Notice2025-06900
Welded Line 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
April 23, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/exporters subject to this administrative review did not make sales of subject merchandise at less than normal value (NV). Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 90 Issue 77 (Wednesday, April 23, 2025)</title>
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[Federal Register Volume 90, Number 77 (Wednesday, April 23, 2025)]
[Notices]
[Pages 17038-17041]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06900]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-876]
Welded Line 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
determines that certain producers/exporters subject to this
administrative review did not make sales of subject merchandise at less
than normal value (NV). Interested parties are invited to comment on
these preliminary results of review.
DATES: Applicable April 23, 2025.
FOR FURTHER INFORMATION CONTACT: Grant Fuller, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6228.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2024, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on welded line pipe from the
Republic of Korea (Korea).\1\ The period of review (POR) is December 1,
2022, through November 30, 2023. On July 22, 2024, Commerce tolled
certain deadlines in this
[[Page 17039]]
administrative proceeding by seven days.\2\ On August 23, 2024, we
extended the preliminary results of this review to December 24,
2024.\3\ Further, on December 9, 2024, we extended the preliminary
results of this review to no later than January 6, 2025.\4\ Also on
December 9, 2024, Commerce tolled the deadline to issue the preliminary
results in this administrative review by 90 days.\5\ Accordingly, the
deadline for these preliminary results is now April 7, 2025. For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\6\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 8641 (February 8, 2024); see also
Welded Line Pipe from the Republic of Korea and the Republic of
Turkey: Antidumping Duty Orders, 80 FR 75056, 75057 (December 1,
2015) (Order).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated
August 23, 2024.
\4\ See Memorandum, ``Second Extension of Deadline for
Preliminary Results of 2022-2023 Antidumping Duty Administrative
Review,'' dated December 9, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on Welded Line Pipe from Korea,'' 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 welded line pipe. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are 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 our
conclusions, see the Preliminary Decision Memorandum. A list of the
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>.
Review-Specific Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin 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
less-than-fair-value (LTFV) investigation, for guidance when
calculating 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 or de minimis
margins, and any margins determined entirely {on the basis of facts
available{time} .''
Where the dumping margin for individually examined respondents are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted average dumping margins determined for the exporters
and producers individually investigated.''
In this review, we preliminarily calculated weighted-average
dumping margins of zero percent for the mandatory respondents Hyundai
Pipe and SeAH Steel Corporation (SeAH). Consistent with the U.S. Court
of Appeals for the Federal Circuit's decision in Albemarle,\7\ and
Commerce's practice,\8\ we assigned the companies not selected for
individual examination in this review, Husteel Co., Ltd. and NEXTEEL
Co., Ltd., a weighted-average dumping margin of zero percent based on
the rates calculated for Hyundai Pipe and SeAH, in accordance with
section 735(c)(5)(B) of the Act.
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\7\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
\8\ See, e.g., Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Preliminary Results of Antidumping Duty
Administrative Review; 2020-2021, 87 FR 60989 (October 7, 2022),
unchanged in Certain Cold-Rolled Steel Flat Products from the
Republic of Korea: Final Results of Antidumping Duty Administrative
Review; 2020-2021, 88 FR 20218 (April 5, 2023).
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margins for the period
December 1, 2022, through November 30, 2023:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Husteel Co., Ltd........................................... 0.00
Hyundai Steel Pipe Co., Ltd \9\............................ 0.00
NEXTEEL Co., Ltd........................................... 0.00
SeAH Steel Corporation..................................... 0.00
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Disclosure and Public Comment
We intend to disclose the calculations and analysis performed to
interested parties for these preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
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\9\ On November 14, 2024, Commerce found via a changed
circumstances review that Hyundai Steel Pipe Co., Ltd. is the
successor-in-interest to Hyundai Steel Company. See 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), and
accompanying Issues and Decision Memorandum.
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Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\10\ 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.\11\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\12\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5 p.m. Eastern Time on the established deadline.
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\10\ See 19 CFR 351.309.
\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 Final Rule).
\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
[[Page 17040]]
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.\13\ 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 administrative
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).\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 Final Rule.
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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. Requests should contain: (1) the requesting party's name,
address, and telephone number; (2) the number of individuals from the
requesting party that will attend the hearing and whether any of those
individuals is a foreign national; and (3) a list of the issues the
party intends to discuss at the hearing. Issues raised in the hearing
by a party will be limited to those raised in the party's case and
rebuttal briefs. An electronically filed hearing request must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice in the Federal Register. If a request for a
hearing is made, Commerce will inform parties of the scheduled date for
the hearing.\15\
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\15\ See 19 CFR 351.310(d).
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Assessment Rates
Upon issuing the final results, Commerce shall determine, and CBP
shall assess, antidumping duties on all appropriate entries. If either
Hyundai Pipe's or SeAH'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: (1) for Hyundai Pipe, we will calculate importer-specific ad
valorem duty 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 these sales, in accordance with 19 CFR 351.212(b)(1);
and (2) for SeAH, because it did not report actual entered value for
all of its U.S. sales, we will calculate importer-specific per-unit
duty assessment rates by aggregating the total amount of antidumping
duties calculated for the examined sales and dividing this amount by
the total quantity of those sales. 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 rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Hyundai Pipe or SeAH
for which the reviewed companies did not know that the merchandise they
sold to the intermediary (e.g., a reseller, trading company, or
exporter) was destined for the United States. In such instances, we
will instruct CBP to liquidate unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.\16\
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\16\ 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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For the companies which were not selected for individual review, we
will instruct CBP to assess antidumping duties on all appropriate
entries at a rate equal to the weighted-average of the dumping margins
calculated for Hyundai Pipe and SeAH in the final results of this
review, unless that rate is zero or de minimis, in which case we intend
to instruct CBP to liquidate relevant entries without regarding to
antidumping duties. 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.\17\
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\17\ See section 751(a)(2)(C) of the Act.
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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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be that 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 investigated or
reviewed companies not covered in this review, the cash deposit rate
will continue to be the company-specific cash deposit rate published
for the most recently completed segment of this proceeding in which the
company participated; (3) if the exporter is not a firm covered in this
review, or the LTFV investigation, but the manufacturer is, then the
cash deposit rate will be the rate established for the most recent
segment for the manufacturer of the merchandise; and (4) the cash
deposit rate for all other manufacturers or exporters will continue to
be 4.38 percent, the all-others rate established in the LTFV
investigation.\18\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\18\ See Order.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1), unless otherwise extended.
Notification to Importers
This notice 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 double
antidumping duties.
[[Page 17041]]
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
351.213(h) and 351.221(b)(4).
Dated: April 7, 2025.
Christopher Abbott,
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. Discussion of the Methodology
V. Recommendation
[FR Doc. 2025-06900 Filed 4-22-25; 8:45 am]
BILLING CODE 3510-DS-P
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