Notice2022-02138
Large Diameter Welded Pipe From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2018-2019
Primary source
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Published
February 2, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that producers and/or exporters of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR), June 29, 2018, through December 31, 2019.
Full Text
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<title>Federal Register, Volume 87 Issue 22 (Wednesday, February 2, 2022)</title>
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[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5780-5782]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02138]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-898]
Large Diameter Welded Pipe From the Republic of Korea: Final
Results of Countervailing Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters of large diameter welded pipe (welded pipe)
from the Republic of Korea (Korea) received countervailable subsidies
during the period of review (POR), June 29, 2018, through December 31,
2019.
DATES: Applicable February 2, 2022.
FOR FURTHER INFORMATION CONTACT: George Ayache, 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.
[[Page 5781]]
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2021, Commerce published the Preliminary Results of
this administrative review.\1\ On November 18, 2021, Commerce extended
the deadline for the final results of this review to no later than
January 28, 2022.\2\ For a complete description of the events that
followed the Preliminary Results, see the Issues and Decision
Memorandum.\3\
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\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Preliminary Results of Countervailing Duty Administrative Review;
2018-2019, 86 FR 42779 (August 5, 2021) (Preliminary Results).
\2\ See Memorandum, ``Extension of Deadline for Final Results,''
dated November 18, 2021.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Large Diameter Welded Pipe from the Republic of Korea; 2018-2019,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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We are conducting this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
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\4\ See Large Diameter Welded Pipe from the Republic of Korea:
Countervailing Duty Order, 84 FR 18773 (May 2, 2019) (Order).
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Scope of the Order \4\
The merchandise covered by the Order is welded pipe. For a complete
description of the scope of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed is
attached to this notice at Appendix I. 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="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 our analysis of the case and rebuttal briefs and the
evidence on the record, we made certain changes from the Preliminary
Results. These changes are explained in the Issues and Decision
Memorandum.
Companies Not Selected for Individual Review
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. For the
final results of this review, we determine that only Hyundai RB Co.,
Ltd. (Hyundai RB) received countervailable subsidies that are above de
minimis in both 2018 and 2019. However, because the 2018 subsidy rate
is based entirely on facts available, we are applying the 2019 subsidy
rate calculated for Hyundai RB to the non-selected companies for 2018
and 2019, as it is the only rate calculated for a mandatory respondent
that was above de minimis and not based entirely on facts available.\5\
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.
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\5\ See Issues and Decision Memorandum at Comment 7.
\6\ Commerce has found the following companies to be cross-owned
with SeAH Steel Corporation: SeAH Holdings Corporation and ESAB SeAH
Corporation. SeAH Steel Corporation's subsidy rate applies to each
of its cross-owned companies.
\7\ See Appendix II.
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Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated an
individual net countervailable subsidy rate for Hyundai RB and SeAH
Steel Corporation. Commerce determines that, during the POR, the net
countervailable subsidy rates for the producers/exporters under review
are as follows:
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Subsidy rate for Subsidy rate for
June 29 to January 1 to
Company December 31, 2018 December 31, 2019
(percent ad (percent ad
valorem) valorem)
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Hyundai RB Co., Ltd............... 0.51 0.51.
SeAH Steel Corporation \6\........ 0.24 (de minimis) 0.24 (de
minimis).
Non-Examined Companies Under 0.51 0.51.
Review \7\.......................
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register.\8\
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\8\ See 19 CFR 351.224(b).
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Assessment Rates
Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review, for the above-listed companies at the
applicable ad valorem assessment rates listed for the corresponding
time period (i.e., June 29, 2018, to October 26, 2018, and April 19,
2019, to December 31, 2019). For entries made during the gap period
(i.e., on or after October 27, 2018, through April 18, 2019), we will
continue to instruct CBP to liquidate the entries without regard to
countervailing duties pursuant to section 703(d) of the Act. We intend
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 Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above for 2019, the second year covered by the period of the review, on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of
[[Page 5782]]
publication of the final results of this administrative review.\9\ For
all non-reviewed firms subject to the Order, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific rate or the all-others rate (9.29
percent), as appropriate.\10\ These cash deposit requirements,
effective upon publication of these final results, shall remain in
effect until further notice.
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\9\ See, e.g., Honey from Argentina: Results of Countervailing
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and
accompanying Issues and Decision Memorandum at Issue 4.
\10\ See Order, 84 FR at 18775.
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Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i) of the Act.
Dated: January 27, 2022.
Lisa W. Wang,
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. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
Comment 1: Whether the Government of Korea (GOK) Provided
Electricity for Less than Adequate Remuneration (LTAR)
Comment 2: Whether the Demand Response Resources (DRR) Program
Is Countervailable
Comment 3: Whether the Discount Electricity Charges for Energy
Storage Systems (ESS) Program Is Specific
Comment 4: Whether Restriction of Special Taxation Act (RSTA)
Article 25(1)(6) Is Specific
Comment 5: Whether Restriction of Special Local Taxation Act
(RSLTA) Article 57(2) Is Specific
Comment 6: Whether to Adjust the Calculated Benefit under RSLTA
Article 57(2) to Account for the Payment of the Special Rural
Development Tax (SRDT)
Comment 7: Whether Commerce Should Calculate Separate Ad Valorem
Subsidy Rates for 2018 and 2019
Comment 8: Whether Commerce Should Allocate the Benefits of the
Busan Investment Promotion (BIP) Fund over the AUL
Comment 9: Whether Commerce Erred in Its Allocation Calculation
for the 2007 Grant Programs
Comment 10: Whether Commerce Should Allocate the Benefits
Received Under the Overseas Standard Certification Acquisition
Support (OSCAS) Project over Hyundai RB's Export Sales
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\11\ 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 Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 85 FR
41540, 41551 n.9 (July 10, 2020) (Initiation Notice). 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.
\12\ 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 Initiation Notice, 85 FR at 41551 n.10. 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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VII. Recommendation
Appendix II
Table of Rates for Non-Examined Companies Under Review
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Net countervailable Net countervailable
subsidy rate for June 29 subsidy rate for January
Company to December 31, 2018 1 to December 31, 2019
(percent ad valorem) (percent ad valorem)
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AJU Besteel Co., Ltd........................................ 0.51 0.51
Chang Won Bending Co., Ltd.................................. 0.51 0.51
Daiduck Piping Co., Ltd..................................... 0.51 0.51
Dong Yang Steel Pipe Co., Ltd............................... 0.51 0.51
Dongbu Incheon Steel Co., Ltd............................... 0.51 0.51
EEW KHPC Co., Ltd........................................... 0.51 0.51
EEW Korea Co., Ltd.......................................... 0.51 0.51
HiSteel Co., Ltd............................................ 0.51 0.51
Husteel Co., Ltd \11\....................................... 0.51 0.51
Hyundai Steel Company \12\.................................. 0.51 0.51
Kiduck Industries Co., Ltd.................................. 0.51 0.51
Kum Kang Kind. Co., Ltd..................................... 0.51 0.51
Kumsoo Connecting Co., Ltd.................................. 0.51 0.51
Nexteel Co., Ltd............................................ 0.51 0.51
Samkang M&T Co., Ltd........................................ 0.51 0.51
Seonghwa Industrial Co., Ltd................................ 0.51 0.51
SIN[hyphen]E B&P Co., Ltd................................... 0.51 0.51
Steel Flower Co., Ltd....................................... 0.51 0.51
WELTECH Co., Ltd............................................ 0.51 0.51
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[FR Doc. 2022-02138 Filed 2-1-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 2, 2022.
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