Notice2021-16250
Certain Oil Country Tubular Goods 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 30, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) 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, 2018, through August 31, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 144 (Friday, July 30, 2021)</title>
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[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41015-41018]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16250]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods 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 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, 2018, through August 31, 2019.
DATES: Applicable July 30, 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
On January 25, 2021, Commerce published the Preliminary Results of
this administrative review.\1\ We invited interested parties to comment
on the Preliminary Results. Between February 25 and March 4, 2021,
Commerce received timely filed case briefs and rebuttal briefs from
various interested parties.\2\ On April 28, 2021, we
[[Page 41016]]
extended the deadline for the final results until July 23, 2021.\3\
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\1\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2018-2019, 86 FR 6868 (January 25, 2021) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See Maverick Tube Corporation, Tenaris Bay City, Inc., and
IPSCO Tubulars Inc. (collectively, Maverick)'s Letter, ``Oil Country
Tubular Goods from the Republic of Korea: Case Brief of Maverick
Tube Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars Inc.,''
dated February 25, 2021; United States Steel Corporation (U.S.
Steel)'s Letter, ``Oil Country Tubular Goods from the Republic of
Korea: Case Brief of United States Steel Corporation,'' dated
February 26, 2021; Hyundai Steel Company (Hyundai Steel)'s Letter,
``Certain Oil Country Tubular Goods from the Republic of Korea--Case
Brief,'' dated February 25, 2021; SeAH Steel Corporation (SeAH)'s
Letter, ``Administrative Review of the Antidumping Order on Oil
Country Tubular Goods from Korea--Case Brief of SeAH Steel
Corporation,'' dated February 25, 2021; Husteel Co., Ltd.
(Husteel)'s Letter, ``Oil Country Tubular Goods from the Republic of
Korea, Case No. A-580-870: Husteel's Case Brief,'' dated February
25, 2021; AJU Besteel's Letter, ``Certain Oil Country Tubular Goods
from the Republic of Korea--Letter in Support of Case Briefs,''
dated February 25, 2021; ILJIN's Letter, ``Certain Oil Country
Tubular Goods from the Republic of Korea--Letter in Support of Case
Briefs,'' dated February 25, 2021; Maverick's Letter, ``Oil Country
Tubular Goods from the Republic of Korea: Rebuttal Brief of Maverick
Tube Corporation, Tenaris Bay City, Inc. and IPSCO Tubular Inc.,''
dated March 4, 2021; U.S. Steel's Letter, ``Oil Country Tubular
Goods from the Republic of Korea: Rebuttal Brief of United States
Steel Corporation,'' dated March 5, 2021; Hyundai Steel's Letter,
``Certain Oil Country Tubular Goods from the Republic of Korea--
Rebuttal Brief,'' dated March 4, 2021; SeAH's Letter,
``Administrative Review of the Antidumping Duty Order on Oil Country
Tubular Goods from Korea--Rebuttal Brief of SeAH Steel
Corporation,'' dated March 5, 2021; and Husteel's Letter, ``Oil
Country Tubular Goods from Republic of Korea, Case No. A-580-870:
Letter in Support of Respondents' Rebuttal Briefs,'' dated March 4,
2021.
\3\ See Memorandum, ``Oil Country Tubular Goods from the
Republic of Korea: Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review, 2018-2019,'' dated April 28,
2021.
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For a complete description of the events that followed the
Preliminary Results of this administrative review, see the Issues and
Decision Memorandum.\4\ 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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the internet at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>.
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Administrative Review of the
Antidumping Duty Order on Certain Oil Country Tubular Goods from the
Republic of Korea,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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These final results cover 53 companies.\5\ Based on an analysis of
the comments received, we have made changes to the weighted-average
dumping margins determined for the respondents. The weighted-average
dumping margins are listed in the ``Final Results of Review'' section,
below. Commerce conducted this review in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act).
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\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011 (November 12, 2021). The 53
companies consist of two mandatory respondents and 51 companies not
individually examined.
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Scope of the Order <SUP>6</SUP>
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\6\ 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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The merchandise covered by the Order is certain OCTG, which are
hollow steel products of circular cross-section, including oil well
casing and tubing, of iron (other than cast iron) or steel (both carbon
and alloy), whether seamless or welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or threaded and coupled) whether or
not conforming to American Petroleum Institute (API) or non-API
specifications, whether finished (including limited service OCTG
products) or unfinished (including green tubes and limited service OCTG
products), whether or not thread protectors are attached. The scope of
the Order also covers OCTG coupling stock. For a complete description
of the scope of the Order, see the Issues and Decision Memorandum.
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. The
issues are identified in Appendix I to this notice.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the margin calculations for SeAH and Hyundai Steel. For a
discussion of these changes, see the ``Margin Calculations'' 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
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 review 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 a weighted-average dumping
margin that is not zero, de minimis, or determined entirely on the
basis of facts available for SeAH. Accordingly, Commerce has assigned
to the companies not individually examined (see Appendix II for a full
list of these companies) a margin of 0.77 percent, which is SeAH's
calculated weighted-average dumping margin for these final results.
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period September 1, 2018, through August 31,
2019:
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\7\ See Appendix II for a full list of these companies.
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Weighted-
average
Producer/exporter dumping
margins
(percent)
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Hyundai Steel Company....................................... 0.00
SeAH Steel Corporation...................................... 0.77
Non-examined companies \7\.................................. 0.77
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, 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.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\8\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer- (or customer-) specific assessment rates based on
the resulting per-unit rates.\9\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent),
[[Page 41017]]
Commerce will instruct CBP to collect the appropriate duties at the
time of liquidation.\10\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is zero or de minimis, Commerce will instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\11\
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\8\ See 19 CFR 351.212(b)(1).
\9\ Id.
\10\ Id.
\11\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rates for Non-Examined Companies'' section, above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by SeAH, Hyundai Steel, or
the non-examined companies for which the producer 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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Consistent with its recent notice,\13\ 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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\13\ See Notice of Discontinuation Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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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)(C)
of the Act: (1) The cash deposit rates for the companies listed in
these final results will be equal to the weighted-average dumping
margins established in the final results of this review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of this proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment in which the company was
reviewed; (3) if the exporter is not a firm covered in this review or
the original less-than-fair-value (LTFV) investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 5.24 percent,\14\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\14\ 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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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 occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order
This notice also 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 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
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213.
Dated: July 23, 2021.
Christian Marsh,
Acting 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
General Issues
Comment 1-A: Lawfulness of Commerce's Interpretation of the
Particular Market Situation (PMS) Provision
Comment 1-B: Evidence of a PMS
Comment 1-C: Quantification of PMS Adjustment
Comment 2: Differential Pricing
Comment 3: Calculation of Constructed Value (CV) Profit and
Selling Expenses
Hyundai Steel-Specific Issues
Comment 4: Arm's Length Adjustment for Services from Affiliate
Comment 5: Transportation of OCTG from Affiliate
Comment 6: Cost of Prime Products Sold in the United States
Comment 7: Transfer Price as an Indirect Selling Expense
Comment 8: Correcting Drafting Errors
Comment 9: Hyundai Steel's Entered Value
Comment 10: U.S. Warehousing Expense
Comment 11: Reallocating an Input as a Packing Expense
SeAH-Specific Issues
Comment 12: PMS Adjustment in the Sales-Below-Cost Test
Comment 13: Freight Revenue Cap
Comment 14: Calculation of General and Administrative (G&A)
Expenses Incurred by SeAH's U.S. Affiliate
Comment 15: Correction of a Ministerial Error in SeAH's
Preliminary Margin Program
Comment 16: SeAH's Kuwait Sales to Calculate Normal Value
Comment 17: CEP Offset
VII. 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. ILJIN Steel Corporation
23. Keonwoo Metals Co., Ltd.
24. K Steel Corporation
25. KF UBIS Co., Ltd.
26. Korea Steel Co., Ltd.
27. Kukje Steel Co., Ltd.
28. KPF Co., Ltd.
29. Kumkang Kind Co., Ltd.
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30. Kumsoo Connecting Co., Ltd.
31. Master Steel Corporation
32. MCK Co., Ltd.
33. MS Pipe Co., Ltd.
34. Msteel Co., Ltd.
35. Nexen Corporation
36. NEXTEEL Co., Ltd.
37. Pneumatic Plus Korea Co., Ltd.
38. POSCO International Corporation
39. PSG Co., Ltd.
40. Pusan Fitting Corporation
41. SeAH FS Co., Ltd.
42. Sejong Ind. Co., Ltd.
43. Seokyoung Steel & Technology Co., Ltd.
44. SIC Tube Co., Ltd.
45. ST Tubular Inc.
46. Sungkwang Bend Co., Ltd.
47. TGS Pipe Co., Ltd.
48. TJ Glovsteel Co., Ltd.
49. TSP Corporation
50. Union Pipe MFG Co., Ltd.
51. WSG Co., Ltd.
[FR Doc. 2021-16250 Filed 7-29-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 30, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.