[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2719-2721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00642]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-809]
Circular Welded Non-Alloy Steel Pipe From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on circular welded
non-alloy steel pipe (CWP) from the Republic of Korea (Korea). The
period of review (POR) is November 1, 2017 through October 31, 2018.
Commerce preliminarily determines that the producers/exporters subject
to this review made sales of subject merchandise at less than normal
value. We invite interested parties to comment on these preliminary
results.
DATES: Applicable January 16, 2020.
FOR FURTHER INFORMATION CONTACT: Jerry Huang or Justin Neuman, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4047 or (202) 482-0486,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2019, Commerce initiated the administrative review
of the antidumping duty order on CWP from Korea in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).\1\ This
review covers 25 companies,\2\ including mandatory respondents Husteel
Co., Ltd. (Husteel) and Nexteel Co., Ltd. (Nexteel).\3\ The remaining
23 companies were not selected for individual examination and remain
subject to this administrative review. 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, resulting in a revised deadline for
these preliminary results.\4\ Additionally, Commerce extended the
deadline for the preliminary results until January 9, 2020.\5\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019).
\2\ Id. at 2161-2162.
\3\ 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, ``Antidumping
Duty Administrative Review: Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea, Respondent Selection Memorandum'', dated
March 25, 2019.
\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.
\5\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from
Republic of Korea: Extension of Deadline for Preliminary Results of
2017-2018 Antidumping Administrative Review,'' dated August 27,
2019.
---------------------------------------------------------------------------
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
[[Page 2720]]
contained in the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ For a full description of the scope of the order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Circular Welded Non-Alloy
Steel Pipe from the Republic of Korea: 2017-2018,'' dated
concurrently with, and hereby adopted by this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of the topics included in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is made available to the public 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 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 is
available at http://enforcement.trade.gov/frn/. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content.
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
individual 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 Husteel and Nexteel that are not zero, de minimis,
or determined entirely on the basis of facts available. Accordingly, we
have preliminarily assigned to the companies not individually examined
in this review a margin of 23.74 percent, which is the weighted-average
of the antidumping duty margins calculated using the public ranged
sales data of Husteel and Nexteel.\7\
---------------------------------------------------------------------------
\7\ For a full description of the rate for non-examined
companies, see Preliminary Decision Memorandum; see also Memorandum,
``Circular Welded Non-Alloy Steel Pipe from the Republic of Korea:
Calculation of the Margin for Respondents Not Selected for
Individual Examination,'' dated January 9, 2020.
---------------------------------------------------------------------------
Preliminary Results of the Administrative Review
We preliminarily determine that the following weighted-average
dumping margins exist for the respondents for the period November 1,
2017 through October 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Aju Besteel................................................. 23.74
Bookook Steel............................................... 23.74
Chang Won Bending........................................... 23.74
Dae Ryung................................................... 23.74
Daewoo Shipbuilding & Marine Engineering (Dsme)............. 23.74
Daiduck Piping.............................................. 23.74
Dong Yang Steel Pipe........................................ 23.74
Dongbu Steel................................................ 23.74
Eew Korea Company........................................... 23.74
Histeel..................................................... 23.74
Husteel Co., Ltd............................................ 5.11
Hyundai Rb.................................................. 23.74
Hyundai Steel (Pipe Division)............................... 23.74
Hyundai Steel Company....................................... 23.74
Kiduck Industries........................................... 23.74
Kum Kang Kind............................................... 23.74
Kumsoo Connecting........................................... 23.74
Miju Steel Manufacturing.................................... 23.74
Nexteel Co., Ltd............................................ 31.64
Samkang M&T................................................. 23.74
Seah Fs..................................................... 23.74
Seah Steel.................................................. 23.74
Steel Flower................................................ 23.74
Vesta Co., Ltd.............................................. 23.74
Yep Co...................................................... 23.74
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to the parties within five days after public
announcement of the preliminary results in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs not later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\8\ 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.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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 the Department's electronic records system, ACCESS,
by 5:00 p.m. Eastern Time within 30 days after 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 to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case briefs. Commerce will
issue the final results of this administrative review, including the
results of its analysis of the issues raised in any written briefs, not
later than 120 days after the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. If Husteel or Nexteel's weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent) in the final results
of this review, we will calculate importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for the importer's examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1). We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is not
zero or de minimis. If a respondent's weighted-average dumping margin
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. 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\
---------------------------------------------------------------------------
\11\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Husteel
or Nexteel for which it did not know that the
[[Page 2721]]
merchandise was destined to the United States, we will instruct CBP to
liquidate those entries at the all-others rate if there is no rate for
the intermediate company(ies) involved in the transaction.\12\
---------------------------------------------------------------------------
\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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 upon
publication of the notice of final results of this review for all
shipments of CWP from Korea 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 companies subject
to this review will be the rates established in the final results of
the 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 recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation but the producer is, then the cash deposit rate will be
the rate established for the most recent period for the producer of the
merchandise; (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 less-than-fair-value investigation, adjusted for the
export-subsidy rate in the companion countervailing duty investigation.
---------------------------------------------------------------------------
\13\ See 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).
---------------------------------------------------------------------------
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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.
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).
Dated: January 9, 2020.
Jeffrey I. Kessler,
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. Rates for Respondents Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Export Price and Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2020-00642 Filed 1-15-20; 8:45 am]
BILLING CODE 3510-DS-P