Notice2022-07445
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2019-2020
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
April 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), September 1, 2019, through August 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 67 (Thursday, April 7, 2022)</title>
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[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Notices]
[Pages 20390-20392]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07445]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-880]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR), September 1, 2019, through August 31, 2020.
DATES: Applicable April 7, 2022.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Jacob Garten, 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) 482-4682 or (202)
482-3342, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers two producers and exporters of the subject
merchandise.\1\ Commerce selected Dong-A Steel Co., Ltd., (DOSCO) and
HiSteel Co., Ltd., (HiSteel) for individual examination. On October 6,
2021, Commerce published the Preliminary Results.\2\ In November and
December 2021, the petitioner,\3\ DOSCO, and HiSteel submitted case and
rebuttal briefs.\4\ For a description of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\5\ On
January 14, 2022, Commerce extended the deadline for the final results
of this administrative review until April 1, 2022.\6\
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\1\ We received a timely submission withdrawing all review
requests for 27 companies; we rescinded the review with respect to
these companies. See Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Korea: Rescission of
Antidumping Duty Administrative Review; 2019-2020, in Part, 86 FR
14075 (March 12, 2021).
\2\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea: Preliminary Results of Antidumping
Duty Administrative Review; 2019-2020, 86 FR 55582 (October 6, 2021)
(Preliminary Results).
\3\ The petitioner is Nucor Tubular Products Inc.
\4\ See Petitioner's Letter, ``Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from South Korea: Nucor Tubular's Case
Brief,'' dated November 17, 2021; DOSCO's Letter, ``Administrative
Review of the Antidumping Order on Heavy Walled Rectangular Carbon
Steel Pipe and Tube from Korea--Case Brief of Dong-A-Steel Co., Ltd
and SeAH Steel Corporation,'' dated November 17, 2021; HiSteel's
Letter, ``Administrative Review of the Antidumping Order on Heavy
Walled Rectangular Carbon Steel Pipe and Tube from Korea--Case Brief
of HiSteel Co., Ltd.,'' dated November 17, 2021; DOSCO and HiSteel's
Joint Letter, ``Administrative Review of the Antidumping Order on
Heavy Walled Rectangular Carbon Steel Pipe and Tube from Korea--
Rebuttal Brief of Dong-A-Steel Co., Ltd and HiSteel Co. Ltd.,''
dated December 3, 2021; DOSCO's Letter, ``Administrative Review of
the Antidumping Order on Heavy Walled Rectangular Carbon Steel Pipe
and Tube from Korea--Rebuttal Brief of Dong-A-Steel Co., Ltd and
SeAH Steel Corporation,'' dated December 3, 2021; HiSteel's Letter,
``Administrative Review of the Antidumping Order Heavy Walled
Rectangular Carbon Steel Pipe and Tube from Korea--Rebuttal Brief of
HiSteel Co. Ltd.,'' dated December 3, 2021. In February 2022, DOSCO
and HiSteel, and the petitioner filed redacted briefs based on
Commerce's request to remove untimely new factual information. See
DOSCO and HiSteel's Letter, ``Administrative Review of the
Antidumping Order on Heavy Walled Rectangular Carbon Steel Pipe and
Tube from Korea--Redacted Case Brief of Dong-A-Steel Co., Ltd. and
HiSteel Co. Ltd.,'' dated February 25, 2022; and Petitioner's
Letter, ``Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from South Korea: Nucor Tubular's Rebuttal Brief
Resubmission,'' dated February 24, 2022.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Administrative Review of the
Antidumping Duty Order on Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, these results (Issues and
Decision Memorandum).
\6\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea: Extension of
Deadline for Final Results of the 2019-2020 Antidumping Duty
Administrative Review,'' dated January 14, 2022.
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>7</SUP>
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\7\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Antidumping Duty Orders, 81 FR 62865 (September 13, 2016)
(Order).
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The products covered by the Order are certain heavy walled
rectangular welded steel pipes and tubes from the Republic of Korea
(Korea). Products subject to the order are currently classified under
the Harmonized Tariff Schedule of the United States (HTSUS) item number
7306.61.1000. Subject merchandise may also be classified under
7306.61.3000. Although the HTSUS numbers and ASTM specification are
provided for convenience and for customs purposes, the written product
description remains dispositive.\8\
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\8\ For a full description of the scope of the Order, see Issues
and Decision Memorandum.
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[[Page 20391]]
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. 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="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 preliminary weighted-average margin calculations for
DOSCO and HiSteel. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum.\9\
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\9\ See Issues and Decision Memorandum.
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Final Results of the Review
We assigned the following weighted-average dumping margins to the
firms listed below for the period September 1, 2019, through August 31,
2020:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Dong-A Steel Co., Ltd \10\.................................. 1.61
HiSteel Co., Ltd............................................ 10.24
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We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b).
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\10\ In the prior administrative review, Commerce collapsed
Dong-A Steel Co., Ltd., with its affiliated producer SeAH Steel
Corporation, and we continue to treat these companies as a single
entity, in accordance with 19 CFR 351.401(f). See Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of
Korea: Final Results of Antidumping Duty Administrative Review;
2018-2019, 86 FR 35060, 35061 (July 1, 2021).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of 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), where the respondent did
not report entered value, we calculated the entered value in order to
calculate the assessment rate. Where 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 rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties. In accordance with Commerce's practice, for
entries of subject merchandise during the POR for which the reviewed
companies did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate such entries at the all-
others rate if there is no company-specific 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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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.\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 section 751(a)(2)(C) of the Act.
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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 that 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 companies not participating in this review, the cash
deposit will continue to be the company-specific rate published for the
most recently completed segment of this proceeding; (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, then the cash
deposit rate will be the rate established for the most recent segment
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 3.24
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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding 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
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: April 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of Issues
General Issues
Comment 1: Existence of a Particular Market Situation (PMS)
Comment 2: Differential Pricing
DOSCO-Specific Issues
[[Page 20392]]
Comment 3: Valuation of SeAH Steel Corporation (SeAH Steel)'s
Hot Rolled Coil (HRC) Purchases
Comment 4: Calculation of DOSCO's General and Administrative
(G&A) Expenses
Comment 5: Calculation of DOSCO's Scrap Offset Adjustment
Comment 6: SeAH Steel's Headquarters Inventory Valuation Losses
Comment 7: Error in Calculating Value of Services DOSCO Obtained
from SeAH Steel Holdings Corporation (SSHC)
Comment 8: Treatment of Unrecovered Expenses of DOSCO's
Corporate Parent
Comment 9: Treatment of Unrecovered Expenses of SeAH Holdings
Corporation (SHC) and Other Affiliates
Comment 10: Allocation of Expenses between G&A and Indirect
Selling Expenses (ISE)
Comment 11: Treatment of Miscellaneous Income in Calculation of
DOSCO's G&A Expense Ratio
Comment 12: Adjustments to SeAH Steel's Costs Due to
Reconciliation Discrepancy
Comment 13: Adjustments to the Calculation of the Consolidated
Financial Expense Ratio
Comment 14: Adjustments to DOSCO's and SeAH Steel's Reported
Scrap Offsets
Comment 15: Adjustments to DOSCO's G&A Expense Calculation
Comment 16: Calculation of DOSCO's Consolidated Financial
Expense Ratio
Comment 17: Treatment of Reworked Merchandise in Regard to SeAH
Steel's Reported Costs
HiSteel-Specific Issues
Comment 18: Allocation of Common Expenses for HiSteel
Comment 19: Financial Expense Ratio
Comment 20: Transactions-Disregarded Rule
Comment 21: Adjustment to HiSteel's Reported Scrap Offset
Comment 22: HiSteel's G&A Expense Ratio
VI. Recommendation
[FR Doc. 2022-07445 Filed 4-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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