Notice2023-13965
Welded Line Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 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 30, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that certain producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) December 1, 2020, through November 30, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 125 (Friday, June 30, 2023)</title>
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[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42295-42298]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13965]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-876]
Welded Line Pipe From the Republic of Korea: Final 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) finds that certain
producers/exporters subject to this administrative review made sales of
subject merchandise at less than normal value (NV) during the period of
review (POR) December 1, 2020, through November 30, 2021.
[[Page 42296]]
DATES: Applicable June 30, 2023.
FOR FURTHER INFORMATION CONTACT: Adam Simons, 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.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2022, Commerce published the Preliminary Results of
the 2020-2021 administrative review of the antidumping duty order on
welded line pipe (WLP) from the republic of Korea (Korea) and invited
interested parties to comment.\1\ This review covers 31 producers/
exporters of the subject merchandise. Commerce selected two companies,
NEXTEEL Co., Ltd. (NEXTEEL) and SeAH Steel Corporation (SeAH), for
individual examination.\2\ The producers/exporters not selected for
individual examination are listed in Appendix II.
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\1\ See Welded Line Pipe from the Republic of Korea: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2020-2021, 87 FR 80156 (December 29,
2022) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Respondent Selection,'' dated February 22,
2022.
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On February 6, 2023, we received case briefs from the Domestic
Interested Parties,\3\ NEXTEEL, and SeAH.\4\ On February 14, 2023, we
received rebuttal briefs from Domestic Interested Parties, NEXTEEL, and
SeAH, as well as a letter in-lieu-of a rebuttal brief from Hyundai
Steel Company.\5\ On April 6, 2023, we postponed the final results to
no later than June 27, 2023.\6\ For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\7\
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\3\ The Domestic Interested Parties are American Cast Iron Pipe
Company, Dura-Bond Industries, Stupp Corporation, Welspun Global
Trade LLC, and Axis Pipe & Tube.
\4\ See Domestic Interested Parties' Letter, ``Case Brief,''
dated February 6, 2023; NEXTEEL's Letter, ``NEXTEEL's Case Brief,''
dated February 6, 2023; and SeAH's Letter, ``Case Brief of SeAH
Steel Corporation,'' dated February 6, 2023.
\5\ See Domestic Interested Parties' Letter, ``Rebuttal Brief,''
dated February 14, 2023 (Domestic Interested Parties' Rebuttal
Brief); NEXTEEL's Letter, ``NEXTEEL's Rebuttal Brief,'' dated
February 14, 2023 (NEXTEEL's Rebuttal Brief); SeAH's Letter,
``Rebuttal Brief of SeAH Steel Corporation,'' dated February 14,
2023 (SeAH's Rebuttal Brief); and Hyundai Steel Company's Letter,
``Letter in Support of Mandatory Respondents' Case and Rebuttal
Briefs,'' dated February 14, 2023.
\6\ See Memorandum, ``Extension of Deadline for Final Results of
2020-2021 Antidumping Duty Administrative Review,'' dated April 6,
2023.
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and
Decision Memorandum).
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Scope of the Order <SUP>8</SUP>
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\8\ See Welded Line Pipe from the Republic of Korea and the
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056, 75057
(December 1, 2015) (Order).
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The merchandise subject to the Order is welded line pipe.\9\ 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 numbers are provided for
convenience and for customs purposes, the written product description
remains dispositive.
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\9\ For a complete description of the scope of the order, see
Preliminary Results PDM at 3.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in
Appendix I to this notice and addressed in the Issues and Decision
Memorandum. Interested parties can find a complete discussion of these
issues and the corresponding recommendations in this public memorandum,
which 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 a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the calculation of the preliminary weighted-average dumping
margins for NEXTEEL and SeAH.\10\
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\10\ For a full description of changes, see Issues and Decision
Memorandum.
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Determination of No Shipments
As noted in the Preliminary Results, we received a no shipment
claim from HiSteel Co., Ltd. (HiSteel) and preliminarily determined
that HiSteel had no shipments during the POR.\11\ We received no
comments from interested parties with respect to this claim. Therefore,
because the record indicates that HiSteel had no entries of subject
merchandise to the United States during the POR, we continue to find
that HiSteel had no shipments during the POR.
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\11\ See Preliminary Results.
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Rates for Companies Not Selected for Individual Examination
Generally, Commerce looks to section 735(c)(5) of the Tariff Act of
1930, as amended (the Act), which provides instructions for calculating
the all-others rate in an investigation, for guidance for 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 of
2.38 percent for NEXTEEL and a weighted-average dumping margin of 4.23
percent for SeAH. With two respondents under individual examination,
Commerce normally calculates: (A) a weighted-average of the estimated
dumping rates calculated for the examined respondents; (B) a simple
average of the estimated dumping rates calculated for the examined
respondents; and (C) a weighted-average of the estimated dumping rates
calculated for the examined respondents using each company's publicly-
ranged U.S. sale values 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.\12\
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\12\ 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).
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Consistent with our practice, we have determined that 3.27 percent,
which is the weighted average of NEXTEEL and SeAH's margins based on
publicly ranged data, will be assigned to the non-examined companies
under section 735(c)(5)(A) of the Act.\13\ These companies are listed
in Appendix II.
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\13\ For a complete analysis of the data, see Memorandum,
``Calculation of the Cash Deposit Rate for Non-Selected Companies,''
dated concurrently with this notice.
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Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margins for the period
[[Page 42297]]
December 1, 2020, through November 30, 2021:
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\14\ See Appendix II for a full list of these companies.
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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NEXTEEL Co., Ltd............................................ 2.38
SeAH Steel Corporation...................................... 4.23
Companies Not Selected for Individual Review \14\........... 3.27
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Disclosure of Calculations
We intend to disclose the calculations performed for NEXTEEL and
SeAH in connection with these final results to interested parties
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)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), NEXTEEL reported the entered
value of its U.S. sales such that 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 did not report the
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 assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
For the companies not selected for individual review, we used an
assessment rate based on the weighted average of the cash deposit rates
calculated for NEXTEEL and SeAH. 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 the
future deposits of estimated duties where applicable.\15\
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\15\ 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 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
covered in this review will be equal to the weighted-average dumping
margin that is 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 listed above, 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 participated; (3) if
the exporter is not a firm covered in this review, or the original
less-than-fair-value (LTFV) investigation, but the manufacturer is, the
cash deposit rate will be the cash deposit rate established for the
most recently completed segment for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 4.38 percent, the all-others rate
established in the LTFV investigation.\16\ These deposit requirements,
when imposed, 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 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 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.
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 return/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
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: June 26, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
Comment 1: Treatment of NEXTEEL's Non-Prime Products
Comment 2: NEXTEEL's Quarterly Cost
Comment 3: NEXTEEL's Suspended Production Lines
Comment 4: NEXTEEL's Obsolete Hot Rolled Steel Coil
Comment 5: Treatment of Cost of Goods Sold Assigned to SeAH's
Headquarters
Comment 6: SeAH's Scrap Offset
Comment 7: SeAH's General and Administrative Expenses
Comment 8: SeAH's Interest Expense Ratio
Comment 9: Reconciliation of State Pipe & Supply, Inc.'s Cost of
Further Manufacturing
Comment 10: State Pipe's COGS Accounts
Comment 11: State Pipe's G&A Expenses
Comment 12: State Pipe's Loan Forgiveness
Comment 13: Whether SeAH's Reported Movement Expenses Should Be
Deducted From its Home Market Price
[[Page 42298]]
Comment 14: Whether Commerce Should Use SeAH's Reported
Surrogate Costs
Comment 15: SeAH's Constructed Export Price Offset
Comment 16: Differential Pricing Methodology
Comment 17: SeAH's Assessment Rates
V. Recommendation
Appendix II
List of Companies Not Selected for Individual Review Receiving the
Review-Specific Rate
1. AJU BESTEEL Co., Ltd.
2. BDP International, Inc.
3. Daewoo International Corporation
4. Dong Yang Steel Pipe
5. Dongbu Incheon Steel Co.
6. Dongbu Steel Co., Ltd.
7. Dongkuk Steel Mill
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. 2023-13965 Filed 6-29-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 30, 2023.
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