Notice2022-18918
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2020-2021
Primary source
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Published
September 1, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding this administrative review with respect to one company for which the request for review was timely withdrawn. Additionally, Commerce preliminarily determines that the sole producer/exporter that remains subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) September 1, 2020, through August 31, 2021. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 169 (Thursday, September 1, 2022)</title>
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[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Pages 53725-53727]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18918]
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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: Preliminary Results and Rescission, in Part, of
Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding this
administrative review with respect to one company for which the request
for review was timely withdrawn. Additionally, Commerce preliminarily
determines that the sole producer/exporter that remains subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR) September 1, 2020,
through August 31, 2021. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable September 1, 2022.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado, 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.
SUPPLEMENTARY INFORMATION:
Background
On November 5, 2021, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on heavy walled rectangular welded carbon steel pipes and tubes
from the Republic of Korea (Korea).\1\ We initiated this review with
respect to two producers and exporters of the subject merchandise.
However, on December 22, 2021, Dong-A-Steel Co., Ltd. and SeAH Steel
Corporation (collectively, DOSCO/SeAH) withdrew its request for an
administrative review.\2\ Thus, we conducted a review with respect to
the sole remaining company subject to the administrative review,
HiSteel Co., Ltd, (HiSteel).
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 61121 (November 5, 2021).
\2\ See Letter, ``Withdrawal of Request for Administrative
Review for DOSCO and SeAH Steel,'' dated December 220, 2021. In a
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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On May 11, 2022, Commerce extended the preliminary results of this
review by 90 days, until August 31, 2021.\3\ For a complete description
of the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\4\
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\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 5th Antidumping Duty Administrative Review,'' dated
May 11, 2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 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, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the order are certain heavy walled
rectangular welded steel pipes and tubes from 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.\5\
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\5\ For a complete 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)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Constructed export price is calculated in accordance with section 772
of the Act. NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix 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
[[Page 53726]]
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>.
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 a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On
December 22, 2021, DOSCO/SeAH withdrew its request for an
administrative review. No other party requested a review of this
company. Accordingly, we are rescinding this review, in part, with
respect to DOSCO/SeAH, pursuant to 19 CFR 351.213(d)(1).
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period
September 1, 2020, through August 31, 2021:
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Weighted-
average dumping
Producers/exporters margin
(percent)
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HiSteel Co., Ltd....................................... 2.80
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\6\ Case briefs
or other written comments may be submitted to Commerce no later than 30
days after the date of publication of this notice.\7\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the deadline for filing case briefs.\8\ 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.\9\ Case and
rebuttal briefs should be filed using ACCESS.\10\
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c).
\8\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303.
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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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\11\ Hearing 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. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\12\
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
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An electronically filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\13\
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\13\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\14\ If the weighted
average dumping margin for HiSteel is not zero or de minimis (i.e.,
less than 0.5 percent), we will calculate importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for each importer's examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\15\ If the weighted-average dumping margin for the
respondent listed above is zero or de minimis in the final results, or
an importer-specific assessment rate is zero or de minimis in the final
results, we will instruct CBP not to assess antidumping duties on any
of its entries, in accordance with the Final Modification for
Reviews.\16\ 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.
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\14\ See 19 CFR 351.212(b).
\15\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\16\ Id. at 8102.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by HiSteel for which
HiSteel did not know that the merchandise it sold to the intermediary
(e.g., a reseller, trading company, or exporter) was destined for the
United States. In such instances, 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.\17\
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\17\ 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. 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 DOSCO/SeAH, the company for which we are rescinding this
administrative review, antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption,
during the period September 1, 2020, through August 31, 2021, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue
appropriate assessment instructions directly to CBP no earlier than 35
days after the date of publication of this notice in the Federal
Register.
Cash Deposit Requirements
The following 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 exporter
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 companies not covered in this review, the cash deposit rate
will continue to be the company-specific
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cash deposit rate published for the most recently completed segment;
(3) if the exporter is not a firm covered in this review, or a previous
segment, but the producer is, then the cash deposit rate will be the
cash deposit rate established for the most recently completed segment
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 3.24 percent, the
all-others rate established in the less-than-fair-value
investigation.\18\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\18\ 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, 62866 (September 13,
2016).
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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 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 to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2022-18918 Filed 8-31-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 1, 2022.
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