[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34344-34346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14147]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
Final Results of the Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 7, 2011, the Department of Commerce (the 
``Department'') published the preliminary results of the administrative 
review of the antidumping duty order on circular welded non-alloy steel 
pipe (``CWP'') from the Republic of Korea (``Korea''). The review 
covers the period November 1, 2009, through October 31, 2010, and two 
producers/exporters of the subject merchandise to the United States: 
SeAH Steel Corporation (``SeAH'') and Hyundai HYSCO (``HYSCO''). Based 
on our analysis of the comments received from interested parties, we 
have made changes to the margin calculations. The final weighted-
average dumping margins for the reviewed firms are listed below in the 
section entitled ``Final Results of Review.''

DATES: Effective Date: June 11, 2012.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg or Jennifer Meek, AD/CVD 
Operations, Office 1, Import Administration, International Trade

[[Page 34345]]

Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1785 
or (202) 482-2778, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Following Circular Welded Non-Alloy Steel Pipe From the Republic of 
Korea: Preliminary Results of the Antidumping Duty Administrative 
Review, 76 FR 76369, 76374 (December 7, 2011) (``Preliminary 
Results''), the Department requested additional information on the U.S. 
date of sale. Accordingly, we postponed the briefing schedule. We sent 
supplemental questionnaires to HYSCO and SeAH on January 20, and 
January 27, 2012, respectively, and we received timely responses on 
February 3, and February 22, 2012, respectively.
    On February 15, 2012, the Department published in the Federal 
Register an extension of the time limit for the completion of the final 
results of this review until no later than June 4, 2012, in accordance 
with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the 
Act''), and 19 CFR 351.213(h)(2). See Circular Welded Non-Alloy Steel 
Pipe From the Republic of Korea: Extension of the Final Results of the 
Antidumping Duty Administrative Review, 77 FR 8808 (February 15, 2012).
    We received case briefs from Wheatland Tube Company 
(``Wheatland''), United States Steel Corporation (``U.S. Steel''), 
HYSCO, and SeAH on March 14, 2012. On March 22, 2012, U.S. Steel, 
Wheatland, Allied Tube and Conduit and TMK IPSCO, SeAH, and HYSCO 
submitted rebuttal briefs. On January 6, 2012, Wheatland requested a 
hearing, but withdrew its request on April 5, 2012. Thus, no hearing 
was held.

Scope of the Order

    The merchandise subject to the order is circular welded non-alloy 
steel pipe and tube, of circular cross-section, not more than 406.4 mm 
(16 inches) in outside diameter, regardless of wall thickness, surface 
finish (black, galvanized, or painted), or end finish (plain end, 
beveled end, threaded, or threaded and coupled). These pipes and tubes 
are generally known as standard pipes and tubes and are intended for 
the low-pressure conveyance of water, steam, natural gas, air, and 
other liquids and gases in plumbing and heating systems, air-
conditioning units, automatic sprinkler systems, and other related 
uses. Standard pipe may also be used for light load-bearing 
applications, such as for fence tubing, and as structural pipe tubing 
used for framing and as support members for reconstruction or load-
bearing purposes in the construction, shipbuilding, trucking, farm 
equipment, and other related industries. Unfinished conduit pipe is 
also included in the order.
    All carbon-steel pipes and tubes within the physical description 
outlined above are included within the scope of the order except line 
pipe, oil-country tubular goods, boiler tubing, mechanical tubing, pipe 
and tube hollows for redraws, finished scaffolding, and finished 
conduit.\1\
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    \1\ See Final Negative Determination of Scope Inquiry on Certain 
Circular Welded Non-Alloy Steel Pipe and Tube From Brazil, the 
Republic of Korea, Mexico, and Venezuela, 61 FR 11608 (March 21, 
1996). In accordance with this determination, pipe certified to the 
API 5L line-pipe specification and pipe certified to both the API 5L 
line-pipe specifications and the less-stringent ASTM A-53 standard-
pipe specifications, which falls within the physical parameters as 
outlined above, and entered as line pipe of a kind used for oil and 
gas pipelines is outside of the scope of the antidumping duty order.
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    Imports of these products are currently classifiable under the 
following Harmonized Tariff Schedule (``HTS'') subheadings: 
7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 
7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. Although the HTS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of this proceeding is dispositive.

Analysis of Comments Received

    All issues raised are addressed in the ``Issues and Decision 
Memorandum for the 2009-2010 Administrative Review of Circular Welded 
Non-Alloy Steel Pipe from the Republic of Korea'' (``Issues and 
Decision Memorandum''), which is dated concurrently with and hereby 
adopted by this notice. A list of the issues which parties raised and 
to which we responded in the Issues and Decision Memorandum is attached 
to this notice as an Appendix. The Issues and Decision Memorandum is a 
public document and is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). Access to IA ACCESS is 
available in the Central Records Unit (``CRU''), room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Import 
Administration Web site at http://ia.ita.doc.gov/frn/index.html. The 
signed Issues and Decision Memorandum and the electronic versions of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    SeAH's U.S. credit expenses have been recalculated to include the 
period from the date of shipment until the date of payment as opposed 
to the date of invoice to the date of payment in accordance with our 
practice. We have also recalculated the adjustment for U.S. inventory 
carrying costs incurred in the country of manufacture to avoid double 
counting the time period between the date of shipment and the invoice 
date.
    SeAH's reported cost of manufacturing has been revised to eliminate 
the inventory valuation adjustment. For additional details, see 
Memorandum to Neal M. Halper, Director of Office of Accounting, ``Cost 
of Production and Constructed Value Calculation Adjustments for the 
Final Results--SeAH Steel Corporation,'' dated June 4, 2012.

Cost of Production

    Consistent with the Preliminary Results, we disregarded home market 
sales by SeAH and HYSCO that failed the cost-of-production test.

Final Results of Review

    We determine that a weighted-average dumping margin exists for the 
two respondents, SeAH and HYSCO, for the period November 1, 2009, 
through October 31, 2010.

------------------------------------------------------------------------
                                                     Weighted-Average
             Manufacturer/Exporter                    Dumping Margin
------------------------------------------------------------------------
SeAH Steel Corporation.........................                    2.69%
Hyundai HYSCO..................................                    0.59%
------------------------------------------------------------------------


[[Page 34346]]

Disclosure

    The Department will disclose calculations performed within five 
days of the date of publication of this notice to the parties to this 
proceeding in accordance with 19 CFR 351.224(b).

Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, in accordance with 19 CFR 351.212(b)(1).
    The Department calculated importer-specific ad valorem duty 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the examined sales for that importer. Where the assessment rate is 
above de minimis, we will instruct CBP to assess duties on all entries 
of subject merchandise by that importer. 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 intends to issue assessment instructions to CBP 15 
days after the date of publication of these final results of review.
    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) 
(``Assessment Policy Notice''). This clarification will apply to 
entries of subject merchandise during the period of review produced by 
companies included in these final results of review for which the 
reviewed companies did not know that the merchandise they sold 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 intermediary party involved in the transaction. See 
Assessment Policy Notice for a full discussion of this clarification.

Cash Deposit Requirements

    The following cash deposit rates will be effective upon publication 
of the final results of this administrative review for all shipments of 
CWP from Korea entered or withdrawn from warehouse, for consumption, on 
or after the publication date, as provided by section 751(a)(2)(C) of 
the Act: (1) The cash deposit rates for the companies listed above will 
be the rates established in the final results of this review, except if 
the rate is less than 0.5 percent and, therefore, de minimis, the cash 
deposit rate will be zero; (2) for previously reviewed or investigated 
companies not listed above, the cash deposit rate will continue to be 
the company-specific rate published for the most recent final results 
for that manufacturer or exporter; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original less-than-fair-
value (``LTFV'') investigation, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent final 
results for the manufacturer of the merchandise; and (4) if neither the 
exporter nor the manufacturer is a firm covered in this or any previous 
review or the LTFV investigation conducted by the Department, the cash 
deposit rate will be 4.80 percent, the ``all others'' rate established 
in the LTFV investigation. See Notice of Antidumping Orders: Certain 
Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic of 
Korea, Mexico, and Venezuela, and Amendment to Final Determination of 
Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy Steel 
Pipe from Korea, 57 FR 49453 (November 2, 1992). These deposit 
requirements shall remain in effect until further notice.

Notification to Importers

    This notice also serves as the final 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and in 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.
    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 4, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum

Hysco Issues and Seah Issues

Comment 1: Whether to Eliminate Zeroing Methodology in the Final 
Results

Wheatland Tube Company and U.S. Steel Issues

Comment 2: Whether The Department Should Use the Purchase Order Date 
for HYSCO's U.S. Date of Sale

U.S. Steel Issues

Comment 3: Whether to Use the Invoice Date for SeAH's U.S. Date of 
Sale
Comment 4: Whether to Recalculate SeAH's U.S. Credit Expense

Wheatland Tube Company Issues

Comment 5: Whether to Include Bad Debt in SeAH's U.S. Indirect 
Selling Expenses
Comment 6: Whether to Increase SeAH's Reported Costs to Include An 
Unreconciled Amount
Comment 7: Whether to Disallow Any Offset to SeAH's Reported Costs 
for Inventory Valuation Gains
Comment 8: Whether to Base the Major Input Adjustment for SeAH's 
Hot-Rolled Steel Purchases on Comparisons of Identical 
Specifications
[FR Doc. 2012-14147 Filed 6-8-12; 8:45 am]
BILLING CODE 3510-DS-P