[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71074-71076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24800]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]


Certain Oil Country Tubular Goods From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2014-
2015

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain oil 
country tubular goods (OCTG) from the Republic of Korea (Korea). The 
period of review (POR) is July 18, 2014, through August 31, 2015. The 
Department preliminarily determines that the producers or exporters 
subject to the review, including the mandatory respondents NEXTEEL Co. 
Ltd. (NEXTEEL) and SeAH Steel Corporation (SeAH), made sales of subject 
merchandise at less than normal value. We invite interested parties to 
comment on these preliminary results.

DATES: Effective October 14, 2016.

FOR FURTHER INFORMATION CONTACT: Victoria Cho or Deborah Scott, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5075 or (202) 482-2657, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 1, 2015, we published in the Federal Register a notice 
of opportunity to request an administrative review of the order.\1\ As 
explained in the memorandum from the Acting Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll all administrative deadlines by four business days due to the 
closure of the Federal Government during Snowstorm Jonas.\2\ On 
February 12, 2016, we selected as mandatory respondents the two 
exporters or producers accounting for the largest volume of OCTG from 
Korea during the POR (i.e., in alphabetical order, NEXTEEL and 
SeAH).\3\ On May 31, 2016, we fully extended the preliminary results by 
120 days.\4\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 80 FR 52741 (September 1, 2015).
    \2\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Snowstorm 
Jonas,'' dated January 27, 2016.
    \3\ See the Department's Memorandum entitled, ``Antidumping Duty 
Administrative Review of Certain Oil Country Tubular Goods from the 
Republic of Korea: Respondent Selection Memorandum,'' dated February 
12, 2016 (Respondent Selection Memo).
    \4\ See the Memoradum to Christian Marsh entitled, ``Oil Country 
Tubular Goods from the Republic of Korea: Extension of Time Limit 
for Preliminary Results of Antidumping Duty Administrative Review,'' 
dated May 31, 2016.
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Scope of the Order

    The merchandise covered by the order is certain OCTG, which are 
hollow steel products of circular cross-section, including oil well 
casing and tubing, of iron (other than cast iron) or steel (both carbon 
and alloy), whether seamless or welded, regardless of end finish (e.g., 
whether or not plain end, threaded, or threaded and coupled) whether or 
not conforming to American Petroleum Institute (API) or non-API 
specifications, whether finished (including limited service OCTG 
products) or unfinished (including green tubes and limited service OCTG 
products), whether or not thread protectors are attached. The scope of 
the order also covers OCTG coupling stock. For a complete description 
of the scope of the order, see the Preliminary Decision Memorandum.\5\
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    \5\ See the accompanying Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Certain Oil 
Country Tubular Goods from the Republic of Korea, dated October 5, 
2016 (Preliminary Decision Memorandum).
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Methodology

    The Department is conducting this administrative review in 
accordance with section 751(a)(2) of the Tariff Act of 1930, as amended 
(the Act). Export price and constructed export price are 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 the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public 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 Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content. A list of the topics discussed in the Preliminary Decision 
Memorandum is attached as Appendix 1 to this notice.

Preliminary Determination of No Shipments

    Among the companies under review, certain companies properly filed 
statements reporting that they made no shipments of subject merchandise 
to the United States during the POR.\6\ Based on the certifications 
submitted by these companies and our analysis of information from U.S. 
Customs and Border Protection (CBP), we preliminarily determine that 
the following companies had no shipments during the POR: Hyundai 
Glovis, Hyundai Mobis, Hyundai RB, Kolon Global, POSCO Plantec, and 
Samsung C&T Corporation.
    For a full explanation of the Department's analysis, see the 
Preliminary Decision Memorandum. The Department finds that it is not 
appropriate to preliminarily rescind the review with respect to these 
companies but, rather, intends to complete the review with respect to 
these companies and issue appropriate instructions to CBP based on the 
final results of this review.

[[Page 71075]]

Rates for Non-Examined Companies
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    \6\ See Letter from Hyundai Steel Company to the Department 
(certifying that its affiliates Hyundai Glovis, Hyundai Mobis, and 
Hyundai RB had no exports, sales or entries of subject merchandise 
to the United States during the POR), dated December 9, 2015; Letter 
from Kolon Global to the Department, dated December 9, 2015; Letter 
from POSCO Plantec to the Department, dated December 9, 2015; and 
Letter from Samsung C&T Corporation to the Department, dated 
December 9, 2015. One other company, POSCO Processing & Service Co., 
Ltd., submitted a letter stating that it had no exports, sales or 
entries of subject merchandise to the United States during the POR. 
See Letter from POSCO Processing & Service Co., Ltd. to the 
Department, dated December 9, 2015. However, no company with this 
specific name was listed in the Initiation Notice. See Initiation 
Notice, 80 FR at 69195-6.
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    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when the Department limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, the Department looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted- average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this review, we have preliminarily calculated weighted-average 
dumping margins for NEXTEEL and SeAH that are not zero, de minimis, or 
determined entirely on the basis of facts available. Accordingly, the 
Department preliminarily has assigned to the companies not individually 
examined (see Appendix 2 for a full list of these companies) a margin 
of 5.92 percent, which is the simple average \7\ of NEXTEEL's and 
SeAH's calculated weighted-average dumping margins.
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    \7\ We calculated the all-others rate using a simple average of 
the dumping margins calculated for the mandatory respondents because 
complete publicly ranged sales data were not available.
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                    dumping margin
                                                             (percent)
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NEXTEEL Co., Ltd........................................            8.04
SeAH Steel Corporation..................................            3.80
Non-examined companies..................................            5.92
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Public Comment on Allegations of a Particular Market Situation

    The Department intends to further consider allegations of a 
particular market situation in this proceeding. We invite parties to 
submit comments and arguments on these allegations no later than 14 
days after the date of publication of this notice. Rebuttal comments 
will be due no later than five days after the deadline for submission 
of affirmative comments.

Disclosure, Public Comment, and Opportunity To Request a Hearing

    We intend to disclose the calculations performed for these 
preliminary results of review to the parties within five days of the 
date of publication of this notice in accordance with 19 CFR 
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the date for filing 
case briefs.\8\ 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.\9\
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    \8\ See 19 CFR 351.309(d).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via the 
Department's electronic records system, ACCESS. An electronically filed 
request must be received successfully in its entirety by 5:00 p.m. 
Eastern Time within 30 days after the date of publication of this 
notice.\10\ 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 intends to 
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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    \10\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. We intend to issue liquidation instructions to CBP 15 days 
after publication of the final results of this review.
    For any individually examined respondent whose weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.5 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 the examined sales made to each importer and 
the total entered value of those sales, in accordance with 19 CFR 
351.212(b)(1). Where an importer-specific ad valorem assessment rate is 
zero or de minimis in the final results of review, we will instruct CBP 
to liquidate the appropriate entries without regard to antidumping 
duties in accordance with 19 CFR 351.106(c)(2). If a respodent's 
weighted-average dumping margin is zero or de minimis in the final 
results of review, we will instruct CBP not to assess duties on any of 
its entries in accordance with the Final Modification for Reviews, 
i.e., ``{w{time} here the weighted-average margin of dumping for the 
exporter is determined to be zero or de minimis, no antidumping duties 
will be assessed.'' \11\
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    \11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
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    For entries of subject merchandise during the POR produced by 
NEXTEEL or SeAH for which the producer did not know its merchandise was 
destined for the United States or for any respondent for which we have 
a final determination of no shipments, 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.\12\
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this review for all 
shipments of OCTG 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 the companies 
listed in the final results of review, will be equal to the weighted-
average dumping margin 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 segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published from a completed segment 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 is, the 
cash deposit rate will be the rate established from a completed segment 
for the most recent period for the producer of the merchandise; (4) the

[[Page 71076]]

cash deposit rate for all other producers or exporters will continue to 
be 5.24 percent,\13\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \13\ See Certain Oil Country Tubular Goods From the Republic of 
Korea: Notice of Court Decision Not in Harmony With Final 
Determination, 81 FR 59603 (August 30, 2016).
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Notification to Importers

    This notice serves as a preliminary 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    The Department is issuing and publishing these results in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix 1

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of Order
4. Preliminary Determination of No Shipments
5. Rates for Non-Examined Companies
6. Affiliation
7. Discussion of the Methodology
8. Currency Conversion
9. Recommendation

Appendix 2

List of Companies Not Individually Examined

A.R. Williams Materials
AJU Besteel Co., Ltd.
AK Steel
BDP International
Cantak Corporation
Daewoo International Corporation
Dong-A Steel Co., Ltd.
Dong Yang Steel Pipe
Dongbu Incheon Steel
Dongbu Steel Co., Ltd.
Dongkuk S and C
DSEC
EEW Korea
Erndtebruecker Eisenwerk and Company
GS Global
H K Steel
Hansol Metal
HG Tubulars Canada Ltd.
Husteel Co., Ltd.
Hyundai HYSCO \14\
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    \14\ On September 21, 2016, the Department published the final 
results of a changed circumstances review with respect to OCTG from 
Korea, finding that Hyundai Steel is the successor-in-interest to 
Hyundai HYSCO for purposes of determining antidumping duty cash 
deposits and liabilities. See Notice of Final Results of Antidumping 
Duty Changed Circumstances Review: Oil Country Tubular Goods From 
the Republic of Korea, 81 FR 64873 (September 21, 2016). Hyundai 
Steel Company is also known as Hyundai Steel Corporation and Hyundai 
Steel Co. Ltd.
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Hyundai HYSCO Co., Ltd.
Hyundai Steel Company
Hyundai Steel Co., Ltd.
ILJIN Steel Corporation
Kukbo Logix
Kukje Steel
Kumkang Industrial Co., Ltd.
McJunkin Red Man Tubular
NEXTEEL Q&T
Nippon Arwwl and Aumikin Vuaan Korea Co., Ltd.
Phocennee
POSCO Processing and Acy Service
Samson
Sedae Entertech
Steel Canada
Steel Flower
Steelpia
Sung Jin
TGS Pipe
Toyota Tsusho Corporation
UNI Global Logistics
Yonghyun Base Materials

[FR Doc. 2016-24800 Filed 10-13-16; 8:45 am]
 BILLING CODE 3510-DS-P