Notice2024-23265
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Results and Rescission of Antidumping Duty Administrative Review, in Part; 2022-2023
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Published
October 8, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that heavy walled rectangular welded carbon steel pipes and tubes (HWRPT) from the Republic of Korea (Korea) were not sold at less than normal value during the period of review (POR) September 1, 2022, through August 31, 2023. In addition, Commerce is rescinding this administrative review in part, with respect to two companies for which the request for review was timely withdrawn. We invite interested parties to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 89 Issue 195 (Tuesday, October 8, 2024)</title>
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[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81425-81428]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23265]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-880]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Korea: Preliminary Results and Rescission of
Antidumping Duty Administrative Review, in Part; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that heavy walled rectangular welded carbon steel pipes and tubes
(HWRPT) from the Republic of Korea (Korea) were not sold at less than
[[Page 81426]]
normal value during the period of review (POR) September 1, 2022,
through August 31, 2023. In addition, Commerce is rescinding this
administrative review in part, with respect to two companies for which
the request for review was timely withdrawn. We invite interested
parties to comment on these preliminary results of review.
DATES: Applicable October 8, 2024.
FOR FURTHER INFORMATION CONTACT: Samantha Kinney, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2285.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2016, Commerce published in the Federal Register
the antidumping duty order on HWRPT from Korea.\1\ On September 6,
2023, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order.\2\ On
November 15, 2023, based on timely requests for review, in accordance
with 19 CFR 351.221(c)(1)(i), we initiated an antidumping duty
administrative review of three producers and exporters of the subject
merchandise.\3\ On November 16 and 17, 2023, respectively, NEXTEEL Co.,
Ltd. (NEXTEEL) and Dong-A-Steel Co., Ltd. (DOSCO) withdrew their
requests for an administrative review.\4\ The sole company remaining
subject to this review is HiSteel Co., Ltd. (HiSteel).
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\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Antidumping Duty Orders, 81 FR 62865 (September 13, 2016)
(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 60923 (September
6, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 78298, 78300 (November 15, 2023).
\4\ See NEXTEEL's Letter, ``Withdrawal of Request for
Administrative Review,'' dated November 16, 2023 (NEXTEEL's
Withdrawal Request); see also DOSCO's Letter, ``Withdrawal of
Request for Administrative Review for DOSCO,'' dated November 17,
2023 (DOSCO's Withdrawal Request).
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On May 9, 2024, Commerce extended the deadline for the preliminary
results of this review until September 25, 2025.\5\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\6\ The deadline for the preliminary results is now October
2, 2024. For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated May 9,
2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from
the Republic of Korea; 2022-2023,'' 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 certain heavy walled
rectangular welded steel pipes and tubes from Korea. For a full
description of the scope of the Order see Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) 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. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of 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>.
Recission of Review, In Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. On
November 16 and 17, 2023, respectively, NEXTEEL and DOSCO withdrew
their requests for an administrative review.\8\ Because no other
parties requested a review of these two companies, we are rescinding
the administrative review in part, with respect to these two companies.
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\8\ See NEXTEEL's Withdrawal Request; see also DOSCO's
Withdrawal Request.
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Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period
September 1, 2022 through August 31, 2023:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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HiSteel Co., Ltd........................................... 0.00
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed for these preliminary results to interested parties within
five days after public announcement, or if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register.\9\
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\9\ See 19 CFR 351.224(b).
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Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\10\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than five days after the date for filing case briefs.\11\
Interested parties who submit case or rebuttal briefs in this
proceeding must submit: (1) a table of contents listing each issue; and
(2) a table of authorities.\12\
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\10\ See 19 CFR 351.303 (for general filing requirements).
\11\ 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 Procedures).
\12\ 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 brief that should be limited to five pages
total, including footnotes. In this administrative 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.\13\ 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
[[Page 81427]]
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).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Procedures.
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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. Hearing 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. Issues raised in the hearing will be limited to
those raised in the respective case briefs. A hearing request must be
received within 30 days after the date of publication of this notice.
If a request for a hearing is made, Commerce intends to hold a hearing
at a time and date to be determined and will notify the parties through
ACCESS.\15\ Parties should confirm the date, time, and location of the
hearing two days before the scheduled date.
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\15\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\16\ An electronically-
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline.
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\16\ See 19 CFR 351.303.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, 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.\17\
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\17\ See 19 CFR 351.212(b)(1).
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For the companies for which this review is being rescinded, in
part, Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Antidumping duties shall be assessed at rates
equal to the cash deposit rate for 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). With respect
to the recission of this review, in part, Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
Pursuant to 19 CFR 351.212(b)(1), if the weighted-average dumping
margin for HiSteel is not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review, Commerce intends to
calculate importer-specific ad valorem assessment rates 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. If HiSteel's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific ad valorem
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.\18\ 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.\19\
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\18\ See 19 CFR 351.106(c)(2); see also 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).
\19\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
HiSteel 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., 3.24 percent) in the original
less than fair value (LTFV) investigation \20\ if there is no rate for
the intermediate company(ies) involved in the transaction.\21\
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\20\ See Order, 81 FR at 62865.
\21\ 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
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 upon
publication in the Federal Register of the notice of final results of
this 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 HiSteel will be equal to the weighted-
average dumping margin 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 reviewed or investigated
companies not participating in this review, the cash deposit rate will
continue to be the company-specific rate published for the most
recently-completed segment of this proceeding in which the company was
reviewed; (3) if the exporter is not a firm covered in this review, a
prior review, or the LTFV investigation, but the producer is, then the
cash deposit rate will be the cash deposit rate established in the
completed segment for the most recent period for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 3.24 percent, the all-others rate
established in the LTFV investigation.\22\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\22\ See Order.
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Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written comments, within 120 days of publication of these preliminary
results in the Federal Register.\23\
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\23\ See section 751(a)(3)(A) of the Act; see also 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 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 preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
[[Page 81428]]
Dated: October 2, 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
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-23265 Filed 10-7-24; 8:45 am]
BILLING CODE 3510-DS-P
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