Notice2023-26901
Large Diameter Welded Pipe From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 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
December 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that producers and/or exporters of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR), January 1, 2021, through December 31, 2021.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 234 (Thursday, December 7, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85236-85237]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26901]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-898]
Large Diameter Welded Pipe From the Republic of Korea: Final
Results of Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers and/or exporters of large diameter welded pipe (welded pipe)
from the Republic of Korea (Korea) received countervailable subsidies
during the period of review (POR), January 1, 2021, through December
31, 2021.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: Jonathan Schueler or Faris Montgomery,
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) 482-9175
or (202) 482-1537, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2023, Commerce published the Preliminary Results of this
administrative review in the Federal Register,\1\ and invited
interested parties to comment. For a complete description of the events
that followed the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce postponed these final results until December 1,
2023.\3\
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Preliminary Results and Partial Rescission of the Countervailing
Duty Administrative Review; 2021, 88 FR 37200 (June 7, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Large Diameter Welded Pipe from the Republic of Korea; 2021,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
\3\ See Memoranda, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2021,'' dated September
27, 2023; and ``Second Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2021,'' dated November 8,
2023.
---------------------------------------------------------------------------
Scope of the Order <SUP>4</SUP>
---------------------------------------------------------------------------
\4\ See Large Diameter Welded Pipe from the Republic of Korea:
Countervailing Duty Order, 84 FR 18773 (May 2, 2019) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is welded pipe. For a complete
description of the scope of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed is
attached to this notice as an appendix. 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 case and rebuttal briefs and the
evidence on the record, we made certain changes from the Preliminary
Results related to the benefit calculations of certain programs due to
data corrections based on verification findings. These changes are
explained in the Issues and Decision Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\5\ For a description of the methodology underlying Commerce's
conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in August and September
2023, Commerce conducted on-site verification of the subsidy
information reported by Hyundai RB Co., Ltd (Hyundai RB), SeAH Steel
Corporation (SeAH Steel), and the Government of Korea. We used standard
on-site verification procedures, including an examination of relevant
accounting records and original source documents provided by the
respondents.
Rate for Non-Selected Companies
Generally, Commerce looks to section 705(c)(5) of the Act for
guidance for calculating the rate for companies that were not selected
for individual examination in an administrative review. Section
705(c)(5)(A) of the Act states that for companies not investigated, in
general, we will determine an all-others rate by weight averaging the
countervailable subsidy rates established for each of the companies
individually investigated, excluding zero and de minimis rates or any
rates based solely on facts otherwise available. Here, the only rate
that is not zero, de minimis, or based entirely on facts otherwise
available is the rate calculated for Hyundai RB. Consequently, we are
assigning this rate to HiSteel Co., Ltd., the only company not selected
for individual examination.
Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we determine the following
net countervailable subsidy rates exist for the POR January 1, 2021,
through December 31, 2021:
[[Page 85237]]
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Hyundai RB Co., Ltd. and its cross-owned affiliates \6\... 1.54
SeAH Steel Corporation and its cross-owned affiliates \7\. * 0.19
HiSteel Co., Ltd.......................................... 1.54
------------------------------------------------------------------------
* (de minimis).
Disclosure
Commerce intends to disclose to parties in this proceeding the
calculations performed for these final results of review within five
days of the date of publication of this notice in the Federal
Register.\8\
---------------------------------------------------------------------------
\6\ Commerce finds Shinchang Construction Co., Ltd. to be cross-
owned with Hyundai RB.
\7\ Commerce finds the following companies to be cross-owned
with SeAH Steel: SeAH Holdings Corporation; and ESAB SeAH
Corporation.
\8\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review, for the above-listed companies at the applicable ad
valorem assessment rates listed. 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 Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the companies listed above
based on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review.\9\ For all non-reviewed
firms subject to the Order, we will instruct CBP to continue to collect
cash deposits of estimated countervailing duties at the most recent
company-specific rate or the all-others rate (i.e., 9.29 percent), as
appropriate.\10\ These cash deposit requirements, effective upon
publication of these final results, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\9\ See, e.g., Honey from Argentina: Results of Countervailing
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and
accompanying Issues and Decision Memorandum at Issue 4.
\10\ See Order, 84 FR at 18775.
---------------------------------------------------------------------------
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: December 1, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
Comment 1: Whether the Korea Emissions Trading System (K-ETS)
Program Is Countervailable
Comment 2: Whether the Provision of Electricity for Less Than
Adequate Remuneration (LTAR) Is Countervailable
Comment 3: Whether the Demand Response Resources (DRR) Program
Is Countervailable
Comment 4: Whether Certain Programs Are De Facto Specific When
Widely Available and Used
Comment 5: Whether the Energy Storage Systems (ESS) Program Is
Specific
Comment 6: Whether the Employment Security Improvement (ESI)
Program Is Countervailable
Comment 7: Whether To Adjust the Calculated Benefit Under
Restriction of Special Local Taxation Act (RSLTA) Article 78 for the
Payment of the Special Rural Development Tax (SRDT)
VII. Recommendation
[FR Doc. 2023-26901 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 7, 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.