[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Notices]
[Pages 96435-96437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31728]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-810]


Welded ASTM A-312 Stainless 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 (Department) is conducting an 
administrative review of the antidumping duty order on welded ASTM A-
312 stainless steel pipe from Republic of Korea (Korea). The period of 
review (POR) is December 1, 2014, through November 30, 2015. The review 
covers two exporters and/or producers of the subject merchandise: SeAH 
Steel Corporation (SeAH) and LS Metal Co., Ltd. (LS Metal). The 
Department preliminarily determines that during the POR SeAH made sales 
of subject merchandise at less than normal value and LS Metal had no 
shipments. We invite interested parties to comment on these preliminary 
results.

DATES: Effective December 30, 2016.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-2316.

SUPPLEMENTARY INFORMATION:

Background

    On February 9, 2016, the Department published a notice of 
initiation of this review.\1\ On January 27, 2016, the Department 
exercised its discretion to toll all administrative deadlines by four

[[Page 96436]]

business days.\2\ On May 3, 2016 and December 13, 2016, the Department 
extended the deadline for the preliminary results to December 20, 
2016.\3\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics included in the Preliminary Decision Memorandum is 
included as Appendix I.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 6832 (February 9, 2016).
    \2\ See the Department's January 27, 2016 memorandum, ``Tolling 
of Administrative Deadlines as a Result of the Government Closure 
during Snowstorm `Jonas.' ''
    \3\ See the Department's August 15, 2016 memorandum, ``Certain 
Welded ASTM A-312 Stainless Steel Pipe from the Republic of Korea: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review;'' see also, the Department's December 13, 
2016 memorandum, ``Certain Welded ASTM A-312 Stainless Steel Pipe 
from the Republic of Korea: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review.''
    \4\ See ``Decision Memorandum for the Preliminary Results of the 
Antidumping Duty Administrative Review: Welded ASTM A-312 Stainless 
Steel Pipe from the Republic of Korea; 2014-2015,'' dated 
concurrently with this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by this order are shipments of welded 
austenitic stainless steel pipe (WSSP) from Korea that meets the 
standards and specifications set forth by the American Society for 
Testing and Materials (ASTM) for the welded form of chromium-nickel 
pipe designated ASTM A-312. Imports of these products are currently 
classifiable under the following United States Harmonized Tariff 
Schedule (HTSUS) subheadings: 7306.40.5005, 7306.40.5015, 7306.40.5040, 
7306.40.5065, and 7306.40.5085.\5\
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    \5\ For a full description of the scope of the Order, see 
Preliminary Decision Memorandum.
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Preliminary Determination of No Shipments

    LS Metal, in its questionnaire response, claimed that it made no 
sales or shipments of subject merchandise during the POR. We issued a 
no shipments inquiry to, and received no contradictory information 
from, U.S. Customs and Border Protection (CBP). As there is no record 
information contrary to LS Metal's claim, we preliminarily determine 
that LS Metal had no shipments of the subject merchandise and, 
therefore, no reviewable transactions during the POR. The Department 
intends to complete the review with respect to LS Metal and will issue 
appropriate instructions to CBP based on the final results of this 
review. See the Preliminary Decision Memorandum for further discussion 
of this issue.

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 prices or export prices 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 these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as an appendix 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). ACCESS is available to registered users at 
https://access.trade.gov, and is available to all parties in the 
Central Records Unit, room B8024 of the Department's main building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
weighted-average dumping margin for the POR is as follows:

------------------------------------------------------------------------
                                                                Margin
                  Producer and/or exporter                    (percent)
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SeAH Steel Corporation.....................................         1.91
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Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. For any individually examined respondents whose 
weighted-average dumping margin is above de minimis, we will calculate 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of dumping calculated for the importer's examined 
sales to the total entered value of those same sales in accordance with 
19 CFR 351.212(b)(1).\6\ 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 is 
above de minimis (i.e., 0.50 percent). Where either the respondent's 
weighted-average dumping margin is zero or de minimis, 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. 
The final results of this review shall be the basis for the assessment 
of antidumping duties on entries of merchandise covered by the final 
results of this review where applicable.
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    \6\ 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).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\7\ This clarification applies to entries of subject 
merchandise during the POR produced by a respondent for which it 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 or 
companies involved in the transaction.
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    \7\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

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 subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the 
companies under review will be equal to the weighted-average dumping 
margin established in the final results of this review except if that 
rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which 
case the cash deposit rate will be zero; (2) for merchandise exported 
by manufacturers 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 
recently completed segment of this proceeding in which the 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, then the cash deposit rate will be the

[[Page 96437]]

rate established for the most recently completed segment of this 
proceeding for the manufacturer of the merchandise; and (4) if neither 
the exporter nor the manufacturer is a firm covered in this or any 
previously completed segment of this proceeding, then the cash deposit 
rate will be the ``all-others'' rate of 7.00 percent established in the 
Amended Final Determination and Order.\8\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \8\ See Notice of Amended Final Determination and Antidumping 
Duty Order: Certain Welded Stainless Steel Pipe from the Republic of 
Korea, 60 FR 10064 (February 23, 1995) (Amended Final Determination 
and Order).
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Disclosure and Public Comment

    The Department intends to disclose the calculations performed in 
connection with these preliminary results within five days after the 
date of publication of this notice in accordance with 19 CFR 
351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the publication date of this notice.\9\ Rebuttal briefs, limited 
to issues raised in the case briefs, may be filed not later than five 
days after the date for filing case briefs.\10\ Parties who submit case 
briefs or rebuttal briefs are requested to submit with each argument: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\11\ Executive summaries should be limited 
to five pages total, including footnotes.\12\ All briefs must be filed 
electronically via ACCESS.\13\ An electronically filed document must be 
received successfully in its entirety by ACCESS, by 5:00 p.m. Eastern 
Time on the on which it is due.\14\
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    \9\ See 19 CFR 351.303 (for general filing requirements).
    \10\ See 19 CFR 351.309(c) and (d).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ Id.
    \13\ See 19 CFR 351.303.
    \14\ See 19 CFR 351.303(b)(1).
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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 within 30 days of the 
publication date of this notice, filed electronically via ACCESS. 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues 
parties intend to discuss. Issues raised in the hearing will be limited 
to those raised in the respective case and rebuttal briefs. If a 
request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a date and time to be 
determined.\15\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \15\ See 19 CFR 351.310(d).
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    We intend to issue the final results of this review within 120 days 
after the date of publication of this notice, unless otherwise 
extended.\16\
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    \16\ See section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).
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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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification to Interested Parties

    These preliminary results of this review are issued and published 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 
CFR 351.213(h).

     Dated: December 20, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. No Shipments
V. Discussion of Methodology
    A. Comparisons to Normal Value
    B. Date of Sale
    C. Product Comparisons
    D. Constructed Export Price
    E. Normal Value
    F. Cost of Production Analysis
    G. Calculation of Normal Value Based on Comparison Market Prices
    H. Currency Conversion
VI. Recommendation

[FR Doc. 2016-31728 Filed 12-29-16; 8:45 am]
 BILLING CODE 3510-DS-P