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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Notices section 777Ae2 of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705c5 of the Act, which provides instructions for calculating the all-others rate in an investigation.
Section 777Ae2 of the Act also provides that the individual countervailable subsidy rates determined under subparagraph A
shall be used to determine the all-others rate under section 705c5 of the Act. Section 705c5A of the Act states that, in general, for companies not investigated, we will determine an allothers rate by weight-averaging the countervailable subsidy rates established for each of the companies individually investigated, excluding any zero and de minimis rates, and any rates based solely on the facts available.
Additionally, section 705c5Aii provides that when the countervailable subsidy rates established for all exporters and producers individually investigated are zero or de minimis rates, or based solely on facts available, Commerce may use any reasonable method to establish a rate for those companies not individually investigated, including averaging the weighted average countervailable subsidy rates determined for the exporters and producers individually investigated. For the preliminary results of this review, we calculated a de minimis net countervailable subsidy rate for POSCO, the sole mandatory respondent. As a result, for the reasons discussed in the Preliminary Decision Memorandum, we have preliminarily determined that it is reasonable to assign to the companies not selected for individual examination in this review, the de minimis net countervailable subsidy rate calculated for POSCO in this review. For a list of the 40
companies for which a review was requested, and which were not selected as mandatory respondents, see Appendix II to this notice.

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Preliminary Results of Review In accordance with 19 CFR
351.221b4i, Commerce preliminarily determines that, during the POR, the net countervailable subsidy rates for the producers/
exporters under review are as follows:

Company
Net countervailable subsidy rate percent ad valorem de minimis
POSCO 7

VerDate Sep<11>2014

17:07 Aug 04, 2021

0.23

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42789

5:00 p.m. Eastern Time on the due date.
Note that Commerce has temporarily modified certain of its requirements for Company serving documents containing business proprietary information, until further notice.14
Non-Examined CompaUnless the deadline is extended nies Under Review 8
0.23
pursuant to section 751a3A of the Act and 19 CFR 351.213h2, Disclosure and Public Comment Commerce intends to issue the final We intend to disclose to parties to this results of this administrative review, proceeding the calculations performed including the results of our analysis of in reaching the preliminary results the issues raised by the parties in any within five days of the date of briefs, no later than 120 days after the publication of these preliminary date of publication of these preliminary 9
results. Interested parties will be results.
notified of the timeline for the Assessment Rate submission of case briefs at a later date.10 Rebuttal briefs, limited to issues Consistent with section 751a2C of raised in the case briefs, may be the Act, upon issuance of the final submitted not later than seven days after results, Commerce shall determine, and the time limit for filing case briefs.11
CBP shall assess, countervailing duties Pursuant to 19 CFR 351.309d2, on all appropriate entries covered by rebuttal briefs must be limited to issues this review.
raised in the case briefs. Parties who Commerce intends to issue submit arguments are requested to assessment instructions to CBP no submit with the argument: 1 A
earlier than 35 days after the date of statement of the issue; 2 a brief publication of the final results of this summary of the argument; and 3 a review in the Federal Register. If a table of authorities.12
Interested parties who wish to request timely summons is filed at the U.S.
a hearing must submit a written request Court of International Trade, the to the Assistant Secretary for assessment instructions will direct CBP
Enforcement and Compliance, U.S.
not to liquidate relevant entries until the Department of Commerce, using time for parties to file a request for a Enforcement and Compliances ACCESS statutory injunction has expired i.e., system within 30 days of publication of within 90 days of publication.
this notice.13 Requests should contain:
Cash Deposit Rate 1 The partys name, address, and telephone number; 2 the number of Pursuant to section 751a2C of the participants; and 3 a list of issues to be Act, Commerce intends, upon discussed. Issues raised in the hearing publication of the final results, to will be limited to those raised in the instruct CBP to collect cash deposits of respective case and rebuttal briefs. If a estimated countervailing duties in the request for a hearing is made, Commerce amounts indicated above with regard to intends to hold the hearing at a time and shipments of subject merchandise date to be determined. Parties should entered, or withdrawn from warehouse, confirm the date and time of the hearing for consumption on or after the date of two days before the scheduled date.
publication of the final results of this Parties are reminded that all briefs review, except, where the rate and hearing requests must be filed calculated in the final results is zero or electronically using ACCESS and de minimis, no cash deposit will be received successfully in their entirety by required. For all non-reviewed firms, we will instruct CBP to continue to collect 7 As discussed in the Preliminary Decision cash deposits of estimated Memorandum, Commerce has found the following countervailing duties at the most recent companies to be cross-owned with POSCO: Pohang Scrap Recycling Distribution Center Co. Ltd.;
company-specific or all-others rate 4.31
POSCO Chemical; POSCO International; POSCO Mpercent applicable to the company, as Tech; POSCO Nippon Steel RHF Joint Venture Co., appropriate.15 These cash deposit Ltd.; and POSCO Terminal. The subsidy rate instructions, when imposed, shall applies to all cross-owned companies.
8 See Appendix II.
remain in effect until further notice.
Net countervailable subsidy rate percent ad valorem de minimis
9 See
19 CFR 351.224b.
19 CFR 351.309c1ii; see also 19 CFR
351.303 for general filing requirements.
11 See 19 CFR 351.309d1; see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19, 85 FR 17006, 17007 March 26, 2020.
12 See 19 CFR 351.309c2 and 351.309d2.
13 See 19 CFR 351.310c.
10 See
PO 00000

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14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020.
15 See Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea:
Countervailing Duty Order, 82 FR 24103 May 25, 2017.

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