Notice2024-12116
Large Diameter Welded Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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
June 3, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) was not sold in the United States at less than normal value (NV) during the period of review (POR) May 1, 2022, through April 30, 2023. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 107 (Monday, June 3, 2024)</title>
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[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47523-47525]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12116]
[[Page 47523]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-897]
Large Diameter Welded Pipe From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that large diameter welded pipe (welded pipe) from the
Republic of Korea (Korea) was not sold in the United States at less
than normal value (NV) during the period of review (POR) May 1, 2022,
through April 30, 2023. We invite interested parties to comment on
these preliminary results.
DATES: Applicable June 3, 2024.
FOR FURTHER INFORMATION CONTACT: Kate Johnson or Davyd Williams, 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) 482-4929 or (202)
482-4338, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2019, Commerce published in the Federal Register the
antidumping duty order on welded pipe from Korea.\1\ On May 2, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On July 12, 2023, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the Order.\3\ Pursuant to section 751(a)(3)(A)
of the Tariff Act of 1930, as amended (the Act), on December 20, 2023,
Commerce extended the deadline for the preliminary results of this
review until May 30, 2024.\4\
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262, 44267 (July 12, 2023), and
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 62323, 62328 n.8 (September 11, 2023).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
20, 2023.
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Scope of the Order
The product covered by the Order is welded pipe from Korea. For a
full description of the scope, see the Preliminary Decision
Memorandum.\5\
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\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Antidumping Duty Administrative Review of Large
Diameter Welded Pipe from the Republic of Korea; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Act. Constructed export price is calculated
in accordance with section 772 of the Act. NV is calculated in
accordance with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics included 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 at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rate for Non-Selected 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 any zero and de minimis margins, and any
margins determined entirely {on the basis of facts available{time} .''
Where the rates for the individually examined companies are all
zero, de minimis, or determined entirely using facts available, section
735(c)(5)(B) of the Act instructs that Commerce ``may use any
reasonable method to establish the estimated all-others rate for
exporters and producers not individually investigated, including
averaging the estimated weighted average dumping margins determined for
the exporters and producers individually investigated.'' One such
reasonable method is to weight average the zero and de minimis rates,
and the rates determined entirely pursuant to facts available. In fact,
the SAA states that this is the ``expected'' method in such
circumstances.\6\
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\6\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA)
at 873.
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In this review, we have preliminarily calculated a weighted-average
dumping margin for each of the mandatory respondents, Hyundai Steel
Company (Hyundai Steel) and SeAH Steel Corporation (SeAH), that is zero
percent. Accordingly, we preliminarily assign to the non-selected
companies a dumping margin of zero percent consistent with section
735(c)(5)(B) of the Act.
Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period May 1, 2022, through April
30, 2023:
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\7\ See Appendix II.
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Weighted-
average
Exporter and/or producer dumping
margin
(percent)
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Hyundai Steel Company....................................... 0.00
SeAH Steel Corporation...................................... 0.00
Non-Examined Companies \7\.................................. 0.00
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Disclosure and Public Comment
Commerce intends to disclose its calculations performed for these
preliminary results to interested parties within five days of the date
of publication of this notice in the Federal Register in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\8\ 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.\9\
Interested parties
[[Page 47524]]
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.\10\ Case and rebuttal briefs should be filed using ACCESS.
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\8\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\9\ 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 Service Final Rule).
\10\ See 19 CFR 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 brief 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.\11\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public 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 public 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).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Final Rule, 88 FR at 67069.
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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. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and whether any
participant is a foreign national; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case and rebuttal briefs. An electronically filed
hearing request must be received successfully in its entirety via
ACCESS by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), upon completion of the final results of this
administrative review, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by this review.
If the weighted-average dumping margin for an individually examined
respondent is not zero or de minimis (i.e., less than 0.5 percent) in
the final results of this review, Commerce intends to calculate an
importer-specific ad valorem antidumping duty assessment rate based on
the ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales, in accordance
with 19 CFR 351.212(b)(1).\13\ We intend to instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis (i.e., 0.50 percent).
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\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012) (Final Modification).
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Where we do not have entered values for all U.S. sales to a
particular importer (or customer), we will calculate a per-unit
assessment rate by aggregating the antidumping duties due for all U.S.
sales to that importer (or customer) and dividing this amount by the
total quantity sold to that importer (or customer).\14\ To determine
whether a per-unit assessment rate is de minimis, we will calculate
estimated entered values.
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\14\ See 19 CFR 351.212(b)(1).
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If the weighted-average dumping margin for an individually examined
respondent or an importer-specific assessment rate is zero or de
minimis in the final results of review, we intend to instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\15\ The final results of this administrative review shall be
the basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.\16\
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\15\ See 19 CFR 351.106(c)(2); see also Final Modification, 77
FR at 8103.
\16\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by each
individually examined respondent for which it did not know that the
merchandise was destined for the United States, we intend to instruct
CBP to liquidate unreviewed entries at the all-others rate (i.e., 7.08
percent) established in the less-than-fair-value (LTFV) investigation
\17\ if there is no rate for the intermediate company involved in the
transaction.\18\
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\17\ See Order, 87 FR at 14515.
\18\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
administrative 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 cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
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)(C) of the Act:
(1) the cash deposit rate for Hyundai Steel and SeAH will be equal to
the weighed-average dumping margin established in the final results of
this administrative 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 merchandise exported by a company 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 cash deposit rate published in
the completed segment for the most recent period; (3) if the exporter
is not a firm covered in this review, or a previous segment, but the
producer is, then the cash deposit rate will be the rate established in
the completed segment for the most recent period of the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 7.08 percent, the all-others rate
established in the LTFV investigation.\19\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\19\ See Order, 84 FR at 18769.
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Final Results of the Review
Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
our analysis of issues raised by interested parties in any case or
rebuttal briefs, within 120 days
[[Page 47525]]
of publication of these preliminary results in the Federal
Register.\20\
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\20\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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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 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 doubled antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
non-exclusive functions and duties of the 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II--Companies Not Selected for Individual Review
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. HiSteel Co., Ltd.
11. Husteel Co., Ltd.
12. Hyundai RB Co., Ltd.
13. Il Jin Nts Co. Ltd.
14. Kiduck Industries Co., Ltd.
15. Kum Kang Kind. Co., Ltd.
16. Kumsoo Connecting Co., Ltd.
17. Nexteel Co., Ltd.
18. Seonghwa Industrial Co., Ltd.
19. SIN-E B&P Co., Ltd.
20. Steel Flower Co., Ltd.
21. WELTECH Co., Ltd.
[FR Doc. 2024-12116 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 3, 2024.
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