Stainless Steel Sheet and Strip in Coils From the Republic of Korea: Preliminary Results and Intent To Rescind, in Part, of Countervailing Duty Administrative Review; 2022

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Federal RegisterSep 13, 2024
89 Fed. Reg. 74915 (Sep. 13, 2024)
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    Department of Commerce International Trade Administration
  • [C-580-835]
  • AGENCY:

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

    SUMMARY:

    The U.S. Department of Commerce (Commerce) preliminarily determines that certain exporters/producers of stainless steel sheet and strip in coils (SSSS in coils) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR) January 1, 2022, through December 31, 2022. We invite interested parties to comment on these preliminary results.

    DATES:

    Applicable September 13, 2024.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Barton, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0012.

    SUPPLEMENTARY INFORMATION:

    Background

    On August 6, 1999, Commerce published in the Federal Register the countervailing duty (CVD) order on SSSS in coils from Korea. On October 18, 2023, Commerce published in the Federal Register its initiation of the CVD administrative review of the Order for the period of January 1, 2022, to December 31, 2022. On January 18, 2024, Commerce selected Geumok Tech. Co., Ltd. (Geumok Tech) and Hyundai Steel Company (Hyundai Steel), as the mandatory respondents in this administrative review. Because Geumok Tech failed to respond to the initial questionnaire, on February 8, 2024, Commerce selected Hyundai BNG Steel Co. (Hyundai BNG) as an additional mandatory respondent in this administrative review.

    See Amended Final Determination: Stainless Steel Sheet and Strip in Coils from the Republic of Korea; and Notice of Countervailing Duty Orders: Stainless Steel Sheet and Strip in Coils from France, Italy, and the Republic of Korea,64 FR 42923 (August 6, 1999) ( Order).

    See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 71829 (October 18, 2023).

    See Memorandum, “Respondent Selection,” dated January 18, 2024.

    See Memorandum, “Selection of Additional Mandatory Respondent for Individual Examination,” dated February 8, 2024.

    On April 17, 2024, Commerce extended the deadline for issuance of the preliminary results of this review until August 30, 2024, in accordance with 19 CFR 351.213(h)(2). On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. The deadline for the preliminary results is now September 6, 2024.

    See Memorandum, “Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,” dated April 17, 2024.

    See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.

    For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is included in an appendix to this notice. 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 https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

    See Memorandum, “Decision Memorandum for the Preliminary Results of the Administrative Review of the Countervailing Duty Order on Stainless Steel Sheet and Strip in Coils from the Republic of Korea; 2022,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Scope of the Order

    The product covered by this Order is SSSS in coils. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.

    Methodology

    Commerce is conducting this CVD administrative review in accordance with section 751(a)(l)(A) 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 financial contribution by an “authority” that confers a benefit to the recipient, and that the subsidy is specific. For a full description of the methodology underlying our conclusions, including our reliance upon adverse facts available (AFA) in determining a countervailing duty rate for Geumok Tech, pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum.

    See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.

    Intent To Rescind Administrative Review, in Part

    It is Commerce's practice to rescind an administrative review of a countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended. Normally, upon completion of an administrative review, the suspended entries are liquidated at the countervailing duty assessment rate calculated for the review period. Therefore, for an administrative review of a company to be conducted, there must be a reviewable, suspended entry that Commerce can instruct U.S. Customs and Border Protection (CBP) to liquidate at the calculated countervailing duty assessment rate calculated for the review period.

    See Preliminary Decision Memorandum at “Intent to Rescind Administrative Review, in Part.”

    See19 CFR 351.212(b)(2).

    See19 CFR 351.213(d)(3).

    According to the CBP import data on the record, there is one company subject to this review ( i.e., Samsung STS Co., Ltd.) that did not have reviewable entries of subject merchandise during the POR for which liquidation is suspended. Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR, we intend to rescind this administrative review with respect to this company, in accordance with 19 CFR 351.213(d)(3).

    Preliminary Results of Review

    As a result of this review, we preliminarily determine the following net countervailable subsidy rates for the period January 1, 2022, through December 31, 2022:

    Company Net countervailable subsidy rate (percent)
    Hyundai BNG Steel Co * 0.05
    Hyundai Steel Company 0.76
    Geumok Tech. Co., Ltd. 15.57
    * De minimis.

    Commerce preliminarily finds Hyundai ISC to be cross-owned with Hyundai Steel. See the Preliminary Decision Memorandum at 14.

    This rate is based upon AFA. See Preliminary Decision Memorandum at 6-11.