Notice2022-07503
Certain Oil Country Tubular Goods From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 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 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that certain producers/exporters subject to this review made sales of oil country tubular goods (OCTG) from the Republic of Korea (Korea) at less than normal value during the period of review (POR), September 1, 2019, through August 31, 2020, and that HiSteel Co., Ltd. (HiSteel) had no shipments of subject merchandise to the United States during the POR.
Full Text
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<title>Federal Register, Volume 87 Issue 68 (Friday, April 8, 2022)</title>
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[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20815-20817]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07503]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
producers/exporters subject to this review made sales of oil country
tubular goods (OCTG) from the Republic of Korea (Korea) at less than
normal value during the period of review (POR), September 1, 2019,
through August 31, 2020, and that HiSteel Co., Ltd. (HiSteel) had no
shipments of subject merchandise to the United States during the POR.
DATES: Applicable April 8, 2022.
FOR FURTHER INFORMATION CONTACT: Mark Flessner or Frank Schmitt, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6312, or (202) 482-4880,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 5, 2021, Commerce published the Preliminary Results of
this administrative review.\1\ We invited interested parties to comment
on the Preliminary Results. Between November 9, 2021, and November 22,
2021, Commerce received timely filed case briefs and rebuttal briefs
from various interested parties.\2\ On December 29, 2021, we extended
the deadline for the final results until April 1, 2022.\3\ The final
results cover 33 companies.\4\ 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 Certain Oil Country Tubular Goods from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2019-2020, 86 FR
54928 (October 5, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See SeAH Steel Corporation (SeAH)'s Letter, ``Administrative
Review of the Antidumping Order on Oil Country Tubular Goods from
Korea--Case Brief of SeAH Steel Corporation,'' dated November 9,
2021; see also Husteel Co., Ltd. (Husteel)'s Letter, ``Oil Country
Tubular Goods from Republic of Korea, Case No. A-580-870: Letter in
Lieu of Case Brief,:'' dated November 9, 2021; AJU Besteel Co.,
Ltd., (AJU Besteel)'s Letter, ``Certain Oil Country Tubular Goods
from the Republic of Korea--Letter in Support of Case Briefs,''
dated November 9, 2021; ILJIN Steel Corporation (ILJIN)'s Letter,
``Certain Oil Country Tubular Goods from the Republic of Korea--
Letter in Support of Case Brief,'' dated November 9, 2021; Hyundai
Steel Company (Hyundai Steel)'s Letter, ``Certain Oil Country
Tubular Goods from the Republic of Korea--Case Brief,'' dated
November 9, 2021; United States Steel Corporation, Vallourec Star
L.P., and Welded Tube USA (collectively, Domestic Interested
Parties)' Letter, ``Oil Country Tubular Goods from the Republic of
Korea: Case Brief of Domestic Interested Parties,'' dated November
9, 2021; SeAH's Letter, ``Administrative Review of the Antidumping
Duty Order on Oil Country Tubular Goods from Korea--Rebuttal Brief
of SeAH Steel Corporation,'' dated November 22, 2021; Husteel's
Letter, ``Oil Country Tubular Goods from the Republic of Korea, Case
No. A-580-870: Husteel's Case Brief,'' dated November 22, 2021; see
AJU Besteel's Letter, ``Certain Oil Country Tubular Goods from the
Republic of Korea--Letter in Support of Rebuttal Briefs,'' dated
November 22, 2021; ILJIN's Letter, ``Certain Oil Country Tubular
Goods from the Republic of Korea--Letter in Support of Rebuttal
Briefs,'' dated November 22, 2021; NEXTEEL Co., Ltd. (NEXTEEL)'s
Letter, ``Certain Oil Country Tubular Goods from the Republic of
Korea: NEXTEEL's Letter in Support of Respondents' Rebuttal
Briefs,'' dated November 22, 2021; Hyundai Steel's Letter, ``Certain
Oil Country Tubular Goods from the Republic of Korea--Rebuttal
Brief,'' dated November 22, 2021; and Domestic Interested Parties'
Letter, ``Oil Country Tubular Goods from the Republic of Korea:
Rebuttal Brief of Domestic Interested Parties,'' dated November 22,
2021.
\3\ See Memorandum, ``Oil Country Tubular Goods from the
Republic of Korea: Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review, 2019-2020,'' dated December
29, 2021.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 68840 (October 30, 2020). The 33
companies consist of two mandatory respondents, 30 companies not
individually examined, and one company that had no shipments.
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For a complete description of the events that followed the
Preliminary Results of this administrative review, see the Issues and
Decision Memorandum.\5\ 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>. Additionally, a complete version of the Issues and
Decision Memorandum can be accessed at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Administrative Review of the
Antidumping Duty Order on Certain Oil Country Tubular Goods 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>6</SUP>
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\6\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil
Country Tubular Goods from the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value, 79 FR
53691 (September 10, 2014) (Order).
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The merchandise covered by the Order is certain OCTG. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this review are addressed in the Issues and
Decision Memorandum and listed in the appendix to this notice.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the margin calculations for Hyundai Steel. For a discussion
of these changes, see the ``Margin Calculations'' section of the Issues
and Decision Memorandum. We did not make changes to the margin
calculations for SeAH.
Determination of No Shipments
In the Preliminary Results, Commerce found that HiSteel did not
have shipments of subject merchandise to the United States during the
POR. No parties commented on this determination. Accordingly, for the
final results of review, we continue to find that Histeel made no
shipments of subject merchandise to the United States during the POR.
Consistent with Commerce's practice,\7\ we intend to instruct U.S.
Customs and Border Protection (CBP) to liquidate any existing entries
of subject merchandise produced by HiSteel, but exported by other
parties, at the rate for the intermediate reseller, if available, or at
the all-others rate of 5.24 percent.\8\
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\7\ See, e.g., Certain Corrosion-Resistant Steel Products from
Taiwan: Final Results of the Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2018-2019, 86 FR 28554 (May
27, 2021).
\8\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Notice of Court Decision Not in Harmony with Final
Determination, 81 FR 59603 (August 30, 2016).
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Final Results of Administrative Review
For these final results, Commerce determines that the following
weighted-average dumping margins exist for the
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period September 1, 2019, through August 31, 2020:
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Weighted-
average
Producer/exporter dumping
margins
(percent)
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Hyundai Steel Company....................................... 19.54
SeAH Steel Corporation...................................... 3.85
Non-examined companies \9\.................................. 11.70
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Rate for Non-Examined Companies
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\9\ See Appendix II for a full list of these companies.
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For the rate for non-selected respondents in an administrative
review, 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. 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} .'' For these final
results, we calculated dumping margins for the two mandatory
respondents, Hyundai Steel and SeAH, of 19.54 and 3.85 percent,
respectively. Therefore, we have assigned to the non-selected companies
a rate of 11.70 percent, which is the simple average of Hyundai Steel's
and SeAH's margins.\10\
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\10\ Commerce was unable to compare a simple average to a
weighted-average relative to publicly available data because public
data for volume of U.S. sales were not available for both
respondents.
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review for Hyundai Steel within five days of the date
of publication of this notice in the Federal Register, in accordance
with 19 CFR 351.224(b). Because no changes were made to SeAH's margins
since the Preliminary Results, no disclosure of SeAH's calculations is
necessary for these final results.
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, CBP shall assess, antidumping duties on all
appropriate entries of subject merchandise in accordance with the final
results of this review.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\11\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer- (or customer-) specific assessment rates based on
the resulting per-unit rates.\12\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\13\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\14\
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\11\ See 19 CFR 351.212(b)(1).
\12\ Id.
\13\ Id.
\14\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rates for Non-Examined Companies'' section, above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by SeAH, Hyundai Steel, or
the non-examined companies for which the producer did not know that its
merchandise was destined for the United States, 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.\15\
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\15\ 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.\16\ 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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\16\ See Notice of Discontinuation Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of 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 for by section 751(a)(2)(C)
of the Act: (1) The cash deposit rates for the companies listed in
these final results will be equal to the weighted-average dumping
margins established in the final results of this review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of this proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment in which the company was
reviewed; (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 this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 5.24 percent,\17\ the all-others rate established in the LTFV
investigation. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\17\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Notice of Court Decision Not in Harmony with Final
Determination, 81 FR 59603 (August 30, 2016).
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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 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 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
[[Page 20817]]
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
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h) and 19 CFR 351.221(b)(5).
Dated: April 1, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Final Determination of No Shipments
V. Changes Since the Preliminary Results
VI. Rate for Non-Examined Companies
VII. Discussion of the Issues
General Issues
Comment 1: Particular Market Situation
Comment 2: Differential Pricing
Hyundai Steel-Specific Issues
Comment 3: CV Profit and Selling Expenses
Comment 4: CV Profit Cap
Comment 5: Source for CEP Profit
Comment 6: Inland Freight From Port to Warehouse
Comment 7: Adjustment to HSU G&A Expense Ratio and Treatment of
Scrap
Comment 8: HSU Financials and AFA
Comment 9: Reporting of Non-API Grade OCTG and AFA
Comment 10: Further Manufacturing Yield
Comment 11: Warehousing Expense and Facts Available
Comment 12: Expenses Incurred in the United States
Comment 13: Allocation of Indirect Selling Expense Ratio
Comment 14: Use of Prior POR Cost Data
Comment 15: Affiliated Ocean Freight Costs
SeAH-Specific Issues
Comment 16: Constructed Export Price (CEP) Offset
Comment 17: Freight Revenue Cap
Comment 18: Calculation of General and Administrative (G&A)
Expenses Incurred by SeAH's U.S. Affiliate
VII. Recommendation
Appendix II
List of Companies Not Individually Examined
1. AJU Besteel Co., Ltd.
2. DB Inc.
3. Dong-A Steel Co., Ltd.
4. FM Oilfield Services Solutions LLC
5. Hengyang Steel Tube Group International Trading Inc.
6. Husteel Co., Ltd.
7. Hyundai Corporation
8. Hyundai Heavy Industries Co., Ltd.
9. ILJIN Steel Corporation
10. K Steel Corporation
11. KASCO
12. Kenwoo Metals Co., Ltd.
13. Kukje Steel Co., Ltd.
14. Kumkang Kind Co., Ltd.
15. Kumsoo Connecting Co., Ltd.
16. Master Steel Corporation
17. NEXTEEL Co., Ltd.
18. POSCO International Corporation
19. Pusan Coupling Corporation
20. Pusan Fitting Corporation
21. Sang Shin Industrial Co., Ltd. (a.k.a. SIC Tube Co., Ltd.)
22. SeAH Changwon Integrated Special Steel Co., Ltd.
23. Shin Steel Co., Ltd.
24. Sichuan Y&J Industries Co. Ltd.
25. Steel-A Co., Ltd.
26. Sungwon Steel Co., Ltd.
27. TGS Pipe Co., Ltd.
28. TJ Glovsteel Co., Ltd.
29. TPC Co., Ltd.
30. T-Tube Co., Ltd.
[FR Doc. 2022-07503 Filed 4-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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