[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15912-15914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06198]


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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 and 
Preliminary Determination of No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that circular welded non-alloy steel pipe (CWP) from the Republic of 
Korea (Korea) were not sold at prices below normal value during the 
period of review (POR) November 1, 2018, through October 31, 2019. We 
invite interested parties to comment on these preliminary results.

DATES: Applicable March 25, 2021.

FOR FURTHER INFORMATION CONTACT: Dusten Hom, 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) 482-5075.

SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an 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\ On February 6, 2020, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated the 
administrative review \2\ of the Order covering 24 producers and/or 
exporters, including mandatory respondents, Husteel Co., Ltd. (Husteel) 
and Hyundai Steel Company (Hyundai Steel).\3\ The remaining companies 
were not selected for individual examination and remain subject to this 
administrative review. For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\4\
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    \1\ 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) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 6869 (February 6, 2020).
    \3\ See Memorandum, ``Respondent Selection,'' dated April 20, 
2020.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments: Circular Welded Non-Alloy Steel Pipe 
from the Republic of Korea: 2018-2019,'' dated concurrently with 
these preliminary results and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days, thereby tolling the deadline for the preliminary 
results of review.\5\ On July 21, 2020, Commerce tolled the deadlines 
in administrative reviews by an additional 60 days, thereby tolling the 
deadline for the preliminary results of review until November 19, 
2020.\6\ On October 28, 2020, Commerce extended the time limit for 
issuing the the preliminary results of this review by 120 days, to no 
later than March 19, 2021.\7\
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    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19 Government,'' dated April 
24, 2020.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \7\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from 
the Republic of Korea: Extension of Deadline for Preliminary Results 
of 2018-2019 Antidumping Administrative Review,'' dated October 28, 
2020.
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Scope of the Order

    The merchandise subject to the Order is CWP from Korea. A full 
description of the scope, see the Preliminary Decision Memorandum.\8\
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    \8\ For a full description of the scope of the Order, see 
Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. For a full description of the

[[Page 15913]]

methodology underlying these preliminary results, see the Preliminary 
Decision Memorandum. A list of the topics discussed in the Preliminary 
Decision Memorandum is included as Appendix I to this notice. The 
Preliminary Decision Memorandum is a public document and made available 
to the public via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACESS is available to registered users at http://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/.

Preliminary Determination of No Shipments

    One producer and/or exporter properly filed a certification 
reporting that it made no shipments of subject merchandise during the 
POR: HiSteel. U.S. Customs and Border Protection (CBP) did not have any 
information to contradict this claim of no shipments during the POR.\9\ 
Therefore, we preliminarily determine that this company did not have 
shipments of subject merchandise during the POR. Consistent with 
Commerce's practice,\10\ Commerce finds that it is not appropriate to 
rescind the review with respect to this company, but rather to complete 
the review and issue appropriate instructions to CBP based on the final 
results of this review.
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    \9\ See Preliminary Decision Memorandum at 3-4.
    \10\ See, e.g., Heavy Walled Rectangular Welded Carbon Steel 
Pipes and Tubes from the Republic of Turkey: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2017-2018, 84 FR 34863 (July 19, 2019), and 
accompanying Preliminary Decision Memorandum at 4.
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Rate for Non-Selected 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 Hyundai Steel that are zero. For the 
companies that were not selected for individual review, we 
preliminarily assigned a rate based on the rates for the respondents 
that were selected for individual review, excluding rates that are 
zero, de minimis, or based entirely on facts available.\11\ In 
accordance with the U.S. Court of Appeals for the Federal Circuit's 
decision in Albemarle Corp. v. United States, we are applying to the 
twenty-one companies that had reviewable transactions during the POR 
the zero percent rates calculated for Husteel and Hyundai Steel.\12\ 
These are the only rates determined in this review for individual 
respondents and, thus, should be applied to the twenty-one firms not 
selected for individual review under section 735(c)(5)(B) of the Act.
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    \11\ See section 735(c)(5)(A) of the Act.
    \12\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
    \13\ See Appendix II for a full list of these companies.
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Preliminary Results of the Administrative Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the administrative review covering 
the period November 1, 2018, through October 31, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Husteel Co., Ltd............................................      * 0.00
Hyundai Steel Company (including Hyundai Steel (Pipe              * 0.00
 Division)).................................................
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   Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Other Respondents \13\......................................      * 0.00
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* De minimus.

Disclosure

    We intend to disclose the calculations performed in connection with 
these preliminary results to interested parties within five days after 
the date of publication of this notice in accordance with 19 CFR 
351.224(b).

Public Comment

    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 seven days after the date for filing case 
briefs.\14\ Commerce modified certain of its requirements for serving 
documents containing business proprietary information until further 
notice.\15\ 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.\16\
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    \14\ See 19 CFR 351.309(d).
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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.\17\ 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. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Issues raised in the hearing will be limited to those 
raised in the briefs. An electronically-filed request for a hearing 
must be received successfully in its entirety by ACCESS by 5 p.m. 
Eastern Time within 30 days after the date of publication of this 
notice.\18\
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    \17\ See 19 CFR 351.310(c).
    \18\ Id.; see also 19 CFR 351.303(b)(1).
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    Unless the deadline is extended, Commerce intends to issue the 
final results of these reviews, including the results of its analysis 
of issues raised by parties in their comments, within 120 days after 
the publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuing the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review. If an examined respondent's weighted-average dumping 
margin is

[[Page 15914]]

above de minimis (i.e., 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 U.S. sales and, where possible, 
the total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\19\ 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 avove de minimis. 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.
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    \19\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
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    For entries of subject merchandise during the POR produced by 
Husteel or Hyundai Steel for which they did not know that the 
merchandise was destined to the United States and for all entries 
attributed to HiSteel, for which we found no shipments during the POR, 
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.\20\
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    \20\ 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 that were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem rate equal to each company's weighted-average dumping margin 
determined in the final results of this review.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative 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 this administrative review; (2) for 
merchandise exported by a company 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,\21\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \21\ See Order.
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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.

Notification to Interested Parties

    Commerce is issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(1) and 777(i) of the Act, and 
19 CFR 351.221(b)(4).

    Dated: March 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Affiliation
VI. Discussion of the Methodology
VII. Constructed Export Price
VIII. Normal Value
IX. Currency Conversion
X. 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. Hyundai Rb
11. Kiduck Industries
12. Kum Kang Kind
13. Kumsoo Connecting
14. Miju Steel Mfg.
15. Nexteel Co., Ltd.
16. Samkang M&T
17. Seah Fs
18. Seah Steel
19. Steel Flower
20. Vesta Co., Ltd.
21. Ycp Co.

[FR Doc. 2021-06198 Filed 3-24-21; 8:45 am]
BILLING CODE 3510-DS-P