Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2022-2023

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[A-580-881]</DEPDOC> <SUBJECT>Certain Cold-Rolled Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2022-2023</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) determines that certain cold-rolled steel flat products (cold-rolled steel) from the Republic of Korea (Korea) was not sold in the United States at less than normal value during the period of review (POR) September 1, 2022, through August 31, 2023. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable January 15, 2025. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Caroline Carroll, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4948. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On October 10, 2024, Commerce published the <E T="03">Preliminary Results</E> in the <E T="04">Federal Register</E> . <SU>1</SU> <FTREF/> We invited interested parties to comment on the <E T="03">Preliminary Results;</E>   <SU>2</SU> <FTREF/> however, no interested party submitted comments. Accordingly, the final results remain unchanged from the <E T="03">Preliminary Results</E> and, thus, there are no memoranda accompanying this <E T="04">Federal Register</E> notice. On December 9, 2024, Commerce tolled the deadline to issue the final results in this administrative review by 90 days. <SU>3</SU> <FTREF/> Accordingly, the deadline for these final results is now May 8, 2025. Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). <FTNT> <SU>1</SU>   <E T="03">See Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023,</E> 89 FR 82218 (October 10, 2024) ( <E T="03">Preliminary Results</E> ), and accompanying Preliminary Decision Memorandum. </FTNT> <FTNT> <SU>2</SU>   <E T="03">Id.,</E> 89 FR at 82219. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated December 9, 2024. </FTNT> <HD SOURCE="HD1"> Scope of the Order  <E T="51">4</E> <E T="03">See Certain Cold-Rolled Steel Flat Products from Brazil, India, the Republic of Korea, and the United Kingdom: Amended Final Affirmative Antidumping Determinations for Brazil and the United Kingdom and Antidumping Duty Orders,</E> 81 FR 64432 (September 20, 2016) ( <E T="03">Order</E> ). </FTNT> The product covered by the <E T="03">Order</E> is cold-rolled steel from Korea. For a complete description of the scope of the <E T="03">Order, see</E> the <E T="03">Preliminary Results.</E> <HD SOURCE="HD1">Rate for Non-Examined Company</HD> Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a less-than-fair-value (LTFV) investigation, for guidance when determining the weighted-average dumping margin for respondents that were not individually examined in an administrative review. Section 735(c)(5)(A) of the Act provides that the all-others rate should normally be calculated by weight averaging the weighted-average dumping margins determined for individually examined respondents, excluding rates that are zero, <E T="03">de minimis,</E> or based entirely on facts available. In this review, we calculated dumping margins of zero percent for the two mandatory respondents, Hyundai Steel Company (Hyundai) and POSCO/POSCO International Corporation (POSCO). Consistent with the U.S. Court of Appeals for the Federal Circuit's decision in <E T="03">Albemarle,</E> <SU>5</SU> <FTREF/> and Commerce's practice, <SU>6</SU> <FTREF/> we assigned the sole non-selected company under review, KG Dongbu Steel Co., Ltd. (KG Dongbu), a margin of zero percent, based on the rates calculated for Hyundai and POSCO, pursuant to section 735(c)(5)(B) of the Act. <FTNT> <SU>5</SU>   <E T="03">See Albemarle Corp.</E> v. <E T="03">United States,</E> 821 F.3d 1345 (Fed. Cir. 2016) ( <E T="03">Albemarle</E> ). </FTNT> <FTNT> <SU>6</SU>   <E T="03">See Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021,</E> 87 FR 60989 (October 7, 2022). </FTNT> <HD SOURCE="HD1">Final Results of Review</HD> We determine that the following estimated weighted-average dumping margins exist for the period of September 1, 2022, through August 31, 2023: <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s25,9"> <TTITLE> </TTITLE> <CHED H="1">Producer/exporter</CHED> <ENT>0.00</ENT> </ROW> <ROW> <ENT I="01">POSCO/POSCO International Corporation</ENT> <ENT>0.00</ENT> </ROW> <ROW> <ENT I="01">KG Dongbu Steel Co., Ltd</ENT> <ENT>0.00</ENT> </ROW> </GPOTABLE> <HD SOURCE="HD1">Disclosure</HD> Normally, Commerce discloses to interested parties the calculations performed in connection with the 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 the notice of final results in the <E T="04">Federal Register</E> , in accordance with 19 CFR 351.224(b). However, because Commerce made no changes from the <E T="03">Preliminary Results,</E> there are no new calculations to disclose. <HD SOURCE="HD1">Assessment Rates</HD> Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b)(1), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Because the weighted-average dumping margins calculated for Hyundai and POSCO are zero, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. Commerce's “automatic assessment” practice will apply to entries of subject merchandise during the POR produced by Hyundai or POSCO for which the reviewed companies did not know that the merchandise they sold to the intermediary ( <E T="03">e.g.,</E> a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. <SU>7</SU> <FTREF/> <FTNT> <SU>7</SU>   <E T="03">See Order,</E> 81 FR at 64434. </FTNT> For KG Dongbu, the company that was not selected for individual examination, we will also assign a zero assessment rate as noted in the “Rate for Non-Examined Company” section, above. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these final results of review in the <E T="04">Federal Register</E> . 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 ( <E T="03">i.e.,</E> within 90 days of publication). <HD SOURCE="HD1">Cash Deposit Requirements</HD> The following cash deposit requirements will be effective upon publication in the <E T="04">Federal Register</E> of these final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies listed above will be zero, as established in the final results of this review; (2) for previously investigated or reviewed companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, or the LTFV investigation, but the producer is, then the cash deposit rate will be the cash deposit rate established for the most recently completed segment for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers and exporters will continue to be 20.33 percent, the all-others rate established in the LTFV investigation. <SU>8</SU> <FTREF/> These cash deposit requirements, when imposed, shall remain in effect until further notice. <FTNT> <SU>8</SU>   <E T="03">Id.</E> </FTNT> <HD SOURCE="HD1">Notification to Importers</HD> This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. <HD SOURCE="HD1">Administrative Protective Order (APO)</HD> This notice serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protect ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 11k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━