[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41015-41018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16250]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-870]


Certain Oil Country Tubular Goods 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 certain 
oil country tubular goods (OCTG) from the Republic of Korea (Korea) are 
being sold in the United States at prices below normal value. The 
period of review (POR) is September 1, 2018, through August 31, 2019.

DATES: Applicable July 30, 2021.

FOR FURTHER INFORMATION CONTACT: Davina Friedmann, Mark Flessner, or 
Frank Schmitt, AD/CVD Operations, Office VI, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-0698, (202) 482-6312, or (202) 482-4880, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 25, 2021, Commerce published the Preliminary Results of 
this administrative review.\1\ We invited interested parties to comment 
on the Preliminary Results. Between February 25 and March 4, 2021, 
Commerce received timely filed case briefs and rebuttal briefs from 
various interested parties.\2\ On April 28, 2021, we

[[Page 41016]]

extended the deadline for the final results until July 23, 2021.\3\
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    \1\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative 
Review; 2018-2019, 86 FR 6868 (January 25, 2021) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \2\ See Maverick Tube Corporation, Tenaris Bay City, Inc., and 
IPSCO Tubulars Inc. (collectively, Maverick)'s Letter, ``Oil Country 
Tubular Goods from the Republic of Korea: Case Brief of Maverick 
Tube Corporation, Tenaris Bay City, Inc., and IPSCO Tubulars Inc.,'' 
dated February 25, 2021; United States Steel Corporation (U.S. 
Steel)'s Letter, ``Oil Country Tubular Goods from the Republic of 
Korea: Case Brief of United States Steel Corporation,'' dated 
February 26, 2021; Hyundai Steel Company (Hyundai Steel)'s Letter, 
``Certain Oil Country Tubular Goods from the Republic of Korea--Case 
Brief,'' dated February 25, 2021; SeAH Steel Corporation (SeAH)'s 
Letter, ``Administrative Review of the Antidumping Order on Oil 
Country Tubular Goods from Korea--Case Brief of SeAH Steel 
Corporation,'' dated February 25, 2021; Husteel Co., Ltd. 
(Husteel)'s Letter, ``Oil Country Tubular Goods from the Republic of 
Korea, Case No. A-580-870: Husteel's Case Brief,'' dated February 
25, 2021; AJU Besteel's Letter, ``Certain Oil Country Tubular Goods 
from the Republic of Korea--Letter in Support of Case Briefs,'' 
dated February 25, 2021; ILJIN's Letter, ``Certain Oil Country 
Tubular Goods from the Republic of Korea--Letter in Support of Case 
Briefs,'' dated February 25, 2021; Maverick's Letter, ``Oil Country 
Tubular Goods from the Republic of Korea: Rebuttal Brief of Maverick 
Tube Corporation, Tenaris Bay City, Inc. and IPSCO Tubular Inc.,'' 
dated March 4, 2021; U.S. Steel's Letter, ``Oil Country Tubular 
Goods from the Republic of Korea: Rebuttal Brief of United States 
Steel Corporation,'' dated March 5, 2021; Hyundai Steel's Letter, 
``Certain Oil Country Tubular Goods from the Republic of Korea--
Rebuttal Brief,'' dated March 4, 2021; SeAH's Letter, 
``Administrative Review of the Antidumping Duty Order on Oil Country 
Tubular Goods from Korea--Rebuttal Brief of SeAH Steel 
Corporation,'' dated March 5, 2021; and Husteel's Letter, ``Oil 
Country Tubular Goods from Republic of Korea, Case No. A-580-870: 
Letter in Support of Respondents' Rebuttal Briefs,'' dated March 4, 
2021.
    \3\ See Memorandum, ``Oil Country Tubular Goods from the 
Republic of Korea: Extension of Time Limit for Final Results of 
Antidumping Duty Administrative Review, 2018-2019,'' dated April 28, 
2021.
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    For a complete description of the events that followed the 
Preliminary Results of this administrative review, see the Issues and 
Decision Memorandum.\4\ 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 directly on the internet at http://enforcement.trade.gov/frn/index.html.
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    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 Administrative Review of the 
Antidumping Duty Order on Certain Oil Country Tubular Goods from the 
Republic of Korea,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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    These final results cover 53 companies.\5\ Based on an analysis of 
the comments received, we have made changes to the weighted-average 
dumping margins determined for the respondents. The weighted-average 
dumping margins are listed in the ``Final Results of Review'' section, 
below. Commerce conducted this review in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the Act).
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    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 61011 (November 12, 2021). The 53 
companies consist of two mandatory respondents and 51 companies not 
individually examined.
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Scope of the Order 6
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    \6\ See Certain Oil Country Tubular Goods from India, the 
Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist 
Republic of Vietnam: Antidumping Duty Orders; and Certain Oil 
Country Tubular Goods from the Socialist Republic of Vietnam: 
Amended Final Determination of Sales at Less Than Fair Value, 79 FR 
53691 (September 10, 2014) (Order).
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    The merchandise covered by the Order is certain OCTG, which are 
hollow steel products of circular cross-section, including oil well 
casing and tubing, of iron (other than cast iron) or steel (both carbon 
and alloy), whether seamless or welded, regardless of end finish (e.g., 
whether or not plain end, threaded, or threaded and coupled) whether or 
not conforming to American Petroleum Institute (API) or non-API 
specifications, whether finished (including limited service OCTG 
products) or unfinished (including green tubes and limited service OCTG 
products), whether or not thread protectors are attached. The scope of 
the Order also covers OCTG coupling stock. For a complete description 
of the scope of the Order, see the Issues and Decision Memorandum.

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. The 
issues are identified in Appendix I to this notice.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the margin calculations for SeAH and Hyundai Steel. For a 
discussion of these changes, see the ``Margin Calculations'' 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 
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 review 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 a weighted-average dumping 
margin that is not zero, de minimis, or determined entirely on the 
basis of facts available for SeAH. Accordingly, Commerce has assigned 
to the companies not individually examined (see Appendix II for a full 
list of these companies) a margin of 0.77 percent, which is SeAH's 
calculated weighted-average dumping margin for these final results.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period September 1, 2018, through August 31, 
2019:
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    \7\ See Appendix II for a full list of these companies.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margins
                                                               (percent)
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Hyundai Steel Company.......................................        0.00
SeAH Steel Corporation......................................        0.77
Non-examined companies \7\..................................        0.77
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, 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.
    Where the respondent reported reliable entered values, we 
calculated importer- (or customer-) specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\8\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed sales to that party by the total sales 
quantity associated with those transactions, Commerce will direct CBP 
to assess importer- (or customer-) specific assessment rates based on 
the resulting per-unit rates.\9\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is greater than de minimis (i.e., 
0.50 percent),

[[Page 41017]]

Commerce will instruct CBP to collect the appropriate duties at the 
time of liquidation.\10\ Where an importer- (or customer-) specific ad 
valorem or per-unit rate is zero or de minimis, Commerce will instruct 
CBP to liquidate appropriate entries without regard to antidumping 
duties.\11\
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    \8\ See 19 CFR 351.212(b)(1).
    \9\ Id.
    \10\ Id.
    \11\ See 19 CFR 351.106(c)(2).
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    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rates for Non-Examined Companies'' section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by SeAH, Hyundai Steel, or 
the non-examined companies for which the producer 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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    Consistent with its recent notice,\13\ 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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    \13\ See Notice of Discontinuation Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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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)(C) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results will be equal to the weighted-average dumping 
margins established in the final results of this review; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior segment of this proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment in which the company was 
reviewed; (3) if the exporter is not a firm covered in this review or 
the original less-than-fair-value (LTFV) investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 5.24 percent,\14\ the all-
others rate established in the LTFV investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \14\ See Certain Oil Country Tubular Goods from the Republic of 
Korea: Notice of Court Decision Not in Harmony with Final 
Determination, 81 FR 59603 (August 30, 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 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 Regarding Administrative Protective Order

    This notice also 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 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

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213.

    Dated: July 23, 2021.
Christian Marsh,
Acting 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

    General Issues
    Comment 1-A: Lawfulness of Commerce's Interpretation of the 
Particular Market Situation (PMS) Provision
    Comment 1-B: Evidence of a PMS
    Comment 1-C: Quantification of PMS Adjustment
    Comment 2: Differential Pricing
    Comment 3: Calculation of Constructed Value (CV) Profit and 
Selling Expenses

    Hyundai Steel-Specific Issues
    Comment 4: Arm's Length Adjustment for Services from Affiliate
    Comment 5: Transportation of OCTG from Affiliate
    Comment 6: Cost of Prime Products Sold in the United States
    Comment 7: Transfer Price as an Indirect Selling Expense
    Comment 8: Correcting Drafting Errors
    Comment 9: Hyundai Steel's Entered Value
    Comment 10: U.S. Warehousing Expense
    Comment 11: Reallocating an Input as a Packing Expense

    SeAH-Specific Issues
    Comment 12: PMS Adjustment in the Sales-Below-Cost Test
    Comment 13: Freight Revenue Cap
    Comment 14: Calculation of General and Administrative (G&A) 
Expenses Incurred by SeAH's U.S. Affiliate
    Comment 15: Correction of a Ministerial Error in SeAH's 
Preliminary Margin Program
    Comment 16: SeAH's Kuwait Sales to Calculate Normal Value
    Comment 17: CEP Offset
VII. Recommendation

Appendix II--List of Companies Not Individually Examined

1. AJU Besteel Co., Ltd.
2. Blue Sea Precision Tube Co., Ltd.
3. Bo Myung Metal Co., Ltd.
4. BUMA CE Co., Ltd.
5. Busung Steel Co., Ltd.
6. Chang Won Bending Co., Ltd.
7. Daeho P&C Co., Ltd.
8. Daou Precision Ind. Co.
9. Dongyang Steel Pipe Co., Ltd.
10. Dongbu Incheon Steel Co., Ltd.
11. Dongkuk Steel Mill Co., Ltd.
12. EEW Korea Co., Ltd.
13. Global Solutions Co., Ltd.
14. Hansol Metal Co., Ltd.
15. HiSteel Co., Ltd.
16. HPP Co., Ltd.
17. Husteel Co., Ltd.
18. Hyundai Group
19. Hyundai Corporation
20. Hyundai HYSCO
21. Hyundai RB Co., Ltd.
22. ILJIN Steel Corporation
23. Keonwoo Metals Co., Ltd.
24. K Steel Corporation
25. KF UBIS Co., Ltd.
26. Korea Steel Co., Ltd.
27. Kukje Steel Co., Ltd.
28. KPF Co., Ltd.
29. Kumkang Kind Co., Ltd.

[[Page 41018]]

30. Kumsoo Connecting Co., Ltd.
31. Master Steel Corporation
32. MCK Co., Ltd.
33. MS Pipe Co., Ltd.
34. Msteel Co., Ltd.
35. Nexen Corporation
36. NEXTEEL Co., Ltd.
37. Pneumatic Plus Korea Co., Ltd.
38. POSCO International Corporation
39. PSG Co., Ltd.
40. Pusan Fitting Corporation
41. SeAH FS Co., Ltd.
42. Sejong Ind. Co., Ltd.
43. Seokyoung Steel & Technology Co., Ltd.
44. SIC Tube Co., Ltd.
45. ST Tubular Inc.
46. Sungkwang Bend Co., Ltd.
47. TGS Pipe Co., Ltd.
48. TJ Glovsteel Co., Ltd.
49. TSP Corporation
50. Union Pipe MFG Co., Ltd.
51. WSG Co., Ltd.

[FR Doc. 2021-16250 Filed 7-29-21; 8:45 am]
BILLING CODE 3510-DS-P