Notice2025-09783
Certain Oil Country Tubular Goods From the Republic of Korea: Final 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
May 30, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers/exporters subject to this review did not make sales of oil country tubular goods (OCTG) from the Republic of Korea (Korea) at less than normal value (NV) during the period of review (POR) September 1, 2022, through August 31, 2023.
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<title>Federal Register, Volume 90 Issue 103 (Friday, May 30, 2025)</title>
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[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Notices]
[Pages 23029-23031]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09783]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods From the Republic of Korea:
Final 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) determines that
certain producers/exporters subject to this review did not make sales
of oil country tubular goods (OCTG) from the Republic of Korea (Korea)
at less than normal value (NV) during the period of review (POR)
September 1, 2022, through August 31, 2023.
DATES: Applicable May 30, 2025.
FOR FURTHER INFORMATION CONTACT: Carolyn Adie, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6250.
SUPPLEMENTARY INFORMATION:
Background
On October 10, 2024, Commerce published the Preliminary Results.\1\
We invited interested parties to comment on the Preliminary Results. On
November 12, 2024, Commerce received timely filed case briefs or
letters in lieu of case briefs from various interested parties.\2\ On
December 9, 2024, Commerce tolled the deadline for these final results
by 90 days until May 8, 2025.\3\ On May 7, 2025, Commerce extended the
deadline for the final results by 14 days, to May 22, 2025.\4\ These
final results cover six companies.\5\ Commerce conducted this review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2022-2023, 89 FR 82216 (October 10, 2024) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See SeAH Steel Corporation (SeAH)'s Letter, ``Case Brief,''
dated November 12, 2024 (SeAH's Comments); see also AJU Besteel Co.,
Ltd. (AJU Besteel)'s Letter, ``Letter in Lieu of Case Brief,'' dated
November 12, 2024; and Hyundai Steel Company (Hyundai Steel)'s
Letter, ``Letter in Lieu of Case Brief,'' dated November 12, 2024;
and ILJIN Steel Corporation (ILJIN)'s Letter, ``Letter in Lieu of
Case Brief,'' dated November 12, 2024. AJU Besteel, Hyundai Steel,
and ILJIN each supported SeAH's Comments.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated May 7, 2025.
\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 78298 (November 15, 2023). The six
companies consist of two mandatory respondents (NEXTEEL Co., Ltd.
(NEXTEEL), and SeAH) and four companies not individually examined
(AJU Besteel, Husteel Co., Ltd., Hyundai Steel, and ILJIN).
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For a complete description of the events that followed the
Preliminary Results of this administrative review, see the Issues and
Decision Memorandum.\6\ 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>. Additionally, a complete version of the Issues and
Decision Memorandum can be accessed at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Oil Country Tubular Goods from the Republic of
Korea; 2022-2023,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Order \7\
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\7\ See Certain Oil Country Tubular Goods from India, the
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil
Country Tubular Goods from the Socialist Republic of Vietnam:
Amended Final Determination of Sales at Less Than Fair Value, 79 FR
53691 (September 10, 2014) (Order).
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The merchandise covered by the Order is certain OCTG. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this review are addressed in the Issues and
Decision Memorandum and listed in the appendix to this notice.
[[Page 23030]]
Changes Since the Preliminary Results
We have made one change since the Preliminary Results, pertaining
to SeAH. For additional information, see the Issues and Decision
Memorandum.
Rate for Non-Examined Companies
For the rate for non-selected respondents in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation, for guidance. 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} .'' The estimated
weighted-average dumping margin established for both mandatory
respondents is zero percent. Section 735(c)(5)(B) of the Act states,
``If the estimated weighted average dumping margins established for all
exporters and producers individually investigated are zero or de
minimis margins, or are determined entirely under section 776, the
administering authority 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.'' Consistent with the U.S. Court of Appeals for the
Federal Circuit's decision in Albemarle,\8\ and Commerce's practice,\9\
we assigned the companies not selected for individual examination in
this review (i.e., AJU Besteel Co., Ltd.; Husteel Co., Ltd.; Hyundai
Steel Company; and ILJIN Steel Corporation) a weighted-average dumping
margin of zero percent based on the rates calculated for SeAH and
NEXTEEL, in accordance with section 735(c)(5)(B) of the Act.
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\8\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016) (Albemarle).
\9\ 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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Final Results of Review
For these final results, Commerce determines that the following
estimated weighted-average dumping margins exist for the period
September 1, 2022, through August 31, 2023:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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NEXTEEL Co., Ltd........................................ 0.00
SeAH Steel Corporation.................................. 0.00
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Review-Specific Rate for Non-Examined Companies
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AJU Besteel Co., Ltd.................................... 0.00
Hyundai Steel Company................................... 0.00
Husteel Co., Ltd........................................ 0.00
ILJIN Steel Corporation................................. 0.00
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review for SeAH within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b). Because we made no changes to NEXTEEL's dumping
margin since the Preliminary Results, no disclosure of NEXTEEL's
calculations is necessary for these final results.
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Where the respondent's weighted-average
dumping margin is either zero or de minimis (i.e., less than 0.5
percent), we will instruct CBP to liquidate the appropriate entries
without regard to dumping duties. Accordingly, because weighted-average
dumping margins calculated for both Nexteel and SeAH are zero, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\10\
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\10\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rates for Non-Examined Companies'' section, above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by NEXTEEL or SeAH for
which the producer did not know that its merchandise was destined for
the United States, we will instruct CBP to liquidate unreviewed entries
at the all-others rate established in the original less-than-fair-value
(LTFV) investigation (i.e., 5.24 percent) \11\ if there is no rate for
the intermediate company(ies) involved in the transaction.\12\
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\11\ See Certain Oil Country Tubular Goods from the Republic of
Korea: Notice of Court Decision Not in Harmony with Final
Determination, 81 FR 59603, 59604 (August 30, 2016) (OCTG Korea
Timken Notice).
\12\ 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.\13\ 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).
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\13\ See Notice of Discontinuation Policy to Issue Liquidation
Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of 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 for by section 751(a)(2)(C)
of the Act: (1) the cash deposit rates for the companies listed in
these final results will be equal to the weighted-average dumping
margins established in the final results of this review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of this proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment in which the company was
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,
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 5.24 percent,\14\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\14\ See OCTG Korea Timken Notice, 81 FR at 59604.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility
[[Page 23031]]
under 19 CFR 351.402(f)(2) to file a certificate regarding the
reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during this POR. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the disposition of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. 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
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h) and 19 CFR 351.221(b)(5).
Dated: May 22, 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Rate for Non-Examined Companies
VI. Discussion of the Issues
Comment 1: Constructed Export Price (CEP) Offset
Comment 2: Exclusion of Back-to-Back U.S. Sales
VII. Recommendation
[FR Doc. 2025-09783 Filed 5-29-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 30, 2025.
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