[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26401-26403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11865]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Final Results of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Husteel
Co., Ltd. (Husteel) and Hyundai Steel Company (Hyundai), producers/
exporters of circular welded non-alloy steel pipe (CWP) from the
Republic of Korea (Korea), sold subject merchandise in the United
States at prices below normal value (NV) during the period of review
(POR) November 1, 2016, through October 31, 2017.
DATES: Applicable June 6, 2019.
FOR FURTHER INFORMATION CONTACT: Dana Mermelstein and Nicholas
Czajkowski, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-1391
and (202) 482-1395, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 3, 2018, Commerce published the Preliminary Results of
the administrative review.\1\ We invited
[[Page 26402]]
interested parties to comment on the Preliminary Results and received
case and rebuttal briefs from interested parties.\2\ At the request of
Husteel and Hyundai, Commerce held a public hearing on the Preliminary
Results on February 26, 2019.\3\
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\1\ See Circular Welded Non-Alloy Steel Pipe from the Republic
of Korea: Preliminary Results of Antidumping Duty Administrative
Review; 2016-2017, 83 FR 63619 (December 11, 2018) (Preliminary
Results).
\2\ See Letter from Husteel, ``Certain Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea, 11/1/2016-12/31/2017
Administrative Review, Case No. A-580-809: Case Brief,'' dated
February 19, 2019; Letter from Hyundai, ``Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: Case Brief,'' dated February
19, 2019; Letter from SeAH, ``Administrative Review of the
Antidumping Order on Circular Welded Non-Alloy Steel Pipe from
Korea--Case Brief of SeAH Steel Corporation,'' dated February 19,
2019; Letter from Wheatland Tube, ``Circular Welded Non-Alloy Steel
Pipe From the Republic of Korea: Rebuttal Brief of Wheatland Tube
Company,'' dated February 25, 2019.
\3\ See Letter from Commerce, ``Administrative Review of
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Hearing Schedule,'' dated February 22, 2019, regarding hearing
schedule; see also Hearing Transcript, dated March 19, 2019.
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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 29, 2019.\4\ On May 13, 2019,
we extended the deadline for the final results.\5\ The revised deadline
for the final results is now May 30, 2019.
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\4\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
affected by the partial federal government closure have been
extended by 40 days.
\5\ See Memorandum, ``Antidumping Duty Administrative Review of
Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Extension of Deadline for Final Results of 2016-2017 Antidumping
Duty Administrative Review,'' dated May 13, 2019.
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These final results cover 25 companies. Based on an analysis of the
comments received, we have made changes to the weighted-average dumping
margins determined for the respondents. The weighted-average dumping
margins are listed in the ``Final Results of Review'' section, below.
Commerce conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order is circular welded non-alloy
steel pipe and tube. Imports of the product are currently classifiable
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 7306.30.1000, 7306.30.5025, 7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and 7306.30.5090. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description is dispositive. A full description of the scope of
the order is contained in the Issues and Decision Memorandum.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2016-2017 Administrative Review of the
Antidumping Order on Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea,'' dated concurrently with and hereby adopted by
this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. The issues are identified at
the Appendix to this notice. The Issues and 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 main Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the
electronic version of the Issues and Decision Memorandum are identical
in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we made certain changes
to the margin calculations for Husteel and Hyundai. For a discussion of
these changes, see the ``Margin Calculations'' section of the Issues
and Decision Memorandum.
Rate 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 review 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} .''
For these final results, we calculated a weighted-average dumping
margin that is not zero, de minimis, or determined entirely on the
basis of facts available for Husteel and Hyundai. Accordingly, Commerce
has assigned to the companies not individually examined the average of
Husteel and Hyundai's calculated weighted-average dumping margins for
these final results.\7\
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\7\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from
the Republic of Korea: Calculation of the Final Margin for
Respondents Not Selected for Individual Examination,'' dated
concurrently with and hereby adopted by this notice.
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Final Results of the Administrative Review
We determine that the following weighted-average dumping margins
exist for the period November 1, 2016, through October 31, 2017.
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Weighted-
average
Producer/exporter dumping margin
(percent)
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Aju Besteel............................................. 9.53
Bookook Steel........................................... 9.53
Chang Won Bending....................................... 9.53
Dae Ryung............................................... 9.53
Daewoo Shipbuilding & Marine Engineering (Dsme)......... 9.53
Daiduck Piping.......................................... 9.53
Dong Yang Steel Pipe.................................... 9.53
Dongbu Steel............................................ 9.53
Eew Korea Company....................................... 9.53
Histeel................................................. 9.53
Husteel................................................. 10.91
Hyundai Rb.............................................. 9.53
Hyundai Steel (Pipe Divison)............................ 9.53
Hyundai Steel Company................................... 8.14
Kiduck Industries....................................... 9.53
Kum Kang Kind........................................... 9.53
Kumsoo Connecting....................................... 9.53
Miju Steel Mfg.......................................... 9.53
Nexteel................................................. 9.53
Samkang M&T............................................. 9.53
Seah Fs................................................. 9.53
Seah Steel.............................................. 9.53
Steel Flower............................................ 9.53
Vesta Co., Ltd.......................................... 9.53
Ycp Co.................................................. 9.53
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the
[[Page 26403]]
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Commerce intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this administrative review in the Federal Register.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\8\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer- (or customer-) specific assessment rates based on
the resulting per-unit rates.\9\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\10\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\11\
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\8\ See 19 CFR 351.212(b)(1).
\9\ Id.
\10\ Id.
\11\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rates for Non-Examined Companies'' section, above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by Husteel, Hyundai, or the
non-examined companies for which the producer did not know that its
merchandise was destined for the United States, 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.\12\
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\12\ For a full discussion of this practice, 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 for all
shipments of 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 for by section 751(a)(2)(C)
of the Act: (1) The cash deposit rates for the companies listed in
these final results will be equal to the weighted-average dumping
margins established in the final results of this review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of this proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment in which the company was
reviewed; (3) if the exporter is not a firm covered in this review or
the original less-than-fair-value (LTFV) 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 subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 4.80 percent,\13\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\13\ See Circular Welded Non-Alloy Steel Pipe From Korea: Notice
of Final Court Decision and Amended Final Determination, 60 FR 55833
(November 3, 1995); see also Notice of Antidumping Duty Orders:
Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the
Republic of Korea (Korea), Mexico, and Venezuela, and Amendment to
Final Determination of Sales at Less Than Fair Value: Certain
Circular Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453
(November 2, 1992).
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Notification to Importers
This notice serves as a final 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 Regarding Administrative Protective
Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: May 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculation
V. Rate for Non-Examined Companies
VI. Discussion of the Issues
Comment 1: Particular Market Situation
Comment 2: Differential Pricing
VII. Recommendation
[FR Doc. 2019-11865 Filed 6-5-19; 8:45 am]
BILLING CODE 3510-DS-P