Notice2021-16325
Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2018-2020
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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) preliminarily determines that sales of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) were not made at less than normal value during the period of review (POR) August 27, 2018, through April 30, 2020. We invite interested parties to comment on these preliminary results.
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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 41010-41013]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16325]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-897]
Large Diameter Welded Pipe From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of large diameter welded pipe (welded pipe) from the
Republic of Korea (Korea) were not made at less than normal value
during the period of review (POR) August 27, 2018, through April 30,
2020. We invite interested parties to comment on these preliminary
results.
DATES: Applicable July 30, 2021.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or Sergio Balbontin, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4929 or (202)
482-6478, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2019, Commerce published the antidumping duty order on
welded pipe from Korea.\1\ On July 10, 2020, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an
[[Page 41011]]
administrative review of the Order, covering twenty companies.\2\
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\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Amended Final Affirmative Antidumping Determination and Antidumping
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 41540 (July 10, 2020).
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On July 21, 2020, Commerce tolled all preliminary and final results
deadlines in administrative reviews by 60 days.\3\
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\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on March 10, 2021, Commerce determined that it was
not practicable to complete the preliminary results of this review
within 245 days and extended the deadline for the preliminary results
of this review by 120 days, until July 30, 2021.\4\
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2018-2020 Antidumping Duty Administrative Review,'' dated
March 10, 2021.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
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\5\ See Memorandum, ``Large Diameter Welded Pipe from the
Republic of Korea: Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review; 2018-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The product covered by this Order is welded pipe from Korea. For a
full description of the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of topics included in the Preliminary Decision Memorandum is
included as an appendix to this notice.
The Preliminary Decision Memorandum is a public document and is
available 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 Preliminary Decision Memorandum is
available at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Rate for Non-Selected Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
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 an investigation, for guidance when determining the weighted-
average dumping margin 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 and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
In this review, we have preliminarily calculated a weighted-average
dumping margin for each of the mandatory respondents, Hyundai RB Co.,
Ltd. (Hyundai RB) and Hyundai Steel Company (Hyundai Steel), that is
zero percent. Where the rates for the individually examined companies
are all zero, de minimis, or determined entirely using facts available,
section 735(c)(5)(B) of the Act instructs that Commerce ``may use any
reasonable method to establish the estimated all-others rate for
exporters and producers not individually investigated, including
averaging the estimated weighted average dumping margins determined for
the exporters and producers individually investigated.'' One such
reasonable method is to weight average the zero and de minimis rates,
and the rates determined entirely pursuant to facts available. In fact,
the SAA states that this is the ``expected'' method in such
circumstances.\6\ Accordingly, we have determined the weighted-average
dumping margin for the eighteen companies that were not selected for
individual examination based on the weighted average of the weighted-
average dumping margins calculated for Hyundai RB and Hyundai Steel,
i.e., zero percent, consistent with section 735(c)(5)(B) of the Act.
These are the only rates determined in this review for individually
examined companies, and, thus, are applied to the eighteen firms not
selected for individual examination.
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\6\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA)
at 873.
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Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period of August 27, 2018, through April
30, 2020:
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Weighted-
average
Exporter and/or producer dumping
margin
(percent)
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Hyundai RB Co., Ltd......................................... 0.00
Hyundai Steel Company....................................... 0.00
Non-Examined Companies \7\.................................. 0.00
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Disclosure and Public Comment
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\7\ See Appendix II.
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We intend to disclose the calculations performed for these
preliminary results to parties within five days after the date of
public announcement of the preliminary results.\8\
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\8\ See 19 CFR 351.224(b).
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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.\9\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than seven days after the date for
filing case briefs.\10\ 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.\11\ Executive summaries should be limited
to five pages total, including footnotes.
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1) and (2); 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).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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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
ACCESS. Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. 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 date
and time to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
All submissions to Commerce must be filed using ACCESS \12\ and
must be served on interested parties.\13\ An electronically filed
document must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time on the
date that the document is due. Note
[[Page 41012]]
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\14\
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\12\ See 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See 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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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will 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
no earlier than 35 days after the date of publication of the final
results of this administrative 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 an individually examined respondent whose weighted-average
dumping margin is not de minimis (i.e., less than 0.50 percent), upon
completion of the final results, Commerce intends to calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for each importer's examined sales
to the total entered value of those sales. Where we do not have entered
values for all U.S. sales to a particular importer, we will calculate
an importer-specific, per-unit assessment rate on the basis of the
ratio of the total amount of dumping calculated for the importer's
examined sales to the total quantity of those sales.\15\ To determine
whether an importer-specific, per-unit assessment rate is de minimis,
in accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
Where either a respondent's weighted-average dumping margin is zero or
de minimis, or an importer-specific ad valorem assessment rate is zero
or de minimis, we will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\16\ For entries of subject
merchandise during the POR produced by each individually examined
respondent for which it did not know its merchandise was destined for
the United States, we will instruct CBP to liquidate such entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\17\
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\15\ See 19 CFR 351.212(b)(1).
\16\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
\17\ 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
examination, we intend to direct CBP to assess antidumping duties at a
rate equal to their weighted-average dumping margin determined in the
final results.
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 cash deposits of
estimated duties, where applicable.\18\
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\18\ 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 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 the companies
listed above will be equal to the weighted-average dumping margin
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 reviewed or investigated companies not covered in
this review, 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 was reviewed; (3) if the exporter is
not a firm covered in this review, a prior completed review, or the
less-than-fair value (LTFV) investigation, but the producer is, then
the cash deposit rate will be the company-specific rate established for
the most recently-completed segment of this proceeding for the producer
of subject merchandise; and (4) the cash deposit rate for all other
producers and exporters will continue to be 7.08 percent, the all-
others rate established in the LTFV investigation.\19\
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\19\ See Order.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised by the parties in the written comments,
within 120 days of publication of these preliminary results in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
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 doubled
antidumping duties.
Notification to Interested Parties
These preliminary results 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: July 26, 2021.
Christian Marsh,
Acting 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
Review-Specific Average Rate Applicable to Companies Not Selected for
Individual Review
1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Histeel Co., Ltd.
9. Husteel Co., Ltd.
10. Kiduck Industries Co., Ltd.
11. Kum Kang Kind. Co., Ltd.
12. Kumsoo Connecting Co., Ltd.
13. Nexteel Co., Ltd.
14. SeAH Steel Corporation
15. Seonghwa Industrial Co., Ltd.
16. SIN-E B&P Co., Ltd.
17. Steel Flower Co., Ltd.
[[Page 41013]]
18. WELTECH Co., Ltd.
[FR Doc. 2021-16325 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.