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Published Document: 2019-26798 (84 FR 67927)
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
AGENCY:
Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce.
SUMMARY:
The Department of Commerce (Commerce) preliminarily finds that Hyundai Steel Co., Ltd. (Hyundai Steel), a producer/exporter of certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea), received countervailable subsidies that are
de minimis.
The period of review (POR) is January 1, 2017 through December 31, 2017. We invite interested parties to comment on these preliminary results.
DATES:
Applicable December 12, 2019.
FOR FURTHER INFORMATION CONTACT:
Hannah Falvey, 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) 482-4889.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2018, Commerce published a notice of initiation of an administrative review of the countervailing duty (CVD) order on hot-rolled steel from Korea.[1]
On July 3, 2019, Commerce extended the deadline for the preliminary results of this review to no later than December 5, 2019.[2]
For a complete description of the events that followed the initiation of this review,
see
the Preliminary Decision Memorandum.[3]
A list of topics discussed in the Preliminary Decision Memorandum is included in the 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
http://access.trade.gov
and is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at
http://enforcement.trade.gov/frn/.
The signed and electronic versions of the Preliminary Decision Memorandum are identical in content.
Scope of the Order
The merchandise covered by the order is hot-rolled steel. For a complete description of the scope of the order,
see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this 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 find that there is a subsidy,
i.e.,
a government-provided financial contribution that gives rise to
( printed page 67928)
a benefit to the recipient, and that the subsidy is specific.[4]
For a full description of the methodology underlying our conclusions,
see
the Preliminary Decision Memorandum.
Preliminary Results of Review
In accordance with 19 CFR 351.224(b)(4)(i), we calculated a subsidy rate for Hyundai Steel. For the POR, we preliminarily find that the net subsidy rate for the producers/exporters under review to be as follows:
Company
Subsidy rate
(percent
ad valorem)
Hyundai Steel Co., Ltd
0.45
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of the final results, Commerce shall determine, and Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of this review. Commerce intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice.
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amount indicated above with regard to shipments of 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 non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit instructions, when imposed, shall remain in effect until further notice.
Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the calculations performed in reaching the preliminary results within five days of the date of publication of these preliminary results.[5]
Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.[6]
Rebuttal briefs must be limited to issues raised in the case briefs.[7]
Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.[8]
Interested parties who wish to request a hearing must do so within 30 days of publication of these preliminary results by submitting a written request to the Assistant Secretary for Enforcement and Compliance using Enforcement and Compliance's ACCESS system.[9]
Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce will inform parties of the scheduled date of the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined.[10]
Issues addressed during the hearing will be limited to those raised in the briefs.[11]
Parties should confirm by telephone the date, time, and location 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.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, 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, within 120 days after publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 351.221(b)(4).
Dated: December 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Recommendation
Footnotes
1.
See Initiation of Antidumping and Countervailing Duty Administrative Reviews,83 FR 63615 (December 11, 2018).
3.
See
Memorandum, “Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review; 2017: Certain Hot-Rolled Steel Flat Products from the Republic of Korea,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
4.
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.