[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89059-89061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29543]


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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 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 circular welded 
non-alloy steel pipe (CWP) from the Republic of Korea (Korea). The 
period of review (POR) is November 1, 2014, through October 31, 2015. 
The Department preliminarily determines that the one individually-
examined respondent in this review, Husteel Co., Ltd. (Husteel), made 
sales of the subject merchandise at prices below normal value, and that 
Hyundai Steel Company (Hyundai Steel) had no shipments of subject 
merchandise during the POR. Interested parties are invited to comment 
on these preliminary results.

DATES: Effective December 9, 2016.

FOR FURTHER INFORMATION CONTACT: Joseph Shuler, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-1293.

[[Page 89060]]

Scope of the Order

    The merchandise subject to the order is circular welded non-alloy 
steel pipe and tube. Imports of the product are currently classifiable 
in the Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040, 
7306.30.5055, 7306.30.5085, and 7306.30.5090. While the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description is dispositive. A full description of the scope of 
the order is contained in the Preliminary Decision Memorandum.\1\
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    \1\ For a full description of the scope of the order, see the 
Memorandum from Deputy Assistant Secretary Christian Marsh to 
Assistant Secretary Paul Piquado, ``Decision Memorandum for the 
Preliminary Results of Antidumping Duty Administrative Review: 
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: 
2014-2015,'' dated concurrently with, and hereby adopted by this 
notice (Preliminary Decision Memorandum).
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Methodology

    The Department is conducting 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 the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is provided as 
Appendix I to this notice. The Preliminary 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) available to registered users at http://access.trade.gov and 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 accessed 
directly at http://enforcement.trade.gov/frn/index.html.

Preliminary Determination of No Shipments

    We received a timely submission from Hyundai Steel reporting to the 
Department that it had no exports, sales, or entries of subject 
merchandise to the United States during the POR.\2\ Based on the 
certification submitted by Hyundai Steel and our analysis of 
information from U.S. Customs and Border Protection (CBP), we 
preliminarily determine that Hyundai Steel had no shipments of subject 
merchandise during the POR. For additional information on our 
preliminary no shipments determination, see the Preliminary Decision 
Memorandum.
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    \2\ See Hyundai Steel's Letter to the Department, ``Certain 
Circular Welded Non-Alloy Steel Pipe from Korea: No Shipment 
Letter,'' dated February 11, 2016.
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Preliminary Results of the Administrative 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, 2014, through October 31, 2015. The rate for 
the companies not selected for individual examination is equal to the 
weighted-average dumping margin for the selected respondent, Husteel.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Husteel Co., Ltd............................................        1.77
AJU Besteel.................................................        1.77
NEXTEEL.....................................................        1.77
SeAH Steel Corporation......................................        1.77
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Disclosure and Public Comment

    We intend to disclose to interested parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice.\3\ Interested parties may submit case 
briefs no later than 30 days after the date of publication of the 
preliminary results.\4\ Rebuttal briefs, limited to the issues raised 
in the case briefs, may be filed no later than five days after the 
submission of case briefs.\5\ 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.\6\
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    \3\ See 19 CFR 351.224(b).
    \4\ See 19 CFR 351.309(c)(1)(ii).
    \5\ See 19 CFR 351.309(d)(1).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS. An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, ACCESS, no later than 5:00 p.m. 
Eastern Time within 30 days of publication of this notice.\7\ Hearing 
requests should contain: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the 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, unless 
extended, pursuant to section 751(a)(3)(A) of the Act.
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    \7\ See 19 CFR 351.310(c).
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Assessment Rates

    If Husteel's weighted-average dumping margin is above de minimis in 
the final results of this review, we will calculate an importer-
specific assessment rate on the basis of the ratio of the total amount 
of antidumping duties calculated for the importer's examined sales and 
the total entered value of the sales in accordance with 19 CFR 
351.212(b)(1).\8\ If Husteel's weighted-average dumping margin is zero 
or de minimis in the final results of reviews, we will instruct CBP not 
to assess duties on any of its entries in accordance with the Final 
Modification for Reviews.\9\
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    \8\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \9\ See Final Modification for Reviews, 77 FR at 8102.
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    For entries of subject merchandise during the POR produced by 
Husteel for which it did not know its merchandise was 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 companies 
involved in the transaction. Consistent with our practice, if we 
continue to find that Hyundai Steel had no shipments of subject 
merchandise to the United States in the final results of this review, 
we intend to instruct CBP to liquidate any existing entries of 
merchandise produced by Hyundai Steel and exported by other parties at 
the all-others rate.
    For AJU Besteel, NEXTEEL, and SeAH Steel Corporation (the companies 
not selected for individual examination), we will instruct CBP to apply 
the rate assigned to them in the final results of this review to all 
entries of subject merchandise produced and/or exported by these 
companies.
    We intend to issue liquidation instructions to CBP 15 days after

[[Page 89061]]

publication of the final results of these reviews.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this 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 rates 
for Husteel, AJU Besteel, NEXTEEL, and SeAH Steel Corporation 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.\10\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \10\ 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 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 preliminary results 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 6, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Rates for Respondents Not Selected for Invididual Examination
VI. Discussion of The Methodology
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Constructed Export Price
X. Normal Value
    A. Comparison Market Viability
    B. Affiliated Party Transactions and Arm's Length Test
    C. Level of Trade/CEP Offset
    D. Cost of Production Analysis
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
XI. Currency Conversion
XII. Recommendation

[FR Doc. 2016-29543 Filed 12-8-16; 8:45 am]
 BILLING CODE 3510-DS-P