Notice2023-16687
Welded Line Pipe From the Republic of Korea: Amended Final Results of Antidumping Duty Administrative Review in Part; 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
August 4, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on welded line pipe from the Republic of Korea to correct certain ministerial errors. The period of review (POR) is December 1, 2020, through November 30, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 149 (Friday, August 4, 2023)</title>
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[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51771-51773]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16687]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-876]
Welded Line Pipe From the Republic of Korea: Amended Final
Results of Antidumping Duty Administrative Review in Part; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
final results of the administrative review of the antidumping duty
order on welded line pipe from the Republic of Korea to correct certain
ministerial errors. The period of review (POR) is December 1, 2020,
through November 30, 2021.
DATES: Applicable August 4, 2023.
FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office
IX, 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 June 30, 2023, Commerce published the Final Results in the
Federal Register.\1\ On July 3, 2023, we received a timely submitted
ministerial error allegation from SeAH Steel Corporation (SeAH).\2\ We
are amending the Final Results to correct the ministerial errors raised
by SeAH.
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\1\ See Welded Line Pipe from the Republic of Korea: Final
Results of Antidumping Duty Administrative Review; 2020-2021, 88 FR
42295 (June 30, 2023) (Final Results) and accompanying Issues and
Decision Memorandum (IDM).
\2\ See SeAH's Letter, ``Comments on Ministerial Errors in the
Final Determination,'' dated July 3, 2023 (Ministerial Error
Comments).
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' \3\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any . . . ministerial
error by amending the final results of review . . . .''
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\3\ See 19 CFR 351.224(f).
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Ministerial Errors
In the Final Results, we made certain revisions to SeAH's
preliminary results calculations,\4\ including: (1) adjustments to
SeAH's affiliate State Pipe & Supply, Inc.'s (State Pipe's) further
manufacturing general and administrative (G&A) expense ratio; \5\ (2)
revisions to SeAH's G&A expense ratio; \6\ and (3) revisions to SeAH's
financial expense ratio.\7\ In its Ministerial Error Comments, SeAH
alleged that, in revising State Pipe's G&A expense ratio, Commerce
included certain adjustments that it rejected in the Final Results.
SeAH also alleged that in the comparison market and margin programs,
Commerce failed to multiply SeAH's G&A and financial expense ratios by
SeAH's total cost of manufacturing (COM) to determine the G&A and
financial expenses included in SeAH's total cost of production.\8\
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\4\ See Memorandum, ``SeAH Final Calculation Memorandum,'' dated
June 26, 2023.
\5\ See Final Results IDM at Comment 12.
\6\ Id. at Comment 7.
\7\ Id. at Comment 8.
\8\ See Ministerial Error Comments at 2-4.
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We agree with SeAH that we made ministerial errors in the Final
Results pursuant to section 751(h) of the Act and 19 CFR 351.224(f) and
have amended our calculations to correct State Pipe's G&A expense ratio
and to apply SeAH's G&A and financial expense ratios to total COM in
the comparison market and margin programs.
[[Page 51772]]
Pursuant to 19 CFR 351.224(e), we are amending the Final Results to
correct these ministerial errors in the calculation of the weighted-
average dumping margin for SeAH, which changes from 4.23 percent to
4.17 percent.
For a complete discussion of the ministerial error allegations, as
well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum.\9\ The Ministerial Error Memorandum is a public document
and is on file electronically via ACCESS. ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>.
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\9\ See Memorandum, ``Analysis of Ministerial Error
Allegations,'' dated concurrently with, and hereby adopted by, this
notice (Ministerial Error Memorandum); see also Memorandum,
``Calculations for SeAH Steel Corporation for the Amended Final
Results,'' dated concurrently with this notice.
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Furthermore, we are also amending the rate for the companies not
selected for individual examination in this review based on the
weighted-average dumping margins calculated for the mandatory
respondents,\10\ which changes from 3.27 percent to 3.24 percent.\11\
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\10\ The margin for the other mandatory respondent, NEXTEEL Co.,
Ltd. (NEXTEEL), remains unchanged from the Final Results and
continues to be 2.38 percent.
\11\ See Memorandum, ``Calculation of the Amended Final Cash
Deposit Rate for Non-Selected Companies,'' dated concurrently with
this notice.
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Amended Final Results of Review
As a result of correcting the ministerial errors described above,
we determine the following weighted-average dumping margins for the
period December 1, 2020, through November 30, 2021:
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\12\ See Appendix for a full list of these companies.
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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SeAH Steel Corporation...................................... 4.17
Companies Not Selected for Individual Review \12\........... 3.24
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Disclosure
We intend to disclose the calculations performed in connection with
these amended final results of review to parties in this review within
five days of the date of publication of this notice in the Federal
Register, 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 amended final
results of this review.
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. NEXTEEL's dumping margin did not change in
these amended results; therefore, we continue to calculate 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. Where
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 amended final results of this
review shall be the basis for the assessment of antidumping duties on
entries of merchandise covered by the amended final results of this
review and for the future deposits of estimated duties where
applicable.\13\
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\13\ 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 SeAH for which it did
not know that the merchandise it sold to an 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 amended 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 amended cash deposit requirements will be effective
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after June 30, 2023, the publication
date of the Final Results, as provided by section 751(a)(2)(C) of the
Act: (1) the amended cash deposit rate for the companies listed above
will be equal to the weighted-average dumping margin established in
these amended final results of review; (2) for merchandise exported by
producers or exporters not covered in this review but covered in a
prior completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published in the completed
segment 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 has been covered in a prior completed segment of this
proceeding, then the cash deposit rate will be the rate established in
the completed segment for the most recent period for the producer 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 less-than-fair-value investigation.\14\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\14\ See Welded Line Pipe from the Republic of Korea and the
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056, 75057
(December 1, 2015).
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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
[[Page 51773]]
and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these amended final results of review
in accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: July 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Companies Not Selected for Individual Examination 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. 2023-16687 Filed 8-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 4, 2023.
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