Notice2022-23920

Large Diameter Welded Pipe From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 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
November 3, 2022

Issuing agencies

Commerce DepartmentInternational Trade Administration

Abstract

The U.S. 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), January 1, 2020, through December 31, 2020.

Full Text

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<title>Federal Register, Volume 87 Issue 212 (Thursday, November 3, 2022)</title>
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[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66268-66269]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23920]


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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; 2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. 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), January 1, 2020, through December 
31, 2020.

DATES: Applicable November 3, 2022.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jonathan Schueler, 
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) 482-5973 
or (202) 482-9175, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 3, 2022, Commerce published the Preliminary Results of this 
administrative review in the Federal Register,\1\ and invited 
interested parties to comment. On July 12, 2022, the Government of 
Korea (GOK), Hyundai RB Co., Ltd. (Hyundai RB), and SeAH Steel 
Corporation (SeAH Steel) submitted timely case briefs.\2\ On July 19, 
2022, the American Line Pipe Producers Association Trade Committee (the 
Committee) submitted a timely rebuttal brief.\3\ On September 20, 2022, 
Commerce extended the deadline for the final results of this review to 
no later than October 28, 2022.\4\ Commerce held a public hearing on 
September 7, 2022.\5\ For a complete description of the events that 
followed the Preliminary Results, see the Issues and Decision 
Memorandum.\6\ We conducted this review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Large Diameter Welded Pipe from the Republic of Korea: 
Preliminary Results and Partial Rescission of the Countervailing 
Duty Administrative Review; 2020, 87 FR 33715 (June 3, 2022) 
(Preliminary Results).
    \2\ See GOK's Letter, ``GOK Case Brief,'' dated July 12, 2022; 
see also Hyundai RB's Letter, ``Hyundai RB Case Brief,'' dated July 
12, 2022; and SeAH's Letter, ``Case Brief,'' dated July 12, 2022.
    \3\ See Committee's Letter, ``Rebuttal Brief,'' dated July 19, 
2022.
    \4\ See Memorandum, ``Extension of Deadline for Final Results,'' 
dated September 20, 2022.
    \5\ See Hearing Transcript, ``In the Matter of: the 
Administrative Review of the Antidumping Duty Order on Large 
Diameter Welded Carbon and Alloy Steel Line and Structural Pipe from 
the Republic of Korea,'' dated September 14, 2022.
    \6\ 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; 2020,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order <SUP>7</SUP>
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    \7\ See Large Diameter Welded Pipe from the Republic of Korea: 
Countervailing Duty Order, 84 FR 18773 (May 2, 2019) (Order).
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    The merchandise covered by the Order is large diameter 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 in 
the Issues and Decision Memorandum is included in the appendix to this 
notice. 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 our analysis of the case and rebuttal briefs and the 
evidence on the record, we made no changes from the Preliminary 
Results.

Companies Not Selected for Individual Review

    We made no changes to the methodology for determining a rate for 
companies not selected for individual examination from the Preliminary 
Results. For the final results of this review, as indicated in the 
section below, we have continued to determine that only the mandatory 
respondent Hyundai RB received countervailable subsidies that are above 
de minimis. Therefore, consistent with section 705(c)(5)(A) of the Act, 
we are applying the net subsidy rate calculated for Hyundai RB to the 
non-selected companies.

Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), we calculated an 
individual net countervailable subsidy rate for Hyundai RB and SeAH 
Steel Corporation. Commerce determines that,

[[Page 66269]]

during the POR, the net countervailable subsidy rates for the 
producers/exporters under review are as follows:

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                                                        Subsidy rate
                 Producer/exporter                  (percent ad valorem)
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Hyundai RB Co., Ltd...............................                  1.66
SeAH Steel Corporation \1\........................                * 0.31
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   Review-Specific Average Rate Applicable to the Following Companies
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Chang Won Bending Co., Ltd........................                  1.66
Dong Yang Steel Pipe Co., Ltd.....................                  1.66
EEW Korea Co., Ltd................................                  1.66
HiSteel Co., Ltd..................................                  1.66
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\1\ As discussed in the Preliminary Decision Memorandum, Commerce has
  found the following companies to be cross-owned with SeAH Steel
  Corporation: SeAH Holdings Corporation and ESAB SeAH Corporation. The
  subsidy rates apply to all cross-owned companies.
* De minimis.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the final results of review within five 
days of a public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of final 
results in the Federal Register, in accordance with 19 CFR 351.224(b). 
However, because we have made no changes from the Preliminary Results, 
there are no calculations to disclose.

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. 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 based on shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this administrative review. 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.\8\ These cash deposit requirements, effective upon 
publication of these final results, shall remain in effect until 
further notice.
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    \8\ See Order, 84 FR 18775.
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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: October 28, 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. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of the Comments
    Comment 1: Whether the Demand Response Resources (DRR) Program 
Is Countervailable
    Comment 2: Whether Restriction of Special Taxation Act (RSTA) 
Article 7 Is De Jure Specific
    Comment 3: Whether Certain Programs Are De Facto Specific
    Comment 4: Whether the Energy Storage Systems (ESS) Program Is 
Specific
    Comment 5: Whether to Allocate Benefits from the Process Quality 
Technology Development Project to the POR
    Comment 6: Whether the Employment Security Improvement (ESI) 
Program Is Countervailable
VII. Recommendation

[FR Doc. 2022-23920 Filed 11-2-22; 8:45 am]
BILLING CODE 3510-DS-P


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Indexed from Federal Register on November 3, 2022.

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