Notice2024-29429
Circular Welded Non-Alloy Steel 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
December 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that circular welded non-alloy steel pipe (CWP) from the Republic of Korea (Korea) was sold at less than normal value (NV) during the period of review (POR), November 1, 2022, through October 31, 2023. Additionally, Commerce determines that one mandatory respondent did not make sales of subject merchandise at less than NV during the POR. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100963-100965]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29429]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel 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 finds
that circular welded non-alloy steel pipe (CWP) from the Republic of
Korea (Korea) was sold at less than normal value (NV) during the period
of review (POR), November 1, 2022, through October 31, 2023.
Additionally, Commerce determines that one mandatory respondent did not
make sales of subject merchandise at less than NV during the POR. We
invite interested parties to comment on these preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Benjamin Nathan or Mira Warrier, 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) 482-3834 or 202-482-
8031, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 2, 1992, Commerce published in the Federal Register the
antidumping duty (AD) order on CWP from Korea.\1\ On November 1, 2022,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On December 29, 2023,
based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the Order
covering 26 producers/exporters.\3\ On February 27, 2024, we selected
Husteel Co., Ltd. (Husteel) and Hyundai Steel Company (Hyundai Steel)
\4\ for individual examination as mandatory respondents in this
administrative review.\5\
---------------------------------------------------------------------------
\1\ See Notice of Antidumping 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 65750 (November
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 29, 2023); see also
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea;
Certain Oil Country Tubular Goods from the Republic of Korea; Welded
Line Pipe from the Republic of Korea; and Large Diameter Welded Pipe
from the Republic of Korea: Notice of Final Results of Antidumping
Duty Changed Circumstances Reviews, 89 FR 89962 (November 14, 2024)
(Hyundai Steel CCR), determining that Hyundai Steel Pipe Co., Ltd.
is the successor-in-interest to Hyundai Steel Company.
\4\ We note that in the context of the Hyundai Steel CCR,
Commerce determined that Hyundai Steel Pipe Co., Ltd. is the
successor-in-interest to the mandatory respondent, Hyundai Steel. At
the completion of the final results of this review, the cash deposit
rate applicable to Hyundai Steel will be applicable to Hyundai Steel
Pipe Co., Ltd.
\5\ See Memorandum, ``Respondent Selection,'' dated February 27,
2024.
---------------------------------------------------------------------------
On July 17, 2024, Commerce extended the deadline to issue the
preliminary results of this review until November 29, 2024.\6\ On July
22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\7\ The deadline for the preliminary results
is now December 6, 2024. For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\8\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated July 17, 2024.
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on Circular Welded Non-Alloy Steel Pipe from the Republic
of Korea,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the scope of the Order is CWP from
Korea. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review if a party that requested a review withdraws the
request within 90 days of the date of publication of notice of
initiation of the requested review. On March 13, 2024, Wheatland Tube
Company timely withdrew its request for review with respect to three
companies.\9\ Because no other parties requested a review of these
companies, we are rescinding this review, in part, with respect to the
following three companies: SeAH Steel VINA Corporation, Hoa Sen Group,
and Hoa Phat Steel Pipe Co Ltd.
---------------------------------------------------------------------------
\9\ See Wheatland Tube Company's Letter, ``Withdrawal Request
for Administrative Reviews,'' dated March 13, 2024.
---------------------------------------------------------------------------
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. 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 discussed in the Preliminary Decision Memorandum is attached as
Appendix II 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>.
[[Page 100964]]
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} .''
In this review, we have preliminarily calculated a de minimis
weighted-average dumping margin for Hyundai Steel and calculated an
above de minimis weighted-average dumping margin for Husteel.
Accordingly, we have preliminarily assigned Husteel's estimated
weighted-average dumping margin to the 21 non-selected companies,\10\
consistent with section 735(c)(5)(B) of the Act.
---------------------------------------------------------------------------
\10\ See Appendix I for a list of the non-selected companies.
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period November 1, 2022,
through October 31, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Husteel Co., Ltd............................................ 1.21
Hyundai Steel Company \11\.................................. 0.01
Non-selected Companies \12\................................. 1.21
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\11\ See Hyundai Steel CCR for information pertaining to the
status of Hyundai Steel's successor-in-interest. As explained above,
following the completion of the final results, the cash deposit rate
applicable to Hyundai Steel will be applicable to Hyundai Steel's
successor-in-interest, Hyundai Steel Pipe Co., Ltd.
\12\ See Appendix I for a list of the non-selected companies.
---------------------------------------------------------------------------
Commerce intends to disclose the calculations and analysis
performed to interested parties for these preliminary results within
five days after public announcement or, if there is no public
announcement, within five days after 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.\13\ 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.\14\
Interested parties who submit case or rebuttal briefs in this
proceeding must submit: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\15\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ 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 Final Service Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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.\16\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this review. We
request that interested parties include footnotes for relevant
citations in the 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).\17\
---------------------------------------------------------------------------
\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Final Service Rule.
---------------------------------------------------------------------------
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 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 issues
raised in the respective case briefs. If a request for a hearing is
made, Commerce intends to hold the hearing at a date and time to be
determined and will notify the parties through ACCESS.\18\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date. All submissions, including case and rebuttal
briefs, as well as hearing requests, should be filed using ACCESS. An
electronically-filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
---------------------------------------------------------------------------
\18\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
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.\19\ If a respondent's weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.50 percent) in the final
results of this review, we intend to calculate an importer-specific ad
valorem AD 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 same sales in accordance with 19 CFR
351.212(b)(1).\20\ If the weighted-average dumping margin or an
importer-specific assessment rate is zero or de minimis in the final
results of review, we intend to instruct CBP to liquidate entries
without regard to antidumping duties.\21\
---------------------------------------------------------------------------
\19\ See 19 CFR 351.212(b).
\20\ 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).
\21\ Id., 77 FR at 8102; see also 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Husteel
or Hyundai Steel for which it did not know that the merchandise was
destined for the United States, we intend to instruct CBP to liquidate
those entries at the all-others rate in the original less-than-fair-
value (LTFV) investigation (i.e., 4.80 percent) \22\ if there is no
rate for the intermediate company(ies) involved in the transaction.\23\
---------------------------------------------------------------------------
\22\ See Circular Welded Non-Alloy Steel Pipe from Korea: Notice
of Final Court Decision and Amended Final Determination, 60 FR 55833
(November 3, 1995) (CWP Amended Final Determination).
\23\ See Order; see also Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
---------------------------------------------------------------------------
For the companies listed in Appendix I which were not selected for
individual
[[Page 100965]]
review, we will assign an assessment rate based on the review-specific
rate, calculated as noted in the ``Rate for Non-Individually Examined
Companies'' section, above. The final results of this 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.\24\
---------------------------------------------------------------------------
\24\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
For the companies listed above for which this review is being
rescinded, antidumping duties shall be assessed on entries at rates
equal to the cash deposit of 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). Commerce intends to issue
assessment instructions to CBP for the rescinded companies no earlier
than 35 days after the date of publication of this notice in the
Federal Register.
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.\25\
---------------------------------------------------------------------------
\25\ Id.
---------------------------------------------------------------------------
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
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 the companies listed above 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 merchandise
exported by producers 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
recently-completed segment of this proceeding in which they were
reviewed; (3) if the exporter is not a firm covered in this review, a
prior review, or the original LTFV investigation, but the producer is,
then the cash deposit rate will be the cash deposit rate established
for the most recently completed segment of this proceeding for the
producer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters will continue to be 4.80 percent,\26\ the
all-others rate established in the LTFV investigation.\27\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\26\ See CWP Amended Final Determination.
\27\ See Order.
---------------------------------------------------------------------------
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 after the date of publication of
these preliminary results in the Federal Register.\28\
---------------------------------------------------------------------------
\28\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 doubled 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).
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Companies Not Selected for Individual Examination
1. Aju Besteel.
2. Bookook Steel.
3. Chang Won Bending.\29\
---------------------------------------------------------------------------
\29\ We note that in the Initiation Notice, this company was
inadvertently listed as Chan Won Bending. The correct name is Chang
Won Bending.
---------------------------------------------------------------------------
4. Dae Ryung.
5. Daewoo Shipbuilding & Marine Engineering (DSME).
6. Daiduck Piping.
7. Dong Yang Steel Pipe.
8. Dongbu Steel Co., Ltd.; Dongbu Steel.
9. EEW Korea Company.
10. Histeel Co., Ltd. Histeel.
11. Hyundai RB.
12. Kiduck Industries.
13. Kum Kang Kind.
14. Kumsoo Connecting.
15. Miju Steel Mfg.
16. NEXTEEL Co., Ltd.
17. Samkand M & T.
18. Seah FS.
19. SeAH Steel Corporation; Seah Steel.
20. Steel Flower.
21. YCP Co., Ltd.
Appendix II
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
[FR Doc. 2024-29429 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 13, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.