[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51442-51444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22128]


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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; 2016-
2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that NEXTEEL Co., Ltd. (NEXTEEL) and SeAH Steel Corporation (SeAH) sold 
certain oil country tubular goods (OCTG) from the Republic of Korea 
(Korea) in the United States at prices below normal value during the 
period of review (POR) September 1, 2016, through August 31, 2017. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable: October 11, 2018.

FOR FURTHER INFORMATION CONTACT: Mike Heaney or Erin Kearney, 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) 482-4475 or (202) 482-0167, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    We published the initiation of this administrative review on 
November 13, 2017.\1\ We selected NEXTEEL and SeAH as the two mandatory 
respondents in this review. 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, 82 FR 52268 (November 13, 2017).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2016-2017 Administrative Review of the Antidumping 
Duty Order on Certain Oil Country Tubular Goods from the Republic of 
Korea,'' dated October 3, 2018 (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 https://access.trade.gov/login.aspx and is available to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at https://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 version 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

    Commerce 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

[[Page 51443]]

conclusions, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    Among the companies under review, Samsung, Samsung C and 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\ On September 20, 2018, we issued no-shipment inquiries to 
CBP to confirm the claims of no shipments by Samsung C&T and SeAH 
Besteel, and on October 1, 2018, we issued a no-shipment inquiry to CBP 
to confirm Samsung's claim of no shipments. We have not yet received 
CBP's response to all of our inquiries. Therefore, based on the claims 
of no shipments by Samsung, Samsung C&T, and SeAH Besteel, and because 
the record currently contains no information to the contrary, we 
preliminarily determine that Samsung, Samsung C&T, and SeAH Besteel had 
no shipments of subject merchandise. However, we intend to consider 
information received from CBP in response to our no-shipment inquiries 
for the final results of this review. Moreover, consistent with our 
practice, we are not preliminarily rescinding the review with respect 
to Samsung, Samsung C&T, and SeAH Besteel, but, rather, we will 
complete the review with respect to these companies and issue 
appropriate instructions to CBP based on the final results of this 
review.\4\
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    \3\ See Letter from Samsung C&T, ``Oil Country Tubular Goods 
from Korea: Notice of No Sales,'' dated December 4, 2017 and Letter 
from SeAH Besteel, ``Administrative Review of the Antidumping Order 
on Oil Country Tubular Goods from Korea for the 2016-17 Review 
Period--No Shipments Letter,'' dated December 13, 2017.
    \4\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
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Rates for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
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, 
Commerce preliminarily has assigned to the companies not individually 
examined (see Appendix 2 for a full list of these companies) a margin 
of 35.25 percent, which is the weighted average of NEXTEEL's and SeAH's 
calculated weighted-average dumping margins.\5\
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    \5\ For more information regarding the calculation of this 
margin, see Memorandum, ``Preliminary Results of the 2016-2017 
Administrative Review of Certain Oil Country Tubular Goods from the 
Republic of Korea; Calculation of the Margin for Non-Examined 
Companies,'' dated October 3, 2018. 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

    Commerce preliminarily determines that, for the period September 1, 
2016 through August 31, 2017, the following weighted-average dumping 
margins exist:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
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NEXTEEL Co., Ltd........................................           47.62
SeAH Steel Corporation..................................           19.40
Non-examined companies..................................           35.25
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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.\6\ 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.\7\ Case and rebuttal 
briefs should be filed using ACCESS \8\ and must be served on 
interested parties.\9\ Executive summaries should be limited to five 
pages total, including footnotes.
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    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See generally 19 CFR 351.303.
    \9\ 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 
Commerce'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.\10\ 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, Commerce 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.\11\ Parties 
should confirm the date, time, and location of the hearing two days 
before the scheduled date.
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
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    Commerce 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.\12\
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    \12\ 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, Commerce 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-

[[Page 51444]]

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 respondent'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.'' \13\
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    \13\ 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.\14\
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    \14\ 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 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,\15\ 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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    \15\ 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 Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

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

    Dated: October 3, 2018.
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 I

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. Duty Reimbursement
8. Affiliation
9. Discussion of the Methodology
10. Currency Conversion
11. Recommendation

Appendix II

List of Companies Not Individually Examined

AJU Besteel Co., Ltd.
BDP International
Daewoo International Corporation
Daewoo America
Dong-A Steel Co. Ltd.
Dong Yang Steel Pipe
Dongbu Incheon Steel
DSEC
Erndtebruecker Eisenwerk and Company
Hansol Metal
Husteel Co., Ltd.
HYSCO
Hyundai RB
Hyundai Steel Co., Ltd.
Hyundai Steel Company \16\
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    \16\ On September 21, 2016, Commerce 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 Corporation is also known as Hyundai Steel Company 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. 2018-22128 Filed 10-10-18; 8:45 am]
 BILLING CODE 3510-DS-P