[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Notices]
[Pages 2313-2315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-984]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-825]


Oil Country Tubular Goods, Other Than Drill Pipe, from Korea: 
Final Results of New Shipper Review and Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On September 11, 2002, the Department of Commerce (the 
Department) published the preliminary results of its new shipper review 
and administrative review of the antidumping duty order on oil country 
tubular goods, other than drill pipe (OCTG) from Korea. See Oil Country 
Tubular Goods, Other Than Drill Pipe, From Korea: Preliminary Results 
of New Shipper Review and Antidumping Duty Administrative Review, and 
Rescission, in Part, of the Antidumping Duty Administrative Review, 67 
FR 57570 (September 11, 2002) (Preliminary Results). The new shipper 
review covers Shinho Steel Co., Ltd. (Shinho Steel) for the period 
August 1, 2000 through February 28, 2001. The administrative review 
covers SeAH Steel Corporation (SeAH) for the period August 1, 2000 
through July 31, 2001. We gave interested parties an opportunity to 
comment on our Preliminary Results. The final results are listed below 
in the sections entitled ``Final Results of Administrative Review'' and 
``Final Results of New Shipper Review.''

EFFECTIVE DATE: January 16, 2003.

FOR FURTHER INFORMATION CONTACT: Thomas Gilgunn at (202) 482-4236, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On August 11, 1995, the Department published in the Federal 
Register an antidumping duty order on OCTG from Korea (60 FR 41058). 
The antidumping duty order on OCTG from Korea has an August anniversary 
date and a February semi-annual anniversary date. On February 28, 2001, 
Shinho Steel requested a new shipper review for the period August 1, 
2000 through February 28, 2001. (At Shinho Steel's request, we extended 
the standard six month period seven months to cover the customs entry.) 
On August 31, 2001, Shinho Steel also requested an administrative 
review to cover the period March 1, 2001 through July 31, 2001. Shinho 
Steel withdrew its request for an administrative review for the period 
March 1, 2001 through July 31, 2001 on October 2, 2001. On January 22, 
2002, Shinho Steel waived the time limits applicable to its new shipper 
review so that the Department might conduct its new shipper review 
concurrently with the 2000/2001 administrative review of OCTG from 
Korea.
    On September 11, 2002, the Department published its preliminary 
results for the new shipper review of Shinho Steel and administrative 
review of SeAH and rescinded its administrative review of Shinho Steel 
for the period March 1, 2001 through July 31, 2001. The rescission was 
based on the fact that Shinho Steel had no sales other than those 
analyzed in the new shipper review. See Oil Country Tubular Goods, 
Other Than Drill Pipe, From Korea: Preliminary Results of New Shipper 
Review and Antidumping Duty Administrative Review, and Rescission, in 
Part, of the Antidumping Duty Administrative Review, 67 FR 57570 
(September 11, 2002) (Preliminary Results).
    In the Preliminary Results, the Department also stated that a 
changed circumstances review addressing Shinho Steel's decision to 
legally change its name to Husteel was being conducted under another 
antidumping duty order (Certain Circular Welded Non-Alloy Steel Pipe 
from Korea (A-580-809)). The Department has since completed that 
changed circumstances review and found that Husteel is the ``successor-
in-interest'' to Shinho Steel for antidumping duty cash deposit 
purposes and that Husteel would be assigned the same cash deposit rate 
with

[[Page 2314]]

respect to the subject merchandise as the predecessor company, Shinho 
Steel. See Certain Circular Welded Non-Alloy Steel Pipe from the 
Republic of Korea; Final Results of Changed Circumstances Review, 67 FR 
69716, (November 19, 2002). Therefore, Husteel will be assigned the 
same cash deposit rate with respect to the subject merchandise as 
Shinho Steel, the predecessor company. This cash deposit requirement 
will be effective upon publication of these final results.

Scope of the Antidumping Duty Order

    The products covered by this order are oil country tubular goods 
(``OCTG''), hollow steel products of circular cross-section, including 
only oil well casing and tubing, of iron (other than cast iron) or 
steel (both carbon and alloy), whether seamless or welded, whether or 
not conforming to American Petroleum Institute (``API'') or non-API 
specifications, whether finished or unfinished (including green tubes 
and limited service OCTG products). This scope does not cover casing or 
tubing pipe containing 10.5 percent or more of chromium, or drill pipe. 
The products subject to this order are currently classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') under item 
numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 
7304.29.20.60, 7304.29.20.80, 7304.29.30.10, 7304.29.30.20, 
7304.29.30.30, 7304.29.30.40, 7304.29.30.50, 7304.29.30.60, 
7304.29.30.80, 7304.29.40.10, 7304.29.40.20, 7304.29.40.30, 
7304.29.40.40, 7304.29.40.50, 7304.29.40.60, 7304.29.40.80, 
7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 
7304.29.50.75, 7304.29.60.15, 7304.29.60.30, 7304.29.60.45, 
7304.29.60.60, 7304.29.60.75, 7305.20.20.00, 7305.20.40.00, 
7305.20.60.00, 7305.20.80.00, 7306.20.10.30, 7306.20.10.90, 
7306.20.20.00, 7306.20.30.00, 7306.20.40.00, 7306.20.60.10, 
7306.20.60.50, 7306.20.80.10, and 7306.20.80.50. The HTSUS item numbers 
are provided for convenience and Customs purposes. The written 
description remains dispositive of the scope of this review.

Analysis of Comments Received

    All issues raised in the briefs filed by parties to this 
administrative review are addressed in the Memorandum from Joseph A. 
Spetrini, Deputy Assistant Secretary for AD/CVD Enforcement Group III, 
to Faryar Shirzad, Assistant Secretary for Import Administration: 
Issues and Decision Memorandum for the New Shipper Review and the 
Administrative Review of Oil Country Tubular Goods, Other Than Drill 
Pipe, From Korea dated January 9, 2003 (Decision Memo), which is hereby 
adopted by this notice.
    A list of the issues which parties have raised and to which we have 
responded, all of which are in the Decision Memo, is attached to this 
notice as an appendix. Parties can find a complete discussion of all 
issues raised in this review and the corresponding recommendations in 
this public memorandum, which is on file in the Central Records Unit, 
room B-099 of the main Commerce Building. In addition, a complete 
version of the Decision Memo can be accessed directly on the Internet 
at http://ia.ita.doc.gov. The paper copy and electronic version of the 
Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made one change 
in the margin calculation for SeAH. We have removed from our 
calculation of normal value a deduction for foreign inventory carrying 
costs (DINVCARU). For a discussion of this issue, please refer to the 
Decision Memo at Comment 2.

Final Results of Administrative Review

    We determine that the following weighted-average margin exists for 
the period August 1, 2000, through July 31, 2001:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
SeAH Steel Corporation.....................................         0.32
------------------------------------------------------------------------

Final Results of New Shipper Review

    We determine that the following weighted-average margin exists for 
the period August 1, 2000 through February 28, 2001:

------------------------------------------------------------------------
                                                                Margin
                 Manufacturer and Exporter                    (percent)
------------------------------------------------------------------------
Shinho Steel Corporation/Husteel...........................         0.00
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. We have 
calculated importer-specific ad valorem assessment rates for SeAH based 
on entered values. We will direct the Customs Service to assess the ad 
valorem assessment rate against the entered customs value for each 
entry of subject merchandise from SeAH during the review period. Since 
the dumping margin for Shinho Steel/Husteel is zero, no duties will be 
assessed on entries pursuant to the reviewed sales. The Department will 
issue appropriate appraisement instructions directly to the Customs 
Service within 15 days of publication of the final results of review. 
For customs purposes only, this case is identified using case number A-
580-215.

Cash Deposit Requirements

    The following deposit requirements shall be effective for all 
shipments of the subject merchandise from Korea that are entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date of the final results of this administrative review and the new 
shipper review, as provided for by section 751(a)(1) of the Act. Since 
the weighted-average margin for SeAH is less than 0.5 percent and 
therefore de minimis, the Department shall require no deposit of 
estimated antidumping duties for subject merchandise exported by SeAH. 
Since the weighted-average margin for Shinho Steel/Husteel is less than 
0.5 percent and therefore de minimis, the Department shall require no 
deposit of estimated antidumping duties for subject merchandise 
produced and exported by Shinho Steel/Husteel. For subject merchandise 
exported by Shinho Steel/Husteel but not produced by Shinho Steel/
Husteel, the cash deposit rate will be the ``all others'' rate. Bonding 
will no longer be permitted to fulfill security requirements for 
shipments from Shinho Steel/Husteel of subject merchandise from Korea 
entered, or withdrawn from warehouse. For previously investigated or 
reviewed companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period. If the exporter is not a firm covered in this review, or the 
original investigation, but the manufacturer is, the cash deposit rate 
will be the rate established for the most recent period for the 
manufacturer of the merchandise. The cash deposit rate for all other 
manufacturers or exporters of this merchandise will continue to be 
12.17 percent, the all others rate made effective by the less-than-
fair-value investigation. These requirements, when imposed, shall 
remain in effect until publication of the final results of the next 
administrative review.
    This notice serves as a final reminder to importers of their 
responsibility

[[Page 2315]]

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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and subsequent assessment 
of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    These final results of administrative review and new shipper review 
and notice are issued and published in accordance with sections 
751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 351.213 and 19 
CFR 351.221(b)(5).

    Dated: January 9, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix

List of Issues

1. Freight Revenue and Constructed Export Price (CEP)
2. Indirect Selling Expenses in Korea
3. Cash Deposit Instructions for Husteel
4. Liquidation of Shinho Steel/Husteel's Entries
[FR Doc. 03-984 Filed 1-15-03; 8:45 am]
BILLING CODE 3510-DS-P