Notice2021-16726
Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results of Countervailing 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
August 5, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea). The period of review (POR) is June 29, 2018, through December 31, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 148 (Thursday, August 5, 2021)</title>
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[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Pages 42779-42781]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16726]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-898]
Large Diameter Welded Pipe From the Republic of Korea:
Preliminary Results of Countervailing Duty Administrative Review; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of large diameter welded pipe (welded pipe) from the Republic
of Korea (Korea). The period of review (POR) is June 29, 2018, through
December 31, 2019.
DATES: Applicable August 5, 2021.
FOR FURTHER INFORMATION CONTACT: George Ayache or Joseph Dowling, 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) 482-2623 and (202)
482-1646, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2020, Commerce published a notice of initiation of an
administrative review of the countervailing duty (CVD) order on welded
pipe from Korea.\1\ On July 21, 2020, Commerce tolled all deadlines in
administrative reviews by 60 days.\2\ On March 9, 2021, Commerce
extended the deadline for the preliminary results of this review to no
later than July 30, 2021.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 41540 (July 10, 2020) (Initiation
Notice).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2018-2019,''
dated March 9, 2021.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the appendix 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review; 2018-2019:
Large Diameter Welded Pipe 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 merchandise covered by the order is welded pipe. For a complete
description of the scope of the order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\5\ For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Review
The statute and Commerce's regulations do not directly address the
CVD rates to be applied to companies not selected for individual
examination where Commerce limited its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) of the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states
that for companies not investigated, in general, we will determine an
all-others rate by weight-averaging the countervailable subsidy rates
established for each of the companies individually investigated,
excluding zero and de minimis rates or any rates based solely on the
facts available.
We preliminarily determine that Hyundai RB Co., Ltd. (Hyundai RB)
and
[[Page 42780]]
SeAH Steel Corporation (SeAH Steel) received countervailable subsidies
that are above de minimis. Therefore, we preliminarily determine to
apply the weighted average of the net subsidy rates calculated for
Hyundai RB and SeAH Steel using publicly ranged sales data submitted by
the respondents to the non-selected companies. For a list of the 19
companies for which a review was requested, and which were not selected
as mandatory respondents or found to be cross-owned with a mandatory
respondent, see Appendix II to this notice.
Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated an
individual net countervailable subsidy rate for Hyundai RB and SeAH.
Commerce preliminarily determines that, during the POR, the net
countervailable subsidy rates for the producers/exporters under review
are as follows:
------------------------------------------------------------------------
Net
countervailable
Company subsidy rate
(percent ad
valorem)
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Hyundai RB Co., Ltd................................. 1.88
SeAH Steel Corporation \6\.......................... 0.97
Non-Examined Companies Under Review \7\............. 1.10
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Disclosure and Public Comment
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\6\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
SeAH Steel Corporation: SeAH Holdings Corporation and ESAB SeAH
Corporation. The subsidy rates apply to all cross-owned companies.
\7\ See Appendix II.
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We intend to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of this notice.\8\ Interested parties
may submit case briefs no later than 30 days after the date of
publication of the preliminary results.\9\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\10\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit arguments are requested to
submit with the argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. Parties are
reminded that all briefs and hearing requests must be filed
electronically using ACCESS and received successfully in their entirety
by 5:00 p.m. Eastern Time on the due date. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\11\
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020).
\11\ 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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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\12\ 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 time
and date to be determined. Parties should confirm the date and time of
the hearing two days before the scheduled date.
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\12\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in any written briefs, no
later than 120 days after the date of publication of these preliminary
results.
Assessment Rate
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producer/
exporters shown above. Consistent with section 751(a)(1) of the Act and
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, countervailing duties on all appropriate entries covered by
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 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).
Cash Deposit Rate
In accordance with section 751(a)(1) of the Act, Commerce intends,
upon publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
each of the respective companies listed above on shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review. For
all non-reviewed firms, we will instruct CBP to continue to collect
cash deposits of estimated countervailing duties at the most recent
company-specific or all-others rate (9.29 percent) applicable to the
company, as appropriate.\13\ These cash deposit instructions, when
imposed, shall remain in effect until further notice.
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\13\ See Large Diameter Welded Pipe from the Republic of Korea:
Countervailing Duty Order, 84 FR 18773 (May 2, 2019) (Order).
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Notification to Interested Parties
These preliminary results of review are issued and published
pursuant to sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213 and 351.221(b)(4).
Dated: July 30, 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. Period of Review
V. Diversification of Korea's Economy
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
IX. Recommendation
[[Page 42781]]
Appendix II--Table of Rates for Non-Examined Companies Under Review
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Net
countervailable
Company subsidy rate
(percent ad
valorem)
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AJU Besteel Co., Ltd................................ 1.10
Chang Won Bending Co., Ltd.......................... 1.10
Daiduck Piping Co., Ltd............................. 1.10
Dong Yang Steel Pipe Co., Ltd....................... 1.10
Dongbu Incheon Steel Co., Ltd....................... 1.10
EEW KHPC Co., Ltd................................... 1.10
EEW Korea Co., Ltd.................................. 1.10
HiSteel Co., Ltd.................................... 1.10
Husteel Co., Ltd. \14\.............................. 1.10
Hyundai Steel Company \15\.......................... 1.10
Kiduck Industries Co., Ltd.......................... 1.10
Kum Kang Kind. Co., Ltd............................. 1.10
Kumsoo Connecting Co., Ltd.......................... 1.10
Nexteel Co., Ltd.................................... 1.10
Samkang M&T Co., Ltd................................ 1.10
Seonghwa Industrial Co., Ltd........................ 1.10
SIN-E B&P Co., Ltd.................................. 1.10
Steel Flower Co., Ltd............................... 1.10
WELTECH Co., Ltd.................................... 1.10
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\14\ As stated in the Initiation Notice, subject merchandise
both produced and exported by Husteel Co., Ltd. (Husteel) is
excluded from the countervailing duty order. See Order. Thus,
Husteel's inclusion in this administrative review is limited to
entries for which Husteel was the producer or exporter of the
subject merchandise, but not both the producer and exporter.
\15\ As stated in the Initiation Notice, subject merchandise
both produced and exported by Hyundai Steel Company (Hyundai Steel)
and subject merchandise produced by Hyundai Steel and exported by
Hyundai Corporation are excluded from the countervailing duty order.
See Order. Thus, Hyundai Steel's inclusion in this administrative
review is limited to entries for which Hyundai Steel was not the
producer and exporter of the subject merchandise and for which
Hyundai Steel was not the producer and Hyundai Corporation was not
the exporter of subject merchandise.
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[FR Doc. 2021-16726 Filed 8-4-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 5, 2021.
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