Notice2023-16688
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Results and Rescission, in Part, 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
August 4, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that heavy walled rectangular welded carbon steel pipes and tubes (HWR) from the Republic of Korea (Korea) were not sold at less than normal value during the period of review (POR) September 1, 2021, through August 31, 2022. In addition, Commerce is rescinding this administrative review in part with respect to two companies for which the request for review was timely withdrawn. We invite interested parties to comment on these preliminary results of review.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 149 (Friday, August 4, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51773-51775]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16688]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-880]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Korea: Preliminary Results and Rescission, in Part, 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 finds
that heavy walled rectangular welded carbon steel pipes and tubes (HWR)
from the Republic of Korea (Korea) were not sold at less than normal
value during the period of review (POR) September 1, 2021, through
August 31, 2022. In addition, Commerce is rescinding this
administrative review in part with respect to two companies for which
the request for review was timely withdrawn. We invite interested
parties to comment on these preliminary results of review.
DATES: Applicable August 4, 2023.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado, 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) 482-4682.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2016, Commerce published in the Federal Register
the antidumping duty order on HWR from Korea.\1\ On September 1, 2022,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On November 3, 2022,
based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an antidumping duty administrative
review of three producers and exporters of the subject merchandise.\3\
On November 7, 2022, Dong-A-Steel Co., Ltd. and SeAH Steel Corporation
(collectively, DOSCO/SeAH) withdrew its request for an administrative
review.\4\ Commerce issued the antidumping duty (AD) questionnaire to
the two remaining companies, HiSteel Co., Ltd. (HiSteel) and NEXTEEL
Co., Ltd. (NEXTEEL). On December 20, 2022, HiSteel withdrew its request
for an administrative review.\5\ Thus, we conducted a review with
respect to the sole remaining company subject to the administrative
review, NEXTEEL.
---------------------------------------------------------------------------
\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Antidumping Duty Orders, 81 FR 62865 (September 13, 2016)
(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 53719 (September
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022).
\4\ See DOSCO/SeAH's Letter, ``Withdrawal of Request for
Administrative Review for DOSCO and SeAH Steel,'' dated November 7,
2022. In a prior administrative review, Commerce collapsed Dong-A
Steel Co., Ltd. with its affiliated producer, SeAH Steel
Corporation, and we continue to treat these companies as a single
entity, in accordance with 19 CFR 351.401(f). See Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of
Korea: Final Results of Antidumping Duty Administrative Review;
2018-2019, 86 FR 35060, 35061 (July 1, 2021).
\5\ See HiSteel's Letter, ``Withdrawal of Request for
Administrative Review for HiSteel,'' dated December 20, 2022.
---------------------------------------------------------------------------
On May 5, 2023, Commerce extended the preliminary results of this
review until August 1, 2023.\6\ For a complete description of the
events that followed the initiation of this review, see the Preliminary
Decision Memorandum.\7\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of the 5th Antidumping Duty Administrative Review,'' dated
May 5, 2023.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022: Heavy
Walled Rectangular Welded Carbon Steel Pipes and Tubes from the
Republic of Korea,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are certain heavy walled
rectangular welded steel pipes and tubes from Korea.\8\
---------------------------------------------------------------------------
\8\ For a complete description of the scope of the Order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance with section 772 of the Act.
Normal value is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
the topics discussed in the Preliminary Decision Memorandum is attached
as an appendix 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>.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws its request within 90 days of the date of
publication of notice of initiation. Because as stated above, DOSCO/
SeAH and HiSteel withdrew
[[Page 51774]]
their respective review requests, and no other party requested an
administrative review of these companies, we are rescinding the
administrative review with respect to DOSCO/SeAH and HiSteel, pursuant
to 19 CFR 351.213(d)(1).
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period September 1, 2021, through August
31, 2022:
------------------------------------------------------------------------
Weighted-
average dumping
Producer/exporter margin
(percent)
------------------------------------------------------------------------
NEXTEEL Co., Ltd....................................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed to
interested parties within five days after public announcement of the
preliminary results.\9\ Interested parties may submit case briefs no
later than 30 days after the date of publication of this notice.\10\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than seven days after the deadline for filing case
briefs.\11\ Interested 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.\12\ Commerce has modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\13\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c).
\11\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
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.\14\ 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. Issues raised in the hearing will be
limited to those raised in the respective case briefs. If a request for
a hearing is made, Commerce intends to hold the hearing at a time and
date to be determined. An electronically filed hearing request must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS by 5:00 p.m. Eastern Time within 30 days after the date
of publication of this notice.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Verification
On February 7, 2023, Nucor Tubular Products Inc., a domestic
interested party, requested that Commerce conduct verification of
NEXTEEL's responses. Accordingly, as provided in section 782(i)(3) of
the Act, we verified information relied upon for the preliminary
results of this review.
Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries.\15\ If the
weighted average dumping margin for NEXTEEL is not zero or de minimis
(i.e., less than 0.5 percent) in the final results of this review, we
intend to calculate importer-specific ad valorem antidumping duty
assessment rates based on the ratio of the total amount of dumping
calculated for each importer's examined sales to the total entered
value of those same sales in accordance with 19 CFR 351.212(b)(1).\16\
If the weighted-average dumping margin or an importer-specific
assessment rate is zero or de minimis in the final results of review,
we intend to instruct CBP to liquidate entries without regard to
antidumping duties.\17\ The final results of this administrative 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.\18\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.212(b).
\16\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\17\ Id. 77 FR at 8102; see also 19 CFR 351.106(c)(2).
\18\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by
NEXTEEL for which it did not know that the merchandise it sold was
destined for the United States, 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.\19\
---------------------------------------------------------------------------
\19\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Because Commerce is rescinding this review with respect to DOSCO/
SeAH and HiSteel, Commerce will instruct CBP to assess antidumping
duties on all appropriate entries of HWR during the POR at rates equal
to the cash deposit rate of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i).
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 upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided by section 751(a)(2)(C) of the Act: (1)
the cash deposit rate for the exporter 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 merchandise exported by a
company 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 cash deposit rate published in the completed segment for the
most recent period; (3) if the exporter is not a firm covered in this
review, or a previous segment, but the producer is, 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 producers or exporters will continue to
be 3.24 percent, the all-others rate established in the less-than-fair-
value investigation.\20\ These deposit requirements, when imposed,
shall remain in effect until further notice.
---------------------------------------------------------------------------
\20\ See Order.
---------------------------------------------------------------------------
Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested
[[Page 51775]]
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).
Notification to Importers
This notice 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 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 preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: July 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2023-16688 Filed 8-3-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 4, 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.