[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Notices]
[Pages 44304-44305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18713]



-----------------------------------------------------------------------



DEPARTMENT OF COMMERCE



International Trade Administration



[A-580-809 ]




Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 

Amended Final Results of the Antidumping Duty Administrative Review



AGENCY: Import Administration, International Trade Administration, 

Department of Commerce.

SUMMARY: On June 21, 2011, the Department of Commerce (the 

``Department'') published its final results of review covering the 

period November 1, 2008, through October 31, 2009. See Circular Welded 

Non-Alloy Steel Pipe From the Republic of Korea: Final Results of the 

Antidumping Duty Administrative Review, 76 FR 36089 (June 21, 2011) 

(``Final Results''). Hyundai HYSCO alleged that the Department made a 

ministerial error in those Final Results. Based on our analysis of the 

allegation, we have made changes to the weighted-average dumping margin 

assigned to Hyundai HYSCO.



DATES: Effective Date: July 25, 2011.



FOR FURTHER INFORMATION CONTACT: Joshua Morris or Matthew Jordan, AD/

CVD Operations, Office 1, Import Administration, International Trade 

Administration, U.S. Department of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-

1779 or (202) 482-1540, respectively.



SUPPLEMENTARY INFORMATION: 



Background



    On June 16, 2011, Hyundai HYSCO, a producer/exporter not selected 

for individual examination in this review, alleged that the Department 

made a ministerial error in the cash deposit rate assigned to the 

company. No rebuttal comments were received.



Final Determination of No Shipments



    In the Preliminary Results, the Department preliminarily concluded 

that Hyundai HYSCO had no knowledge that entries ascribed to it were 

destined for or entered into the United States during the period of 

review. See Circular Welded Non-Alloy Steel Pipe From the Republic of 

Korea: Preliminary Results of the Antidumping Duty Administrative 

Review, 75 FR 77838 (December 14, 2010) (``Preliminary Results''). We 

also noted that a dumping margin had been calculated for Hyundai HYSCO 

in a prior segment of this proceeding. In the Final Results, we failed 

to address these preliminary conclusions and, instead, assigned to 

Hyundai HYSCO the cash deposit rate for other companies not selected 

for individual examination.

    We are now amending the Final Results to reflect the Department's 

determination that Hyundai HYSCO had no reviewable U.S. sales. See 

Memorandum to Ronald K. Lorentzen, Deputy Assistant Secretary for 

Import Administration from Gary Taverman, Acting Deputy Assistant 

Secretary for Antidumping and Countervailing Duty Operations, dated 

July 19, 2011, RE: ``Ministerial Error for Final Results of Review.''

    The Department no longer rescinds reviews of companies with no 

entries. Instead, we complete the review and issue appropriate 

instructions to U.S. Customs and Border Protection (``CBP'') based on 

the final results of the review (see, e.g., Magnesium Metal From the



[[Page 44305]]



Russian Federation: Final Results of Antidumping Duty Administrative 

Review, 75 FR 56989 (September 17, 2010)). Specifically, when the 

company has an individual cash deposit rate from the most recent 

segment of the proceeding in which the company had shipments and sales, 

we do not assign that company a new cash deposit rate. Additionally, 

when the company had no entries, we instruct CBP to liquidate any 

existing entries of merchandise produced by the company and exported by 

other parties at the all-others rate.



Amended Margins for the Final Results of Review



    We continue to determine that a weighted-average dumping margin 

exists for the three mandatory respondents, SeAH Steel Corporation 

(``SeAH''), Husteel Co., Ltd. (``Husteel''), and Nexteel Co., Ltd. 

(``Nexteel''), for the period November 1, 2008, through October 31, 

2009. Respondents other than mandatory respondents and Hyundai HYSCO 

continue to receive the weighted-average of the margins calculated for 

SeAH, Husteel, and Nexteel.



------------------------------------------------------------------------

                                                              Weighted-

                                                               average

                   Manufacturer/exporter                        margin

                                                               percent

------------------------------------------------------------------------

SeAH Steel Corporation.....................................         4.99

Husteel Co., Ltd...........................................         2.25

Nexteel Co., Ltd...........................................        12.90

Hyundai HYSCO..............................................            *

Kumkang Industrial Co., Ltd................................         8.17

A-JU Besteel Co., Ltd......................................        8.17

------------------------------------------------------------------------

* No entries or sales subject to this review. The firm has an individual

  dumping margin from a previous segment of the proceeding in which the

  firm had entries and sales.



Cash Deposit Requirements for Hyundai HYSCO



    The cash deposit rate for Hyundai HYSCO will be revised to reflect 

the rate it was assigned in the most recent review in which it 

participated and had sales and entries of subject merchandise. This 

cash deposit requirement will be in effect until further notice. This 

cash deposit requirement will be effective for all shipments of subject 

merchandise produced by Hyundai HYSCO and entered or withdrawn from 

warehouse for consumption on or after the publication of the Final 

Results, as provided for by section 751(a)(2)(C) of the Act.



Assessment Rate for Hyundai HYSCO



    The Department will issue appropriate assessment instructions for 

Hyundai HYSCO directly to CBP 15 days after the date of publication of 

these amended final results of review. As explained above, we will 

instruct CBP to liquidate any entries at the all-others rate 

established in the less-than-fair-value (``LTFV'') investigation if 

there is no assessment rate for the intermediate companies involved in 

the transaction. See Final Determination of Sales at Less Than Fair 

Value; Circular Welded Non-Alloy Steel Pipe From the Republic of Korea, 

57 FR 42942, 42945 (September 17, 1992); see also Antidumping and 

Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003).



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 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 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.

    These amended final results of review are issued and published in 

accordance with sections 751(a)(1) and 777(i)(1) of the Act.



    Dated: July 19, 2011.

Ronald K. Lorentzen,

Deputy Assistant Secretary for Import Administration.

[FR Doc. 2011-18713 Filed 7-22-11; 8:45 am]

BILLING CODE 3510-DS-P