Notice2021-26292
Large Diameter Welded Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2018-2020
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
December 3, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that the producers or exporters subject to this administrative review did not make sales of large diameter welded pipe from the Republic of Korea in the United States at prices below normal value (NV) during the period of review (POR), August 27, 2018, through April 30, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 230 (Friday, December 3, 2021)</title>
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[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Notices]
[Pages 68638-68640]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26292]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-897]
Large Diameter Welded Pipe From the Republic of Korea: Final
Results of Antidumping Duty Administrative Review; 2018-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
producers or exporters subject to this administrative review did not
make sales of large diameter welded pipe from the Republic of Korea in
the United States at prices below normal value (NV) during the period
of review (POR), August 27, 2018, through April 30, 2020.
DATES: Applicable December 3, 2021.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Katherine Johnson,
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) 482-6478
or (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 30, 2021, Commerce published the preliminary results of
this administrative review.\1\ The review covers 20 producers or
exporters of subject merchandise. We invited interested parties to
comment on the Preliminary Results. A summary of the events that
occurred since Commerce published the Preliminary Results, as well as a
full discussion of the issues raised by parties for these final
results, are discussed in the Issues and Decision Memorandum.\2\
Commerce conducted this review in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
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\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review;
2018--2020, 86 FR 41010 (July 30, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the 2018-2020 Antidumping Duty Administrative
Review: Diameter Welded Pipe from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Large Diameter Welded Pipe from the Republic of Korea:
Amended Final Affirmative Antidumping Determinations and Antidumping
Duty Orders, 84 FR 18767 (May 2, 2019) (Order); see also Large
Diameter Welded Pipe from the Republic of Korea: Final Results of
Antidumping Duty and Countervailing Duty Changed Circumstances
Reviews, 85 FR 51679 (August 21, 2020).
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The merchandise covered by the Order is welded carbon and alloy
steel pipe (other than stainless steel pipe), more than 406.4 mm (16
inches) in nominal outside diameter (large diameter welded pipe),
regardless of wall thickness, length, surface finish, grade, end
finish, or stenciling. Imports of the product are currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 7305.11.1030, 7305.11.1060, 7305.11.5000,
7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of this
order is dispositive. For a complete description of the scope of the
Order,
[[Page 68639]]
see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed in
Appendix I to this notice.\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 at <a href="http://access.trade.gov/public/FRNoticesListLayout.aspx">http://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Appendix I.
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Changes Since the Preliminary Results
Based on the comments received from interested parties and record
information, we made no changes to our preliminary weighted-average
dumping margin calculations for Hyundai RB Co., Ltd. (Hyundai RB) and
Hyundai Steel Company (Hyundai Steel).
Rate for Non-Examined Respondents
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 calculated a weighted-average dumping margin for
each of the mandatory respondents, Hyundai RB, and 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.\5\ 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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\5\ 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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Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Hyundai RB Co., Ltd......................................... 0.00
Hyundai Steel Company....................................... 0.00
Non-Examined Companies \6\.................................. 0.00
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Disclosure
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\6\ See Appendix II.
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Normally, Commerce discloses to the parties in a proceeding the
calculations that it performed in connection with the final results of
review in accordance with 19 CFR 351.224(b). However, because we made
no changes to our preliminary weighted-average dumping margin
calculations for Hyundai RB and Hyundai Steel, there are no
calculations to disclose.
Assessment Rates
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 these final results of
review.\7\ Because the weighted-average dumping margin for the
companies listed above is zero percent, we intend to instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\8\
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\7\ See 19 CFR 351.212(b).
\8\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012).
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by Hyundai Steel or Hyundai RB for
which these companies did not know that the merchandise that they sold
to an intermediary company (e.g., a reseller, trading company, or
exporter) was destined for the United States. In such instances, we
will instruct CBP to liquidate the unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.\9\
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\9\ 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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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 Requirements
The following 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 in the final results of this review will be equal to the
weighted-average dumping margin established in the final results of
this administrative review (i.e., zero percent); (2) for previously
investigated or reviewed companies not subject to 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 participated; (3) if the exporter is not a firm covered in this
review, a prior 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 the
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other
[[Page 68640]]
producers and exporters will continue to be 7.08 percent ad valorem,
the all-others rate established in the LTFV investigation.\10\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\10\ See Order.
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Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 the 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 a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction 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
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: November 29, 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. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Find a Cost-Based Particular
Market Situation in Korea
Comment 2: Voluntary Respondent Status for SeAH Steel
Corporation
V. Recommendation
Appendix II
Companies Not Selected for Individual Examination
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.
18. WELTECH Co., Ltd.
[FR Doc. 2021-26292 Filed 12-2-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 3, 2021.
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