Notice2022-28388
Welded Line Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 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
December 29, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV). Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 87 Issue 249 (Thursday, December 29, 2022)</title>
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[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Notices]
[Pages 80156-80158]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28388]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-876]
Welded Line Pipe From the Republic of Korea: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/exporters subject to this
administrative review made sales of subject merchandise at less than
normal value (NV). Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable December 29, 2022.
FOR FURTHER INFORMATION CONTACT: Adam Simons or Paul Gill, 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) 482-6172 or (202) 482-5673,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 4, 2022, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on welded line pipe from the
Republic of Korea (Korea).\1\ The period of review (POR) is December 1,
2020, through November 30, 2021. On August 17, 2022, we extended the
preliminary results of this review to no later than December 23,
2022.\2\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 6487 (February 4, 2022); see also
Welded Line Pipe from the Republic of Korea and the Republic of
Turkey: Antidumping Duty Orders, 80 FR 75056, 75057 (December 1,
2015) (Order).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated
August 17, 2022.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 Administrative Review of the Antidumping
Duty Order on Welded Line Pipe from Korea,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise subject to the Order is welded line pipe.\4\ The
product is currently classified under the following Harmonized Tariff
Schedule of the United States (HTSUS) item numbers: 7305.11.1030,
7305.11.1060, 7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000,
7305.19.1030, 7305.19.5000, 7306.19.1010, 7306.19.1050, 7306.19.5110,
and 7306.19.5150. Although the HTSUS subheadings are provided for
convenience and for customs purposes, the written product description
remains dispositive.
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\4\ For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are 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
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). 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 accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Determination of No Shipments
Among the companies under review, HiSteel Co., Ltd. (HiSteel)
properly filed a statement that it made no shipments of subject
merchandise to the United States during the POR.\5\ Based on its
certification and our analysis of U.S. Customs and Border Protection
(CBP) information, we preliminarily determine that HiSteel had no
reviewable transactions during the POR.\6\ Consistent with our
practice, we are not preliminarily rescinding the review with respect
to HiSteel. Instead, we will complete the review for HiSteel and issue
appropriate instructions to CBP based on the final results of this
review.\7\
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\5\ See HiSteel's Letter, ``No Shipments Letter,'' dated March
7, 2022.
\6\ See Memorandum, ``Results of No Shipments Inquiry for
HiSteel Co., Ltd.,'' dated March 7, 2022.
\7\ See, e.g., Welded Line Pipe from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019-2020, 87 FR 928
(January 7, 2022), unchanged in Welded Line Pipe from the Republic
of Korea: Final Results of Antidumping Duty Administrative Review;
2019-2020, 87 FR 38061 (June 27, 2022).
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period December 1,
2020, through November 30, 2021:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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NEXTEEL Co., Ltd............................................ 2.56
[[Page 80157]]
SeAH Steel Corporation...................................... 4.14
Companies Not Selected for Individual Review \8\............ 3.32
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Review-Specific Average Rate for Companies Not Selected for Individual
Review
The exporters or producers not selected for individual review are
listed in Appendix II.
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\8\ 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 examined, excluding any margins that are
zero or de minimis margins, and any margins determined entirely {on
the basis of facts available{time} .'' For these preliminary
results, we have preliminarily calculated a weighted-average dumping
margin for these companies using the calculated rates of the
mandatory respondents, NEXTEEL and SeAH, which are not zero or de
minimis, or determined entirely on the basis of facts available.
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Assessment Rates
Upon issuing the final results, Commerce shall determine, and CBP
shall assess, antidumping duties on all appropriate entries. Pursuant
to 19 CFR 351.212(b)(1), where NEXTEEL Co., Ltd. (NEXTEEL) reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. SeAH Steel Corporation
(SeAH) did not report actual entered value for all of its U.S. sales;
in such instances, we calculated importer-specific per-unit duty
assessment rates by aggregating the total amount of antidumping duties
calculated for the examined sales and dividing this amount by the total
quantity of those sales. 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 rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the weighted average of the
cash deposit rates calculated for NEXTEEL and SeAH excluding any which
are zero, de minimis, or determined entirely on adverse facts
available. 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.\9\
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\9\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by NEXTEEL or SeAH for
which the reviewed companies did not know that the merchandise they
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.
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 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 that 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 investigated or
reviewed companies not covered in this review, the cash deposit rate
will continue to be the company-specific cash deposit rate published
for the most recently completed segment of this proceeding in which the
company participated; (3) if the exporter is not a firm covered in this
review, or the less-than-fair-value (LTFV) investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 4.38 percent, the all-others rate
established in the LTFV investigation.\10\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\10\ See Order.
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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.\11\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\12\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\13\ 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.\14\ Case and
rebuttal briefs should be filed using ACCESS.\15\ Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\16\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(c).
\13\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303.
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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 within 30 days after the date of publication of this notice.\17\
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.\18\
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\19\
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\19\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding
[[Page 80158]]
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: December 22, 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. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Recommendation
Appendix II
Review-Specific Average Rate Applicable to Companies Not Selected for
Individual Review
1. AJU Besteel Co., Ltd.
2. BDP International, Inc.
3. Daewoo International Corporation
4. Dongbu Incheon Steel Co.
5. Dongbu Steel Co., Ltd.
6. Dongkuk Steel Mill
7. Dong Yang Steel Pipe
8. EEW Korea Co., Ltd.
9. Husteel Co., Ltd.
10. Hyundai RB Co. Ltd.
11. Hyundai Steel Company/Hyundai HYSCO
12. Kelly Pipe Co., LLC
13. Keonwoo Metals Co., Ltd.
14. Kolon Global Corp.
15. Korea Cast Iron Pipe Ind. Co., Ltd.
16. Kurvers Piping Italy S.R.L.
17. Miju Steel MFG Co., Ltd.
18. MSTEEL Co., Ltd.
19. Poongsan Valinox (Valtimet Division)
20. POSCO
21. POSCO Daewoo
22. R&R Trading Co. Ltd.
23. Sam Kang M&T Co., Ltd.
24. Sin Sung Metal Co., Ltd.
25. SK Networks
26. Soon-Hong Trading Company
27. Steel Flower Co., Ltd.
28. TGS Pipe
29. Tokyo Engineering Korea Ltd.
[FR Doc. 2022-28388 Filed 12-28-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 29, 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.