Federal Register - November 4, 2021
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Source: Federal Register
60798
Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Notices
days of the date of publication of the notice of initiation. Commerce received a timely-filed withdrawal request from the petitioners,5 pursuant to 19 CFR
351.213d1. Because the withdrawal request was timely filed, and no other party requested a review of these companies, in accordance with 19 CFR
351.213d1, Commerce is rescinding this review with respect to the following companies: DCE Inc; Dong Chuel America Inc.; Dong Chuel Industrial Co., Ltd.; Dongbu Incheon Steel Co., Ltd.;
Dongbu Steel Co., Ltd.; Dongkuk Industries Co., Ltd.; Dongkuk Steel Mill Co., Ltd.; Hyewon Sni Corporation H.S.I.; JFE Shoji Trade Korea Ltd.;
POSCO Coated & Color Steel Co., Ltd.;
POSCO Daewoo Corporation; Soon Hong Trading Co., Ltd.; and Sung-A
Steel Co., Ltd.
Methodology Commerce is conducting this review in accordance with section 751a1A
of the Tariff Act of 1930, as amended the Act. For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying all of Commerces conclusions, see the Preliminary Decision Memorandum.
lotter on DSK11XQN23PROD with NOTICES1
Preliminary Rate for Non-Selected Company Under Review There is one company in this review that was not selected as a mandatory respondent, i.e., POSCO. The Act and Commerces regulations do not directly address the rates to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to 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 705c5Ai of the Act instructs Commerce, as a general rule, to calculate an all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters 5 The petitioners are AK Steel Corporation, ArcelorMittal USA LLC, Nucor Corporation Nucor, SSAB Enterprises, LLC, Steel Dynamics, Inc., and United States Steel Corporation.
6 See sections 7715B and D of the Act regarding financial contribution; section 7715E
of the Act regarding benefit; and section 7715A of the Act regarding specificity.
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and/or producers individually examined, excluding any rates that are zero, de minimis, or based entirely on facts available. Commerce is, accordingly, basing the subsidy rate for POSCO on the rate calculated for Hyundai Steel.
Preliminary Results of Administrative Review We preliminarily determine the following net countervailable subsidy rates for the period January 1, 2019, through December 31, 2019:
Subsidy rate percent ad valorem
Company Hyundai Steel Co., Ltd
POSCO
0.56
0.56
Disclosure and Public Comment We will disclose to the parties in this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.7 Case briefs, or other written comments, may be submitted to the Assistant Secretary for Enforcement and Compliance at a date to be determined.
Rebuttal comments rebuttal briefs, limited to issues raised in case briefs, may be filed within seven days 8 after the time limit for filing case briefs.
Parties who submit arguments are requested 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 All briefs must be filed electronically using ACCESS. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information under further notice.10
Pursuant to 19 CFR 351.310c, 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 by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.11 Hearing requests should contain: 1 The partys name, address, and telephone number; 2 the number of participants; and 3 a list of the issues to be discussed. Issues addressed at the hearing will be limited to those raised in the briefs. If a request for a hearing is made, Commerce intends to 7 See
19 CFR 351.224b.
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020
Temporary Rule.
9 See 19 CFR 351.309c2 and 351.309d2.
10 See Temporary Rule.
11 See 19 CFR 351.310c.
8 See
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hold the hearing at a time and date to be determined. Parties should confirm the date and time of the hearing two days before the scheduled date. Parties are reminded that all briefs and hearing requests must be filed electronically using ACCESS and received successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
Assessment Rate Pursuant to section 751a2C of the Act, upon issuance of the final results, Commerce shall determine, and U.S.
Customs and Border Protection CBP
shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review. If the assessment rate calculated in the final results in zero or de minimis, we will instruct CBP to liquidate all appropriate entries without regard to countervailing duties. 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 In accordance with section 751a2C of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for the companies listed above, except, where the rate calculated in the final results is de minimis, no cash deposit will be required on shipments of the subject merchandise entered or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all nonreviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or allothers rate applicable to the company, as appropriate. These cash deposits, when imposed, shall remain in effect until further notice.
Final Results of Review Commerce intends to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, no later than 120 days after the date of publication of this notice, pursuant to section 751a3A of the Act and 19 CFR 351.213h1, unless this deadline is extended.
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