Notice2023-22132
Certain Oil Country Tubular Goods From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 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
October 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that certain oil country tubular goods (OCTG) from the Republic of Korea (Korea) were sold in the United States at prices below normal value. The period of review (POR) is September 1, 2021, through August 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 192 (Thursday, October 5, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69118-69121]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22132]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 69119]]
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
certain oil country tubular goods (OCTG) from the Republic of Korea
(Korea) were sold in the United States at prices below normal value.
The period of review (POR) is September 1, 2021, through August 31,
2022. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Mark Flessner,
AD/CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4475 or (202)
482-6312, respectively.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results are made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this administrative review on
November 3, 2022.\1\ Commerce selected Hyundai Steel Company (Hyundai
Steel) and SeAH Steel Corporation (SeAH) as the two mandatory
respondents in this review.\2\ On May 4, 2023, in accordance with
section 751(a)(3)(A) of the Act, Commerce extended the preliminary
results of review by 119 days, until September 29, 2023.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022).
\2\ See Memorandum, ``2021-2022 Administrative Review of the
Antidumping Duty Order on Oil Country Tubular Goods from the
Republic of Korea: Respondent Selection,'' dated December 8, 2022.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated May 4,
2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\4\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix I 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>.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Certain Oil Country Tubular Goods from the Republic of
Korea'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>5</SUP>
---------------------------------------------------------------------------
\5\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil
Country Tubular Goods from the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value, 79 FR
53691 (September 10, 2014) (Order).
---------------------------------------------------------------------------
The product covered by the Order is OCTG from Korea. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(2) of the Act. Commerce has calculated export
prices in accordance with section 772(a) of the Act. Constructed export
prices have been calculated in accordance with section 772(b) of the
Act. Normal value is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
On November 8, 2022, HiSteel Co., Ltd. (HiSteel) submitted a letter
certifying that it had no exports or sales of subject merchandise into
the United States during the POR.\6\ U.S. Customs and Border Protection
(CBP) did not have any information to contradict this claim of no
shipments during the POR.\7\ Therefore, we preliminarily determine that
HiSteel did not have any shipments of subject merchandise during the
POR. Consistent with Commerce's practice, we will not rescind the
review with respect to HiSteel but will complete the review and issue
instructions to CBP based on the final results.\8\
---------------------------------------------------------------------------
\6\ See HiSteel's Letter, ``No Shipments Letter,'' dated
November 8, 2022.
\7\ See Memorandum, ``Certain Oil Country Tubular Goods from the
Republic of Korea 2021-22: No Shipment Inquiry for HiSteel Co.,
Ltd., During the Period 09/01/2021 through 08/31/2022,'' dated
September 26, 2023.
\8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
---------------------------------------------------------------------------
Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the rate to
be applied to companies not selected for 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} .''
For these preliminary results, we calculated a dumping margin of
1.18 percent for SeAH and zero percent for Hyundai Steel, the mandatory
respondents in this review. Consistent with our normal methodology, we
have assigned to the companies not individually examined (see Appendix
II for a full list of these companies) a margin of 1.18 percent, which
is the margin calculated for SeAH.
Preliminary Results of Review
Commerce preliminarily finds that, for the period September 1,
2021, through August 31, 2022, the following weighted-average dumping
margins exist:
---------------------------------------------------------------------------
\9\ See Appendix II.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai Steel Company....................................... 0.00
SeAH Steel Corporation...................................... 1.18
Non-examined companies \9\.................................. 1.18
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to the parties within five days after public
announcement of the preliminary results in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than 30
days after the date of publication of these preliminary results of
review.\10\ Rebuttal briefs may be filed no later than seven days after
case briefs are due and may
[[Page 69120]]
respond only to arguments raised in the case briefs.\11\ 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\ Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\13\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(c)(ii).
\11\ See 19 CFR 351.309(d).
\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. An electronically filed document 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\ 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.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rate
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\15\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., greater than or equal to 0.5
percent) in the final results of this review, we will calculate
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 review. For entries of subject
merchandise during the POR produced by each respondent for which it did
not know its merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\16\ Where the individually-selected respondent's weighted-
average dumping margin is zero or de minimis, 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.
---------------------------------------------------------------------------
\16\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the companies which were not selected for individual review, we
intend to assign an assessment rate based on the methodology described
in the ``Rates for Non-Examined Companies'' section. The final results
of this review shall be the basis for the assessment of antidumping
duties on entries of merchandise covered by this review where
applicable.
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.\17\ 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).
---------------------------------------------------------------------------
\17\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 884 (January
15, 2021).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of this 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) of the Act: (1) the cash
deposit rate for the companies listed in the final results of review
will be equal to the weighted-average dumping margin established in the
final results of this administrative 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
recently completed segment of this proceeding in which they were
reviewed; (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
recently completed segment of this proceeding for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 5.24 percent, the all-others rate
established in the less-than-fair-value investigation.\18\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\18\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Notice of Court Decision Not in Harmony with Final
Determination, 81 FR 59603 (August 30, 2016).
---------------------------------------------------------------------------
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 POR. 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
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.221(b)(4).
Dated: September 28, 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. Rates for Non-Examined Companies
V. Preliminary Determination of No Shipments
VI. Affiliation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
Appendix II
List of Companies Not Individually Examined
1. AJU Besteel Co., Ltd.
2. Dong-A Steel Co., Ltd.
3. Husteel Co., Ltd.
4. ILJIN Steel Corporation
5. K Steel Corporation
6. Keonwoo Metals Co., Ltd.
7. Kukje Steel
8. MSTEEL Co., Ltd.
9. NEXTEEL Co., Ltd.
10. Nissei Trading Co., Ltd.
[[Page 69121]]
11. POSCO International Corporation
12. Sungwon Steel Co., Ltd.
13. TGS Pipe
[FR Doc. 2023-22132 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on October 5, 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.