[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78336-78338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30935]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-809]


Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on circular welded 
non-alloy steel pipe (CWP) from the Republic of Korea (Korea).\1\ The 
period of review (POR) is November 1, 2011, through October 31, 2012. 
This review covers eight producers or exporters of the subject 
merchandise, Husteel Co., Ltd. (Husteel), Hyundai HYSCO (HYSCO), Dongbu 
Steel Co., Ltd., SeAH Steel Corporation, A-JU Besteel Co., Ltd., 
Kumkang Industrial Co., Ltd., Nexteel Co., Ltd., and Union Steel Co., 
Ltd. We have preliminarily found that HYSCO has made sales of the 
subject merchandise at prices below normal value, and that Husteel did 
not make sales of subject merchandise at

[[Page 78337]]

prices below normal value. We are rescinding this review for the other 
six producers or exporters. Interested parties are invited to comment 
on these preliminary results.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
77017 (December 31, 2012).

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DATES: Effective Date: December 26, 2013.

FOR FURTHER INFORMATION CONTACT: Mary Kolberg, or Jennifer Meek, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
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:

Scope of the Order

    The merchandise subject to the order is circular welded non-alloy 
steel pipe and tube. The product is currently classifiable under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
numbers: 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 
7306.30.5055, 7306.30.5085, and 7306.30.5090. Although the HTSUS 
numbers are provided for convenience and customs purposes, the written 
product description, available in the Memorandum from Gary Taverman, 
Senior Advisor for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Circular Welded Non-Alloy Steel 
Pipe from the Republic of Korea'' dated concurrently with this notice 
(Preliminary Decision Memorandum).

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), we are rescinding this 
administrative review with respect to the following parties because the 
review requests were timely withdrawn: Dongbu Steel Co., Ltd., SeAH 
Steel Corporation, A-JU Besteel Co., Ltd., Kumkang Industrial Co., 
Ltd., Nexteel Co., Ltd., and Union Steel Co., Ltd.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price is calculated in accordance with section 772 of the Act. 
Normal value is calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see Preliminary Decision Memorandum, which is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (IA ACCESS), and is hereby adopted with this notice. Access to 
IA ACCESS is available to registered users at http://iaaccess.trade.gov 
and is available to all parties in the Central Records Unit, room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the Internet at http://enforcement.trade.gov/frn/index.html. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the respondents 
for the period November 1, 2011, through October 31, 2012.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Husteel Co., Ltd............................................        0.00
Hyundai HYSCO...............................................        3.39
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Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\2\ We plan 
on conducting verification of Husteel's sales responses after these 
preliminary results. Therefore, interested parties may submit written 
comments (case briefs) for this administrative review no later than one 
week after the issuance of the Husteel's verification report, and 
rebuttal comments (rebuttal briefs) within five days after the time 
limit for filing case briefs. Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\3\ Case and rebuttal briefs 
should be filed using IA ACCESS.\4\
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    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(c)(2) and (d)(2).
    \4\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via IA ACCESS. An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern 
Standard Time within 30 days after the date of publication of this 
notice.\5\ Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. The Department will issue 
the final results of this administrative review, including the results 
of its analysis of the issues raised in any written briefs, not later 
than 120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.
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    \5\ See 19 CFR 351.310(c).
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Assessment Rates

    For Husteel and HYSCO, upon issuance of the final results, the 
Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries 
covered by this review. Husteel and HYSCO reported the name of the 
importer of record and the entered value for all of their sales to the 
United States during the POR. If Husteel and HYSCO's weighted-average 
dumping margins are not zero or de minimis (i.e., less than 0.50 
percent) in the final results of this review, we will calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for each importer's examined sales 
and the total entered value of those sales in accordance with 19 CFR 
351.212(b)(1).
    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is not 
zero or de minimis. Where either the respondent's weighted-average 
dumping margin is zero or de minimis,\6\ or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise

[[Page 78338]]

during the POR produced by Husteel and HYSCO for which they 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 if there is no rate for the intermediate company(ies) 
involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    For Husteel and HYSCO, we intend to issue instructions to CBP 15 
days after publication of the final results of this review.
    For the rescinded companies, antidumping duties shall be assessed 
at rates equal to the rates for the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
The Department intends to issue appropriate assessment instructions to 
CBP 15 days after the date of publication of this notice.

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of the notice of final 
results of administrative review for all shipments of CWP from Korea 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2) of the Act: (1) 
The cash deposit rate for HYSCO and Husteel will be equal to the 
weighted-average dumping margins established in the final results of 
this administrative review; (2) for merchandise exported by producers 
or exporters not covered in this review but covered in a prior 
completed segment of the proceeding, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation but the producer has been 
covered in a prior complete segment of this proceeding, the cash 
deposit rate will be the rate established for the most recent period 
for the producer of the merchandise; (4) the cash deposit rate for all 
other producers or exporters will continue to be 4.80 percent, the 
``all others'' rate established in the order.\7\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \7\ See Notice of Antidumping Duty Orders: Certain Circular 
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea 
(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).
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Notification to Importers

    This notice serves as a preliminary reminder and, with respect to 
companies which we rescind in part 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.
    The Department is issuing and publishing these results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 18, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

Comparison to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
Product Comparisons
Treatment of Grade as a Physical Characteristic
Level of Trade/Constructed Export Price Offset
Constructed Export Price
Normal Value
    A. Selection of Comparison Market
    B. Affiliated Party Transactions and Arm's Length Test
    C. Cost of Production
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Constructed Value
    E. Calculation of Normal Value Based on Comparison Market Prices
Currency Conversion

[FR Doc. 2013-30935 Filed 12-24-13; 8:45 am]
BILLING CODE 3510-DS-P