Notice2022-11956
Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission; 2020-2021
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
June 3, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that Hyundai RB Co., Ltd. (Hyundai RB) made sales of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) at prices below normal value (NV), while Hyundai Steel Company (Hyundai Steel) did not make sales of the subject merchandise at prices below NV during the period of review (POR), May 1, 2020, through April 30, 2021. Commerce further determines that sales by the non-examined companies were made at prices below NV. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 107 (Friday, June 3, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Pages 33723-33725]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11956]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-897]
Large Diameter Welded Pipe From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Hyundai RB Co., Ltd. (Hyundai RB) made sales of large diameter
welded pipe (welded pipe) from the Republic of Korea (Korea) at prices
below normal value (NV), while Hyundai Steel Company (Hyundai Steel)
did not make sales of the subject merchandise at prices below NV during
the period of review (POR), May 1, 2020, through April 30, 2021.
Commerce further determines that sales by the non-examined companies
were made at prices below NV. We invite interested parties to comment
on these preliminary results.
DATES: Applicable June 3, 2022.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Samantha Kinney,
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) 482-4929
or (202) 482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2019, Commerce published the antidumping duty order on
welded pipe from Korea.\1\ On July 6, 2021, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an administrative review of the
Order.\2\
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Amended Final Affirmative Antidumping Determination and Antidumping
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 35481 (July 6, 2021).
---------------------------------------------------------------------------
Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act), on December 29, 2021, Commerce determined that it
was not practicable to complete the preliminary results of this review
within 245 days and extended the deadline for the preliminary results
of this review by 120 days, until May 31, 2022.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated
December 29, 2021.
---------------------------------------------------------------------------
For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
The Preliminary Decision Memorandum is a public document and is
available 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 found at https://
[[Page 33724]]
access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Large Diameter Welded Pipe from the
Republic of Korea: Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is welded pipe from Korea. For a
full description of the scope, see the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. On
October 4, 2021, the Domestic Interested Party \5\ timely withdrew its
request for reviews of EM Solution Co., Ltd.; Hansol Metal Co., Ltd.;
Hawin; Hyosung; POSCO; and Samkang M&T Co., Ltd.\6\ Because there was a
timely withdrawal of all requests for review of these six companies, we
are rescinding this review with respect to these companies, pursuant to
19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\5\ The Domestic Interested Party is the American Line Pipe
Producers Association Trade Committee.
\6\ See Domestic Interested Party's Letter, ``Partial Withdrawal
of Request for Administrative Review,'' dated October 4, 2021.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of topics included in the Preliminary Decision Memorandum is
included as Appendix I to this notice.
Rate for Non-Selected Companies
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, the preliminary weighted-average dumping margin for
Hyundai RB is not zero, de minimis, or based entirely on facts
otherwise available, whereas Hyundai Steel's preliminary weighted-
average dumping margin is zero. Therefore, Commerce has preliminarily
assigned a weighted-average dumping margin to the non-examined
companies that is equal to the weighted-average dumping margin for
Hyundai RB in accordance with its practice.\7\
---------------------------------------------------------------------------
\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; 2018-1019, 86 FR 28554,
28555 (May 27, 2021).
---------------------------------------------------------------------------
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period May 1, 2020, through April 30,
2021:
---------------------------------------------------------------------------
\8\ See Appendix II.
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai RB Co., Ltd......................................... 2.67
Hyundai Steel Company....................................... 0.00
Non-Examined Companies \8\.................................. 2.67
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties with an Administrative
Protective Order within five days after the date of public announcement
of the preliminary results.\9\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
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.\10\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than seven days after the date for
filing case briefs.\11\ 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.\12\ Executive summaries should be limited
to five pages total, including footnotes.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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, within 30 days after the date of publication of this notice.
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. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a date and time to be
determined.
All briefs and hearing requests must be filed electronically using
ACCESS \13\ and must be served on interested parties.\14\ An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\15\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.303.
\14\ See 19 CFR 351.303(f).
\15\ See Temporary Rule.
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce intends to determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative 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).
For an individually examined respondent whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), upon completion of the final results, Commerce intends to
calculate importer-specific antidumping duty assessment rates on the
basis of the ratio of the total amount of dumping calculated for each
importer's examined sales to the total entered value of those sales.
Where we do not have entered values for all U.S. sales to a particular
importer, we will calculate an importer-
[[Page 33725]]
specific, per-unit assessment rate on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total quantity of those sales.\16\ To determine whether an
importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
Where either a respondent's weighted-average dumping margin is zero or
de minimis, or an importer-specific assessment rate is zero or de
minimis, we intend to instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\17\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.212(b)(1).
\17\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by each
individually examined respondent for which it did not know its
merchandise was destined for the United States, we intend to instruct
CBP to liquidate such entries at the all-others rate if there is no
rate for the intermediate company(ies) involved in the transaction.\18\
---------------------------------------------------------------------------
\18\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the companies which were not selected for individual
examination, we intend to assign an antidumping duty assessment rate
equal to the weighted-average dumping margin determined for the non-
examined companies in the final results of review.
For the companies for which we have rescinded this review, Commerce
intends to instruct CBP to assess antidumping duties on all appropriate
entries at a rate equal to the cash deposit rate of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, during the period May 1, 2020, through
April 30, 2021, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue assessment instructions to CBP for the rescinded
companies no earlier than 35 days after the date of publication of the
preliminary results of this administrative review in the Federal
Register.
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 cash deposits of
estimated antidumping duties, where applicable.\19\
---------------------------------------------------------------------------
\19\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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 the companies
listed above will be equal to the weighted-average dumping margin
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 reviewed or investigated companies not covered in
this review, including the six companies for which Commerce is
rescinding 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 was reviewed; (3) if the
exporter is not a firm covered in this review, a prior completed
review, or the less-than-fair value (LTFV) investigation, but the
producer is, then the cash deposit rate will be the company-specific
rate established for the most recently-completed segment of this
proceeding for the producer of subject merchandise; and (4) the cash
deposit rate for all other producers and exporters will continue to be
7.08 percent, the all-others rate established in the LTFV
investigation.\20\
---------------------------------------------------------------------------
\20\ See Order.
---------------------------------------------------------------------------
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of the Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised by the parties in the written comments,
within 120 days of publication of these preliminary results in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
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 doubled
antidumping duties.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 27, 2022.
Lisa W. Wang,
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. Partial Rescission of Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Review-Specific Average Rate Applicable to Companies Not Selected for
Individual Review
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. SeAH Steel, Co., Ltd.
16. Seonghwa Industrial Co., Ltd.
17. SIN-E B&P Co., Ltd.
18. Steel Flower Co., Ltd.
19. WELTECH Co., Ltd.
[FR Doc. 2022-11956 Filed 6-2-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 3, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.