[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Notices]
[Pages 6868-6871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01498]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain oil country tubular goods (OCTG) from the Republic of
Korea (Korea) are being sold in the United States at prices below
normal value. The period of review (POR) is September 1,
[[Page 6869]]
2018 through August 31, 2019. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable January 25, 2021.
FOR FURTHER INFORMATION CONTACT: Davina Friedmann, Mark Flessner, or
Frank Schmitt, AD/CVD Operations, Office VI, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-0698, (202) 482-6312, or (202) 482-4880, respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results are made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this administrative review on
November 12, 2019.\1\ Commerce selected Hyundai Steel Company (Hyundai
Steel) and SeAH Steel Corporation (SeAH) as the two mandatory
respondents in this review.\2\ On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by 50 days.\3\ On June 30, 2020,
Commerce extended the deadline of the preliminary results of review by
100 days, until October 29, 2020, in accordance with 751(a)(3)(A) of
the Act.\4\ On July 21, 2020, Commerce tolled all deadlines in
administrative reviews by an additional 60 days,\5\ thereby extending
the deadline for these preliminary results until December 28, 2020. On
November 25, 2020, in accordance with section 751(a)(3)(A) of the Act,
Commerce extended the preliminary results of review by an additional 18
days, until January 15, 2021.\6\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011 (November 12, 2019) (Initiation
Notice).
\2\ See Memorandum, ``2018-2019 Administrative Review of the
Antidumping Duty Order on Oil Country Tubular Goods from the
Republic of Korea: Respondent Selection,'' dated December 23, 2019.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated April 24, 2020
(First Tolling Memorandum).
\4\ See Memorandum, ``Certain Oil Country Tubular Goods from the
Republic of Korea, 2018-2019: Extension of Time Limit of Preliminary
Results of Antidumping Duty Administrative Review,'' dated June 30,
2020 (First Extension of Preliminary Review Results Memorandum).
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020
(Second Tolling Memorandum).
\6\ See Memorandum, ``Certain Oil Country Tubular Goods from the
Republic of Korea, 2018-2019: Extension of Time Limit of Preliminary
Results of Antidumping Duty Administrative Review,'' dated November
25, 2020 (Second Extension of Preliminary Review Results
Memorandum).
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum, dated concurrently with these preliminary results and
hereby adopted by this notice.\7\ A list of topics included in the
Preliminary Decision Memorandum is included as Appendix I 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 http://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results in the 2018-2019 Administrative Review of Oil Country
Tubular Goods from the Republic of Korea'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The product covered by the Order \8\ is OCTG from Korea. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
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\8\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil
Country Tubular Goods from the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value, 79 FR
53691 (September 10, 2014) (Order).
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(2) of the Act. Commerce has calculated export
prices in accordance with section 772(a) of the Act. Constructed export
prices have been calculated in accordance with section 772(b) of the
Act. Normal value (NV) is calculated in accordance with section 773 of
the Act. Commerce preliminarily finds that a cost-based particular
market situation (PMS) existed in Korea during the POR concerning the
cost of hot-rolled coil (HRC) as a component of the cost of production
for the OCTG that Hyundai Steel and SeAH produced.\9\ We quantified the
impact of the particular market situation on the material cost of HRC,
and derived a corresponding adjustment factor that, when applied to the
cost of HRC, accounts for the distortions induced by the observed
particular market situation.\10\ For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
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\9\ For a complete discussion, see Memorandum, ``2018-2019
Administrative Review of Antidumping Duty Order on Certain Oil
Country Tubular Goods from the Republic of Korea: Decisions on
Particular Market Situation Allegations,'' dated concurrently with
this Federal Register Notice (PMS Memorandum).
\10\ See PMS Memorandum.
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Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the rate to
be applied to companies not selected for 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} .''
In this review, we have preliminarily calculated weighted-average
dumping margins for SeAH that is not zero, de minimis, or determined
entirely on the basis of facts available. Accordingly, Commerce
preliminarily has assigned to the companies not individually examined
(see Appendix II for a full list of these companies) a margin of 1.07
percent, which is the weighted average dumping margin of SeAH for these
preliminary results of review.\11\
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\11\ For more information regarding the calculation of this
margin, see Memorandum, ``Preliminary Results of the 2018-2019
Administrative Review of Certain Oil Country Tubular Goods from the
Republic of Korea; Calculation of the Margin for Non-Examined
Companies,'' dated concurrently with this memorandum.
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Preliminary Results of Review
Commerce preliminarily determines that, for the period September 1,
2018 through August 31, 2019, the following weighted-average dumping
margins exist:
[[Page 6870]]
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Hyundai Steel Company....................................... 0.00
SeAH Steel Corporation...................................... 1.07
Non-examined companies \12\................................. 1.07
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Disclosure, Public Comment, and Opportunity To Request a Hearing
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\12\ See Appendix II.
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We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, the content of which is limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\13\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\14\
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\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.303 (for general filing requirements); see
also Temporary Rule Modifying AD/CVD Service Requirements Due to
COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020).
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Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\15\ Case and rebuttal briefs should be filed using ACCESS
\16\ and must be served on interested parties.\17\ Executive summaries
should be limited to five pages total, including footnotes.
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\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See generally 19 CFR 351.303.
\17\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days of the date of publication of this
notice.\18\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at a time and date to be determined.\19\ Parties should confirm the
date, time, and location of the hearing two days before the scheduled
date.
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\20\
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\20\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. 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).
For any individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50 percent)
in the final results of this review, if the respondent reported
reliable entered values, we will calculate importer-specific ad valorem
assessment rates for the merchandise based on the ratio of the total
amount of dumping calculated for the examined sales made to each
importer and the total entered value of those same sales, in accordance
with 19 CFR 351.212(b)(1). If the respondent has not reported reliable
entered values, we will calculate a per-unit assessment rate for each
importer by dividing the total amount of dumping calculated for the
examined sales made to that importer by the total sales quantity
associated with those transactions. Where an importer-specific ad
valorem assessment rate is zero or de minimis in the final results of
review, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties in accordance with 19 CFR
351.106(c)(2). If a respondent's weighted-average dumping margin is
zero or de minimis in the final results of review, we will instruct CBP
not to assess duties on any of its entries in accordance with the Final
Modification for Reviews, i.e., ``{w{time} here the weighted-average
margin of dumping for the exporter is determined to be zero or de
minimis, no antidumping duties will be assessed.'' \21\
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\21\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by
Hyundai Steel or SeAH for which the producer did not know its
merchandise was destined for the United States, or for any respondent
for which we have a final determination of no shipments, 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.\22\
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\22\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2) of the Act: (1) The cash
deposit rate for the companies listed in the final results of review
will be equal to the weighted-average dumping margin established in the
final results of this administrative 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
recently completed segment of this proceeding in which they were
reviewed; (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
recently completed segment of this proceeding for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 5.24 percent, the all-others rate
established in the less-than-fair-value investigation.\23\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\23\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Notice of Court Decision Not in Harmony With Final
Determination, 81 FR 59603 (August 30, 2016).
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[[Page 6871]]
Notification to Importers
This notice serves as a preliminary 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 occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
The preliminary results of this administrative review are issued
and published in accordance with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4).
Dated: January 15, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rates for Non-Examined Companies
V. Affiliation
VI. Discussion of Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II
List of Companies Not Individually Examined
1. AJU Besteel Co., Ltd.
2. Blue Sea Precision Tube Co., Ltd.
3. Bo Myung Metal Co., Ltd.
4. BUMA CE Co., Ltd.
5. Busung Steel Co., Ltd.
6. Chang Won Bending Co., Ltd.
7. Daeho P&C Co., Ltd.
8. Daou Precision Ind. Co.
9. Dongyang Steel Pipe Co., Ltd.
10. Dongbu Incheon Steel Co., Ltd.
11. Dongkuk Steel Mill Co., Ltd.
12. EEW Korea Co., Ltd.
13. Global Solutions Co., Ltd.
14. Hansol Metal Co., Ltd.
15. HiSteel Co., Ltd.
16. HPP Co., Ltd.
17. Husteel Co., Ltd.
18. Hyundai Group
19. Hyundai Corporation
20. Hyundai HYSCO
21. Hyundai RB Co., Ltd.
22. Hyundai Steel Company
23. ILJIN Steel Corporation
24. Keonwoo Metals Co., Ltd.
25. K Steel Corporation
26. KF UBIS Co., Ltd.
27. Korea Steel Co., Ltd.
28. Kukje Steel Co., Ltd.
29. KPF Co., Ltd.
30. Kumkang Kind Co., Ltd.
31. Kumsoo Connecting Co., Ltd.
32. Master Steel Corporation
33. MCK Co., Ltd.
34. MS Pipe Co., Ltd.
35. Msteel Co., Ltd.
36. Nexen Corporation
37. NEXTEEL Co., Ltd.
38. Pneumatic Plus Korea Co., Ltd.
39. POSCO International Corporation
40. PSG Co., Ltd.
41. Pusan Fitting Corporation
42. SeAH FS Co., Ltd.
43. SeAH Steel Corporation
44. Sejong Ind. Co., Ltd.
45. Seokyoung Steel & Technology Co., Ltd.
46. SIC Tube Co., Ltd.
47. ST Tubular Inc.
48. Sungkwang Bend Co., Ltd.
49. TGS Pipe Co., Ltd.
50. TJ Glovsteel Co., Ltd.
51. TSP Corporation
52. Union Pipe MFG Co., Ltd.
53. WSG Co., Ltd.
[FR Doc. 2021-01498 Filed 1-22-21; 8:45 am]
BILLING CODE 3510-DS-P