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Published Document: 2025-15472 (90 FR 39181)
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, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that Hyundai Steel Company (Hyundai Steel) and POSCO, producers/exporters of certain hot-rolled steel flat products (hot-rolled steel) from the Republic of Korea (Korea), received countervailable subsidies during the period of review January 1, 2022, through December 31, 2022.
DATES:
Applicable August 14, 2025.
FOR FURTHER INFORMATION CONTACT:
Nathan James or Kelsie Hohenberger, AD/CVD Operations, Office V, Enforcement and Compliance,
( printed page 39182)
International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5305 or (202) 482-2517, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2024, Commerce published the
Preliminary Results
of this administrative review in the
Federal Register
and invited interested parties to comment.[1]
On December 9, 2024, Commerce tolled certain deadlines in this administrative review by 90 days.[2]
On May 30, 2025, Commerce extended the deadline for issuing the final results until August 8, 2025.[3]
For a complete description of the events that occurred since the
Preliminary Results, see
the Issues and Decision Memorandum.[4]
The merchandise covered by this
Order
is hot-rolled steel from Korea. For a complete description of the scope of the
Order, see
the Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in interested parties' case briefs in the Issues and Decision Memorandum. A list of the issues raised by parties, to which Commerce responded in the Issues and Decision Memorandum, is provided as an appendix to this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on comments received from interested parties, we made certain changes to POSCO's countervailable subsidy rate calculations from the
Preliminary Results.[6]
Methodology
Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we find 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.[7]
For a full description of the methodologies underlying all of Commerce's conclusions,
see
the Issues and Decision Memorandum.
Final Results of Administrative Review
We determine that, for the period January 1, 2022, through December 31, 2022, the following total net countervailable subsidy rates exist:
Producer/exporter
Subsidy rate
(percent
ad valorem)
Hyundai Steel Company 8
2.21
POSCO 9
1.47
Disclosure
Commerce intends to disclose the calculations performed for these final results of review within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the
Federal Register
, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2), Commerce has determined, 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, for the above-listed companies at the applicable
ad valorem
assessment rates listed. 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 Rates
In accordance with section 751(a)(1) 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 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 administrative review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the all-others rate or most recent company-specific rate applicable to the company, as appropriate. These cash deposits, when imposed, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.
Notification to Interested Parties
These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
( printed page 39183)
Dated: August 8, 2025.
Christopher Abbott,
Acting Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the
Order
IV. Subsidies Valuation
V. Analysis of Programs
VI. Discussion of the Issues
Comment 1a: Whether Electricity Is Subsidized by the Government of Korea (GOK)
Comment 1b: Whether the Provision of Electricity for Less-Than-Adequate-Remuneration (LTAR) Program is
De Facto
Specific
Comment 2: Whether the Provision of Korea Emissions Trading System (K-ETS) Permits is Countervailable
Comment 3: Whether the Benchmark Calculation for Electricity for More than Adequate Remuneration (MTAR) Program Correctly Reflects the Volume of Electricity Purchased
Comment 4: Whether Certain Tax Exemptions, Import Duty Exemptions, and Loans are Tied to the Production of Non-Subject Merchandise
VII. Recommendation
Footnotes
1.
See Certain Hot-Rolled Steel Flat Products from the Republic of Korea: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review, 2022,89 FR 89610 (November 13, 2024) (
Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM).
4.
See
Memorandum, “Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Certain Hot-Rolled Steel Flat Products from the Republic of Korea; 2022,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
5.
See Certain Hot-Rolled Steel Flat Products from Brazil and the Republic of Korea: Amended Final Affirmative Countervailing Duty Determinations and Countervailing Duty Orders,81 FR 67960 (October 3, 2016) (
Order).
7.
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.
8.
As discussed in the
Preliminary Results
PDM, Commerce has found Hyundai Green Power Co., Ltd. to be cross-owned with Hyundai Steel Company.
9.
As discussed in the
Preliminary Results
PDM, Commerce has found the following companies to be cross-owned with POSCO: POSCO Holdings, POSCO International Corporation, POSCO Chemical, POSCO M-Tech, Pohang Scrap Recycling Distribution Center Co. Ltd.; POSCO Nippon Steel RHF Joint Venture Co., Ltd.; and POSCO Mobility Solutions.