Notice2023-10855
Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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
May 22, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that HiSteel Co., Ltd. (HiSteel) and the non-individually- examined companies for which a review was requested 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, 2021, through April 30, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 98 (Monday, May 22, 2023)</title>
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[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Notices]
[Pages 32729-32731]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10855]
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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; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that HiSteel Co., Ltd. (HiSteel) and the non-individually-
examined companies for which a review was requested 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, 2021, through April 30, 2022.
We invite interested parties to comment on these preliminary results.
DATES: Applicable May 22, 2023.
FOR FURTHER INFORMATION CONTACT: Alexis Cherry 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) 482-0607 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 May 2, 2022, Commerce published a notice
of opportunity to request an administrative review of the Order for the
POR.\2\ Pursuant to section 751(a)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.213(b)(1), Commerce received timely
requests to conduct an administrative review of the Order. On May 31,
2022, the Domestic Interested Party \3\ filed a timely request for
review with respect to 23 companies,\4\ and HiSteel, Hyundai Steel,
Hyundai RB Co., Ltd (Hyundai RB), and SeAH Steel Corporation (SeAH)
each individually timely requested reviews of their respective entries
during the POR.\5\ On July 14, 2022, in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated an administrative review of the
Order on 23 companies.\6\ On September 1, 2022, Commerce selected
HiSteel and Hyundai Steel as the mandatory respondents in this
review.\7\ On April 5, 2023, Commerce determined not to select a
voluntary respondent and denied voluntary respondent treatment to
SeAH.\8\
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\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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2,
2022).
\3\ The Domestic Interested Party is the American Line Pipe
Producers Association Trade Committee.
\4\ See Domestic Interested Party's Letter, ``Request for
Administrative Review,'' dated May 31, 2022.
\5\ See HiSteel's Letter, ``Request for Administrative Review,''
dated May 31, 2022; Hyundai Steel's Letter, ``Hyundai Steel's
Request for Administrative Review,'' dated May 31, 2022; Hyundai
RB's Letter, ``Request for Administrative Review,'' dated May 31,
2022; and SeAH's Letter, ``Request for Administrative Review,''
dated May 31, 2022.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022). The 23
companies are HiSteel, Hyundai Steel and the 21 non-selected
companies listed in Appendix II.
\7\ See Memorandum, ``Respondent Selection,'' dated September 1,
2022.
\8\ See Memorandum, ``Whether to Select Voluntary Respondents,''
dated April 5, 2023.
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Pursuant to section 751(a)(3)(A) of the Act, on January 12, 2023,
Commerce determined that it was not practicable to complete the
preliminary results of this review within 245 days and extended the
deadline for these preliminary results by 105 days, until May 16,
2023.\9\
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\9\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated January 12, 2023.
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For a detailed description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\10\
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 <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\10\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022: Large
Diameter Welded Pipe 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 product covered by the Order is welded pipe from Korea. For a
full description of the scope, see the Preliminary Decision Memorandum.
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-Examined 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
HiSteel 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 HiSteel in accordance
with its practice.\11\
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\11\ 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).
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[[Page 32730]]
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:
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\12\ See Appendix II.
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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HiSteel Co., Ltd............................................ 6.17
Hyundai Steel Company....................................... 0.00
Non-Examined Companies \12\................................. 6.17
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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 publication of
these preliminary results.\13\
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\13\ See 19 CFR 351.224(b).
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Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs no later than 30 days after the date of publication of this
notice.\14\ 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.\15\ 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.\16\ Executive summaries should be limited
to five pages total, including footnotes.
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\14\ See also 19 CFR 351.303 (for general filing requirements).
\15\ See 19 CFR 351.309(d); 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).
\16\ 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, 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; (3) whether any participant is
a foreign national; and (4) 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 \17\ and must be served on interested parties.\18\ 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.\19\
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\17\ See 19 CFR 351.303.
\18\ See 19 CFR 351.303(f).
\19\ See Temporary Rule, 85 FR at 41363.
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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.\20\ Where we do not have entered values for all U.S. sales to a
particular importer, we will calculate an importer-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. 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.\21\
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\20\ See 19 CFR 351.212(b)(1).
\21\ 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).
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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 (i.e., 7.08
percent) \22\ if there is no rate for the intermediate company(ies)
involved in the transaction.\23\
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\22\ See Order, 84 FR at 18768.
\23\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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.
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.\24\
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\24\ See section 751(a)(2)(C) of the Act.
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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 exporters not covered in
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
[[Page 32731]]
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.\25\
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\25\ See Order, 84 FR at 18768.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of the Review
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), unless this deadline
is extended.
Notification to Importers
This notice also 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 and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing 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
351.213(h)(2) and 351.221(b)(4).
Dated: May 16, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. 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. Geumok Tech. Co. Ltd.
9. Hansol Metal Co. Ltd.
10. Husteel Co., Ltd.
11. Hyundai RB Co., Ltd.
12. Il Jin Nts Co. Ltd.
13. Kiduck Industries Co., Ltd.
14. Kum Kang Kind. Co., Ltd.
15. Kumsoo Connecting Co., Ltd.
16. Nexteel Co., Ltd.
17. SeAH Steel Corporation
18. Seonghwa Industrial Co., Ltd.
19. SIN-E B&P Co., Ltd.
20. Steel Flower Co., Ltd.
21. WELTECH Co., Ltd.
[FR Doc. 2023-10855 Filed 5-19-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 22, 2023.
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