Oil Country Tubular Goods From the Republic of Korea: Preliminary Results and Rescission, In Part, of Countervailing Duty Administrative Review; 2022
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were not provided to SeAH Steel Corporation and its cross-owned affiliate, SeAH Steel Holdings Corporation (collectively, the SeAH Steel Companies), a producer and exporter of oil country tubular goods (OCTG) from the Republic of Korea (Korea). The period of review (POR) is September 29, 2022, through December 31, 2022. Additionally, Commerce is rescinding this review, in part, with respect to four companies. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100969-100971]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29325]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-913]
Oil Country Tubular Goods From the Republic of Korea: Preliminary
Results and Rescission, In Part, of Countervailing Duty Administrative
Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were not provided to SeAH
Steel Corporation and its cross-owned affiliate, SeAH Steel Holdings
Corporation (collectively, the SeAH Steel Companies), a producer and
exporter of oil country tubular goods (OCTG) from the Republic of Korea
(Korea). The period of review (POR) is September 29, 2022, through
December 31, 2022. Additionally, Commerce is rescinding this review, in
part, with respect to four companies. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz, 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) 482-2972.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2023, based on timely requests for review and in
accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice of
initiation of an administrative review of the Order with respect to
five companies.\1\ On July 17, 2024, Commerce extended the time period
for issuing these preliminary results by 120 days, in accordance with
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the
Act).\2\ On July 22, 2024, Commerce tolled certain deadlines in this
administrative review by seven days.\3\ The deadline for these
preliminary results is now December 6, 2024.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 29, 2023) (Initiation
Notice); see also Oil Country Tubular Goods from the Republic of
Korea and the Russian Federation: Countervailing Duty Orders, 87 FR
70782 (November 21, 2022) (Order). We initiated the current review
with respect to four companies and a deferred review of one company.
See Initiation Notice, 88 FR at 90172, 90173 and n.5.
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated July
17, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included 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>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Oil Country Tubular Goods from the Republic of Korea;
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is OCTG from Korea. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, In Part
In accordance with 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested the review withdraw their requests within 90 days of the date
of publication of the notice of initiation of the requested review.
Commerce received timely-filed withdrawal requests with respect to AJU
Besteel Co., Ltd. (AJU Besteel); Husteel Co., Ltd. (Husteel); ILJIN
Steel Corporation (ILJIN); and NEXTEEL Co., Ltd. (NEXTEEL), pursuant to
19 CFR 351.213(d)(1). Because the withdrawal requests were timely
filed, and no other parties requested a review of these companies, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review of the Order with respect to these four companies.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Act. For each of the subsidy programs
found countervailable, Commerce preliminarily determines that there is
a
[[Page 100970]]
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and the subsidy is specific.\5\ For
a full description of the methodology underlying our conclusions, see
the Preliminary Decision Memorandum.
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\5\ 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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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rate exists for the POR,
September 29, 2022, through December 31, 2022:
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Subsidy rate (percent ad
Producer/exporter valorem)
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SeAH Steel Corporation; SeAH Steel Holding 0.14
Corporation \6\..............................
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* De minimis.
Disclosure
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\6\ As discussed in the Preliminary Decision Memorandum,
Commerce has found SeAH Steel Holding Corporation to be cross-owned
with SeAH Steel Corporation.
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Commerce intends to disclose its calculations performed to
interested parties for these preliminary results within five days of
the date of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of this notice. 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.\7\ 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.\8\ All briefs must
be filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time (ET) on the established deadline.
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\7\ See 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).
\8\ 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 briefs 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.\9\ 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).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ 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 by 5:00 p.m. ET within 30 days after the date of publication of
this notice. 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; (3) a list of the issues to be
discussed. Oral presentations at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce will
inform parties of the scheduled date for the hearing.\11\
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\11\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, countervailing duties on all
appropriate entries covered by this review.
For the companies listed above for which this review is rescinded,
Commerce will instruct CBP to assess countervailing duties on all
appropriate entries at a rate equal to the cash deposit of estimated
countervailing duties required at the time of entry, or withdrawal from
warehouse, for consumption, during the period September 29, 2022,
through December 31, 2022, in accordance with 19 CFR 351.212(c)(l)(i).
Commerce intends to issue rescission instructions to CBP for these
companies no earlier than 35 days after the date of publication of the
notice of rescission in the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
the SeAH Steel Companies 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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to 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. If the rate calculated in the final results
is zero or de minimis, no cash deposit will be required on shipments of
the subject merchandise entered or withdrawn from warehouse, for
consumption on or after the date of publication of this review. These
cash deposit instructions, when imposed, shall remain in effect until
further notice.
Final Results of Review
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in their written briefs,
no later than 120 days after publication of these preliminary results.
[[Page 100971]]
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: December 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Diversification of Korea's Economy
VI. Subsidies Valuation Information
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2024-29325 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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