[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35060-35062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14109]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-880]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Korea: Final Results of Antidumping Duty Administrative 
Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that 
producers and/or exporters subject to this administrative review did 
not make sales of subject merchandise at less than normal value during 
the period of review (POR), September 1, 2018, through August 31, 2019.

DATES: Applicable July 1, 2021.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Jacob Garten, 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) 482-4682 or (202) 
482-3342, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers three producers and exporters of the subject 
merchandise. Commerce selected Dong-A Steel Co., Ltd., (DOSCO) and 
HiSteel Co., Ltd., (HiSteel) for individual examination. The producer 
and/or exporter not selected for individual examination, Kukje Steel 
Co., Ltd., (Kukje Steel) is listed in the ``Final Results of the 
Review'' section of this notice.
    On January 26, 2021, Commerce published the Preliminary Results.\1\ 
In March 2021, the petitioner,\2\ DOSCO, and HiSteel submitted case and 
rebuttal briefs.\3\ For a description of the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\4\ On 
May 14, 2021, we extended the deadline for the final results until June 
25, 2021.\5\
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    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea: Preliminary Results of Antidumping 
Duty Administrative Review; 2018-2019, 86 FR 7071 (January 26, 2021) 
(Preliminary Results).
    \2\ The petitioner is Nucor Tubular Products Inc.
    \3\ See Petitioner's Case Brief, ``Heavy Walled Rectangular 
Welded Carbon Steel Pipes and Tubes from the Republic of Korea: Case 
Brief,'' dated March 19, 2021; DOSCO and HiSteel's Joint Case Brief, 
``Case Brief of Dong-A-Steel Co., Ltd and HiSteel Co. Ltd.,'' dated 
March 19, 2021; DOSCO's Case Brief, ``Case Brief of DOSCO,'' dated 
March 19, 2021; DOSCO's Rebuttal Case Brief, ``Heavy Walled 
Rectangular Carbon Steel Pipe and Tube from Korea--Rebuttal Brief of 
DOSCO,'' dated March 29, 2021; HiSteel's Rebuttal Case Brief, 
``Administrative Review of the Antidumping Order Heavy Walled 
Rectangular Carbon Steel Pipe and Tube from Korea--Rebuttal Brief of 
HiSteel Co. Ltd.,'' dated March 29, 2021; Petitioner's Rebuttal Case 
Brief, ``Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea: Rebuttal Brief,'' dated March 29, 
2021. We also received a letter in lieu of a rebuttal brief from 
Kukje Steel. See Kukje Steel's Letter, ``Heavy Walled Rectangular 
Welded Carbon Steel Pipes and Tubes from the Republic of Korea--
Letter in Support of Mandatory Respondents' Briefs,'' dated March 
29, 2021.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Administrative Review of the 
Antidumping Duty Order on Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from the Republic of Korea,'' dated 
concurrently with, and hereby adopted by, these results (Issues and 
Decision Memorandum).
    \5\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from the Republic of Korea: Extension of 
Deadline for Final Results of the 2018-2019 Antidumping Duty 
Administrative Review,'' dated May 14, 2021.
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

[[Page 35061]]

Scope of the Order

    The products covered by the order are certain heavy walled 
rectangular welded steel pipes and tubes from the Republic of Korea 
(Korea). Products subject to the order are currently classified under 
the Harmonized Tariff Schedule of the United States (HTSUS) item number 
7306.61.1000. Subject merchandise may also be classified under 
7306.61.3000. Although the HTSUS numbers and ASTM specification are 
provided for convenience and for customs purposes, the written product 
description remains dispositive.\6\
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    \6\ For a full description of the scope of the order, see Issues 
and Decision Memorandum.
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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 Issues and Decision 
Memorandum. 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 http://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon for the final results of this review. However, 
we took additional steps in lieu of an on-site verification to verify 
this information, in accordance with section 782(i) of the Tariff Act 
of 1930, as amended (the Act).\7\
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    \7\ See Commerce's Letters, In Lieu of Verification 
Questionnaires for HiSteel and DOSCO, dated February 16, 2021 and 
March 4, 2021, respectively; see also HiSteel's Letter, 
``Administrative Review of the Antidumping Duty Order on Heavy 
Walled Rectangular Carbon Steel Pipes and Tubes from Korea--Response 
to the Department's February 16 In-Lieu of Verification 
Questionnaire,'' dated February 25, 2021; and DOSCO's Letter, 
``Heavy Walled Rectangular Carbon Steel Pipes and Tubes from Korea--
Response to the Department's March 4 Questionnaire In-Lieu of 
Verification,'' dated March 11, 2021.
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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 margin calculations for 
DOSCO and HiSteel. For a discussion of these changes, see the Margin 
Calculations section of the Issues and Decision Memorandum.\8\
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    \8\ See Issues and Decision Memorandum.
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Rate for Non-Selected Respondents

    The Act and Commerce's regulations do not address the 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} .'' Section 
735(c)(5)(B) of the Act also provides that, where all rates are zero, 
de minimis, or based entirely on facts available, we may use ``any 
reasonable method'' for assigning the rate to all other respondents. 
The SAA states that the ``expected method'' under ``any reasonable 
method'' is that we will weight-average the rates that are zero, de 
minimis, and based entirely on facts available.\9\
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    \9\ See Uruguay Round Agreements Act Statement of Administrative 
Action attached to H.R. Rep. No. 103-316 vol. I at 873 (1994), 
reprinted in 1994 U.S.C.C.A.N 3773, 4163 (SAA).
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    In this review, we have calculated weighted-average dumping margins 
for DOSCO and HiSteel that are zero percent, and we have assigned this 
zero percent to the non-selected company in this review (i.e., Kukje 
Steel), pursuant to section 735(c)(5)(B) of the Act.

Final Results of the Review

    We continue to assign the following weighted-average dumping 
margins to the firms listed below for the period September 1, 2018, 
through August 31, 2019:
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    \10\ As discussed in the Preliminary Results, Commerce 
preliminarily determined to collapse Dong-A Steel Co., Ltd., with 
its affiliated producer SeAH Steel Corporation and treat these 
companies as a single entity, in accordance with 19 CFR 351.401(f). 
We received no comments on this issue and continue to determine that 
Dong-A Steel Co., Ltd. and SeAH Steel Corporation are a single 
entity.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                margin
                                                               (percent)
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Dong-A Steel Co., Ltd \10\..................................        0.00
HiSteel Co., Ltd............................................        0.00
Kukje Steel Co., Ltd........................................        0.00
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    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), where the respondent did 
not report entered value, we calculated the entered value in order to 
calculate the assessment rate. Where 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 rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties. In accordance with Commerce's practice, for 
entries of subject merchandise during the POR for which the reviewed 
companies did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate such entries at the all-
others rate if there is no company-specific rate for the intermediate 
company(ies) involved in the transaction.\11\
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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.\12\ 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).
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    \12\ See section 751(a)(2)(C) of the Act.

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[[Page 35062]]

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 that 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 participating in this review, the cash 
deposit will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding; (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, then the cash 
deposit rate will be the rate established for the most recent segment 
for the manufacturer of the merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be 3.24 
percent, the all-others rate established in the LTFV investigation.\13\ 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \13\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea, Mexico, and the Republic of 
Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13, 
2016).
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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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding 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

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: June 25, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of Issues
    General Issues
    Comment 1: Existence of a Particular Market Situation (PMS)
    Comment 2: PMS Adjustment
    Comment 3: Differential Pricing
    DOSCO-Specific Issues
    Comment 4: DOSCO's Scrap Offset
    Comment 5: SeAH Steel Corporation (SeAH Steel)'s Scrap Offset
    Comment 6: Common Expenses--DOSCO's General and Administrative 
(G&A) Expense Ratio
    Comment 7: Affiliated Services--DOSCO's and SeAH Steel's G&A 
Expense Ratios
    Comment 8: Inventory Valuation Losses--DOSCO's G&A Expense Ratio
    Comment 9: Unassigned Material Costs Variance--SeAH Steel's G&A 
Expense Ratio
    Comment 10: Packing Costs--DOSCO's G&A Expense Ratio
    Comment 11: Collapsed G&A Expense Ratio
    Comment 12: Short Term Interest Income--Financial Expense Ratio
    Comment 13: Investment Related Gains and Losses--Financial 
Expense Ratio
    Comment 14: Packing Costs--Financial Expense Ratio
    HiSteel-Specific Issues
    Comment 15: HiSteel Transactions--Disregarded Rule
    Comment 16: Allocation of Common Expenses for HiSteel
    Comment 17: HiSteel's Miscellaneous Income Items
VI. Recommendation

[FR Doc. 2021-14109 Filed 6-30-21; 8:45 am]
BILLING CODE 3510-DS-P