Notice2021-22997
Welded Line Pipe 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
October 21, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) finds that the producers/exporters subject to this administrative review did not make sales of subject merchandise at less than normal value during the period of review (POR) December 1, 2018, through November 30, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 201 (Thursday, October 21, 2021)</title>
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[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Notices]
[Pages 58253-58255]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22997]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-876]
Welded Line Pipe 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) finds that the
producers/exporters subject to this administrative review did not make
sales of subject merchandise at less than normal value during the
period of review (POR) December 1, 2018, through November 30, 2019.
DATES: Applicable October 21, 2021.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Adam Simons, 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) 482-4136 or (202)
482-6172, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers 30 producers/exporters of the subject
merchandise. Commerce selected two companies, NEXTEEL Co., Ltd.
(NEXTEEL) and SeAH Steel Corporation (SeAH), for individual
examination.\1\ The producers/exporters not selected for individual
examination are listed in Appendix II.
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\1\ See Memorandum, ``2018-2019 Antidumping Duty Administrative
Review of Welded Line Pipe from the Republic of Korea: Respondent
Selection,'' dated March 2, 2020.
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On April 20, 2021, Commerce published the Preliminary Results and
invited parties to comment on the Preliminary Results.\2\ On May 20,
2021, we received case briefs from the Domestic Interested Parties,\3\
NEXTEEL, and SeAH. On June 1, 2021, we received rebuttal briefs from
the Domestic Interested Parties, NEXTEEL, SeAH, and Husteel Co., Ltd.
On July 29, 2021, we postponed the final results to no later than
October 15, 2021.\4\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\5\
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\2\ See Welded Line Pipe from the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review; 2018-2019, 86 FR
20484, 20486 (April 20, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\3\ The Domestic Interested Parties are California Steel
Industries; Welspun Tubular LLC USA; Stupp Corporation; American
Cast Iron Pipe Company; Maverick Tube Corporation; and IPSCO
Tubulars Inc.
\4\ See Memorandum, ``Welded Line Pipe from the Republic of
Korea: Extension of Time Limit for Final Results of 2018-2019
Antidumping Duty Administrative Review,'' dated July 29, 2021.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Administrative Review of the
Antidumping Duty Order on Welded Line Pipe from Korea,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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[[Page 58254]]
Scope of the Order
The merchandise subject to the Order is welded line pipe.\6\ The
product is currently classified under the following Harmonized Tariff
Schedule of the United States (HTSUS) item numbers: 7305.11.1030,
7305.11.1060, 7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000,
7305.19.1030, 7305.19.5000, 7306.19.1010, 7306.19.1050, 7306.19.5110,
and 7306.19.5150. Although the HTSUS numbers are provided for
convenience and for customs purposes, the written product description
remains dispositive.
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\6\ For a complete description of the scope of the order, see
the Issues and Decision Memorandum; see also Welded Line Pipe from
the Republic of Korea and the Republic of Turkey: Antidumping Duty
Orders, 80 FR 75056, 75057 (December 1, 2015) (Order).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in
Appendix I to this notice and addressed in the Issues and Decision
Memorandum. Interested parties can find a complete discussion of these
issues and the corresponding recommendations in this public memorandum,
which 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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 calculation of the preliminary weighted-average dumping
margin for NEXTEEL.\7\ These changes, however, did not result in a
change to the weighted-average dumping margin calculated for NEXTEEL
from the Preliminary Results.
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\7\ See Issues and Decision Memorandum at 3. We made no changes
to the calculation of SeAH's preliminary weighted-average dumping
margin.
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Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margins for the period December 1, 2018, through
November 30, 2019:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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NEXTEEL Co., Ltd........................................ 0.00
SeAH Steel Corporation.................................. 0.00
Companies Not Selected for Individual Review \8\........ 0.00
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Review-Specific Rate for Companies Not Selected for Individual Review
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\8\ 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 examined, excluding any margins that are
zero or de minimis margins, and any margins determined entirely {on
the basis of facts available{time} .'' For these final results, we
have calculated weighted-average dumping margins for NEXTEEL and
SeAH that are zero or de minimis, and we have not calculated any
margins which are not zero, de minimis, or determined entirely on
the basis of facts available. Accordingly, we have assigned to the
companies not individually examined a margin of zero percent. The
exporters/producers subject to this review, but not selected for
individual review, are listed in Appendix II.
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The dumping margins for the exporters/producers not selected for
individual review are listed in Appendix II.
Disclosure of Calculations
We intend to disclose the calculations performed for NEXTEEL in
connection with these final results to interested parties within five
days of the date of publication of this notice, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (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), NEXTEEL reported the entered
value of its U.S. sales such that we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. SeAH did not report
actual entered value for all of its U.S. sales; in such instances, we
calculated importer-specific per-unit duty assessment rates by
aggregating the total amount of antidumping duties calculated for the
examined sales and dividing this amount by the total quantity of those
sales. Where either 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 assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
For the companies which were not selected for individual review,
because we are assigning these companies an assessment rate based on
the deposit rate calculated for NEXTEEL and SeAH,\9\ we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties. 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.\10\
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\9\ See supra at n.11.
\10\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by NEXTEEL or SeAH for
which the reviewed companies did not know that the merchandise they
sold to the intermediary (e.g., a reseller, trading company, or
exporter) was destined for the United States. In such instances, 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.\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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Consistent with its recent notice,\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 Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 884 (January
15, 2021).
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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 each specific
company listed above will be equal to the weighted-average dumping
margin
[[Page 58255]]
that is 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 or reviewed companies not
listed above, 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 participated; (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, the cash deposit rate
will be the cash deposit rate established for the most recently
completed segment for the producer of the subject merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 4.38 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 Order.
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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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
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
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: October 15, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
Comment 1: Existence of a Particular Market Situation
Comment 2: Differential Pricing Methodology
Comment 3: Non-Prime Costs for NEXTEEL
Comment 4: Suspended Production Loss for NEXTEEL
Comment 5: Billing Adjustments for NEXTEEL
Comment 6: Capping of Freight Revenue for SeAH
Comment 7: G&A Expense Adjustment for State Pipe & Supply, Inc.
Comment 8: SeAH's Constructed Export Price Offset Claim
V. Recommendation
Appendix II--Review-Specific Average Rate Applicable to Companies Not
Selected for Individual Review
1. AJU Besteel Co., Ltd.
2. Daewoo International Corporation
3. Dong Yang Steel Pipe
4. Dongbu Incheon Steel Co.
5. Dongbu Steel Co., Ltd.
6. Dongkuk Steel Mill
7. EEW Korea Co., Ltd.
8. HISTEEL Co., Ltd.
9. Husteel Co., Ltd.
10. Hyundai RB Co. Ltd.
11. Hyundai Steel Company/Hyundai HYSCO
12. Keonwoo Metals Co., Ltd.
13. Kolon Global Corp.
14. Korea Cast Iron Pipe Ind. Co., Ltd.
15. Kurvers Piping Italy S.R.L.
16. Miju Steel MFG Co., Ltd.
17. MSTEEL Co., Ltd.
18. Poongsan Valinox (Valtimet Division)
19. POSCO
20. POSCO Daewoo
21. R&R Trading Co. Ltd.
22. Sam Kang M&T Co., Ltd.
23. Sin Sung Metal Co., Ltd.
24. SK Networks
25. Soon-Hong Trading Company
26. Steel Flower Co., Ltd.
27. TGS Pipe
28. Tokyo Engineering Korea Ltd.
[FR Doc. 2021-22997 Filed 10-20-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 21, 2021.
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