[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 27987-27989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11985]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-810]


Certain Welded Stainless Steel Pipes From the Republic of Korea: 
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 7, 2010, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on certain welded stainless steel 
pipes (WSSP) from the Republic of Korea (Korea). This review covers one 
producer/exporter of the subject merchandise to the United States, SeAH 
Steel Corporation (SeAH). The period of review (POR) is December 1, 
2007, through November 30, 2008. Based on our analysis of the comments 
received, we have made certain changes

[[Page 27988]]

in the margin calculations. Therefore, the final results differ from 
the preliminary results. The final weighted-average dumping margin for 
the reviewed firm is listed below in the section entitled ``Final 
Results of Review.''

DATES: Effective Date: May 19, 2010.

FOR FURTHER INFORMATION CONTACT: Holly Phelps, AD/CVD Operations, 
Office 2, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-0656.

SUPPLEMENTARY INFORMATION:

Background

    On January 7, 2010, the Department published in the Federal 
Register the preliminary results of administrative review of the 
antidumping duty order on WSSP from Korea. See Certain Welded Stainless 
Steel Pipes from the Republic of Korea: Preliminary Results of 
Antidumping Duty Administrative Review, 75 FR 973 (Jan. 7, 2010) 
(Preliminary Results).
    We invited parties to comment on our preliminary results. In 
February 2010, we received a case brief from SeAH. We did not receive a 
case brief or rebuttal brief from the petitioners.\1\ The Department 
has conducted this administrative review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ The petitioners are Bristol Metals, LLC, Felker Brothers 
Corporation, Marcegaglia USA, Inc., and Outokumpu Stainless Pipe, 
Inc.
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Scope of the Order

    The merchandise subject to the antidumping duty order is welded 
austenitic stainless steel pipe that meets the standards and 
specifications set forth by the American Society for Testing and 
Materials (ASTM) for the welded form of chromium-nickel pipe designated 
ASTM A-312. The merchandise covered by the scope of the order also 
includes austenitic welded stainless steel pipes made according to the 
standards of other nations which are comparable to ASTM A-312.
    WSSP is produced by forming stainless steel flat-rolled products 
into a tubular configuration and welding along the seam. WSSP is a 
commodity product generally used as a conduit to transmit liquids or 
gases. Major applications for steel pipe include, but are not limited 
to, digester lines, blow lines, pharmaceutical lines, petrochemical 
stock lines, brewery process and transport lines, general food 
processing lines, automotive paint lines, and paper process machines. 
Imports of WSSP are currently classifiable under the following 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 
7306.40.5005, 7306.40.5015, 7306.40.5040, 7306.40.5065, and 
7306.40.5085. Although these subheadings include both pipes and tubes, 
the scope of the antidumping duty order is limited to welded austenitic 
stainless steel pipes. The HTSUS subheadings are provided for 
convenience and customs purposes. However, the written description of 
the scope of the order is dispositive.

Period of Review

    The POR is December 1, 2007, through November 30, 2008.

Cost of Production

    As discussed in the preliminary results, we conducted an 
investigation to determine whether SeAH made home market sales of the 
foreign like product during the POR at prices below their costs of 
production (COP) within the meaning of section 773(b) of the Act. See 
Preliminary Results, 75 FR at 976. For these final results, we 
performed the cost test following the same methodology as in the 
Preliminary Results.
    We found that 20 percent or more of SeAH's sales of a given product 
during the reporting period were at prices less than the weighted-
average COP for this period. Thus, we determined that these below-cost 
sales were made in ``substantial quantities'' within an extended period 
of time and at prices which did not permit the recovery of all costs 
within a reasonable period of time in the normal course of trade. See 
sections 773(b)(1)-(2) of the Act.
    Therefore, for purposes of these final results, we found that SeAH 
made below-cost sales not in the ordinary course of trade. 
Consequently, we disregarded these sales for SeAH and used the 
remaining sales as the basis for determining normal value pursuant to 
section 773(b)(1) of the Act.

Analysis of Comments Received

    All issues raised in the case brief by SeAH are listed in the 
Appendix to this notice and addressed in the Issues and Decision 
Memorandum (the Decision Memo), which is adopted by this notice. 
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 1117, of the main 
Department building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn[sol]. The 
paper copy and electronic version of the Decision Memo are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes to the margin calculations. These changes are discussed 
in the relevant sections of the Decision Memo.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists for the period December 1, 2007 through November 30, 2008:

------------------------------------------------------------------------
                                                               Percent
               Manufacturer/Producer/Exporter                   margin
------------------------------------------------------------------------
SeAH Steel Corporation.....................................         2.92
------------------------------------------------------------------------

Assessment

    The Department shall determine, and the U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. The Department intends to issue assessment instructions to CBP 
15 days after the date of publication of these final results of review.
    Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific 
ad valorem duty assessment rates for SeAH based on the ratio of the 
total amount of antidumping duties calculated for the examined sales to 
the total entered value of those sales. Pursuant to 19 CFR 
351.106(c)(2), we will instruct CBP to liquidate without regard to 
antidumping duties any entries for which the assessment rate is de 
minimis (i.e., less than 0.50 percent).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by SeAH for which SeAH did not know its merchandise was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the all-others rate established in 
the less-than-fair-value (LTFV) investigation if there is no rate for 
the intermediate company(ies) involved in the transaction.

Cash Deposit Requirements

    Further, the following deposit requirements will be effective for 
all shipments of WSSP from Korea entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this

[[Page 27989]]

administrative review, as provided for by section 751(a)(2)(C) of the 
Act: (1) The cash deposit rate for the reviewed company will be the 
rate shown above, except if the rate is less than 0.50 percent, de 
minimis within the meaning of 19 CFR 351.106(c)(1), the cash deposit 
will be zero; (2) for previously investigated companies not listed 
above, the cash deposit rate will continue to be the company-specific 
rate published for the most recent period of review; (3) if the 
exporter is not a firm covered in this review, or the LTFV 
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; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 7.00 percent, the all-
others rate made effective by the LTFV investigation. See Antidumping 
Duty Order and Clarification of Final Determination: Certain Welded 
Stainless Steel Pipes From Korea, 57 FR 62301 (Dec. 30, 1992), as 
amended in Notice of Amended Final Determination and Antidumping Duty 
Order: Certain Welded Stainless Steel Pipe From the Republic of Korea, 
60 FR 10064, 10065 (Feb. 23, 1995). These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility, under 19 CFR 351.402(f)(2), 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 the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of 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.
    We are issuing and publishing these results of review in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 13, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

General Issues

    1. Offsetting of Negative Margins.
    2. Inclusion of Inventory Valuation Allowances in Cost of 
Production.
    3. Application of the Major Input Rule.

[FR Doc. 2010-11985 Filed 5-18-10; 8:45 am]
BILLING CODE 3510-DS-P