Notice2021-26465
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
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Published
December 7, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that circular welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea) was sold at prices below normal value. The period of review (POR) is November 1, 2019, through October 31, 2020. We invite interested parties to comment on these preliminary results.
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<title>Federal Register, Volume 86 Issue 232 (Tuesday, December 7, 2021)</title>
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[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69225-69227]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26465]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
circular welded non-alloy steel pipe (CWP) from the Republic of Korea
(Korea) was sold at prices below normal value. The period of review
(POR) is November 1, 2019, through October 31, 2020. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 7, 2021.
FOR FURTHER INFORMATION CONTACT: Dusten Hom and Richard Roberts, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington DC 20230; telephone: (202) 482-5075 and (202) 482-3464,
respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results are made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this administrative review on
January 6, 2021.\1\ Commerce selected Husteel Co., Ltd. (Husteel) and
Hyundai Steel Company (Hyundai Steel) as the two mandatory respondents
in this review.\2\ On July 2, 2021, Commerce extended the time limit
for issuing the preliminary results of this review by 120 days, to no
later than November 30, 2021.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 511 (January 6, 2021).
\2\ See Memorandum, ``Antidumping Duty Administrative Review of
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Respondent Selection,'' dated February 18, 2021.
\3\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Extension of Deadline for Preliminary Results
of 2019-2020 Antidumping Administrative Review,'' dated July 2,
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
[[Page 69226]]
included in the Preliminary Decision Memorandum is included as Appendix
I 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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments: Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea: 2019-2020,'' dated concurrently with
these preliminary results and hereby adopted by this notice
(Preliminary Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ See Notice of Antidumping Duty Orders: Certain Circular
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea
(Korea), Mexico, and Venezuela, and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy
Steel Pipe from Korea, 57 FR 49453 (November 2, 1992) (Order).
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The merchandise subject to the Order is CWP from Korea. A full
description of the scope, see the Preliminary Decision Memorandum.\6\
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\6\ For a full description of the scope of the Order, see
Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Constructed export prices have been calculated in
accordance with section 772(b) of the Act. Normal value is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying these preliminary results, see the
Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
On February 5, 2021, HiSteel Co., Ltd (HiSteel) submitted a letter
certifying that it had no exports or sales of subject merchandise into
the United States during the POR.\7\ U.S. Customs and Border Protection
(CBP) did not have any information to contradict this claim of no
shipments during the POR.\8\ Therefore, we preliminarily determine that
HiSteel did not have any shipments of subject merchandise during the
POR. Consistent with Commerce's practice, we will not rescind the
review with respect to HiSteel but will complete the review and issue
instructions to CBP based on the final results.
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\7\ See HiSteel's Letter, ``Administrative Review of the
Antidumping Duty Order on Circular Welded Non-Alloy Steel Pipe from
Korea for the 2019-20 Review Period--No Shipments Letter,'' dated
February 5, 2021.
\8\ See Memorandum, ``Welded Non-Alloy Steel Pipe from the
Republic of Korea (A-580-809), No Shipment Inquiry for HiSteel Co.,
Ltd. during the period 11/01/2019 through 10/31/2020,'' dated
November 8, 2021
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Rate for Non-Selected Companies
The statute and Commerce's regulations do not address the 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
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 or de minimis margins, and any margins determined
entirely {on the basis of facts available{time} .'' In this review, we
preliminarily calculated dumping margins for the two mandatory
respondents, Hyundai Steel and Husteel, of 1.97 and 4.07 percent,
respectively, and we have assigned to the non-selected companies a rate
of 3.21 percent, which is the weighted-average dumping margins of
Husteel and Hyundai Steel weighted by their publicly ranged U.S. sales
values.\9\
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\9\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the dumping margins calculated
for the examined respondents; (B) a simple average of the dumping
margins calculated for the examined respondents; and (C) a weighted-
average of the dumping margins calculated for the examined
respondents using each company's publicly-ranged U.S. sale
quantities for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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Preliminary Results of the Administrative Review
Commerce preliminarily finds that the following weighted-average
dumping margins exist for the period November 1, 2019, through October
31, 2020:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Husteel Co., Ltd............................................ 4.07
Hyundai Steel Company \10\.................................. 1.97
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Review-Specific Average Rate Applicable to the Following Companies
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Other Respondents \11\...................................... 3.21
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Disclosure
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\10\ This company is also known as Hyundai Steel Corporation;
Hyundai Steel; and Hyundai Steel (Pipe Division).
\11\ See Appendix II for a full list of these companies.
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We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice in accordance with 19 CFR
351.224(b).
Public Comment
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. 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.\12\ Commerce modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\13\ 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.\14\ Executive summaries should be limited to five pages
total, including footnotes. Case and rebuttal briefs should be filed
using ACCESS \15\ and must be served on interested parties.\16\ 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.
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\12\ See 19 CFR 351.309(d).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See generally 19 CFR 351.303.
\16\ See 19 CFR 351.303(f).
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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. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system,
[[Page 69227]]
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\17\ 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. If a request
for a hearing is made, Commerce intends to hold the hearing at a time
and date to be determined. Issues raised in the hearing will be limited
to those raised in the briefs. Parties should confirm the date, time,
and location of the hearing two days before the scheduled date.
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\17\ See 19 CFR 351.310(c).
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Unless the deadline is extended, Commerce intends to issue the
final results of this revies, including the results of its analysis of
issues raised by parties in their comments, within 120 days after the
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review. If an examined respondent's weighted-average dumping
margin is above de minimis (i.e., 0.5 percent) in the final results of
this review, we will calculate importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of antidumping
duties calculated for the examined sales to the total entered value of
the examined sales to that importer, and we will instruct CBP to assess
antidumping duties on all appropriate entries covered by this. 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 entries of subject merchandise during the POR produced by
Husteel or Hyundai Steel for which they did not know that the
merchandise was destined to the United States and for all entries
attributed to HiSteel, for which we found no shipments during the POR,
we will instruct CBP to liquidate those entries at the all-others rate
if there is no rate for the intermediate company(ies) involved in the
transaction.\18\
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\18\ 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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For the companies that were not selected for individual review, we
intend to assign an assessment rate based on the methodology described
in the ``Rates for Non-Examined Companies'' section. The final results
of this review shall be the basis for the assessment of antidumping
duties on entries of merchandise covered by this review where
applicable.
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 cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of CWP from Korea entered, or
withdrawn from warehouse, for consumption on or after the date of
publication as provided by section 751(a)(2) of the Act: (1) The cash
deposit rate for companies subject to this review will be the rates
established in the final results of this administrative review; (2) for
merchandise exported by a company not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original investigation but the producer
is, then the cash deposit rate will be the rate established for the
most recent period for the producer of the merchandise; (4) the cash
deposit rate for all other producers or exporters will continue to be
4.80 percent,\19\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\19\ See Order.
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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 double
antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(4).
Dated: November 30, 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 Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rates for Non-Examined Companies
V. Preliminary Determination of No Shipments
VI. Affiliation
VII. Discussion of the Methodology
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
Appendix II--List of Companies Not Individually Examined
1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine Engineering (Dsme)
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel \20\
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\20\ This company is also known as Dongbu Steel Co., Ltd.
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9. Eew Korea Company
10. Hyundai Rb
11. Kiduck Industries
12. Kum Kang Kind
13. Kumsoo Connecting
14. Miju Steel Mfg.\21\
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\21\ This company is also known as Miju Steel Manufacturing.
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15. Nexteel Co., Ltd.\22\
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\22\ This company is also known as Nexteel.
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16. Samkang M&T
17. Seah Fs
18. Seah Steel \23\
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\23\ This company is also known as Seah Steel Corporation.
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19. Steel Flower
20. Vesta Co., Ltd.
21. Ycp Co.
[FR Doc. 2021-26465 Filed 12-6-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 7, 2021.
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