Notice2023-28585
Welded Line Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022
Primary source
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Published
December 28, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that SeAH Steel Corporation (SeAH), a producer/exporter of welded line pipe, did not make sales of subject merchandise at less than normal value (NV) during the period of review (POR), December 1, 2021, through November 31, 2022. Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 88 Issue 248 (Thursday, December 28, 2023)</title>
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[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89659-89661]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28585]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-876]
Welded Line Pipe From the Republic of Korea: Preliminary Results
of Antidumping Duty Administrative Review and Partial Rescission 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
determines that SeAH Steel Corporation (SeAH), a producer/exporter of
welded line pipe, did not make sales of subject merchandise at less
than normal value (NV) during the period of review (POR), December 1,
2021, through November 31, 2022. Interested parties are invited to
comment on these preliminary results of review.
DATES: Applicable December 28, 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 February 2, 2023, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on welded line pipe from the
Republic of Korea (Korea).\1\ On February 14, 2023, NEXTEEL Co., Ltd.
(NEXTEEL) timely withdrew its request for review.\2\ On March 10 and
14, 2023, Hyundai Steel Company (Hyundai Steel) and Husteel Co., Ltd.
(Husteel), respectively, timely withdrew their requests for review.\3\
On August 10, 2023, we extended the preliminary results of this review
to no later than December 20, 2023.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2, 2023); see also
Welded Line Pipe from the Republic of Korea and the Republic of
Turkey: Antidumping Duty Orders, 80 FR 75056, 75057 (December 1,
2015) (Order).
\2\ See NEXTEEL's Letter, ``Withdrawal of Request for
Administrative Review,'' dated February 14, 2023.
\3\ See Hyundai Steel's Letter, ``Withdrawal of Request for
Administrative Review,'' dated March 10, 2023; and Husteel's Letter,
``Withdrawal of Request for Administrative Review,'' dated March 14,
2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
August 10, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
For a full description of the methodology underlying our conclusions,
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>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Welded Line Pipe from Korea,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise subject to the Order is welded line pipe from
Korea. The product is currently classified under the following
Harmonized Tariff Schedule of the United States (HTSUS) subheadings:
7305.11.1030, 7305.11.1060, 7305.11.5000, 7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030, 7305.19.5000, 7306.19.1010, 7306.19.1050,
7306.19.5110, and 7306.19.5150. Although the HTSUS subheadings are
provided for convenience and for customs purposes, the written product
description remains dispositive. For a complete description of the
scope of the Order, see the Preliminary Decision Memorandum.
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 a
review
[[Page 89660]]
withdraws its request within 90 days of the date of publication of
notice of initiation. As noted above, the following companies timely
withdrew their review requests and no other party requested an
administrative review of these companies: Husteel, Hyundai Steel, and
NEXTEEL. Therefore, we are rescinding this administrative review with
respect to these companies, pursuant to 19 CFR 351.213(d)(1).
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Constructed
export price is calculated in accordance with section 772 of the Act.
Normal value is calculated in accordance with section 773 of the Act.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margin exists for the period
December 1, 2021, through November 30, 2022:
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Weighted-
average dumping
Producer/exporter margin
(percent)
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SeAH Steel Corporation................................. 0.00
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties within five days after the
date of publication of this notice.\6\ Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs no later than 30 days after
the date of publication of this notice. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\7\ Interested parties who submit
case briefs or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\8\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\8\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\9\ Further, we
request that interested parties limit their executive summary of each
issue to no more than 450 words, not including citations. We intend to
use the executive summaries as the basis of the comment summaries
included in the issues and decision memorandum that will accompany the
final results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Final Service Rule.
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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 by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. 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. Oral presentations at the
hearing will be limited to issues raised in the briefs. If a request
for a hearing is made, Commerce will inform parties of the scheduled
date for the hearing.\11\
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\11\ See 19 CFR 351.310(d).
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Assessment Rates
Upon issuing the final results, Commerce shall determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), SeAH did not
report 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. Where either the respondent's weighted-average dumping
margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific rate is zero or de minimis, we
will instruct CBP to liquidate the appropriate entries without regard
to antidumping duties.
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 the 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.
Because Commerce is rescinding this review with respect to Husteel,
Hyundai Steel, and NEXTEEL, Commerce will instruct CBP to assess
antidumping duties on all appropriate entries of subject merchandise
during the POR for these companies 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 its rescission instructions
to CBP no earlier than 35 days after the date of publication of this
notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
SeAH 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 for all
shipments of the 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 company
listed above will be that 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 previously investigated or
reviewed companies not covered in this review, the cash deposit rate
will continue to be the company-specific cash deposit rate published
for the most recently completed segment of this proceeding in which the
company participated; (3) if the exporter is not a firm covered in this
review, or the less-than-fair-value (LTFV) investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the
[[Page 89661]]
manufacturer 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 LTFV investigation.\12\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ See Order.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 20, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, in Part
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2023-28585 Filed 12-27-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 28, 2023.
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