Notice2024-25873
Large Diameter Welded Pipe From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 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
November 7, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that producers and/or exporters of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR), January 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 216 (Thursday, November 7, 2024)</title>
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[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Notices]
[Pages 88234-88236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25873]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-898]
Large Diameter Welded Pipe From the Republic of Korea: Final
Results of Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
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producers and/or exporters of large diameter welded pipe (welded pipe)
from the Republic of Korea (Korea) received countervailable subsidies
during the period of review (POR), January 1, 2022, through December
31, 2022.
DATES: Applicable November 7, 2024.
FOR FURTHER INFORMATION CONTACT: Jonathan Schueler or Brandon James,
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) 482-9175
or (202) 482-7472, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2024, Commerce published the Preliminary Results of this
administrative review in the Federal Register,\1\ and invited
interested parties to comment. For a complete description of the events
that followed the Preliminary Results, see the Issues and Decision
Memorandum.\2\ On July 22, 2024, Commerce tolled certain deadlines in
this administrative proceeding by seven days.\3\ On September 27, 2024,
Commerce extended the deadline for the final results to November 1,
2024.\4\
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\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Preliminary Results and Partial Rescission of the Countervailing
Duty Administrative Review; 2022, 89 FR 48382 (June 6, 2024)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Large Diameter Welded Pipe from the Republic of Korea; 2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 2022,'' dated September
26, 2024.
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Scope of the Order <SUP>5</SUP>
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\5\ See Large Diameter Welded Pipe from the Republic of Korea:
Countervailing Duty Order, 84 FR 18773 (May 2, 2019) (Order).
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The merchandise covered by the Order is welded pipe. For a complete
description of the scope of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed is
attached to this notice as an appendix. 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 directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of the case and rebuttal briefs and the
evidence on the record, we made certain changes from the Preliminary
Results. These changes are explained in the Issues and Decision
Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\ For a description of the methodology underlying Commerce's
conclusions, see the Issues and Decision Memorandum.
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Rate for Non-Selected Companies
Generally, Commerce looks to section 705(c)(5) of the Act for
guidance for calculating the rate for companies that were not selected
for individual examination in an administrative review. Section
705(c)(5)(A) of the Act states that for companies not investigated, in
general, we will determine an all-others rate by weight averaging the
countervailable subsidy rates established for each of the companies
individually investigated, excluding zero and de minimis rates or any
rates based solely on facts otherwise available. There are six
companies for which a review was requested and not rescinded, and which
were not selected as mandatory respondents or found to be cross-owned
with a mandatory respondent. For these non-selected companies, because
the rates calculated for mandatory respondents Hyundai RB and SeAH
Steel are above de minimis and not based entirely on facts available,
we are applying a subsidy rate based on a weighted average of the rates
calculated for the two mandatory respondents using the publicly-ranged
sales data they submitted on the record.\7\ This methodology is
consistent with our practice for establishing an all-others subsidy
rate pursuant to section 705(c)(5)(A) of the Act.
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\7\ See Preliminary Results, 89 FR 48383.
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This is the same methodology Commerce applied in the Preliminary
Results for determining a rate for companies not selected for
individual examination. However, due to changes in the calculations for
Hyundai RB, we revised the non-selected rate accordingly. Consequently,
we are applying an ad valorem subsidy rate of 0.56 percent for the six
non-selected companies for which a review was requested and not
rescinded.
Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we determine the following
net countervailable subsidy rates exist for the POR January 1, 2022,
through December 31, 2022:
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\8\ Commerce finds Shinchang Construction Co., Ltd. to be cross-
owned with Hyundai RB.
\9\ Commerce finds the following companies to be cross-owned
with SeAH Steel: SeAH Steel Holdings Corporation; and ESAB SeAH
Corporation.
\10\ Subject merchandise both produced and exported by Husteel
Co., Ltd. (Husteel) is excluded from the Order. Thus, Husteel's
inclusion in this administrative review is limited to entries for
which Husteel was not both the producer and exporter of the subject
merchandise.
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Subsidy rate
Company (percent ad
valorem)
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Hyundai RB Co., Ltd. and its cross-owned affiliate \8\.. 0.71
SeAH Steel Corporation and its cross-owned affiliates 0.54
\9\....................................................
Review-Specific Average Rate Applicable to the Following
Companies..............................................
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Chang Won Bending Co., Ltd.............................. 0.56
Dong Yang Steel Pipe Co., Ltd........................... 0.56
EEW Korea Co., Ltd...................................... 0.56
HiSteel Co., Ltd........................................ 0.56
Husteel Co., Ltd.\10\................................... 0.56
Kumsoo Connecting Co., Ltd.............................. 0.56
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Disclosure
Commerce intends to disclose to parties in this proceeding the
calculations performed for these final results of review within five
days of the date of publication of this notice in the Federal
Register.\11\
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\11\ See 19 CFR 351.224(b).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP)
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shall assess, countervailing duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed. 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 Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the companies listed above
based on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review.\12\ For all non-reviewed
firms subject to the Order, we will instruct CBP to continue to collect
cash deposits of estimated countervailing duties at the most recent
company-specific rate or the all-others rate established in the
original investigation (i.e., 9.29 percent), as appropriate.\13\ These
cash deposit requirements, effective upon publication of these final
results, shall remain in effect until further notice.
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\12\ See, e.g., Honey from Argentina: Results of Countervailing
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and
accompanying Issues and Decision Memorandum at Issue 4.
\13\ See Order, 84 FR 18775.
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Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: October 31, 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of Comments
Comment 1: Whether the Provision of Electricity for Less Than
Adequate Remuneration (LTAR) Is Countervailable
Comment 2: Whether the Demand Response Resources (DRR) Program
Is Countervailable
Comment 3: Whether Certain Programs Are De Facto Specific When
Widely Available and Used
Comment 4: Whether the Discount Electricity Charges for Energy
Storage Systems (ESS) Program Is Specific
VII. Recommendation
[FR Doc. 2024-25873 Filed 11-6-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 7, 2024.
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