Circular Welded Non-Alloy Steel Pipe From the Republic of Korea; Oil Country Tubular Goods From the Republic of Korea; Welded Line Pipe From the Republic of Korea; and Large Diameter Welded Pipe From the Republic of Korea: Notice of Initiation of Antidumping Duty Changed Circumstances Reviews
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to determine whether Hyundai Steel Pipe Co., Ltd. (HSP) is the successor-in-interest to Hyundai Steel Company (Hyundai Steel) in the context of the antidumping duty (AD) orders on circular welded non-alloy steel pipe (CWP); oil country tubular goods (OCTG); welded line pipe (WLP); and large diameter welded pipe (LDWP) from the Republic of Korea (Korea).
Full Text
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<title>Federal Register, Volume 89 Issue 81 (Thursday, April 25, 2024)</title>
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[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Notices]
[Pages 31726-31727]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08894]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809, A-580-870, A-580-876, A-580-897]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea;
Oil Country Tubular Goods From the Republic of Korea; Welded Line Pipe
From the Republic of Korea; and Large Diameter Welded Pipe From the
Republic of Korea: Notice of Initiation of Antidumping Duty Changed
Circumstances Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating a
changed circumstances review (CCR) to determine whether Hyundai Steel
Pipe Co., Ltd. (HSP) is the successor-in-interest to Hyundai Steel
Company (Hyundai Steel) in the context of the antidumping duty (AD)
orders on circular welded non-alloy steel pipe (CWP); oil country
tubular goods (OCTG); welded line pipe (WLP); and large diameter welded
pipe (LDWP) from the Republic of Korea (Korea).
DATES: Applicable April 25, 2024.
FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; (202) 482-0167.
SUPPLEMENTARY INFORMATION:
Background
On November 2, 1992, September 10, 2014, December 1, 2015, and May
2, 2019, respectively, Commerce published in the Federal Register AD
orders on CWP, OCTG, WLP, and LDWP from Korea.\1\ On March 11, 2024,
HSP requested that, pursuant to section 751(b)(1) of the Tariff Act of
1930, as amended (the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3),
Commerce conduct an expedited CCR to determine that HSP is the
successor-in-interest to Hyundai Steel and accordingly to assign it the
cash deposit rates currently applicable to Hyundai Steel pursuant to
CWP Order, OCTG Order, WLP Order, and LDWP Order.\2\ In its submission,
HSP stated that on April 1, 2021, Hyundai Steel restructured to
organize its internal departmental units on the basis of product type
through the end of 2023. HSP stated that on September 26, 2023, Hyundai
Steel's board of directors
[[Page 31727]]
approved a plan to spin off its Steel Pipe Business Division into an
independent operating company named Hyundai Steel Pipe Co., Ltd (HSP).
HSP stated that, on October 25, 2023, Hyundai Steel's board of
directors approved a resolution to transfer its assets and liabilities
to HSP.\3\
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\1\ See Notice of Antidumping Orders: Certain Circular Welded
Non-Alloy Steel Pipe from Brazil, the Republic of Korea (Korea),
Mexico, and Venezuela, and Amendment to Final Determination of Sales
at Less Than Fair Value: Certain Circular Welded Non-Alloy Steel
Pipe from Korea, 57 FR 49453 (November 2, 1992) (CWP Order); 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)
(OCTG Order); Welded Line Pipe from the Republic of Korea and the
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056 (December
1, 2015) (WLP Order); and Large Diameter Welded Pipe from the
Republic of Korea: Amended Final Affirmative Antidumping
Determination and Antidumping Duty Order, 84 FR 18767 (May 2, 2019)
(LDWP Order) (collectively, Orders).
\2\ See HSP's Letter, ``Hyundai Steel Pipe Request for Changed
Circumstances Review,'' dated March 11, 2024 (HSP's CCR Request).
\3\ Id.
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Scope of the Orders
The merchandise covered by these orders is CWP, OCTG, WLP, and LDWP
from Korea.\4\
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\4\ For a complete description of the scope of each of these
orders, see CWP Order, OCTG Order, WLP Order, and LDWP Order.
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Initiation of CCRs
Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d),
Commerce conducts a CCR upon receipt of information concerning, or a
request from, an interested party for a review of an AD and/or CVD
order which shows changed circumstances sufficient to warrant a review
of the order. The information submitted by HSP regarding its claim that
it is the successor-in-interest to Hyundai Steel demonstrates changed
circumstances sufficient to warrant the initiation of such reviews.\5\
Therefore, in accordance with section 751(b)(1)(A) of the Act and 19
CFR 351.216(d) and (e), we are initiating the CCRs.
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\5\ See HSP's CCR Request.
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In making a successor-in-interest determination, Commerce examines
several factors, including, but not limited to, changes in the
following: (1) management; (2) production facilities; (3) supplier
relationships; and (4) customer base.\6\ While no single factor or
combination of factors will necessarily provide a dispositive
indication of a successor-in-interest relationship, generally, Commerce
will consider the new company to be the successor to the previous
company if the new company's resulting operation is not materially
dissimilar to that of its predecessor.\7\ Thus, if the record evidence
demonstrates that, with respect to the production and sale of the
subject merchandise, the new company operates as the same business
entity as the predecessor company, Commerce may assign the new company
the cash deposit rate of its predecessor.\8\
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\6\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from
India Preliminary Results), unchanged in Certain Frozen Warmwater
Shrimp from India: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 81 FR 90774 (December 15, 2016)
(Shrimp from India Final Results).
\7\ See, e.g., Shrimp from India Preliminary Results, 81 FR at
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
\8\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002);
Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010);
and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea;
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded
Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty
Changed Circumstances Review, 63 FR 20572 (April 27, 1998), in which
Commerce found that a company which only changed its name and did
not change its operations is a successor-in-interest to the company
before it changed its name.
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Pursuant to 19 CFR 351.221(c)(3)(ii), Commerce may combine the
notices of initiation and preliminary results of a CCR into a single
notice if it concludes that expedited action is warranted. We have
determined that it is appropriate to further consider, and potentially
seek additional information regarding, certain factors noted above that
Commerce examines in successor-in-interest CCRs. Therefore, we have
determined that expedited action is not warranted, and we have not
combined the notice of preliminary results of the CCRs with this
notice. Commerce intends to publish in the Federal Register a notice of
the preliminary results of this CCR, in accordance with 19 CFR
351.221(b)(4) and (c)(3)(i), which will set forth Commerce's
preliminary factual and legal conclusions. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will have an opportunity to
comment on the preliminary results.
Unless extended, Commerce intends to issue the final results of
this CCR within 270 days after the date of initiation, in accordance
with 19 CFR 351.216(e).
Notification to Interested Parties
We are issuing this notice in accordance with sections 751(b)(1)
and 777(i) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).
Dated: April 19, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy & Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-08894 Filed 4-24-24; 8:45 am]
BILLING CODE 3510-DS-P
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