[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Pages 27762-27764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12605]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-876]


Welded Line Pipe From the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) finds that producers or 
exporters of welded line pipe from the Republic of Korea sold welded 
line pipe at less than normal value during the period of review (POR), 
December 1, 2016, through November 30, 2017.

DATES: Applicable June 14, 2019.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Joshua Tucker, 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) 
482-0244, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This review covers 32 producers or exporters. Commerce selected two 
companies, NEXTEEL Co., Ltd. (NEXTEEL) and SeAH Steel Corporation 
(SeAH), for individual examination. The producers or exporters not 
selected for individual examination are listed in the ``Final Results 
of the Review'' section of this notice.
    On February 14, 2019, Commerce published the Preliminary 
Results.\1\
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    \1\ See Welded Line Pipe from Korea: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2016-2017, 84 FR 4046 (February 14, 2019) 
(Preliminary Results).
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    On April 4, 2019, we received case briefs from NEXTEEL, SeAH, 
Husteel Co., Ltd., Hyundai Steel Company, and Maverick Tube Corporation 
(Maverick).\2\ On April 12, 2019, we received rebuttal briefs from 
SeAH, Maverick, and domestic producers California Steel Industries, TMK 
IPSCO, and Welspun Tubular LLC USA (collectively, ``Domestic Interested 
Parties).\3\
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    \2\ See NEXTEEL's Case Brief, ``Welded Line Pipe from the 
Republic of Korea: NEXTEEL's Case Brief,'' dated April 4, 2019; 
SeAH's Case Brief, ``Case Brief of SeAH Steel Corporation,'' dated 
April 4, 2019; Husteel's Case Brief, ``Welded Line Pipe from the 
Republic of Korea, 12/1/2016-11/30/2017 Administrative Review, Case 
No. A-580-876; Case Brief,'' dated April 4, 2019; Hyundai Steel's 
Case Brief, ``Welded Line Pipe from the Republic of Korea: Case 
Brief,'' dated April 4, 2019; and Maverick's Case Brief, ``Welded 
Line Pipe from the Republic of Korea: Case Brief of Maverick Tube 
Corporation,'' dated April 4, 2019.
    \3\ See SeAH's Rebuttal Brief, ``Rebuttal Brief of SeAH Steel 
Corporation,'' dated April 12, 2019; Maverick's Rebuttal Brief, 
``Welded Line Pipe from Korea: Rebuttal Brief of Maverick Tube 
Corporation,'' dated April 12, 2019 (Maverick Rebuttal Brief); and 
Domestic Interested Parties Rebuttal Brief, ``Welded Line Pipe from 
the Republic of Korea: Rebuttal Brief,'' dated April 12, 2019.
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Scope of the Order

    The merchandise subject to the order is welded line pipe.\4\ 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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    \4\ For a complete description of the scope of the order, see 
Preliminary Results and accompanying Preliminary Decision Memorandum 
(PDM).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in the 
Appendix to this notice and addressed in the IDM.\5\ Interested parties 
can find a complete discussion of these issues and the corresponding 
recommendations in this public memorandum, which 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 
ACCESS is also available to all interested parties in the Central 
Records Unit, Room B8024, of the main Department of Commerce building. 
In addition, a complete version of the IDM can be accessed directly at 
http://enforcement.trade.gov/frn/index.html. The signed IDM and the 
electronic version of the IDM are identical in content.
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    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2016-2017 Administrative Review of the 
Antidumping Duty Order on Welded Line Pipe from Korea'' (IDM), dated 
concurrently with, and hereby adopted by, this notice.
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average margins for NEXTEEL and 
SeAH.\6\
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    \6\ See IDM at 3.
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Duty Absorption

    In the Preliminary Results, we preliminarily found that antidumping 
duties were absorbed on all U.S. sales of subject merchandise that were 
exported by SeAH.\7\ However, because NEXTEEL did not sell merchandise 
to the United States through an affiliated importer, within the meaning 
of section 751(a)(4) of the Act, we did not make a preliminary duty 
absorption finding for NEXTEEL.\8\
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    \7\ See PDM at 26-27.
    \8\ Id.
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    We have received no further information regarding this issue for 
the final results. Therefore, for the final results, we continue to 
find that antidumping duties have been absorbed on all U.S. sales of 
subject merchandise that were exported by SeAH.

Determination of No Shipments

    As noted in the Preliminary Results, we received a no shipment 
claim from HiSteel Co., Ltd. (HiSteel) and preliminarily determined 
that HiSteel had no shipments during the POR.\9\ We received no 
comments from interested parties with respect to this claim. Therefore, 
because the record indicates that HiSteel had no entries of subject 
merchandise to the United States during the POR, we continue to find 
that HiSteel had no shipments during the POR.
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    \9\ See Preliminary Results, 84 FR at 4047.
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Final Results of the Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period December 1, 2016, through 
November 30, 2017:

[[Page 27763]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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NEXTEEL Co., Ltd............................................       38.87
SeAH Steel Corporation......................................       27.38
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    Review-Specific Average Rate Applicable to the Following Companies: 
\10\
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    \10\ 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, Germany, Italy, Japan, and the United 
Kingdom: 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.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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AJU Besteel Co., Ltd........................................       32.49
BDP International, Inc......................................       32.49
Daewoo International Corporation............................       32.49
Dongbu Incheon Steel Co.....................................       32.49
Dongbu Steel Co., Ltd.......................................       32.49
Dongkuk Steel Mill..........................................       32.49
Dong Yang Steel Pipe........................................       32.49
EEW Korea Co., Ltd..........................................       32.49
Husteel Co., Ltd............................................       32.49
Hyundai RB Co. Ltd..........................................       32.49
Hyundai Steel Company/Hyundai HYSCO.........................       32.49
Kelly Pipe Co., LLC.........................................       32.49
Keonwoo Metals Co., Ltd.....................................       32.49
Kolon Global Corp...........................................       32.49
Korea Cast Iron Pipe Ind. Co., Ltd..........................       32.49
Kurvers Piping Italy S.R.L..................................       32.49
MSTEEL Co., Ltd.............................................       32.49
Miju Steel MFG Co., Ltd.....................................       32.49
Poongsan Valinox (Valtimet Division)........................       32.49
POSCO.......................................................       32.49
POSCO Daewoo................................................       32.49
R&R Trading Co. Ltd.........................................       32.49
Sam Kang M&T Co., Ltd.......................................       32.49
Sin Sung Metal Co., Ltd.....................................       32.49
SK Networks.................................................       32.49
Soon-Hong Trading Company...................................       32.49
Steel Flower Co., Ltd.......................................       32.49
TGS Pipe....................................................       32.49
Tokyo Engineering Korea Ltd.................................       32.49
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Disclosure of Calculations

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this 
proceeding, 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)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    Pursuant to 19 CFR 351.212(b)(1), NEXTEEL reported the entered 
value of its U.S. sales such that 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 did not report 
actual entered value for all of its U.S. sales such that we calculated 
entered value and determined the importer-specific ad valorem 
assessment rates as described above for NEXTEEL. 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 
assessment 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 equal to each company's weighted-average 
dumping margin identified above. 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.\11\
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    \11\ 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 cash 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 equal to the weighted-average dumping 
margin that is 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 listed 
above, including the company for Commerce has determined had no 
shipments in these final results, 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 cash deposit rate established for the 
most recently completed segment for the producer of the subject 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 4.38 percent, the all-others rate 
established in the LTFV investigation.\12\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \12\ 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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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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice 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 return/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.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.


[[Page 27764]]


    Dated: June 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the IDM

I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
    General Issues:
    Comment 1: Lawfulness of Commerce's Interpretation of the 
Particular Market Situation (PMS) Provision
    Comment 2: Evidence of a PMS
    Comment 3: PMS Adjustment
    Comment 4: Source for Constructed Value (CV) Selling Expenses 
and Profit
    NEXTEEL-Specific Issues:
    Comment 5: NEXTEEL's Affiliation With POSCO
    Comment 6: Importer-Specific Assessment Rate for NEXTEEL/POSCO
    Comment 7: Major Input Analysis for NEXTEEL
    Comment 8: Non-Prime Costs for NEXTEEL
    Comment 9: Suspended Production Loss for NEXTEEL
    SeAH-Specific Issues:
    Comment 10: Canada as Comparison Market for SeAH
    Comment 11: Capping of Freight Revenue for SeAH
    Comment 12: Application of Quarterly Costs to SeAH
    Comment 13: Adjustment for General and Administrative (G&A) 
Expenses for SeAH's U.S. Affiliates
V. Recommendation

[FR Doc. 2019-12605 Filed 6-13-19; 8:45 am]
 BILLING CODE 3510-DS-P