[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Notices]
[Pages 18767-18769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08950]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-897]


Large Diameter Welded Pipe From the Republic of Korea: Amended 
Final Affirmative Antidumping Determination and Antidumping Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing an antidumping duty order on large diameter welded 
carbon and alloy steel line and structural pipe from the Republic of 
Korea (Korea). In addition, Commerce is amending its final affirmative 
determination.

DATES:  Applicable May 2, 2019.

FOR FURTHER INFORMATION CONTACT:  Sergio Balbontin at (202) 482-6478 or 
Janae Martin at (202) 482-0238, AD/CVD Operations, Enforcement and 
Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On February 27, 2019, Commerce published its affirmative final 
determination in the less-than-fair-value (LTFV) investigation of large 
diameter welded pipe from Korea.\1\ The scope of the investigation in 
Commerce's final determination covered large diameter welded carbon and 
alloy steel line pipe (welded line pipe), large diameter welded carbon 
and alloy steel structural pipe (welded structural pipe), and stainless 
steel large diameter welded pipe (stainless steel pipe) from Korea.\2\ 
As discussed below, the ITC subsequently found three domestic like 
products covered by the scope of the investigation (welded line pipe, 
welded structural pipe, and stainless steel pipe) and, accordingly, 
made a separate injury determination with respect to each domestic like 
product. On April 15, 2019, the ITC notified Commerce of its final 
determination, pursuant to 735(d) of the Tariff Act of 1930, as amended 
(the Act), that an industry in the United States is materially injured 
within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of 
LTFV imports of welded line pipe and welded structural pipe from 
Korea.\3\ Additionally, the ITC made a negative determination of 
material injury or threat of material injury with respect to stainless 
steel pipe.\4\ Commerce released draft revised scope language for 
comment by parties.\5\ No party objected to the revised scope language 
in this proceeding.
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    \1\ See Large Diameter Welded Pipe from the Republic of Korea: 
Final Determination of Sales at Less Than Fair Value, 84 FR 6374 
(February 27, 2019) (Final Determination).
    \2\ Id.
    \3\ See ITC Notification Letter regarding ITC Investigation Nos. 
701-TA-595-596 and 731-TA-1401, 1403, 1405-1406, dated April 15, 
2019 (ITC Notification); see also Large Diameter Welded Pipe from 
Canada, Greece, Korea, and Turkey; Determinations, 84 FR 16533 
(April 19, 2019) (ITC Final Determination); and Large Diameter 
Welded Pipe from Canada, Greece, Korea, and Turkey, Investigation 
Nos. 701-TA-595-596 and 731-TA-1401, 1403, 1405-1406 (Final), 
Publication 4883, April 2019 (Final ITC Report).
    \4\ See ITC Notification.
    \5\ See Memorandum, ``Comments on the Scope of the Orders,'' 
dated April 5, 2019.
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Scope of the Order

    The products covered by this order are welded line pipe and welded 
structural pipe from Korea. For a complete description of the scope of 
this order, see the Appendix to this notice.

Amended Final Determination

    A ministerial error is defined as an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Secretary considers 
ministerial.\6\
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    \6\ See section 735(e) of the Act and 19 CFR 351.224(f).
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    Pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and 
(f), Commerce is amending the Final Determination to reflect the 
correction of certain ministerial errors in the final estimated 
weighted average dumping margin calculated for SeAH Steel Corporation 
(SeAH). In addition, because SeAH's estimated weighted average dumping 
margin is the basis for the estimated weighted average dumping margin 
determined for all other Korean producers and exporters of subject 
merchandise, we also are revising the ``all-others'' rate in the Final 
Determination.\7\ The amended estimated weighted average dumping 
margins are listed in the Suspension of Liquidation section below.
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    \7\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Large Diameter Welded Pipe from Korea: Ministerial Error Allegations 
in the Final Determination,'' dated March 22, 2019.

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[[Page 18768]]

Antidumping Duty Order

    On April 15, 2019, in accordance with sections 735(b)(1)(A)(i) and 
735(d) of the Act, the ITC notified Commerce of its final determination 
in this investigation, in which it found that imports of welded line 
pipe and welded structural pipe from Korea are materially injuring a 
U.S. industry.\8\ As a result, and in accordance with sections 
735(c)(2) and 736 of the Act, we are publishing this antidumping duty 
order. As noted above, in its determination, the ITC found three 
domestic like products covered by the scope of the investigation: 
Welded line pipe, welded structural pipe, and stainless steel pipe. The 
ITC made a negative determination with respect to stainless steel pipe 
from Korea. The ITC made an affirmative determination with respect to 
welded line pipe and welded structural pipe from Korea. Because the ITC 
made distinct and different injury determinations for separate domestic 
like products, Commerce will instruct U.S. Customs and Border 
Protection (CBP) to assess antidumping duties on entries of welded line 
pipe and welded structural pipe (subject merchandise) from Korea, and 
not on entries of stainless steel pipe (excluded merchandise) from 
Korea.
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    \8\ See ITC Notification; and ITC Final Determination.
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Welded Line Pipe

    The Final ITC Report describes welded line pipe as a tubular 
product produced from carbon and alloy steel, produced to American 
Petroleum Institute (API) 5L specifications, and designed for conveying 
liquids and gases.\9\ Because the ITC determined that LTFV imports of 
welded line pipe from Korea are materially injuring a U.S. 
industry,\10\ all unliquidated entries of subject merchandise from 
Korea, entered or withdrawn from warehouse, are subject to the 
assessment of antidumping duties, as described below.
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    \9\ See Final ITC Report at 7.
    \10\ Id. at 1 and 5.
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    As a result of the ITC Final Determination, in accordance with 
section 736(a) of the Act, Commerce will direct CBP to assess, upon 
further instruction by Commerce, antidumping duties equal to the amount 
by which the normal value of the merchandise exceeds the export price 
(or constructed export price) of the merchandise for all relevant 
entries of welded line pipe from Korea. Antidumping duties will be 
assessed on unliquidated entries of welded line pipe from Korea 
entered, or withdrawn from warehouse, for consumption on or after 
August 27, 2018, the date of publication of the Preliminary 
Determination,\11\ but will not be assessed on entries occurring after 
the expiration of the provisional measures period, beginning on 
February 23, 2019, in accordance with section 733(d) of the Act, until 
the date of publication of the ITC Final Determination in the Federal 
Register.
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    \11\ See Large Diameter Welded Pipe from the Republic of Korea: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 83 FR 43651 (August 27, 2018) 
(Preliminary Determination).
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Welded Structural Pipe

    The Final ITC Report describes welded structural pipe as a tubular 
product produced from carbon and alloy steel, produced to American 
Society for Testing and Materials (ASTM) specifications, and designed 
for support in construction projects and piling.\12\ Because the ITC 
determined that LTFV imports of welded structural pipe from Korea are 
materially injuring a U.S. industry,\13\ all unliquidated entries of 
subject merchandise from Korea, entered or withdrawn from warehouse, 
are subject to the assessment of antidumping duties, as described 
below.
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    \12\ See Final ITC Report at 7.
    \13\ Id. at 1 and 5.
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    As a result of the ITC Final Determination, in accordance with 
section 736(a) of the Act, Commerce will direct CBP to assess, upon 
further instruction by Commerce, antidumping duties for all relevant 
entries of welded structural pipe from Korea. Antidumping duties will 
be assessed on unliquidated entries of welded structural pipe from 
Korea entered, or withdrawn from warehouse, for consumption on or after 
August 27, 2018, the date of publication of the Preliminary 
Determination,\14\ but will not be assessed on entries occurring after 
the expiration of the provisional measures period, beginning on 
February 23, 2019, in accordance with section 733(d) of the Act, until 
the date of publication of the ITC Final Determination in the Federal 
Register.
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    \14\ See Preliminary Determination.
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Stainless Steel Pipe

    The Final ITC Report describes stainless steel pipe as being 
produced from stainless steel for its high-chrome chemistry and 
corrosion-resistant properties.\15\ Because the ITC made a negative 
determination of material injury or threat of material injury by reason 
of LTFV imports of stainless steel pipe from Korea,\16\ Commerce will 
direct CBP to terminate the suspension of liquidation for entries of 
stainless steel pipe from Korea entered, or withdrawn from warehouse, 
and to refund all cash deposits with respect to these entries pursuant 
to section 735(c)(2) of the Act.
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    \15\ See Final ITC Report at 7.
    \16\ Id. at 1-2 and 5.
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Suspension of Liquidation

    In accordance with section 736 of the Act, Commerce will direct CBP 
to reinstitute the suspension of liquidation of subject merchandise 
(i.e., welded line pipe and welded structural pipe) from Korea, 
effective the date of publication of the ITC Final Determination in the 
Federal Register, and to assess, upon further instruction by Commerce 
pursuant to section 736(a)(1) of the Act, antidumping duties for each 
entry of the subject merchandise equal to the amount by which the 
normal value of the merchandise exceeds the export price (or 
constructed export price) of the merchandise. We intend to instruct CBP 
to require, at the same time as importers would normally deposit 
estimated import duties on this merchandise, cash deposits for each 
entry of subject merchandise equal to the rates noted below. These 
instructions suspending liquidation will remain in effect until further 
notice. For the purpose of determining cash deposit rates, the 
estimated weighted average dumping margins for imports of subject 
merchandise from Korea have been adjusted, as appropriate, for export 
subsidies found in the final determination of the companion 
countervailing duty investigation of this merchandise imported from 
Korea. The all-others rate applies to all other producers or exporters 
not specifically listed.

[[Page 18769]]



------------------------------------------------------------------------
                                                           Estimated
                                        Estimated      weighted- average
                                    weighted- average    dumping margin
              Company                 dumping margin      adjusted for
                                        (percent)      subsidy offset(s)
                                                         (percent) \17\
------------------------------------------------------------------------
Hyundai RB Co., Ltd...............              14.97              12.86
SeAH Steel Corporation............               6.87               4.76
Samkang M&T Co., Ltd..............              20.39              18.28
All Others........................               9.19               7.08
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Notifications to Interested Parties
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    \17\ See Final Determination and accompanying Issues and 
Decision Memorandum at 7.
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    This notice constitutes the antidumping duty order with respect to 
welded line pipe and welded structural pipe from Korea pursuant to 
section 736(a) of the Act. Interested parties can find a list of 
antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This amended final determination and order is published in 
accordance with sections 735(e) and 736(a) of the Act, and 19 CFR 
351.211(b) and 351.224(e) and (f).

    Dated: April 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The merchandise covered by this order is welded carbon and alloy 
steel pipe (other than stainless steel pipe), more than 406.4 mm (16 
inches) in nominal outside diameter (large diameter welded pipe), 
regardless of wall thickness, length, surface finish, grade, end 
finish, or stenciling. Large diameter welded pipe may be used to 
transport oil, gas, slurry, steam, or other fluids, liquids, or 
gases. It may also be used for structural purposes, including, but 
not limited to, piling. Specifically, not included is large diameter 
welded pipe produced only to specifications of the American Water 
Works Association (AWWA) for water and sewage pipe.
    Large diameter welded pipe used to transport oil, gas, or 
natural gas liquids is normally produced to the American Petroleum 
Institute (API) specification 5L. Large diameter welded pipe may 
also be produced to American Society for Testing and Materials 
(ASTM) standards A500, A252, or A53, or other relevant domestic 
specifications, grades and/or standards. Large diameter welded pipe 
can be produced to comparable foreign specifications, grades and/or 
standards or to proprietary specifications, grades and/or standards, 
or can be non-graded material. All pipe meeting the physical 
description set forth above is covered by the scope of this order, 
whether or not produced according to a particular standard.
    Subject merchandise also includes large diameter welded pipe 
that has been further processed in a third country, including but 
not limited to coating, painting, notching, beveling, cutting, 
punching, welding, or any other processing that would not otherwise 
remove the merchandise from the scope of the order if performed in 
the country of manufacture of the in-scope large diameter welded 
pipe.
    Excluded from the scope are any products covered by the existing 
antidumping duty order on welded line pipe from the Republic of 
Korea. See Welded Line Pipe from the Republic of Korea and the 
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056 (December 
1, 2015).
    The large diameter welded pipe that is subject to this 
investigation is currently classifiable in the Harmonized Tariff 
Schedule of the United States (HTSUS) under subheadings 
7305.11.1030, 7305.11.1060, 7305.11.5000, 7305.12.1030, 
7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060, 
7305.19.5000, 7305.31.4000, 7305.31.6090, 7305.39.1000 and 
7305.39.5000. While the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of this order is dispositive.

[FR Doc. 2019-08950 Filed 5-1-19; 8:45 am]
 BILLING CODE 3510-DS-P