Notice2022-26403
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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Published
December 5, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that circular welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea) was sold at prices below normal value for Husteel Co., Ltd. (Husteel) and not sold at prices below normal value for Nexteel Co., Ltd. (Nexteel) during the period of review (POR) November 1, 2020, through October 31, 2021. We invite interested parties to comment on these preliminary results.
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<title>Federal Register, Volume 87 Issue 232 (Monday, December 5, 2022)</title>
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[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Notices]
[Pages 74402-74404]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26403]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Preliminary Results 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) preliminarily
determines that circular welded non-alloy steel pipe (CWP) from the
Republic of Korea (Korea) was sold at prices below normal value for
Husteel Co., Ltd. (Husteel) and not sold at prices below normal value
for Nexteel Co., Ltd. (Nexteel) during the period of review (POR)
November 1, 2020, through October 31, 2021. We invite interested
parties to comment on these preliminary results.
DATES: Applicable December 5, 2022.
FOR FURTHER INFORMATION CONTACT: Dusten Hom and Byeong-hun You, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5075 and (202)-482-1018,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on CWP from Korea, in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).\1\ On December 28, 2021, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated the
administrative review \2\ of the Order covering 24 producers and/or
exporters, including mandatory respondents, Husteel and Nexteel.\3\ The
remaining companies were not selected for individual examination and
remain subject to this administrative review. For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\4\
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\1\ See Notice of Antidumping Duty Orders: Certain Circular
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea
(Korea), Mexico, and Venezuela, and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy
Steel Pipe from Korea, 57 FR 49453 (November 2, 1992) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 73734 (December 28, 2021).
\3\ See Memorandum, ``Antidumping Duty Administrative Review of
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Respondent Selection,'' dated February 2, 2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments: Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea; 2020-2021,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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On July 14, 2022, Commerce extended the time limit for issuing the
preliminary results of this review by 120 days, to no later than
November 30, 2022.\5\
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\5\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Extension of Deadline for Preliminary Results
of 2019-2020 Antidumping Administrative Review,'' dated July 14,
2022.
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Scope of the Order
The merchandise subject to the Order is CWP from Korea. A full
description of the scope, see the Preliminary Decision Memorandum.\6\
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\6\ For a full 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) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of the topics discussed in the Preliminary Decision Memorandum is
included as Appendix I 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). ACESS is available to
registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
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>.
Rate for Non-Selected Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to 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 a market
economy investigation, for guidance when calculating the rate 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
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
In this review, we have preliminarily calculated weighted-average
dumping margins of 13.72 percent for Husteel and 0.00 percent for
Nexteel. For the companies that were not selected for individual
review, we preliminarily assigned a rate based on the rates for the
respondents that were selected for
[[Page 74403]]
individual review, excluding rates that are zero, de minimis, or based
entirely on facts available.\7\ In accordance with the U.S. Court of
Appeals for the Federal Circuit's decision in Albemarle, we are
applying to the twenty-two companies that had reviewable transactions
during the POR the 13.72 percent rate calculated for Husteel.\8\ This
is the only rate determined in this review that is not zero, de
minimis, or based entirely on facts available for individual
respondents and, thus, should be applied to the twenty-two firms not
selected for individual review under section 735(c)(5)(B) of the Act.
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\7\ See section 735(c)(5)(A) of the Act.
\8\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
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Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the administrative review covering
the period November 1, 2020, through October 31, 2021:
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\9\ See Appendix II for a full list of these companies.
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Weighted- average dumping margin
Producer/exporter (percent)
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Husteel Co., Ltd..................... 13.72
NEXTEEL Co., Ltd..................... 0.00 (de minimis).
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Review-Specific Average Rate Applicable to the Following Companies
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Other Respondents \9\................ 13.72
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Disclosure
We intend 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 in accordance with 19 CFR
351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. 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.\10\ Commerce modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\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\
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\10\ See 19 CFR 351.309(d).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, filed electronically via
ACCESS. An electronically filed request for a hearing must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\13\ 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. If a request
for a hearing is made, Commerce intends to hold the hearing at a time
and date to be determined. Issues raised in the hearing will be limited
to those raised in the briefs.
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\13\ See 19 CFR 351.310(c); see also 19 CFR 351.303(b)(1).
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Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
issues raised by parties in their comments, within 120 days after the
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review. If an examined
respondent's weighted-average dumping margin is above de minimis (i.e.,
0.50 percent) in the final results of this review, we will calculate
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined U.S. sales and, where possible, the total entered value of
those same sales in accordance with 19 CFR 351.212(b)(1).\14\ We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific assessment rate
calculated in the final results of this review is above de minimis.
Where either 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 assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
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\14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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For entries of subject merchandise during the POR produced by
Husteel or Nexteel for which they did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate those
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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For the companies that were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem rate equal to each company's weighted-average dumping margin
determined in the final results of 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
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 Requirements
The following deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of CWP from Korea entered, or
withdrawn from warehouse, for consumption on or after the date of
publication as provided by section 751(a)(2) of the Act: (1) the cash
deposit rate for companies subject to this review will be the rates
established in the final results of this administrative review; (2) for
merchandise exported by a company not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or the original investigation but the producer
is, then the cash deposit rate will be the rate established for the
most recent period for the producer of the merchandise; (4) the cash
deposit rate for all other producers or exporters will continue to be
4.80 percent,\16\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements, when
imposed,
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shall remain in effect until further notice.
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\16\ See Order.
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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 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 to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(4).
Dated: November 29, 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. Rate for Non-Selected Companies
V. Affiliation
VI. Discussion of the Methodology
VII. Export Price and Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. Recommendation
Appendix II--List of Companies Not Individually Examined
1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine Engineering (Dsme)
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel \17\
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\17\ This company is also known as Dongbu Steel Co., Ltd.
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9. Eew Korea Company
10. Histeel \18\
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\18\ This company is also known as HiSteel Co., Ltd.
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11. Hyundai Rb
12. Hyundai Steel Company \19\
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\19\ This company is also known as Hyundai Steel Corporation;
Hyundai Steel; and Hyundai Steel (Pipe Division).
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13. Kiduck Industries
14. Kum Kang Kind
15. Kumsoo Connecting
16. Miju Steel Mfg.\20\
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\20\ This company is also known as Miju Steel Manufacturing.
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17. Samkang M&T
18. Seah Fs
19. Seah Steel \21\
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\21\ This company is also known as Seah Steel Corporation.
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20. Steel Flower
21. Vesta Co., Ltd.
22. Ycp Co.
[FR Doc. 2022-26403 Filed 12-2-22; 8:45 am]
BILLING CODE 3510-DS-P
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