Notice2021-14109
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2018-2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that producers and/or exporters subject to this administrative review did not make sales of subject merchandise at less than normal value during the period of review (POR), September 1, 2018, through August 31, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 124 (Thursday, July 1, 2021)</title>
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[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35060-35062]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14109]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-880]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review did
not make sales of subject merchandise at less than normal value during
the period of review (POR), September 1, 2018, through August 31, 2019.
DATES: Applicable July 1, 2021.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Jacob Garten, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202)
482-3342, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers three producers and exporters of the subject
merchandise. Commerce selected Dong-A Steel Co., Ltd., (DOSCO) and
HiSteel Co., Ltd., (HiSteel) for individual examination. The producer
and/or exporter not selected for individual examination, Kukje Steel
Co., Ltd., (Kukje Steel) is listed in the ``Final Results of the
Review'' section of this notice.
On January 26, 2021, Commerce published the Preliminary Results.\1\
In March 2021, the petitioner,\2\ DOSCO, and HiSteel submitted case and
rebuttal briefs.\3\ For a description of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\4\ On
May 14, 2021, we extended the deadline for the final results until June
25, 2021.\5\
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\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea: Preliminary Results of Antidumping
Duty Administrative Review; 2018-2019, 86 FR 7071 (January 26, 2021)
(Preliminary Results).
\2\ The petitioner is Nucor Tubular Products Inc.
\3\ See Petitioner's Case Brief, ``Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from the Republic of Korea: Case
Brief,'' dated March 19, 2021; DOSCO and HiSteel's Joint Case Brief,
``Case Brief of Dong-A-Steel Co., Ltd and HiSteel Co. Ltd.,'' dated
March 19, 2021; DOSCO's Case Brief, ``Case Brief of DOSCO,'' dated
March 19, 2021; DOSCO's Rebuttal Case Brief, ``Heavy Walled
Rectangular Carbon Steel Pipe and Tube from Korea--Rebuttal Brief of
DOSCO,'' dated March 29, 2021; HiSteel's Rebuttal Case Brief,
``Administrative Review of the Antidumping Order Heavy Walled
Rectangular Carbon Steel Pipe and Tube from Korea--Rebuttal Brief of
HiSteel Co. Ltd.,'' dated March 29, 2021; Petitioner's Rebuttal Case
Brief, ``Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea: Rebuttal Brief,'' dated March 29,
2021. We also received a letter in lieu of a rebuttal brief from
Kukje Steel. See Kukje Steel's Letter, ``Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from the Republic of Korea--
Letter in Support of Mandatory Respondents' Briefs,'' dated March
29, 2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Administrative Review of the
Antidumping Duty Order on Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, these results (Issues and
Decision Memorandum).
\5\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea: Extension of
Deadline for Final Results of the 2018-2019 Antidumping Duty
Administrative Review,'' dated May 14, 2021.
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
[[Page 35061]]
Scope of the Order
The products covered by the order are certain heavy walled
rectangular welded steel pipes and tubes from the Republic of Korea
(Korea). Products subject to the order are currently classified under
the Harmonized Tariff Schedule of the United States (HTSUS) item number
7306.61.1000. Subject merchandise may also be classified under
7306.61.3000. Although the HTSUS numbers and ASTM specification are
provided for convenience and for customs purposes, the written product
description remains dispositive.\6\
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\6\ For a full description of the scope of the order, see Issues
and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
Appendix to this notice and addressed in the Issues and Decision
Memorandum. 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon for the final results of this review. However,
we took additional steps in lieu of an on-site verification to verify
this information, in accordance with section 782(i) of the Tariff Act
of 1930, as amended (the Act).\7\
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\7\ See Commerce's Letters, In Lieu of Verification
Questionnaires for HiSteel and DOSCO, dated February 16, 2021 and
March 4, 2021, respectively; see also HiSteel's Letter,
``Administrative Review of the Antidumping Duty Order on Heavy
Walled Rectangular Carbon Steel Pipes and Tubes from Korea--Response
to the Department's February 16 In-Lieu of Verification
Questionnaire,'' dated February 25, 2021; and DOSCO's Letter,
``Heavy Walled Rectangular Carbon Steel Pipes and Tubes from Korea--
Response to the Department's March 4 Questionnaire In-Lieu of
Verification,'' dated March 11, 2021.
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
DOSCO and HiSteel. For a discussion of these changes, see the Margin
Calculations section of the Issues and Decision Memorandum.\8\
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\8\ See Issues and Decision Memorandum.
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Rate for Non-Selected Respondents
The Act and Commerce's regulations do not address the 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} .'' Section
735(c)(5)(B) of the Act also provides that, where all rates are zero,
de minimis, or based entirely on facts available, we may use ``any
reasonable method'' for assigning the rate to all other respondents.
The SAA states that the ``expected method'' under ``any reasonable
method'' is that we will weight-average the rates that are zero, de
minimis, and based entirely on facts available.\9\
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\9\ See Uruguay Round Agreements Act Statement of Administrative
Action attached to H.R. Rep. No. 103-316 vol. I at 873 (1994),
reprinted in 1994 U.S.C.C.A.N 3773, 4163 (SAA).
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In this review, we have calculated weighted-average dumping margins
for DOSCO and HiSteel that are zero percent, and we have assigned this
zero percent to the non-selected company in this review (i.e., Kukje
Steel), pursuant to section 735(c)(5)(B) of the Act.
Final Results of the Review
We continue to assign the following weighted-average dumping
margins to the firms listed below for the period September 1, 2018,
through August 31, 2019:
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\10\ As discussed in the Preliminary Results, Commerce
preliminarily determined to collapse Dong-A Steel Co., Ltd., with
its affiliated producer SeAH Steel Corporation and treat these
companies as a single entity, in accordance with 19 CFR 351.401(f).
We received no comments on this issue and continue to determine that
Dong-A Steel Co., Ltd. and SeAH Steel Corporation are a single
entity.
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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Dong-A Steel Co., Ltd \10\.................................. 0.00
HiSteel Co., Ltd............................................ 0.00
Kukje Steel Co., Ltd........................................ 0.00
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We intend to disclose 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 Rates
Pursuant to section 751(a)(2)(C) 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. Pursuant to 19 CFR 351.212(b)(1), where the respondent did
not report entered value, we calculated the entered value in order to
calculate the assessment rate. Where the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties. In accordance with Commerce's practice, for
entries of subject merchandise during the POR for which the reviewed
companies did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate such entries at the all-
others rate if there is no company-specific rate for the intermediate
company(ies) involved in the transaction.\11\
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\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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.\12\ 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).
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\12\ See section 751(a)(2)(C) of the Act.
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[[Page 35062]]
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the 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 by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be that established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
investigated companies not participating in this review, the cash
deposit will continue to be the company-specific rate published for the
most recently completed segment of this proceeding; (3) if the exporter
is not a firm covered in this review, or the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recent segment
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 3.24
percent, the all-others rate established in the LTFV investigation.\13\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\13\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13,
2016).
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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 review period. 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 Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 return/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) of the Act.
Dated: June 25, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of Issues
General Issues
Comment 1: Existence of a Particular Market Situation (PMS)
Comment 2: PMS Adjustment
Comment 3: Differential Pricing
DOSCO-Specific Issues
Comment 4: DOSCO's Scrap Offset
Comment 5: SeAH Steel Corporation (SeAH Steel)'s Scrap Offset
Comment 6: Common Expenses--DOSCO's General and Administrative
(G&A) Expense Ratio
Comment 7: Affiliated Services--DOSCO's and SeAH Steel's G&A
Expense Ratios
Comment 8: Inventory Valuation Losses--DOSCO's G&A Expense Ratio
Comment 9: Unassigned Material Costs Variance--SeAH Steel's G&A
Expense Ratio
Comment 10: Packing Costs--DOSCO's G&A Expense Ratio
Comment 11: Collapsed G&A Expense Ratio
Comment 12: Short Term Interest Income--Financial Expense Ratio
Comment 13: Investment Related Gains and Losses--Financial
Expense Ratio
Comment 14: Packing Costs--Financial Expense Ratio
HiSteel-Specific Issues
Comment 15: HiSteel Transactions--Disregarded Rule
Comment 16: Allocation of Common Expenses for HiSteel
Comment 17: HiSteel's Miscellaneous Income Items
VI. Recommendation
[FR Doc. 2021-14109 Filed 6-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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