[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Pages 71055-71057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24722]


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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; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) finds that the 
producers/exporters subject to this administrative review made sales of 
circular welded non-alloy steel pipe (CWP) from the Republic of Korea 
(Korea) at less than normal value (NV) during the period of review 
(POR), November 1, 2017 through October 31, 2018.

DATES: Applicable November 6, 2020.

FOR FURTHER INFORMATION CONTACT: Andre Gziryan, 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) 482-2201.

SUPPLEMENTARY INFORMATION:

Background

    This review covers 25 producers and/or exporters of the subject 
merchandise.\1\ Commerce selected two mandatory respondent for 
individual examination: Husteel Co., Ltd. (Husteel) and Nexteel Co., 
Ltd. (Nexteel). The producers/exporters which were not selected for 
individual examination are listed in Appendix II of this notice.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 2159 (February 6, 2019).
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    On January 16, 2020, Commerce published the Preliminary Results of 
this administrative review.\2\ We invited interested parties to comment 
on the Preliminary Results. Between February 28, 2020 and March 12, 
2020, Commerce received timely filed case and rebuttal briefs from 
various interested parties.\3\
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    \2\ See Circular Welded Non-Alloy Steel Pipe From the Republic 
of Korea: Preliminary Results of Antidumping Duty Administrative 
Review; 2017-2018, 85 FR 2719 (January 16, 2020) (Preliminary 
Results) and accompanying Preliminary Decision Memorandum (PDM).
    \3\ See Petitioner's Letter, ``Circular Welded Non-Alloy Steel 
Pipe From the Republic of Korea: Case Brief of Wheatland Tube.,'' 
dated February 28, 2020; Husteel's Letter, ``Circular Welded Non-
Alloy Steel Pipe from South Korea, Case No. A-580-809: Husteel Case 
Brief,'' dated February 28, 2020; Hyundai Steel's Letter, ``Circular 
Welded Non-Alloy Steel Pipe from the Republic of Korea: Case 
Brief,'' dated February 28, 2020; NEXTEEL's Letter, ``Circular 
Welded Non-Alloy Steel Pipe from the Republic of Korea: NEXTEEL's 
Case Brief,'' dated February 28, 2020; SeAH Letter, ``Administrative 
Review of the Antidumping Order on Circular Welded Non-Alloy Steel 
Pipe from Korea -- Case Brief of SeAH Steel Corporation,'' dated 
February 28, 2020; petitioner's Letter, ``Circular Welded Non-Alloy 
Steel Pipe From the Republic of Korea--Rebuttal Brief of Wheatland 
Tube and Nucor Tubular Products Inc.,'' dated March 12, 2020; 
Husteel's Letter, ``Circular Welded Non-Alloy Steel Pine from Korea. 
Case No. A-580-809: Husteel Rebuttal Brief,'' dated March 12, 2020; 
Hyundai Steel's Letter, ``Circular Welded Non-Alloy Steel Pipe from 
the Republic of Korea: Rebuttal Brief,'' dated March 12, 2020; and 
NEXTEEL's Letter, ``Circular Welded Non-Alloy Steel Pipe from the 
Republic of Korea: NEXTEEL's Rebuttal Brief,'' dated March 12, 2020.
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    April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\4\ On May 26, 2020, Commerce extended the deadline 
for issuing these final results until September 2, 2020.\5\ On July 21, 
2020, Commerce tolled all deadlines for all preliminary and final 
results in administrative reviews by 60 days, thereby extending the 
deadline for these final results until November 2, 2020.\6\ Commerce 
conducted this review in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (the Act).
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    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \5\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from 
the Republic of Korea: Extension of Deadline for Final Results of 
2017-2018 Antidumping Administrative Review,'' dated May 26, 2020.
    \6\ See Memorandum,'' Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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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. For a complete description of the 
scope of the order, see the Issues and Decision Memorandum.\7\
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    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2017-2018 Administrative Review of the 
Antidumping Duty 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. A list of the

[[Page 71056]]

issues raised is attached to this notice at in Appendix I. 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed at htttp://enforcement.trade.gov/frn/index.html. The signed 
and electronic versions of the Issues and Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the margin calculations for Husteel and Nexteel. For a 
discussion of these changes, see the ``Changes Since the Preliminary 
Results'' 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 
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} .''
    For these final results, we 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, 
Commerce has assigned to the companies not individually examined in 
this review (see Appendix II for a full list of these companies) a 
margin of 21.01 percent, which is the weighted-average of the 
antidumping duty margins calculated using the public ranged sales data 
of Husteel and Nexteel.

Final Results of Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period November 1, 2017 through October 
31, 2018:
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    \8\ See Appendix II for a full list of these companies.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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Husteel Co., Ltd........................................            4.92
Nexteel Co., Ltd........................................           27.28
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   Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Other Respondents \8\...................................           21.01
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Disclosure

    We intend to disclose to interested parties 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

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce shall determine, 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. 
Commerce intends to issue assessment instructions to CBP 15 days after 
the date of publication of these final results.
    For Husteel and Nexteel, because the weighted-average dumping 
margins are not zero or de minimis (i.e., less than 0.5 percent), 
Commerce has calculated importer-specific antidumping duty assessment 
rates.\9\ We calculated importer-specific antidumping duty assessment 
rates by aggregating the total amount of dumping calculated for the 
examined sales of each importer and dividing each of these amounts by 
the total sales value associated with those sales. We will instruct CBP 
to assess antidumping duties on all appropriate entries covered by this 
review where an importer-specific assessment rate is not zero or de 
minimis.\10\ Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the importer-specific assessment rate is zero or de minimis.\11\
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    \9\ See 19 CFR 351.212(b)(1).
    \10\ Id.
    \11\ See 19 CFR 351.106(c)(2).
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    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by Husteel and Nexteel, for 
which the Husteel or Nexteel 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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    For the companies which were not selected for individual review, we 
will assign an assessment rate equal to the 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.\13\
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    \13\ See section 751(a)(2)(C) of the Act.
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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) of 
the Act: (1) The cash deposit rate for companies subject to this review 
will be the rates established in these 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,\14\ the all-others rate established in the 
investigation.
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    \14\ 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).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

[[Page 71057]]

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 has occurred and the subsequent assessment of 
double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: November 2, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes since the Preliminary Results
V. Rate for Non-Examined Companies
VI. Discussion of the Issues
    Comment 1-A: Cost-Based Particular Market Situation Allegation
    Comment 1-B: Evidence of a Particular Market Situation 
Allegation
    Comment 1-C: Particular Market Situation Adjustment
    Comment 2: Differential Pricing
VII. Recommendation

Appendix II

List of Companies Not Individually Examined

1. Aju Besteel
2. Bookook Steel
3. Chang Won Bending
4. Dae Ryung
5. Daewoo Shipbuilding & Marine Engineering (Dsme)
6. Daiduck Piping
7. Dong Yang Steel Pipe
8. Dongbu Steel
9. Eew Korea Company
10. Histeel
11. Hyundai Rb
12. Hyundai Steel Company (including Hyundai Steel (Pipe Division))
13. Kiduck Industries
14. Kum Kang Kind
15. Kumsoo Connecting
16. Miju Steel Manufacturing
17. Samkang M&T
18. Seah Fs
19. Seah Steel
20. Steel Flower
21. Vesta Co., Ltd.
22. Yep Co.

[FR Doc. 2020-24722 Filed 11-5-20; 8:45 am]
BILLING CODE 3510-DS-P