[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Notices]
[Pages 4046-4049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02327]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-876]
Welded Line Pipe From the Republic of Korea: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value (NV).
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable February 14, 2019.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Ross Belliveau,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4136 or (202)
482-4952, respectively.
Scope of the Order
The merchandise subject to the order is welded line pipe.\1\ The
product is currently classified under the following Harmonized Tariff
Schedule of the United States (HTSUS) item numbers: 7305.11.1030,
7305.11.1060, 7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000,
7305.19.1030, 7305.19.5000, 7306.19.1010, 7306.19.1050, 7306.19.5110,
and 7306.19.5150. Although the HTSUS numbers are provided for
convenience and for customs purposes, the written product description
remains dispositive.
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\1\ For a complete description of the Scope of the Order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2016-2017 Administrative Review of the Antidumping Duty Order on
Welded Line Pipe from Korea,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). On February 23,
2018, based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review on welded line
pipe from Korea.\2\ In August 2018, we extended the preliminary results
of this review to no later than January 3, 2019.\3\ Commerce exercised
its discretion to toll all deadlines affected by the partial federal
government closure from December 22, 2018, through the resumption of
operations on January 28, 2019.\4\ If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will
become the next business day. The revised deadline for the preliminary
results of this review is now February 12, 2019. For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 8058 (February 23, 2018) (Initiation
Notice).
\3\ See Memorandum, ``Welded Line Pipe from the Republic of
Korea: Extension of Deadline for Preliminary Results of 2016-2017
Antidumping Duty Administrative Review,'' dated August 9, 2018.
\4\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
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Export price and constructed export price are calculated in
accordance with section 772 of the Act. NV 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 on file
electronically 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
to all
[[Page 4047]]
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/. 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
the Appendix to this notice.
Preliminary Determination of No Shipments
Among the companies under review, HiSteel Co., Ltd. (HiSteel)
properly filed a statement that it no shipments of subject merchandise
to the United States during the POR.\5\ Based on its certification and
our analysis of U.S. Customs and Border Protection (CBP) information,
we preliminarily determine that HiSteel had no reviewable transactions
during the POR. Consistent with our practice, we are not preliminarily
rescinding the review with respect to HiSteel, but, rather, we will
complete the review for HiSteel and issue appropriate instructions to
CBP based on the final results of this review.\6\
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\5\ See Letter from HiSteel Co., Ltd., ``Administrative Review
of the Antidumping Order on Welded Line Pipe from Korea for the
2016-17 Review Period--No Shipments Letter,'' dated March 26, 2018.
\6\ 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 f
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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Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the period December 1,
2016, through November 30, 2017:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
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NEXTEEL Co., Ltd........................................ 59.09
SeAH Steel Corporation.................................. 26.47
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Review-Specific Average Rate Applicable to the Following Companies:
\7\
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\7\ This rate is based on the weighted-average of the margins
calculated for those companies selected for individual review using
the publicly-ranged U.S. quantities. Because we cannot apply our
normal methodology of calculating a weighted-average margin due to
requests to protect business proprietary information, we find this
rate to be the best proxy of the actual weighted-average margin
determined for the mandatory respondents. See Ball Bearings and
Parts Thereof from France, et al.: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010); see also Memorandum, ``Calculation of the
Review-Specific Average Rate for the Preliminary Results,'' dated
concurrently with this notice.
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Dumping margin
Exporter/producer (percent)
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AJU Besteel Co., Ltd.................................... 41.53
BDP International, Inc.................................. 41.53
Daewoo International Corporation........................ 41.53
Dongbu Incheon Steel Co................................. 41.53
Dongbu Steel Co., Ltd................................... 41.53
Dongkuk Steel Mill...................................... 41.53
Dong Yang Steel Pipe.................................... 41.53
EEW Korea Co., Ltd...................................... 41.53
Husteel Co., Ltd........................................ 41.53
Hyundai RB Co. Ltd...................................... 41.53
Hyundai Steel Company/Hyundai HYSCO..................... 41.53
Kelly Pipe Co., LLC..................................... 41.53
Keonwoo Metals Co., Ltd................................. 41.53
Kolon Global Corp....................................... 41.53
Korea Cast Iron Pipe Ind. Co., Ltd...................... 41.53
Kurvers Piping Italy S.R.L.............................. 41.53
MSTEEL Co., Ltd......................................... 41.53
Miju Steel MFG Co., Ltd................................. 41.53
Poongsan Valinox (Valtimet Division).................... 41.53
POSCO................................................... 41.53
POSCO Daewoo............................................ 41.53
R&R Trading Co. Ltd..................................... 41.53
Sam Kang M&T Co., Ltd................................... 41.53
Sin Sung Metal Co., Ltd................................. 41.53
SK Networks............................................. 41.53
Soon-Hong Trading Company............................... 41.53
Steel Flower Co., Ltd................................... 41.53
TGS Pipe................................................ 41.53
Tokyo Engineering Korea Ltd............................. 41.53
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[[Page 4048]]
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries.
Pursuant to 19 CFR 351.212(b)(1), where NEXTEEL Co., Ltd. (NEXTEEL)
reported the entered value of its U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. SeAH
Steel Corporation (SeAH) did not report actual entered value for all of
its U.S. sales; in such instances, we calculated entered value in order
to determine the assessment rates. Where either the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \8\ of the cash
deposit rates calculated for NEXTEEL and SeAH. In accordance with
Commerce's practice, for entries of subject merchandise during the POR
for which HiSteel did not know that the merchandise was destined for
the United States, we will instruct CBP to liquidate such entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. 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 and
for future deposits of estimated duties, where applicable.\9\
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\8\ This rate was calculated as discussed in footnote 7, above.
\9\ See section 751(a)(2)(C) of the Act.
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be that established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
investigated companies not participating in this review, the cash
deposit will continue to be the company-specific rate published for the
most recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this review,
or the original less-than-fair-value (LTFV) investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent segment for the manufacturer of the merchandise; and
(4) the cash deposit rate for all other manufacturers or exporters will
continue to be 4.38 percent, the all-others rate established in the
LTFV investigation.\10\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\10\ See Welded Line Pipe from the Republic of Korea and the
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056, 75057
(December 1, 2015).
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\11\ Interested
parties may submit case briefs not later than seven days after the date
on which the last verification report is issued in this proceeding.\12\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than five days after the time limit for filing case
briefs.\13\ 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.\14\ Case and rebuttal briefs should be filed using
ACCESS.\15\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303.
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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
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after
the date of publication of this notice.\16\ Hearing 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 issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing to be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\17\
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\16\ See 19 CFR 351.310(c).
\17\ Id.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication of these
preliminary results in the Federal Register, unless otherwise
extended.\18\
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\18\ See Section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 7, 2019.
Christian Marsh,
Deputy 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. Preliminary Determination of No Shipments
V. Affiliation
VI. Discussion of the Methodology
A. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing Analysis
B. Product Comparisons
C. Export Price and Constructed Export Price
D. Normal Value
1. Particular Market Situation
2. Home Market Viability and Selection of Comparison Market
3. Level of Trade
4. Cost of Production Analysis
5. Calculation of NV Based on CV
E. Currency Conversion
VII. Duty Absorption
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VIII. Recommendation
[FR Doc. 2019-02327 Filed 2-13-19; 8:45 am]
BILLING CODE 3510-DS-P