspecific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. In accordance with Commerces practice, for entries of subject merchandise during the POR for which the reviewed companies did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate if there is no company-specific rate for the intermediate companyies involved in the transaction.12
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.13
Consistent with its recent notice,14
Commerce intends to issue assessment instructions to CBP no earlier than 35
days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired i.e., within 90 days of publication.
Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751a2C of the Act: 1
The cash deposit rate for each specific company listed above will be zero; 2
for previously investigated companies 12 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 May 6, 2003.
13 See section 751a2C of the Act.
14 See Notice of Discontinuation Policy to Issue Liquidation Instructions After 15 Days in Applicable Antidumping and Countervailing Duty Administrative Proceedings, 86 FR 3995 January 15, 2021.
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