[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Pages 46963-46965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21749]


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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; 2015-
2016

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 September 1, 2015 through August 31, 2016. 
This review covers 31 producers/exporters of the subject merchandise. 
The Department preliminarily determines that NEXTEEL Co., Ltd. 
(NEXTEEL) and SeAH Steel Corporation (SeAH), the two companies selected 
for individual examination, sold subject merchandise in the United 
States at prices below normal value during the POR. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable October 10, 2017.

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, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5075 or (202) 482-2657, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department initiated this administrative review on November 9, 
2016.\1\ We selected two mandatory respondents in this review, NEXTEEL 
and SeAH. For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum, 
dated concurrently with these preliminary results and hereby adopted by 
this notice.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 78778 (November 9, 2016).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Certain Oil 
Country Tubular Goods from the Republic of Korea; 2015-2016,'' dated 
October 2, 2017 (Preliminary Decision Memorandum).
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    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 to 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 accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached to this notice as Appendix 1. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

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 the full text of the 
scope of the order, see the Preliminary Decision Memorandum.

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.

Preliminary Determination of No Shipments

    Among the companies under review, Hyundai RB Co., Ltd. (Hyundai 
RB), Samsung, Samsung C&T Corporation (Samsung C&T), and SeAH Besteel 
Corporation (SeAH Besteel) properly filed certifications reporting that 
they had no exports, sales, or entries of subject merchandise to the 
United States during the POR.\3\ 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 Hyundai 
RB, Samsung, Samsung C&T, and SeAH Besteel had no shipments during the 
POR. For a full explanation of the Department's analysis, see the 
Preliminary Decision Memorandum.
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    \3\ See Letter from Hyundai RB, ``Oil Country Tubular Goods from 
the Republic of Korea: No Shipment Letter,'' dated December 9, 2016; 
Letter from Samsung and Samsung C&T, ``Oil Country Tubular Goods 
from the Republic of Korea: No Shipment Letter,'' dated December 9, 
2016; and Letter from SeAH Besteel, ``Administrative Review of the 
Antidumping Order on Oil Country Tubular Goods from Korea for the 
2015-16 Review Period--No Shipments Letter,'' dated December 7, 
2016.
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    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.

Rates for Non-Examined Companies

    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

[[Page 46964]]

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 17.98 percent, which is the weighted average of NEXTEEL's and SeAH's 
calculated weighted-average dumping margins.\4\
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    \4\ For more information regarding the calculation of this 
margin, see Memorandum, ``Calculation of the Margin for Non-Examined 
Companies,'' dated October 2, 2017. As the weighting factor, we 
relied on the publicly ranged sales data reported in NEXTEEL's and 
SeAH's quantity and value charts.
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Preliminary Results of Review

    The Department preliminarily determines that, for the period 
September 1, 2015 through August 31, 2016, the following weighted-
average dumping margins exist:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
NEXTEEL Co., Ltd...........................................        46.37
SeAH Steel Corporation.....................................         6.66
Non-examined companies.....................................        19.68
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Disclosure, Public Comment, and Opportunity To Request a Hearing

    We intend to disclose the calculations performed for these 
preliminary results of review to interested 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, the content of which is limited to 
issues raised in the case briefs, may be filed no later than five days 
after the date for filing 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\ Case and rebuttal 
briefs should be filed using ACCESS \7\ and must be served on 
interested parties.\8\ Executive summaries should be limited to five 
pages total, including footnotes.
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    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
    \7\ See generally 19 CFR 351.303.
    \8\ See 19 CFR 351.303(f).
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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 of the date of publication of this 
notice.\9\ 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, 1401 Constitution Avenue 
NW., Washington, DC 20230, at a date and time to be determined.\10\ 
Parties should confirm the date, time, and location of the hearing two 
days before the scheduled date.
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any case or rebuttal briefs, no later than 120 days 
after the date of publication of this notice, unless extended.\11\
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    \11\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates

    Upon completion of this 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, if the respondent reported 
reliable entered values, we will calculate importer-specific ad valorem 
assessment rates for the merchandise based on the ratio of the total 
amount of dumping calculated for the examined sales made to each 
importer and the total entered value of those same sales, in accordance 
with 19 CFR 351.212(b)(1). If the respondent has not reported reliable 
entered values, we will calculate a per-unit assessment rate for each 
importer by dividing the total amount of dumping calculated for the 
examined sales made to that importer by the total sales quantity 
associated with those transactions. 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.'' \12\
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    \12\ 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.\13\
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    \13\ 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 administrative 
review for all shipments of the subject merchandise 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 for the most 
recently completed segment of this proceeding in

[[Page 46965]]

which they were reviewed; (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 for the 
most recently completed segment of this proceeding for the producer of 
the merchandise; (4) the cash deposit rate for all other producers or 
exporters will continue to be 5.24 percent,\14\ 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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    \14\ 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)(1) of the Act.

    Dated: October 2, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, Performing the Non-Exclusive Functions and Duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix 1

List of Topics Discussed in the Preliminary Decision Memorandum

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

Appendix 2

List of Companies Not Individually Examined

BDP International
Daewoo America
Daewoo International Corporation
Dong-A Steel Co. Ltd.
Dong Yang Steel Pipe
Dongbu Incheon Steel
DSEC
Erndtebruecker Eisenwerk and Company
Hansol Metal
Husteel Co., Ltd.
Hyundai HYSCO
Hyundai Steel Company \15\
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    \15\ 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 Corporation 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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ILJIN Steel Corporation
Jim And Freight Co., Ltd.
Kia Steel Co. Ltd.
KSP Steel Company
Kukje Steel
Kurvers
POSCO Daewoo Corporation
POSCO Daewoo America
Steel Canada
Sumitomo Corporation
TGS Pipe
Yonghyun Base Materials
ZEECO Asia

[FR Doc. 2017-21749 Filed 10-6-17; 8:45 am]
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