[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Notices]
[Pages 39908-39910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14425]


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

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; 2013-2014

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

SUMMARY: On December 8, 2015, 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, 2013, through October 31, 2014.\1\ The review covers three 
producers/exporters of the subject merchandise: Husteel Co., Ltd. 
(Husteel), Hyundai HYSCO (HYSCO), and SeAH Steel Corporation (SeAH). 
For these final results, we continue to find that Husteel and HYSCO 
sold subject merchandise at below normal value. We also determine that 
SeAH did not make sales of subject merchandise at below normal value.
---------------------------------------------------------------------------

    \1\ See Circular Welded Non-Alloy Steel Pipe From the Republic 
of Korea: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review; 2013-2014, 80 FR 76267 (December 8, 
2015) (Preliminary Results) and accompanying Preliminary Decision 
Memorandum.

---------------------------------------------------------------------------
DATES: Effective Date: June 20, 2016.

FOR FURTHER INFORMATION CONTACT: Joseph Shuler, Jennifer Meek, or Lana 
Nigro, 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) 482-1293, (202) 482-2778, or (202) 482-1779, respectively.

Background

    Following the Preliminary Results, the Department sent a 
supplemental questionnaire to SeAH and received a timely response.\2\
---------------------------------------------------------------------------

    \2\ See Letter to SeAH, ``Antidumping Duty Administrative Review 
of Circular Welding Non-Alloy Steel Pipe from the Republic of Korea: 
Supplemental Questionnaire,'' (December 18, 2015); see also Letter 
from SeAH, ``Administrative Review of the Antidumping Order on 
Circular Welded Non-Alloy Steel Pipe from Korea for the 2013-2014 
Review Period--Response to December 18 Supplemental Questionnaire,'' 
(December 28, 2015).
---------------------------------------------------------------------------

    On January 4 and January 20, 2016, the Department extended the 
briefing schedule.\3\ On April 5, 2016, the

[[Page 39909]]

Department issued a memorandum extending the time period for issuing 
the final results of this administrative review by 60 days, from April 
12, 2016 to June 10, 2016, 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).\4\
---------------------------------------------------------------------------

    \3\ See Memorandum to the File, ``Extension of the Briefing 
Schedule,'' (January 4, 2016) and Memorandum to all interested 
parties, ``Second Extension of the Briefing Schedule,'' (January 20, 
2016); we also extended the deadline to submit rebuttal briefs. See 
memorandum to all interested parties, ``Extension of the Deadline to 
submit Rebuttal Briefs,'' (February 5, 2016).
    \4\ See Memorandum 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,'' (April 5, 2016).
---------------------------------------------------------------------------

    On January 7, 2016, Husteel and HYSCO both requested a hearing. 
These requests were subsequently withdrawn.\5\ On February 3, 2016, we 
received case briefs from JMC Steel Group (JMC) and Allied Tube and 
Conduit (Allied) (the petitioners), Husteel, HYSCO, and SeAH.\6\ On 
February 12, 2015, we received rebuttal briefs from the petitioners, 
SeAH, and HYSCO.\7\
---------------------------------------------------------------------------

    \5\ See Letter from Hyundai Steel Company, ``Administrative 
Review of Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea: Request for Public Hearing,'' (January 7, 2016); see also 
Letter from Husteel, ``Certain Circular Welded Non-Alloy Steel Pipe 
from the Republic of Korea, Case No. A-580-809: Request for 
Hearing,'' (January 7, 2016); and the withdrawal requests, see See 
Letter from Hyundai Steel Company, ``Administrative Review of 
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: 
Withdrawal of Request for Hearing,'' (February 22, 2016); see also 
Letter from Husteel, ``Certain Circular Welded Non-Alloy Steel Pipe 
from the Republic of Korea, 11/1/2014-10/31/2014 Administrative 
Review, Case No. A-580-809: Withdrawal of Request for Hearing,'' 
(February 19, 2016).
    \6\ See Case Brief of the Petitioners, ``Circular Welded Non-
Alloy Steel Pipe From the Republic of Korea: Case Brief,'' (February 
3, 2016); 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,'' (February 3, 2016); Case Brief of HYSCO, ``Certain 
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: 
Case Brief,'' (February 3, 2016); Case Brief of SeAH, 
``Administrative Review of the Antidumping Order on Circular Welded 
Non-Alloy Steel Pipe from Korea for the 2013-2014 Review Period--
Case Brief,'' (February 3, 2016).
    \7\ See Rebuttal Brief of the petitioners, ``Circular Welded 
Non-Alloy Steel Pipe From the Republic of Korea: Rebuttal Brief,'' 
(February 12, 2016), and see Rebuttal Brief from Hundai HYSCO, 
``Certain Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea: Rebuttal Brief,'' (February 12, 2016); see also Rebuttal 
Brief from SeAH, ``Administrative Review of the Antidumping Order on 
Circular Welded Non-Alloy Steel Pipe from Korea for the 2013-2014 
Review Period--Rebuttal Brief,'' (February 12, 2016).
---------------------------------------------------------------------------

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 Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for the Final Results of Antidumping Duty Administrative 
Review: Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea: 2013-2014,'' 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 B8024 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 changes for SeAH since the Preliminary 
Results. For home market sales that SeAH identified as consignment 
sales, in accordance with the Department's practice, we have used the 
date the customer withdrew the merchandise from consignment inventory 
as the appropriate date of sale. For all remaining sales we continue to 
follow our practice as described in the Preliminary Results. 
Additionally, we have recalculated inventory carrying costs for direct 
shipment CEP sales based on the inventory period from factory 
production to shipment to the U.S. customer.\8\
---------------------------------------------------------------------------

    \8\ For a discussion of these changes, see the accompanying 
Issues and Decision Memorandum at Comment 7 and SeAH's Final 
Determination Calculation Memorandum dated concurrently with this 
Federal Register notice.
---------------------------------------------------------------------------

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, 2013 
through October 31, 2014:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/Exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Husteel Co., Ltd............................................        1.42
Hyundai HYSCO...............................................        1.62
SeAH Steel Corporation......................................        0.00
------------------------------------------------------------------------

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, HYSCO, and SeAH 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, HYSCO, and SeAH which they did not know were destined for the 
United States, we will instruct CBP to liquidate

[[Page 39910]]

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, HYSCO, and SeAH will be equal to the respective weighted-
average dumping margins 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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 10, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Issues Discussed in the Issues and Decision 
Memorandum

Summary
Background
Changes Since the Preliminary Results
List of Comments
Scope of the Order
Discussion of the Issues
    Comment 1: Whether the Cohen's d Test Measures ``Targeted'' or 
Masked Dumping
    Comment 2: Whether the Ratio Test Is Arbitrary and Whether the 
``Meaningful Difference Requirement'' Was Satisfied
    Comment 3: Whether Consideration of an Alternative Comparison 
Method Is Permitted in Administrative Reviews
    Comment 4: Whether the Mixed Methodology Leads to Zeroing
    Comment 5: The Appropriate Universe of HYSCO's Home Market Sales
    Comment 6: Whether Certain HYSCO Sales Are Outside the Ordinary 
Course of Trade
    Comment 7: SeAH's Reported Credit Expense for Back-to-Back U.S. 
Sales
    Comment 8: Whether To Use SeAH's Reported Nominal Outside 
Diameter
    Comment 9: Husteel's Cost Reallocation
    Comment 10: HYSCO's Cost Reallocation
    Comment 11: SeAH's Cost Reallocation
    Comment 12: Whether To Assign HYSCO's
Cash Deposit Rate to Hyundai Steel Recommendation

[FR Doc. 2016-14425 Filed 6-17-16; 8:45 am]
 BILLING CODE 3510-DS-P