Notice2024-12344
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 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
June 5, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Husteel Co., Ltd. (Husteel) and Hyundai Steel Company (Hyundai Steel) and certain producers/exporters subject to this administrative review made sales of circular welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea) at less than normal value during the period of review (POR), November 1, 2021, through October 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 109 (Wednesday, June 5, 2024)</title>
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[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Notices]
[Pages 48143-48145]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12344]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Husteel Co., Ltd. (Husteel) and Hyundai Steel Company (Hyundai Steel)
and certain producers/exporters subject to this administrative review
made sales of circular welded non-alloy steel pipe (CWP) from the
Republic of Korea (Korea) at less than normal value during the period
of review (POR), November 1, 2021, through October 31, 2022.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: Dusten Hom, AD/CVD Operations, Office
I, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-5075.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 2023, Commerce published the Preliminary Results of
this administrative review and invited comments from interested
parties.\1\ The review covers 23 producers and/or exporters of subject
merchandise. A summary of the events that occurred since Commerce
published 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 review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Circular Welded Non-Alloy Steel Pipe from the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2021-2022, 88
FR 84780 (December 6, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of the Antidumping Duty Order on
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea;
2021-2022,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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[[Page 48144]]
Scope of the Order <SUP>3</SUP>
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\3\ See Notice of Antidumping Duty 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) (Order).
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The merchandise subject to the Order is circular welded non-alloy
steel pipe and tube. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.\4\
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\4\ Id.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are listed in Appendix I to this notice and addressed in
the Issues and Decision Memorandum. 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 at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
For reasons explained in the Issues and Decision Memorandum, we
made a change to the calculation of Hyundai Steel's U.S. credit
expense. For a more detailed discussion of the changes, see the Issues
and Decision Memorandum.\5\
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\5\ Id.
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Final Determination of No Shipments
In the Preliminary Results, Commerce determined that HiSteel Co.,
Ltd (HiSteel) had no shipments of subject merchandise during the POR.
No party commented on this issue and because we have not received any
information to contradict our preliminary finding, we continue to find
that HiSteel did not have any shipments of subject merchandise during
the POR and intend to issue appropriate instructions to U.S. Customs
and Border Protection (CBP) based on the final results of this review.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to 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 a market
economy investigation, for guidance when calculating the rate 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
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' In this review, we calculated a
weighted-average dumping margin for the mandatory respondents, Husteel
and Hyundai Steel, that are 0.65 and 0.85 percent, respectively, and we
have assigned to the non-selected companies a rate of 0.75 percent,
which is the weighted-average dumping margin of Husteel and Hyundai
Steel, weighted by their publicly ranged U.S. sales values.\6\
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\6\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the dumping margins calculated
for the examined respondents; (B) a simple average of the dumping
margins calculated for the examined respondents; and (C) a weighted-
average of the dumping margins calculated for the examined
respondents using each company's publicly-ranged U.S. sale
quantities for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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Final Results of Administrative Review
We determine that the following estimated weighted-average dumping
margins exist for the period November 1, 2021 through October 31, 2022:
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\7\ See Appendix II for a full list of these companies.
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Husteel Co., Ltd............................................ 0.65
Hyundai Steel Company....................................... 0.85
Review-Specific Rate for Non-Examined Companies \7\......... 0.75
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Disclosure
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days of
the date of publication of this notice, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review. For
any individually examined respondents whose weighted-average dumping
margin is above de minimis, we calculated importer-specific ad valorem
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
entered value of the examined sales to that importer, and we will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this. 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 assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise during the POR produced by
Husteel or Hyundai Steel for which they did not know that the
merchandise was destined to the United States, we will instruct CBP to
liquidate those entries at the all-others rate of 4.80 percent, if
there is no rate for the intermediate company(ies) involved in the
transaction.\8\
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\8\ 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
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 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 in the Federal Register, as provided for
by section 751(a)(2) of the Act: (1) the cash deposit rate for
companies subject to this review will be the rates established in these
final results of the review; (2) for merchandise exported by producers
[[Page 48145]]
or exporters 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 rate published for the most recent period; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original investigation but the producer is, then the cash deposit rate
will be the rate established for the most recent period for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 4.80 percent,\9\ the all-
others rate established in the investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\9\ See Order.
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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 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 duties has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Order
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 the
terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy 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 Since the Preliminary Results
V. No Shipment Determination
VI. Discussion of the Issues
Comment 1: Hyundai Steel U.S. Credit Expenses
Comment 2: Constructed Export Price (CEP) Offset
Comment 3: Differential Pricing
VII. Recommendation
Appendix II
List of Companies Not Individually Examined
1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine Engineering (Dsme)
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel \10\
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\10\ This company is also known as Dongbu Steel Co., Ltd.
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9. Eew Korea Company
10. Hyundai Rb
11. Hyundai Steel Company \11\
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\11\ This company is also known as Hyundai Steel Corporation;
Hyundai Steel; and Hyundai Steel (Pipe Division).
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12. Kiduck Industries
13. Kum Kang Kind
14. Kumsoo Connecting
15. Miju Steel Mfg.\12\
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\12\ This company is also known as Miju Steel Manufacturing.
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16. Samkang M&T
17. Seah Fs
18. Seah Steel \13\
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\13\ This company is also known as Seah Steel Corporation.
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19. Steel Flower
20. Vesta Co., Ltd.
21. Ycp Co.
[FR Doc. 2024-12344 Filed 6-4-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 5, 2024.
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