[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 32937-32939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14214]


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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 Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On December 5, 2014, the Department of Commerce (the 
Department) published the Preliminary Results of its administrative 
review of the antidumping duty order on circular welded non-alloy steel 
pipe (CWP) from the Republic of Korea (Korea) for the period November 
1, 2012, through October 31, 2013.\1\ The review covers two producers/
exporters of the subject merchandise, Husteel Co., Ltd. (Husteel) and 
Hyundai HYSCO (HYSCO), both of which were selected for individual 
examination. As a result of our analysis of the comments received, 
these final results differ from our Preliminary Results. For these 
final results, we continue to find that Husteel and HYSCO sold subject 
merchandise at prices less than normal value.
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    \1\ See Circular Welded Non-Alloy Steel Pipe From the Republic 
of Korea: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review; 2012-2013, 79 FR 72168 (December 5, 
2014) (Preliminary Results) and accompanying Preliminary Decision 
Memorandum.

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DATES: Effective date: June 10, 2015.

FOR FURTHER INFORMATION CONTACT: Joseph Shuler 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;

[[Page 32938]]

telephone (202) 482-1293 or (202) 482-2778, respectively.

Background

    Following the Preliminary Results, the Department sent a 
supplemental questionnaire to HYSCO and received timely responses from 
HYSCO and its affiliate, Hyundai Steel.\2\
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    \2\ See Letter to HYSCO, ``Antidumping Duty Administrative 
Review of Circular Welding Non-Alloy Steel Pipe from the Republic of 
Korea: Supplemental Questionnaire,'' (December 16, 2014); see also 
Letter to the Department, ``Twenty-First Administrative Review of 
Certain Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea: Supplemental Section D Questionnaire Response,'' (January 7, 
2015) and see Letter to the Department regarding, ``Twenty-First 
Administrative Review of Certain Circular Welded Non-Alloy Steel 
Pipe from the Republic of Korea: Response of Hyundai Steel to 
Question 1 of the Supplemental Section D Questionnaire to HYSCO,'' 
(January 7, 2015).
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    On March 10, 2015, the Department issued a memorandum extending the 
time period for issuing the final results of this administrative review 
from April 4, 2015 to May 4, 2015, as permitted by section 751(a)(3)(A) 
of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.213(h)(2).\3\ We again, on April 15, 2015, extended the final 
results from May 4, 2015 to June 3, 2015.\4\
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    \3\ See Memorandum from Joseph Shuler, to Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations entitled ``Circular Welded Non-Alloy Steel Pipe from the 
Republic of Korea: Extension of Time Limit for Final Results of 
Antidumping Duty Administrative Review,'' (March 10, 2015).
    \4\ See Memorandum from Joseph Shuler, to Gary Taverman, 
Associate Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations entitled ``Circular Welded Non-Alloy 
Steel Pipe from the Republic of Korea: Extension of Time Limit for 
Final Results of Antidumping Duty Administrative Review,'' (April 
15, 2015).
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    On January 26, 2015, we received case briefs from Wheatland Tube 
Company (Wheatland, or the petitioner), Husteel, and HYSCO.\5\ On 
February 2, 2015, we received rebuttal briefs from Wheatland and 
HYSCO.\6\
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    \5\ See Case Brief of Wheatland Tube Company (Petitioner), 
``Circular Welded Non-Alloy Steel Pipe From the Republic of Korea: 
Case Brief,'' (January 26, 2015); see also Case Brief of Husteel, 
``Certain Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea, Case No. A-580-809: Case Brief,'' (January 26, 2015), and 
see, also, Case Brief of HYSCO, ``Twenty-First Administrative Review 
of Certain Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea: Case Brief and Request for Closed Hearing,'' (January 26, 
2015).
    \6\ See Rebuttal Brief of Wheatland Tube Company, ``Circular 
Welded Non-Alloy Steel Pipe From the Republic of Korea: Rebuttal 
Brief of Wheatland Tube Company,'' (February 2, 2015), and see 
Rebuttal Brief from Hundai HYSCO, ``Twenty-First Administrative 
Review of Certain Circular Welded Non-Alloy Steel Pipe from the 
Republic of Korea: Rebuttal Brief,'' (February 2, 2015).
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Scope of the Order

    The merchandise subject to the order is circular welded non-alloy 
steel pipe and tube. The product is currently classified under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
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 HTSUS numbers are provided for convenience and customs 
purposes, the written product description remains dispositive.
    A full description of the scope of the order is contained in the 
memorandum from Gary Taverman, Associate Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Ronald K. Lorentzen, 
Acting Assistant Secretary for Enforcement and Compliance, ``Issues and 
Decision Memorandum for the Final Results of the Antidumping Duty 
Administrative Review: Circular Welded Non-Alloy Steel Pipe from the 
Republic of Korea: 2012-2013,'' dated concurrently with this notice 
(Issues and Decision Memorandum), and which is hereby adopted by this 
notice.

Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of the issues raised is attached 
to this notice as an Appendix. The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.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 Issues and Decision Memorandum can 
be accessed directly on the internet at http://trade.gov/enforcement. 
The signed Issues and Decision Memorandum and the electronic versions 
of the Issues and Decision Memorandum are identical in content.

Changes From the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, we have made certain adjustments to define the universe of 
Husteel's U.S. sales.\7\ Also, based on our analysis of the comments 
received from interested parties, and the additional information we 
solicited from HYSCO, we have made certain changes to HYSCO's costs, 
HYSCO's General and Administrative expense calculation; and corrected 
certain errors related to grade code.\8\ For details regarding these 
changes, please refer to the Issues and Decision Memorandum.
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    \7\ See Memorandum to The File from Jennifer Meek, International 
Trade Compliance Analyst, Enforcement and Compliance Office I, 
``Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: 
Final Calculation Memorandum for Husteel Co., Ltd.'' (June 3, 2015).
    \8\ See Memorandum to The File from Joseph Shuler, International 
Trade Compliance Analyst, Enforcement and Compliance Office I, 
``Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: 
Final Calculation Memorandum for Hyundai HYSCO'' (June 3, 2015).
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Final Results of the Review

    As a result of this review, we determine that the following 
weighted-average dumping margins exist for the period November 1, 2012, 
through October 31, 2013:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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Husteel Co., Ltd........................................            1.05
Hyundai HYSCO...........................................            0.80
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Disclosure

    We will disclose the calculations used in our analysis to parties 
to these proceedings within five days of the date of publication of 
this notice pursuant to 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) and (C) of the Act, and 19 CFR 
351.212(b)(1), the Department has determined, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise in accordance with the final 
results of this review. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of these 
final results of review.
    For assessment purposes, 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 period of review (POR). Accordingly, for each 
respondent, we calculated importer-specific ad valorem antidumping duty 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales and the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1). Where an importer-specific assessment rate is zero or de 
minimis (i.e., less than 0.5 percent), we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties 
in accordance with 19 CFR 351.106(c)(2).
    For entries of subject merchandise during the POR produced by 
Husteel and HYSCO for which they did not

[[Page 32939]]

know were destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate if there is no rate 
for the intermediate company or companies 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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered or withdrawn from 
warehouse, for consumption, on or after the date of publication as 
provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate 
for Husteel and HYSCO will be equal to the respective weighted-average 
dumping margin established in the final results of this review; (2) for 
merchandise exported by manufacturers or exporters not covered in this 
review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding in which 
that manufacturer or exporter participated; (3) if the exporter is not 
a firm covered in this review, a prior review, or the original 
investigation but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment of this 
proceeding for the manufacturer of subject merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 4.80 percent, the ``all others'' rate established 
pursuant to a court decision.\9\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \9\ See Circular Welded Non-Alloy Steel Pipe From Korea: Notice 
of Final Court Decision and Amended Final Determination, 60 FR 55833 
(November 3, 1995).
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Notification to Importers Regarding the Reimbursement of Duties

    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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    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), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or 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.

Notification to Interested Parties

    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: June 3, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Issues Discussed in the Issues and Decision Memorandum

Comment 1: Differential Pricing Analysis Should Not Be Used Because 
the Cohen's d Test Does Not Measure Targeted or Masked Dumping
Comment 2: Differential Pricing Analysis Reasoning for Use of 
Average-to-Transaction Comparison Methodology is Arbitrary and 
Unlawful
Comment 3: Differential Pricing Analysis is Not Permitted to be Used 
in Administrative Reviews
Comment 4: Defining the Universe of Sales
Comment 5: Narrative Description of Calculation Methodology 
Contained An Error
Comment 6: The Department Changed Its Practice Regarding Treatment 
of HYSCO's Costs Without Giving Prior Notice
Comment 7: The Department Should Use GNA_I In Its Margin Calculation 
and Should Adjust HYSCO's Reported Costs
Comment 8: HYSCO's Reported Costs and Control Number (CONNUM) 
Characteristics Are Consistent with the Department's Reporting 
Requirements and Should Not Be Reallocated
Comment 9: The Petitioner's Analysis of HYSCO's Cost Reporting Does 
Not Support Revision To Costs and a Complete Reallocation of HYSCO's 
Cost is Unwarranted
Comment 10: Cost Adjustments Eliminate Cost Differences Associated 
with Product Characteristics and Reallocating Total Material Costs 
Rather Than Only Hot-Coil Costs Is An Error
Comment 11: The Department Should Adjust for Certain of HYSCO's 
Affiliated Hot-Rolled Coil Purchases
Comment 12: The Department Should Adjust HYSCO's G&A Ratio
Comment 13: Grade Coding Adjustments Contained Clerical Errors
Comment 14: Draft Assessment Instructions Contained Errors
Comment 15: Application of Total Adverse Facts Available is 
Warranted Due to HYSCO's Repeated Failure to Provide Necessary 
Information for Affiliated Hot-Rolled Coil Purchases

[FR Doc. 2015-14214 Filed 6-9-15; 8:45 am]
BILLING CODE 3510-DS-P