[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 54928-54931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21659]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-870]
Certain Oil Country Tubular Goods From the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
certain oil country tubular goods (OCTG) from the Republic of Korea
(Korea) were sold in the United States at prices below normal value.
The period of review (POR) is September 1, 2019, through August 31,
2020. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable October 5, 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:
[[Page 54929]]
Background
These preliminary results are made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this administrative review on
October 30, 2020.\1\ Commerce selected Hyundai Steel Company (Hyundai
Steel) and SeAH Steel Corporation (SeAH) as the two mandatory
respondents in this review.\2\ On April 29, 2021, in accordance with
section 751(a)(3)(A) of the Act, Commerce extended the preliminary
results of review by 120 days, until September 30, 2021.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 68840 (October 30, 2020).
\2\ See Memorandum, ``2019-2020 Administrative Review of the
Antidumping Duty Order on Oil Country Tubular Goods from the
Republic of Korea: Respondent Selection,'' dated December 18, 2020.
\3\ See Memorandum, ``Oil Country Tubular Goods from the
Republic of Korea: Extension of Time Limit for Preliminary Results
of Antidumping Duty Administrative Review, 2019-20,'' dated April
29, 2021.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\4\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix I to this notice. The Preliminary
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 Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019-2020 Administrative Review of Oil Country
Tubular Goods from the Republic of Korea'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The product covered by the Order \5\ is OCTG from Korea. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
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\5\ 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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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(2) of the Act. Commerce has calculated export
prices in accordance with section 772(a) of the Act. Constructed export
prices have been calculated in accordance with section 772(b) of the
Act. Normal value (NV) is calculated in accordance with section 773 of
the Act. Commerce preliminarily does not find that a cost-based
particular market situation existed in Korea during the POR.\6\ For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
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\6\ For a complete discussion, see Preliminary Decision
Memorandum at 15-28.
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Preliminary Determination of No Shipments
On November 25, 2020, HiSteel Co., Ltd. (HiSteel) submitted a
letter certifying that it had no exports or sales of subject
merchandise into the United States during the POR.\7\ U.S. Customs and
Border Protection (CBP) did not have any information to contradict this
claim of no shipments during the POR.\8\ Therefore, we preliminarily
determine that HiSteel did not have any shipments of subject
merchandise during the POR. Consistent with Commerce's practice, we
will not rescind the review with respect to HiSteel but will complete
the review and issue instructions to CBP based on the final results.\9\
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\7\ See HiSteel's Letter, ``Administrative Review of the
Antidumping Order on Oil Country Tubular Goods from Korea for the
2019-20 Review Period--No Shipments Letter,'' dated November 25,
2020.
\8\ See Memorandum, ``Certain Oil Country Tubular Goods from the
Republic of Korea 2019-20: No Shipment Inquiry for HiSteel Co.,
Ltd., During the Period 09/01/2019 through 08/31/2020,'' dated
September 27, 2021.
\9\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306,
51307 (August 28, 2014).
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Rates for Non-Examined Companies
The statute and Commerce's regulations do not address the 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
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 preliminarily calculated dumping margins for the
two mandatory respondents, Hyundai Steel and SeAH, of 19.38 and 3.85
percent, respectively, and we have assigned to the non-selected
companies a rate of 11.62 percent, which is the simple average of
Hyundai Steel's and SeAH's margins.\10\
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\10\ Commerce was unable to compare a simple average to a
weighted-average relative to publicly available data because public
data for volume of U.S. sales were not available for both
respondents.
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Preliminary Results of Review
Commerce preliminarily finds that, for the period September 1,
2019, through August 31, 2020, the following weighted-average dumping
margins exist:
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Hyundai Steel Company....................................... 19.38
SeAH Steel Corporation...................................... 3.85
Non-examined companies \11\................................. 11.62
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Disclosure, Public Comment, and Opportunity to Request a Hearing
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\11\ See Appendix II.
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We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, the content of which is limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\12\ 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.\13\ Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed
[[Page 54930]]
using ACCESS \14\ and must be served on interested parties.\15\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the document is due.
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\12\ See 19 CFR 351.309(d).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See generally 19 CFR 351.303.
\15\ See 19 CFR 351.303(f).
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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
Commerce's electronic records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days of the date of publication of this
notice.\16\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at a time and date to be determined.\17\ Parties should confirm the
date, time, and location of the hearing two days before the scheduled
date.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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Pursuant to Section 751(a)(2)(B)(iv) of the Act and 19 CFR
351.213(h)(2), Commerce intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any case or rebuttal briefs, no later than 120 days
after the date of publication of this notice, unless extended.\18\
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\18\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\19\
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\19\ See 19 CFR 351.212(b)(1).
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For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., greater than or equal to 0.5
percent) in the final results of this review, we will calculate
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of antidumping duties calculated for the examined
sales to the total entered value of the examined sales to that
importer, and we will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review. For entries of subject
merchandise during the POR produced by each respondent for which it did
not know its merchandise was destined for the United States, we will
instruct CBP to liquidate such entries at the all-others rate if there
is no rate for the intermediate company(ies) involved in the
transaction.\20\ Where the individually-selected respondent's weighted-
average dumping margin is zero or de minimis, 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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\20\ For a full discussion of this clarification, 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
intend to assign an assessment rate based on the methodology described
in the ``Rates for Non-Examined Companies'' section. The final results
of this review shall be the basis for the assessment of antidumping
duties on entries of merchandise covered by this review where
applicable.
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.\21\ 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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\21\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 884 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise 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 the companies listed in the final results of review
will be equal to the weighted-average dumping margin established in the
final results of this administrative 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
recently completed segment of this proceeding in which they were
reviewed; (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
recently completed segment of this proceeding for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 5.24 percent, the all-others rate
established in the less-than-fair-value investigation.\22\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\22\ 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 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
The preliminary results of this administrative review are issued
and published in accordance with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.221(b)(4).
Dated: September 29, 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. Rates for Non-Examined Companies
V. Preliminary Determination of No Shipments
VI. Affiliation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
Appendix II--List of Companies Not Individually Examined
1. AJU Besteel Co., Ltd.
2. DB Inc.
3. Dong-A Steel Co., Ltd.
4. FM Oilfield Services Solutions LLC
5. Hengyang Steel Tube Group International Trading Inc.
6. Husteel Co., Ltd.
7. Hyundai Corporation
8. Hyundai Heavy Industries Co., Ltd.
[[Page 54931]]
9. ILJIN Steel Corporation
10. K Steel Corporation
11. KASCO
12. Kenwoo Metals Co., Ltd.
13. Kukje Steel Co., Ltd.
14. Kumkang Kind Co., Ltd.
15. Kumsoo Connecting Co., Ltd.
16. Master Steel Corporation
17. NEXTEEL Co., Ltd.
18. POSCO International Corporation
19. Pusan Coupling Corporation
20. Pusan Fitting Corporation
21. Sang Shin Industrial Co., Ltd. (a.k.a. SIC Tube Co., Ltd.)
22. SeAH Changwon Integrated Special Steel Co., Ltd.
23. Shin Steel Co., Ltd.
24. Sichuan Y&J Industries Co. Ltd.
25. Steel-A Co., Ltd.
26. Sungwon Steel Co., Ltd.
27. TGS Pipe Co., Ltd.
28. TJ Glovsteel Co., Ltd.
29. TPC Co., Ltd.
30. T-Tube Co., Ltd.
[FR Doc. 2021-21659 Filed 10-4-21; 8:45 am]
BILLING CODE 3510-DS-P