[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Notices]
[Pages 53631-53633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21044]


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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 and Final 
Determination of No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that the 
producers/exporters subject to this administrative review did not make 
sales of circular welded non-alloy steel pipe (CWP) from the Republic 
of Korea (Korea) at less than normal value during the period of review 
(POR), November 1, 2018, through October 31, 2019.

DATES: Applicable September 28, 2021.

FOR FURTHER INFORMATION CONTACT: Dusten Hom, AD/CVD Operations, Office 
I, Enforcement and Compliance, International Trade Administration,

[[Page 53632]]

U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington DC 
20230; telephone: (202) 482-5075.

SUPPLEMENTARY INFORMATION:

Background

    On March 25, 2021, Commerce published the Preliminary Results of 
this administrative review.\1\ The review covers 24 producers and/or 
exporters of subject merchandise. We invited interested parties to 
comment on the Preliminary Results. On June 25, 2021, Commerce extended 
the deadline for issuing these final results until September 21, 
2021.\2\ A summary of the events that occurred since Commerce published 
the Preliminary Results, as well as a full discussion of the issues 
raised by parties for these final results, are discussed in the Issues 
and Decision Memorandum.\3\ Commerce conducted this review in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See 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, 86 
FR 15912 (March 25, 2021) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Circular Welded Non-Alloy Steel Pipe from 
the Republic of Korea: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2018-2019,'' dated June 25, 
2021.
    \3\ 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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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.\4\
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    \4\ Id.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are listed in Appendix I 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 
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.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
certain changes for these final results of review.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that HiSteel had no 
shipments of subject merchandise during the POR. No party commented on 
this issue and because we have not received any information to 
contradict our preliminary finding, we continue to find that HiSteel 
did not have any shipments of subject merchandise during the POR and 
intend to issue appropriate instructions to U.S. Customs and Border 
Protection (CBP) based on the final results of this review.

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} .'' Section 735(c)(5)(B) of the Act also 
provides that, where all rates for individually examined companies are 
zero, de minimis, or based entirely on facts available, Commerce may 
use ``any reasonable method'' for assigning the rate to all other 
respondents. The SAA states that one such reasonable method is to 
weight-average the rates that are zero, de minimis, and based entirely 
on facts available.\5\
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    \5\ See Statement of Administrative Action Accompanying the 
Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 1 (1994) (SAA) 
at 873.
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    In this review, we calculated weighted-average dumping margins for 
Husteel Co., Ltd. (Husteel) and Hyundai Steel Company (Hyundai Steel) 
that are zero percent, and we have assigned this zero percent rate to 
the 21 firms not selected for individual review under section 
735(c)(5)(B) of the Act.\6\
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    \6\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
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Final Results of Review

    We determine that the following weighted-average dumping margins 
exists for 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 \7\...................................        0.00
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   Review-Specific Average Rate Applicable to the Following Companies
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Other Respondents \8\.......................................        0.00
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Disclosure
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    \7\ This company is also known as Hyundai Steel Corporation; 
Hyundai Steel; and Hyundai Steel (Pipe Division).
    \8\ See Appendix II for a full list of these companies.
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    We intend to disclose the calculations performed in connection with 
these final results to parties in this proceeding within five days of 
the date of publication of this notice, 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), 
Commerce shall determine, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Because all respondents weighted-average 
dumping margins are zero or de minimis within the meaning of 19 CFR 
351.106(c)(1), we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
    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

[[Page 53633]]

entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\9\
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    \9\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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 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 in the Federal Register, 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,\10\ the all-
others rate established in the investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \10\ 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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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: September 21, 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. No Shipments
VI. Discussion of the Issues
    Comment 1: Existence of Particular Market Situation (PMS)
    Comment 2: Hyundai Steel's R&D Expenses
    Comment 3: Husteel's CEP Offset
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 \11\
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    \11\ This company is also known as Dongbu Steel Co., Ltd.
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9. Eew Korea Company
10. Hyundai Rb
11. Kiduck Industries
12. Kum Kang Kind
13. Kumsoo Connecting
14. Miju Steel Mfg.\12\
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    \12\ This company is also known as Miju Steel Manufacturing.
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15. Nexteel Co., Ltd.\13\
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    \13\ This company is also known as Nexteel.
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16. Samkang M&T
17. Seah Fs
18. Seah Steel \14\
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    \14\ This company is also known as Seah Steel Corporation.
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19. Steel Flower
20. Vesta Co., Ltd.
21. Ycp Co.

[FR Doc. 2021-21044 Filed 9-27-21; 8:45 am]
BILLING CODE 3510-DS-P