[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Pages 71055-71057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24722]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the
producers/exporters subject to this administrative review made sales of
circular welded non-alloy steel pipe (CWP) from the Republic of Korea
(Korea) at less than normal value (NV) during the period of review
(POR), November 1, 2017 through October 31, 2018.
DATES: Applicable November 6, 2020.
FOR FURTHER INFORMATION CONTACT: Andre Gziryan, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington DC 20230; telephone: (202) 482-2201.
SUPPLEMENTARY INFORMATION:
Background
This review covers 25 producers and/or exporters of the subject
merchandise.\1\ Commerce selected two mandatory respondent for
individual examination: Husteel Co., Ltd. (Husteel) and Nexteel Co.,
Ltd. (Nexteel). The producers/exporters which were not selected for
individual examination are listed in Appendix II of this notice.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019).
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On January 16, 2020, Commerce published the Preliminary Results of
this administrative review.\2\ We invited interested parties to comment
on the Preliminary Results. Between February 28, 2020 and March 12,
2020, Commerce received timely filed case and rebuttal briefs from
various interested parties.\3\
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\2\ See Circular Welded Non-Alloy Steel Pipe From the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2017-2018, 85 FR 2719 (January 16, 2020) (Preliminary
Results) and accompanying Preliminary Decision Memorandum (PDM).
\3\ See Petitioner's Letter, ``Circular Welded Non-Alloy Steel
Pipe From the Republic of Korea: Case Brief of Wheatland Tube.,''
dated February 28, 2020; Husteel's Letter, ``Circular Welded Non-
Alloy Steel Pipe from South Korea, Case No. A-580-809: Husteel Case
Brief,'' dated February 28, 2020; Hyundai Steel's Letter, ``Circular
Welded Non-Alloy Steel Pipe from the Republic of Korea: Case
Brief,'' dated February 28, 2020; NEXTEEL's Letter, ``Circular
Welded Non-Alloy Steel Pipe from the Republic of Korea: NEXTEEL's
Case Brief,'' dated February 28, 2020; SeAH Letter, ``Administrative
Review of the Antidumping Order on Circular Welded Non-Alloy Steel
Pipe from Korea -- Case Brief of SeAH Steel Corporation,'' dated
February 28, 2020; petitioner's Letter, ``Circular Welded Non-Alloy
Steel Pipe From the Republic of Korea--Rebuttal Brief of Wheatland
Tube and Nucor Tubular Products Inc.,'' dated March 12, 2020;
Husteel's Letter, ``Circular Welded Non-Alloy Steel Pine from Korea.
Case No. A-580-809: Husteel Rebuttal Brief,'' dated March 12, 2020;
Hyundai Steel's Letter, ``Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Rebuttal Brief,'' dated March 12, 2020; and
NEXTEEL's Letter, ``Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea: NEXTEEL's Rebuttal Brief,'' dated March 12, 2020.
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April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\4\ On May 26, 2020, Commerce extended the deadline
for issuing these final results until September 2, 2020.\5\ On July 21,
2020, Commerce tolled all deadlines for all preliminary and final
results in administrative reviews by 60 days, thereby extending the
deadline for these final results until November 2, 2020.\6\ Commerce
conducted this review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\5\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Extension of Deadline for Final Results of
2017-2018 Antidumping Administrative Review,'' dated May 26, 2020.
\6\ See Memorandum,'' Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order
The merchandise subject to the order is circular welded non-alloy
steel pipe and tube. Imports of the product are currently classifiable
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and 7306.30.5090. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description is dispositive. For a complete description of the
scope of the order, see the Issues and Decision Memorandum.\7\
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the
[[Page 71056]]
issues raised is attached to this notice at in Appendix I. 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 at htttp://enforcement.trade.gov/frn/index.html. The signed
and electronic versions of the Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the margin calculations for Husteel and Nexteel. For a
discussion of these changes, see the ``Changes Since the Preliminary
Results'' section of the Issues and Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
For these final results, we calculated weighted-average dumping
margins for Husteel and Nexteel that are not zero, de minimis, or
determined entirely on the basis of facts available. Accordingly,
Commerce has assigned to the companies not individually examined in
this review (see Appendix II for a full list of these companies) a
margin of 21.01 percent, which is the weighted-average of the
antidumping duty margins calculated using the public ranged sales data
of Husteel and Nexteel.
Final Results of Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period November 1, 2017 through October
31, 2018:
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\8\ See Appendix II for a full list of these companies.
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Weighted-
average
Producer/exporter dumping margin
(percent)
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Husteel Co., Ltd........................................ 4.92
Nexteel Co., Ltd........................................ 27.28
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Review-Specific Average Rate Applicable to the Following Companies
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Weighted-
average
Producer/exporter dumping margin
(percent)
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Other Respondents \8\................................... 21.01
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Disclosure
We intend to disclose to interested parties the calculations
performed within five days of the date of publication of this notice to
parties in this proceeding, in accordance with 19 CFR 351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, 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.
Commerce intends to issue assessment instructions to CBP 15 days after
the date of publication of these final results.
For Husteel and Nexteel, because the weighted-average dumping
margins are not zero or de minimis (i.e., less than 0.5 percent),
Commerce has calculated importer-specific antidumping duty assessment
rates.\9\ We calculated importer-specific antidumping duty assessment
rates by aggregating the total amount of dumping calculated for the
examined sales of each importer and dividing each of these amounts by
the total sales value associated with those sales. We will instruct CBP
to assess antidumping duties on all appropriate entries covered by this
review where an importer-specific assessment rate is not zero or de
minimis.\10\ Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping duties any entries for which
the importer-specific assessment rate is zero or de minimis.\11\
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\9\ See 19 CFR 351.212(b)(1).
\10\ Id.
\11\ See 19 CFR 351.106(c)(2).
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Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Husteel and Nexteel, for
which the Husteel or Nexteel did not know that its merchandise was
destined for the United States, 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.\12\
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\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual review, we
will assign an assessment rate equal to the weighted-average dumping
margin identified above. The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.\13\
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\13\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided for by section 751(a)(2) of
the Act: (1) The cash deposit rate for companies subject to this review
will be the rates established in these final results of the review; (2)
for merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation but the
producer is, then the cash deposit rate will be the rate established
for the most recent period for the producer of the merchandise; (4) the
cash deposit rate for all other producers or exporters will continue to
be 4.80 percent,\14\ the all-others rate established in the
investigation.
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\14\ See Notice of Antidumping Duty Orders: Certain Circular
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea
(Korea), Mexico, and Venezuela, and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy
Steel Pipe from Korea, 57 FR 49453 (November 2, 1992).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
[[Page 71057]]
Notification to Importers
This notice 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 this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a 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), 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 protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: November 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes since the Preliminary Results
V. Rate for Non-Examined Companies
VI. Discussion of the Issues
Comment 1-A: Cost-Based Particular Market Situation Allegation
Comment 1-B: Evidence of a Particular Market Situation
Allegation
Comment 1-C: Particular Market Situation Adjustment
Comment 2: Differential Pricing
VII. Recommendation
Appendix II
List of Companies Not Individually Examined
1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine Engineering (Dsme)
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel
9. Eew Korea Company
10. Histeel
11. Hyundai Rb
12. Hyundai Steel Company (including Hyundai Steel (Pipe Division))
13. Kiduck Industries
14. Kum Kang Kind
15. Kumsoo Connecting
16. Miju Steel Manufacturing
17. Samkang M&T
18. Seah Fs
19. Seah Steel
20. Steel Flower
21. Vesta Co., Ltd.
22. Yep Co.
[FR Doc. 2020-24722 Filed 11-5-20; 8:45 am]
BILLING CODE 3510-DS-P