Notice2023-12327
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final 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
June 9, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Husteel Co., Ltd. (Husteel) and certain producers/exporters subject to this administrative review made sales of circular welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea) at less than normal value during the period of review (POR), November 1, 2020, through October 31, 2021. In addition, Commerce determines that NEXTEEL Co., Ltd. (NEXTEEL) did not make sales of subject merchandise in the United States at prices below NV during the POR.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 111 (Friday, June 9, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37852-37854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12327]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Husteel Co., Ltd. (Husteel) and certain producers/exporters subject to
this administrative review made sales of circular welded non-alloy
steel pipe (CWP) from the Republic of Korea (Korea) at less than normal
value during the period of review (POR), November 1, 2020, through
October 31, 2021. In addition, Commerce determines that NEXTEEL Co.,
Ltd. (NEXTEEL) did not make sales of subject merchandise in the United
States at prices below NV during the POR.
DATES: Applicable June 9, 2023.
FOR FURTHER INFORMATION CONTACT: Dusten Hom, 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.
SUPPLEMENTARY INFORMATION:
Background
On December 5, 2022, Commerce published the Preliminary Results of
this administrative review.\1\ The review covers 24 producers and/or
exporters of subject merchandise. We invited interested parties to
comment on the Preliminary Results. A summary of the events that
occurred since Commerce published the Preliminary Results, as well as a
full discussion of the issues raised by parties for these final
results, are discussed in the Issues and Decision Memorandum.\2\
Commerce conducted this review in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Circular Welded Non-Alloy Steel Pipe from the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2020-2021, 87 FR 74402 (December 5, 2021) (Preliminary
Results) and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 Administrative Review of the
Antidumping Duty Order on Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>3</SUP>
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
The merchandise subject to the Order is circular welded non-alloy
steel pipe and tube. Imports of the product are currently classifiable
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and 7306.30.5090. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description is dispositive. For a complete description of the
scope of the Order, see the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are listed in Appendix I to this notice and addressed in
the Issues and Decision Memorandum. 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 at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
For reasons explained in the Issues and Decision Memorandum, we
made changes to the macros program to implement our intended
methodology for cost recovery in quarterly cost and to no longer
overwrite the home market sales control number (CONNUM)
characteristics. Additionally, we changed the total cost of
manufacturing variable ``TTOTCOM'' to ``TOTCOM'' in the comparison
market program for consistency. For a more detailed discussion of the
changes, see the Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ Id.
---------------------------------------------------------------------------
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual
[[Page 37853]]
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 calculated a weighted-average dumping margin for one of the
mandatory respondents, Husteel, that is not zero, de minimis, or
determined entirely on the basis of facts available. However, for the
second mandatory respondent, NEXTEEL, we calculated a weighted-average
dumping margin of zero. Accordingly, Commerce assigned Husteel's 12.87
percent weighted-average dumping margin to the companies not
individually examined listed in Appendix II.\6\
---------------------------------------------------------------------------
\6\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the dumping margins calculated
for the examined respondents; (B) a simple average of the dumping
margins calculated for the examined respondents; and (C) a weighted-
average of the dumping margins calculated for the examined
respondents using each company's publicly-ranged U.S. sale
quantities for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
---------------------------------------------------------------------------
Final Results of Review
We determine that the following weighted-average dumping margins
exists for the period November 1, 2020 through October 31, 2021:
---------------------------------------------------------------------------
\7\ See Appendix II for a full list of these companies.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Husteel Co., Ltd............................................ 12.87
NEXTEEL Co., Ltd............................................ 0.00
Review-Specific Rate for Non-Examined Companies \7\......... 12.87
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days of
the date of publication of this notice, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. For any individually examined respondents
whose weighted-average dumping margin is above de minimis, we
calculated importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of antidumping duties calculated for the
examined sales to the total entered value of the examined sales to that
importer, and we will instruct CBP to assess antidumping duties on all
appropriate entries covered by this. 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.
For entries of subject merchandise during the POR produced by
Husteel or NEXTEEL for which they did not know that the merchandise was
destined to the United States, we will instruct CBP to liquidate those
entries at the all-others rate of 4.80 percent, if there is no rate for
the intermediate company(ies) involved in the transaction.\8\
---------------------------------------------------------------------------
\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review in the Federal Register, as provided for
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 these
final results of the review; (2) for merchandise exported by producers
or exporters 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,\9\ the all-
others rate established in the investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\9\ 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).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final 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 has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. 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 the
terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections
[[Page 37854]]
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: June 2, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Incorrectly Overwrote Control
Numbers (CONNUM)
Comment 2: Whether Commerce Inconsistently Used the Field TOTCOM
Comment 3: Whether Commerce Erred in Applying its Differential
Pricing Analysis
Comment 4: Whether Commerce Should Offset Constructed Export
Price (CEP)
VI. 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 \10\
---------------------------------------------------------------------------
\10\ This company is also known as Dongbu Steel Co., Ltd.
---------------------------------------------------------------------------
9. Eew Korea Company
10. Histeel \11\
---------------------------------------------------------------------------
\11\ This company is also known as HiSteel Co., Ltd.
---------------------------------------------------------------------------
11. Hyundai Rb
12. Hyundai Steel Company \12\
---------------------------------------------------------------------------
\12\ This company is also known as Hyundai Steel Corporation;
Hyundai Steel; and Hyundai Steel (Pipe Division).
---------------------------------------------------------------------------
13. Kiduck Industries
14. Kum Kang Kind
15. Kumsoo Connecting
16. Miju Steel Mfg.\13\
---------------------------------------------------------------------------
\13\ This company is also known as Miju Steel Manufacturing.
---------------------------------------------------------------------------
17. Samkang M&T
18. Seah Fs
19. Seah Steel \14\
---------------------------------------------------------------------------
\14\ This company is also known as Seah Steel Corporation.
---------------------------------------------------------------------------
20. Steel Flower
21. Vesta Co., Ltd.
22. Ycp Co.
[FR Doc. 2023-12327 Filed 6-8-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 9, 2023.
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.