Notice2023-23005
Large Diameter Welded Pipe From the Republic of Korea: Final Results 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
October 18, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that HiSteel Co., Ltd. (HiSteel) and the 21 non-examined companies, for which a review was requested, made sales of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) at prices below normal value (NV), while Hyundai Steel Company (Hyundai Steel) did not make sales of the subject merchandise at prices below NV, during the period of review (POR) May 1, 2021, through April 30, 2022.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 200 (Wednesday, October 18, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71826-71828]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23005]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-897]
Large Diameter Welded Pipe From the Republic of Korea: Final
Results 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) determines that
HiSteel Co., Ltd. (HiSteel) and the 21 non-examined companies, for
which a review was requested, made sales of large diameter welded pipe
(welded pipe) from the Republic of Korea (Korea) at prices below normal
value (NV), while Hyundai Steel Company (Hyundai Steel) did not make
sales of the subject merchandise at prices below NV, during the period
of review (POR) May 1, 2021, through April 30, 2022.
DATES: Applicable October 18, 2023.
FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0607 or (202)
482-5305, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 22, 2023, Commerce published its preliminary results in the
2021-2022 administrative review of the antidumping duty order on welded
pipe from Korea and invited interested parties to comment.\1\ A summary
of the events that occurred since publication of 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 administrative review in
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 88 FR 32729 (May 22, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review; 2021-2022:
Large Diameter Welded Pipe from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
[[Page 71827]]
Scope of the Order <SUP>3</SUP>
---------------------------------------------------------------------------
\3\ See Large Diameter Welded Pipe from the Republic of Korea:
Amended Final Affirmative Antidumping Determination and Antidumping
Duty Order, 84 FR 18767 (May 2, 2019) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is welded carbon and alloy
steel pipe (other than stainless steel pipe), more than 406.4 mm (16
inches) in nominal outside diameter (large diameter welded pipe),
regardless of wall thickness, length, surface finish, grade, end
finish, or stenciling. Imports of the product are currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 7305.11.1030, 7305.11.1060, 7305.11.5000,
7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of this
Order is dispositive. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed in
Appendix I to this notice. 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 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 our analysis of the comments received from interested
parties, Commerce made certain changes to the margin calculations for
HiSteel. The Issues and Decision Memorandum contains descriptions of
these changes.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
companies not selected for individual 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 an investigation, for guidance when determining the weighted-
average dumping margin 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 rates that are zero, de minimis or determined
entirely on the basis of facts available. For these final results of
review, we calculated a weighted-average dumping margin for Hyundai
Steel of zero and a weighted-average dumping margin for HiSteel that is
not zero, de minimis, or based entirely on facts available. Consistent
with Commerce's practice, we assigned HiSteel's weighted-average
dumping margin to the non-examined companies.\4\
---------------------------------------------------------------------------
\4\ See, e.g., Certain Corrosion-Resistant Steel Products from
the Republic of Korea: Final Results of Antidumping Duty
Administrative Review; 2020-2021, 88 FR 7406 (February 3, 2023).
---------------------------------------------------------------------------
Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the period May 1, 2021, through April 30, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
HiSteel Co., Ltd............................................ 6.17
Hyundai Steel Company....................................... 0.00
Non-Examined Companies \5\.................................. 6.17
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\5\ See Appendix II.
---------------------------------------------------------------------------
We intend to disclose the calculations performed for HiSteel within
five days of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b). Because we made no
changes to our preliminary weighted-average dumping margin calculations
for Hyundai Steel there are no calculations to disclose for this
company.
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
this review, in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of these
final results 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).
Pursuant to 19 CFR 351.212(b)(1), because HiSteel reported entered
value for all of their U.S. sales, 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
those sales. Where an importer-specific assessment rate is zero or de
minimis (i.e., less than 0.5 percent), the entries by that importer
will be liquidated without regard to antidumping duties. Because the
weighted-average dumping margin for Hyundai Steel is zero percent, we
intend to instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.\6\
---------------------------------------------------------------------------
\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
---------------------------------------------------------------------------
Consistent with Commerce's clarification of its assessment
practice, for entries of subject merchandise during the POR produced by
any of the above-referenced respondents for which they did not know the
merchandise was destined for the United States, we will instruct CBP to
liquidate those entries at the all-others rate established in the less-
than-fair-value (LTFV) investigation of 7.08 percent ad valorem \7\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\8\
---------------------------------------------------------------------------
\7\ See Order, 84 FR at 18769.
\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
For the non-examined companies subject to review, we will instruct
CBP to liquidate all applicable entries of subject merchandise during
the POR at the rate listed in the table above, which is equal to the
weighted-average dumping margin calculated for HiSteel.
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 as provided by section 751(a)(2)(C) of
the Act: (1) the cash deposit rate for the companies
[[Page 71828]]
listed above will be equal to the weighted-average dumping margin
established in the final results of the review; (2) for subject
merchandise exported by a company 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 or the original LTFV
investigation, 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 subject merchandise; (4) the cash
deposit rate for all other producers or exporters will continue to be
7.08 percent ad valorem, the all-others rate established in the LTFV
investigation.\9\
---------------------------------------------------------------------------
\9\ See Order, 84 FR at 18768.
---------------------------------------------------------------------------
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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 and/or countervailing 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 and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Orders
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
terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these results of administrative
review in accordance with sections 751(a) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: October 12, 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 to the Preliminary Results
V. Discussion of the Issues
General Issues
Comment 1: Differential Pricing
HiSteel-Specific Issues
Comment 2: Constructed Export Price Offset
Comment 3: Annual or Quarterly Cost Methodology
Comment 4: Selling, General, and Administrative Expenses
Comment 5: General and Administrative Expenses Offset
Hyundai Steel-Specific Issues
Comment 6: Correction of Draft Customs Instructions
SeAH-Specific Issues
Comment 7: Voluntary Respondent Treatment
VI. Recommendation
Appendix II
Review-Specific Average Rate Applicable to Companies Not Selected for
Individual Examination
1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Geumok Tech. Co. Ltd.
9. Hansol Metal Co. Ltd.
10. Husteel Co., Ltd.
11. Hyundai RB Co., Ltd.
12. Il Jin Nts Co. Ltd.
13. Kiduck Industries Co., Ltd.
14. Kum Kang Kind. Co., Ltd.
15. Kumsoo Connecting Co., Ltd.
16. Nexteel Co., Ltd.
17. SeAH Steel Corporation
18. Seonghwa Industrial Co., Ltd.
19. SIN-E B&P Co., Ltd.
20. Steel Flower Co., Ltd.
21. WELTECH Co., Ltd.
[FR Doc. 2023-23005 Filed 10-17-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on October 18, 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.